Restricted Area (Zoning) By-law 1784 (consolidation Sept 2025)
Whitby, Ontario
· No. 1784
· summary & facts
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unofficial consolidation, the official version is held by the municipal clerk.
Corporation of the Town of Whitby
Restricted Area (Zoning) By-Law
1784
As Amended
Date of Consolidation: September 2025
By-law 1784
Section A-2
Corporation of The Town of Whitby
By-Law #. 1784
As Amended By By-Laws
As Amended by By-Laws
1794,
1826,
1849,
1850,
1889,
1891,
1912,
1916,
1925,
1926,
1958,
2007,
2050,
2051,
2072,
2119,
2132,
69-68,
137-68,
266-69,
316-70,
317-70,
337-70,
474-70,
518-71,
542-71,
545-71,
568-71,
569-71,
603-71,
620-71,
724-72,
736-72,
780-72,
781-72,
815-72,
822-72,
823-72,
853-72,
871-72,
919-73,
920-73,
1028-73,
1048-73,
1075-73,
1082-73,
1087-73,
1090A-73, 1099-73,
50-74,
61-74,
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86-74,
98-74,
157-74,
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1833-85,
1839-85,
1848-85,
1849-85,
1850-85,
By-law 1784
Section A-3
1859-85,
1863-85,
1871-85,
1880-05,
1888-85,
1921-85,
1931-85,
1933-85,
1952-85,
1964-86,
1965-86,
1966-86,
1967-86,
1979-86,
1980-86,
1981-86,
2020-86,
2024-86,
2041-86,
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3000-91,
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3321-93,
3333-93,
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3338-93,
3340-93,
3342-93,
3344-93,
3349-93,
3378-93,
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3407-93
3423-94,
3437-94,
3439-94,
3440-94,
3454-94,
3457-94,
3465-94,
3471-94,
3472-94,
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3485-94,
3504-94,
3506-94,
3515-94,
3523-94,
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3530-94,
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3547-94,
3567-94,
3576-94,
3584-94,
3615-95,
3616-95,
3617-95,
3628-95,
3631-95,
3632-95,
3637-95,
3638-95,
3639-95,
3652-95,
3653-95,
3658-95,
3671-95,
3676-95,
3684-95,
3696-95,
3701-95,
3702-95,
By-law 1784
Section A-4
3718-95,
3719-95,
3723-95,
3724-95,
3725-95,
3731-95,
3732-95,
3740-95,
3760-95,
3764-95,
3765-95,
3774-95,
3786-96,
3787-96,
3814-96,
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4528-99,
4539-00,
4560-00,
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4607-00,
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4610-00,
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4646-00,
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4669-00,
4670-00,
4671-00,
4672-00,
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4689-00,
4694-00,
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4706-00,
4722-00,
4724-00,
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4729-00,
4733-00,
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4738-00,
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4742-00,
4743-00,
4751-01,
4752-01,
4753-01,
4771-01,
4780-01,
4781-01,
4782-01,
4789-01,
4790-01,
4797-01,
4808-01,
4809-01,
4812-01,
4824-01,
4825-01,
4827-01,
4829-01,
4830-01,
4832-01,
4833-01,
4834-01,
4847-01,
4854-01,
4865-01,
4866-01,
4867-01,
4870-01,
4877-01,
4878-01,
4884-01,
4885-01,
4886-01,
4887-01,
4888-01,
4889-01,
4893-01,
4897-01,
4899-01,
4903-01,
4904-01,
4905-01,
4913-01,
4916-01,
4917-01,
4922-01,
4923-01,
4925-01,
4926-01,
4931-01,
4932-01,
4933-01,
4936-01,
4942-01,
4949-01,
4960-01,
4967-01,
4971-02,
4972-02,
4980-02,
4981-02,
4983-02,
4984-02,
4985-02,
4997-02,
5004-02,
5011-02,
5023-02,
5024-02,
5026-02,
5037-02,
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5099-02,
5103-02,
5105-02,
5119-02,
5120-02,
5121-02,
5128-02,
5129-02,
5137-02,
5138-02,
5139-02
By-law 1784
Section A-5
5141-02,
5152-02,
5163-02,
5164-02,
5166-02,
5167-02,
5168-02,
5170-02,
5175-03,
5196-03,
5198-03,
5218-03,
5223-03,
5228-03,
5229-03,
5246-03,
5254-03,
5273-03,
5285-03,
5289-03,
5290-03,
5291-03,
5292-03,
5293-03,
5296-03,
5298-03,
5312-03,
5330-03,
5331-03,
5338-03,
5339-03,
5342-03,
5344-03,
5346-03,
5358-04,
5369-04,
5370-04,
5389-04,
5391-04,
5393-04,
5402-04,
5403-04,
5405-04,
5411-04,
5412-04,
5413-04,
5418-04,
5439-04,
5451-04,
5452-04,
5453-04,
5460-04,
5465-04,
5466-04,
5467-04,
5468-04,
5474-04,
5475-04,
5476-04,
5477-04,
5479-04,
5494-04,
5496-04,
5497-04,
5498-04,
5509-04,
5514-04,
5521-04,
5524-04,
5533-04,
5549-04,
5551-04,
5553-04,
5561-05,
5575-05,
5580-05,
5581-05,
5582-05,
5587-05,
5589-05,
5595-05,
5596-05,
5597-05,
5598-05,
5599-05,
5605-05,
5612-05,
5619-05,
5620-05,
5621-05,
5626-05,
5631-05,
5632-05,
5634-05,
5649-05,
5650-05,
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5655-05,
5656-05,
5657-05,
5665-05,
5666-05,
5668-05,
5674-05,
5675-05,
5677-05,
5681-05,
5709-05,
5714-05,
5716-05,
5729-06,
5740-06,
5742-06,
5751-06,
5754-06,
5759-06,
5792-06,
5793-06,
5802-06,
5805-06,
5819-06,
5820-06,
5822-06,
5825-06,
5840-06,
5844-06,
5848-06,
5857-06,
5860-06,
5862-06,
5871-06,
5879-07,
5880-07,
5913-07,
5929-07,
5934-07,
5935-07,
5936-07,
5952-07,
5953-07,
5956-07,
5979-07,
5980-07,
5981-07,
5982-07,
5983-07,
5993-07,
5995-07,
5996-07,
6005-07,
6007-07,
6010-07,
6021-08,
6022-08,
6023-08,
6024-08,
6025-08,
6041-08,
6043-08,
6049-08,
6058-08,
6065-08,
6066-08,
6071-08,
6072-08,
6073-08,
6074-08,
6087-08,
6088-08,
6089-08,
6099-08,
6100-08,
6129-08,
6131-08,
6163-09,
6171-09,
6172-09,
6181-09,
6185-09,
6191-09,
6192-09,
6203-09,
6206-09,
6207-09,
6208-09,
6217-09,
6243-09,
6254-09,
6278-09,
6284-10,
6302-10,
6312-10,
6313-10,
6315-10,
6326-10,
6327-10,
6341-10,
6356-10,
6357-10,
6371-10,
6372-10,
6373-10,
6374-10,
6396-10,
6398-10,
6399-10,
6424-11,
6425-11,
6448-11,
6459-11,
6467-11,
6492-11,
6505-11,
6506-11,
6507-11,
6526-11,
6541-11,
6542-11,
6561-11,
6592-12,
6600-12,
6601-12,
6611-12,
6618-12,
6636-12
6663-12,
6683-12,
6684-12,
6700-13,
6711-13,
6712-13,
6722-13,
6723-13,
6726-13,
6727-12,
6728-13,
6733-13,
6749-13,
6750-13,
6762-13,
6763-13,
6776-13,
6789-13,
6795-13,
6796-13,
By-law 1784
Section A-6
6822-14,
6842-14,
6864-14,
6875-14,
6876-14,
6890-14,
6891-14,
6892-14,
6893-14,
6925-14
6943-15,
6952-15,
6961-15,
6963-15,
6984-15,
6985-15,
7002-15,
7045-15,
7055-15,
7056-15,
7076-15
7117-16,
7124-16,
7143-16,
7151-16,
7162-16,
7163-16,
7164-16,
7168-16,
7182-16,
7191-16,
7208-16
7252-17,
7300-17,
7303-17,
7309-17
7313-17,
7314-17,
7315-17,
7342-17,
7343-17,
7344-17
7382-18,
7383-18,
7396-18,
7397-18,
7409-18,
7414-18,
7432-18,
7452-18,
7454-18
7491-19 (LPAT),
7497-19,
7498-19,
7499-19,
7510-19,
7524-19,
7525-19,
7526-19,
7527-19,
7628-19,
7529-19,
7530-19,
7531-19,
7558-19,
7565-19,
7566-19,
7567-19,
7574-19
7603-20 (LPAT),
7613-20 (LPAT),
7628-20,
7630-20,
7642-20,
7643-20,
7644-20,
7653-20,
7684-20,
7685-20,
7693-20,
7694-20
7713-21 (OLT),
7715-21,
7730-21,
7742-21 (OLT),
7745-21,
7775-21,
7786-21
7835-21,
7838-21 (OLT)
7884-22,
7886-22,
7890-22,
7891-22,
7892-22,
7900-22,
7907-22,
7908-22,
7909-22,
7930-22,
7931-22,
7949-22,
7950-22
7958-23,
7959-23,
7989-23,
7994-23,
7998-23,
8006-23,
8024-23,
8030-23,
8038-23
8044-24,
8061-24,
8063-24,
8084-24,
8097-24,
8101-24,
8113-24,
8115-24,
8123-24,
8130-24,
8141-24
8147-25,
8151-25,
8160-25,
8164-24,
8170-25,
8181-25,
8182-25,
8193-25,
8210-25,
8213-25,
Zoning By-Law 1784
Section 1 - 1
Covering that Area Formerly Known as
The Township of Whitby
A By-Law to Regulate the Use of Land and the Character, Location and
Use of Buildings and Structures in the Town of Whitby
The Council and The Corporation of the Town of Whitby enacts as follows:
Section 1
Title
This By-law may be cited as the "Zoning By-Law".
Date of Consolidation: September 2025
This is a consolidation of Zoning By-law 1784, as amended, and is
prepared for convenience purposes only. For accurate reference, the
original by-law and individual amendments should be consulted, as there
may be site specific provisions that apply to certain properties.
Zoning By-Law 1784
TOC-1
TOWN OF WHITBY
RESTRICTED AREA (ZONING) BY-LAW 1784
TABLE OF CONTENTS
SECTION
CONTENTS
ZONE CATEGORY CODES
1
TITLE
2
DEFINITIONS
3
ZONES
4
GENERAL PROVISIONS
4A
PARKING AND LOADING REQUIREMENTS
5
FIRST, SECOND AND THIRD RESIDENTIAL ZONES
R1,R2,R3
5A
BROOKLIN SECONDARY PLAN RESIDENTIAL ZONE
R1-BP,R2-BP,R3-BP
5B
RESIDENTIAL ZONE
R1A*
5C
RESIDENTIAL ZONE
R2A*
5D
RESIDENTIAL ZONE
R2B*
5E
RESIDENTIAL ZONE
R2C*
5F
RESIDENTIAL ZONE
R2D*
5G
RESIDENTIAL ZONE
R2E*
5H
RESIDENTIAL ZONE
R3A*
5I
RESIDENTIAL ZONE
R3B*
5J
RESIDENTIAL ZONE
R3C*
5K
RESIDENTIAL ZONE
R3D*
5L
RESIDENTIAL ZONE
R4A*
5M
RESIDENTIAL ZONE
R4B*
5N
RESIDENTIAL ZONE
R4C*
5O
RESIDENTIAL ZONE
R5A*
5P
COMMERCIAL MIXED USE ZONE
CMU*
5Q
RESIDENTIAL WIDE SHALLOW ZONE
R2A*-WS
5R
RESIDENTIAL WIDE SHALLOW ZONE
R2B-WS
5S
RESIDENTIAL WIDE SHALLOW ZONE
R2C*-WS
5T
RESIDENTIAL WIDE SHALLOW ZONE
R2D*-WS
(6925-14)
(2633-89)
Zoning By-Law 1784
TOC-2
5U
RESIDENTIAL WIDE SHALLOW ZONE
R3A*-WS
6
LOCAL COMMERCIAL ZONE
C1
6A
BROOKLIN SECONDARY PLAN COMMERCIAL ZONE
C2-S-BP
6B
ROSSLAND GARDEN MAIN CENTRAL AREA
SECONDARY PLAN CENTRAL AREA COMMERCIAL ZONE
CAC
6C
BROCK/TAUNTON MAJOR CENTRAL AREA SECONDARY
PLAN CENTRAL AREA COMMERCIAL ZONE
CAC-BT
6D
THICKSON/TAUNTON COMMUNITY CENTRAL AREA
SECONDARY PLAN CENTRAL AREA COMMERCIAL ZONE
CAC-TT
6E
GARDEN/TAUNTON CENTRAL AREA COMMERCIAL
ZONE
CAC-GT
7
HIGHWAY COMMERCIAL ZONE
C2
7A
AUTOMOBILE SERVICE STATION ZONES
AS,AS-CW
7B
GASOLINE BAR ZONES
GB,GB-CW
7C
CAR WASH ZONE
CW
7D
GENERAL PROVISIONS FOR 7A, 7B & 7C ZONES
7E
SPECIAL PURPOSE COMMERCIAL ZONE
C2-S
7F
SPECIAL PURPOSE COMMERCIAL - RETAIL
WAREHOUSE ZONE
C2-S-RW
7G
SPECIAL PURPOSE COMMERCIAL - COMMERCIAL NODE
ZONE
C2-S-CN
7H
CENTRAL COMMERCIAL 3 ZONE
C3
8
RESTRICTED INDUSTRIAL ZONE
M1
8A
PRESTIGE INDUSTRIAL ZONE
M1A
8A1
BROOKLIN SECONDARY PLAN INDUSTRIAL ZONE
M1-BP
Rezoned by By-law Amendment 7884-22
8B
PRESTIGE INDUSTRIAL - BUSINESS PARK ZONE
M1A-LS
8C
PRESTIGE INDUSTRIAL AUTOMOBILE COMPLEX ZONE
M1A-AC
8D
PRESTIGE INDUSTRIAL HEALTH PRECINCT ZONE
M1A-HP
9
OPEN STORAGE INDUSTRIAL ZONE
M2
10
GREENBELT ZONE
G
10A
OPEN SPACE ZONE
OS
10A1
BROOKLIN SECONDARY PLAN DEVELOPMENT ZONE
D
(7884-22)
Zoning By-Law 1784
TOC-3
10B
INSTITUTIONAL ZONE
I*
10C
BROOKLIN SECONDARY PLAN - INSTITUTIONAL ZONE
I-BP
10D
CEMETERY ZONE
CE
11
AGRICULTURAL ZONE
A
11A
AGRICULTURAL SERVICE ZONE
A1
12
EXCEPTIONS
13
VILLAGE OF BROOKLIN CENTRAL CORE AREA
14
WEST WHITBY SECONDARY PLAN AREA
15
BROOKLIN COMMUNITY SECONDARY PLAN AREA
16
ADMINISTRATION
17
VIOLATIONS AND PENALTIES
18
APPROVAL
SCHEDULE 'A' ZONE REQUIREMENTS TABLE
SCHEDULE 'A-1' AMENDMENTS TO ZONING MAPS
SCHEDULE 'B' - ZONE MAPS
(7168-16)
(7168-16)
(7168-16)
(7168-16)
(7168-16)
(7168-16)
(7168-16)
(7959-23)
Zoning By-Law 1784
Section 2 - 1
Section 2
Definitions
In this By-law
"Accessory Apartment"
Repealed by By-law Amendment 8141-24
"Accessory Structure" means any structure the use of which is normally incidental to, and
subordinate to, the use of the main building or to the principal use of the lot on which such accessory
structure is located but does not include a structure used for human habitation, or any occupation for
gain or profit. Such accessory structure shall be separate from the main building.
"Accessory Use" means a use that is normally incidental, subordinate and exclusively devoted to the
principal use, building or structure situated on the same lot.
"Activity Building" means an accessory building or structure in which facilities are provided for the
common and exclusive use of the residents of the dwelling(s) which are located on the same lot on
which the activity building is situate, where the facilities include but are not limited to those for laundry,
mailboxes, meeting or recreational rooms, but shall not include facilities for commercial purposes.
"Additional Dwelling Unit" means a self-contained dwelling unit either located within a permitted
residential dwelling or located within an accessory structure which is secondary to the main residential
building on the same lot.
"Adult Entertainment Establishment" means premises used for entertainment including activities,
facilities, performances, exhibitions, viewings or encounters designed to appeal to erotic or sexual
appetites or inclinations of any person but shall not include a body rub establishment.
"Adverse Effect" means one or more of:
-
impairment of the quality of the natural environment for any use that can be made of it;
-
injury or damage to property or to plant or animal life;
-
harm or material discomfort to any person;
-
an adverse effect on the heath of any person;
-
impairment of the safety of any person;
-
rendering any property or plant or animal life unfit for human use;
-
loss of enjoyment of normal use of property; and,
-
interference with the normal conduct of business.
"Aisle" means an unobstructed and maintained surfaced vehicular way of access from a driveway to a
parking space or loading space in a parking area.
"Animal Shelter" means a lot or building or part thereof used for the care and adoption of abandoned,
abused, or neglected animals including any outdoor amenity areas.
"Apartment Building" means a building that contains four or more dwelling units that share a common
external access to the outside through a common vestibule and a common corridor system.
"Apartment Building, Seniors" means an apartment building where each dwelling unit is occupied by
at least one person who is 60 years of age or older.
"Assembly Hall" means a building or part of a building in which facilities are provided for such
purposes as meetings for civic, educational, political, religious, or social purposes and shall include a
banquet hall or private club.
"Audio/Visual Centre" means a building or part of a building with a minimum gross floor area of 450
m2 (4800 ft2), wherein electronic equipment, components and parts and accessories are displayed and
kept for sale or rent and may include the servicing of the same.
(1308-82)
(6312-10)
(5993-07)
(6776-13)
(3337-93)
(6776-13)
(6776-13)
(6925-14)
(6191-09)
(6925-14)
(6925-14)
(6374-10)
(3335-93)
(8141-24)
(8141-24)
Zoning By-Law 1784
Section 2 - 2
"Automobile Dealership Complex" shall be composed of a minimum of two (2) building sites on a lot
for the development and use of new automobile sales dealerships. Each dealership shall have a
minimum lot area of 0.8 hectares and/or two (2) contiguous lots served by a common internal roadway
and where each lot has a minimum lot area of 0.8 hectares.
"Automobile Parts Store" means a building or part of a building wherein motor vehicle parts and
accessories and related service equipment are kept for sale at retail and/or wholesale.
"Automobile Sales Establishment" means a lot, a building or part of a building where new and/or
used motor vehicles are kept for display and sale and may include as an accessory use the repair and
service of motor vehicles and/or the sale of vehicle parts.
"Balcony" means an unenclosed platform, either covered or uncovered, attached to a structure or
building, cantilevered or supported by columns or brackets, that is load bearing and used for pedestrian
passage, seating or recreation.
"Bakeshop" means a building, or structure, or portion thereof wherein baked goods are manufactured
and sold on a retail basis to the general public for consumption off the premises.
"Bakeshop or Confectionary Shop" means a building or part of a building where baking goods or
confectionary products are prepared and sold on the premises, but which does not include a
manufacturing plant.
"Banquet Hall" means a building or part of a building used for the purpose of catering to banquets,
receptions, weddings or similar functions for which food and beverages are prepared and served.
"Basement" means any storey below the first storey.
"Bed and Breakfast Establishment" means a dwelling unit occupied as the principal residence of a
person or persons in which a maximum of three guest rooms are available for temporary
accommodation for the travelling public, and in which meals may be served to those persons, but shall
not include a boarding or lodging house or a home based business.
"Boat & Recreational Vehicle Sales Establishment" means a building or part of a building wherein
boats, motors and recreational vehicles are displayed and kept for sale at retail or wholesale and may
include the sales of marine and trailer parts and accessories and may include the servicing of boats,
motors, recreational vehicles and accessory parts. The outside storage of boats and recreational
vehicles shall be permitted in the rear yard only, being to the rear of the main building.
"Body Rub Establishment" means any premises where the kneading, manipulating, rubbing,
massaging, touching, or stimulation, by any means, of a person's body or part thereof is performed,
offered or solicited but shall not include:
-
medical or therapeutic treatment given by a person duly qualified, licensed or registered to do so
under the laws of the Province of Ontario; and,
-
alternative health care services, such as shiatsu and reflexology, given by a person duly qualified to
provide such services through completion of formal courses and education and training in the
provision of such service offered by an organization or institution that has the qualifications to
provide such services.
"Building" means a structure occupying an area greater than 10 m2 consisting of any combination of
walls, roof and floor or a structural system serving the function thereof, including all associated works,
fixtures and service systems used for shelter, accommodation, or enclosure of persons, animals, goods
or equipment.
"Building, Main" means the building or buildings located on a lot in which is conducted the principal
use of the lot.
(5936-07)
(3335-93)
(6776-13)
(4469-99)
(4539-00)
(4002-97)
(6374-10)
(6925-14)
(6776-13)
(3335-93)
(6776-13)
(6776-13)
(6925-14)
Zoning By-Law 1784
Section 2 - 3
"Canopy" means an unenclosed structure designed and located in a manner so as to provide shelter
and protection over a pump island or group of pump islands.
"Carport" means a roofed building or structure attached to a main building used for the parking of one
or more private vehicles of the occupants of the building and which has one or more walls common with
the main building and which has at least one open wall.
"Catalogue Store" means a building or part of a building with a minimum gross floor area of 450 m2,
where orders are accepted for the purchase of goods and wares listed in a catalogue provided by the
establishment and in which some or all of the goods so listed may also be available within the
establishment for sale.
"Catering Service Establishment" means a building or part of a building where food and beverages
are prepared for consumption off the premises and are not served to customers on the premises or for
immediate take-out consumption, but shall not include an eating establishment.
"Cellar" means a basement as defined herein.
"Cemetery" means land set apart or used for the interment of the dead or in which human bodies have
been buried, including a prayer garden;
"Cemetery Maintenance Building" means a building or part of a building used for the shelter, storage,
care, repair or equipping of vehicles, machinery and equipment used in the operation of a cemetery;
"Cemetery Office" means a building or part of a building in which one or more persons are employed
in the administrative direction or management of a cemetery and related uses;
"Chapel" means a building or part of a building used for services, introspection, reflection or worship;
Repealed and Replaced by By-law 6776-13
"Clinic" means a building or part of a building in which two or more medical practitioners, dentists or
drugless practitioners provide consultation, diagnosis, and/or treatment of patients, and includes joint
usage of facilities such as accessory offices, waiting rooms, treatment rooms, laboratories, pharmacies
or other similar functions, but shall not include accommodation for in-patient care or facilities for surgical
procedures which require hospitalization according to criteria approved by the College of Physicians
and Surgeons.
"Columbarium" means a structure designed for the purpose of storing the ashes of human remains
that have been cremated, in sealed compartments;
"Common Wall" means a wall above the finished grade level of which 50% or more of its length or
height is constructed for the purposes of separating two or more dwelling units within a building
including a vertical extension thereof.
"Community Centre" means a building or part of a building generally operated by or on behalf of a
public authority in which facilities are provided for community activities including but not limited to arts,
crafts, charitable, educational, recreational and social activities.
"Conservation Area" means land owned, operated and/or managed by the local Conservation
Authority for the purposes of promoting conservation, restoration, development and management of
natural resources, recreation and education.
"Contracting Equipment" means machinery used for building and development.
"Contractor's Yard" means any portion of a lot used for the storing of equipment and materials used in
the construction and/or restoration industries and may include a premises where a contractor performs
shop or assembly work.
(690-79)
(6925-14)
(3335-93)
(6776-13)
(6925-14)
(5141-02)
(5141-02)
(5141-02)
(6776-13)
(5141-02)
(4539-00)
(6776-13)
(5141-02)
(6925-14)
(1296-81)
(4539-00)
(6925-14)
(6203-09)
(4029-97)
(6776-13)
Zoning By-Law 1784
Section 2 - 4
"Convenience Retail Store" means a building or part of a building wherein food, drugs, periodicals,
magazines and similar items, including household items, required for day to day use by the residents of
or persons employed in the immediate neighbourhood which are kept for sale at retail.
"Coverage, Lot" means that percentage of the lot area covered by the area of all buildings including
accessory buildings.
"Crematorium" means a building used for the purposes of the cremation of human remains and
includes everything incidental or ancillary thereto.
"Day Nursery" means a "day nursery" as defined by the Day Nurseries Act as amended or replaced.
"Deck" means an uncovered and unenclosed platform, whether attached to another structure or
building, or not attached to another structure or building, that is load bearing and used for pedestrian
passage, seating or recreation.
"Department Store" means a retail establishment containing a minimum gross floor area of 5000 m2
organized into a number of individual departments and primarily engaged in the sale to the public of a
wide variety of commodities, including clothing, hardware, home furnishings and household appliances.
"Driveway" means an unobstructed and maintained surfaced vehicular way of access from a public
street to facilities such as a parking area, parking space, aisle, loading area, private garage, carport,
parking structure, building or structure.
"Dry Cleaner's Distribution Station" means a building used for the purpose of receiving articles or
goods of fabric to be subjected to the process of dry cleaning, dry dyeing or cleaning elsewhere and for
the pressing and distribution of any such articles or goods which have been subjected to any such
process.
"Dry Cleaning Establishment" means a building where dry cleaning, dry dyeing, cleaning or pressing
of articles or goods of fabric is carried on and (1) in which only non-inflammable solvents are or can be
used which emit no odours or fumes and (2) in which no noise or vibration causes a nuisance or
inconvenience within or without the premises.
"Dry Cleaning Establishment" means a building or part of a building, where dry cleaning, dying,
cleaning, or pressing of articles of clothing and fabrics is carried on.
"Dwelling" means a building, occupied or capable of being occupied a home, residence, or sleeping
place by one or more persons, containing one or more dwelling units.
"Dwelling, Back to Back Townhouse" means a building containing a minimum of 6 and a maximum
of 16 dwelling units that are divided vertically by common walls, including a common rear wall, and each
dwelling unit has an independent entrance from the outside.
"Dwelling, Block Townhouse" means a building containing a minimum of three and a maximum of
eight dwelling units, wherein each dwelling unit is separated from the adjacent dwelling unit by a
common wall, and each dwelling unit has its own entrance from the outside and a private garage,
carport, or parking space and sharing common vehicular access to a public street by a driveway, but
shall not include a street townhouse dwelling.
"Dwelling, Common Wall Semi-Detached" means a building on a lot or lots, divided by a common
wall to contain two dwelling units, each unit having its own entrance from the outside.
"Dwelling, Converted" means a building located on a lot which was originally designed to provide one
or more dwelling units, which is converted within the outside walls of the original building so as to
provide therein additional dwelling units.
"Dwelling, Fourplex" means a building, other than a converted dwelling or an apartment building
containing four dwelling units where each unit has two vertical common walls and a private entrance
from the outside.
(1821-85)
(1833-85)
(3337-93)
(6925-14)
(4208-98)
(1889)
(6925-14)
(5141-02)
(4539-00)
(4469-99)
4539-00
(6925-14)
(1741-84)
(1741-84)
(6925-14)
(6776-13)
(6925-14)
(7930-22)
Zoning By-Law 1784
Section 2 - 5
"Dwelling Link" means one of a group of not more than seven and not less than three dwelling units,
each dwelling having a frontage on a street, and each dwelling attached to the adjacent dwelling by a
common or connecting wall and with each dwelling unit having its own entrance from the outside,
driveway from the street, and a private garage, carport, or parking area.
"Dwelling, Low Density Cluster" means a building or group of buildings on a lot, each group
containing a minimum of one and a maximum of four attached dwelling units, and with each dwelling
unit having its own entrance from the outside and a driveway, private garage, carport, or parking area
and sharing common vehicular access to a public street by an internal roadway.
"Dwelling, Semi-Detached" means a building on a lot or lots, divided by a common wall or a
connecting wall to contain two dwelling units, each unit having its own entrance from the outside.
"Dwelling, Semi-Detached Duplex" means one of a pair of two attached duplex dwelling houses with
a common party wall dividing the pair of duplex dwelling houses vertically.
"Dwelling, Single Detached" means a separate building containing only one dwelling unit.
"Dwelling, Split Level" means a dwelling in which the first floor above finished grade is so constructed
as to create two or more different levels, the vertical distance between such levels being always less
than the full storey. For the purpose of this By-law a split level dwelling shall be considered as a one
storey dwelling.
"Dwelling, Stacked" means a building other than a converted dwelling, located on a lot or lots
containing more than four dwelling units, each of which has a vertical and a horizontal common wall and
a private entrance from outside.
"Dwelling, Street Townhouse" means a building containing a minimum of three and a maximum of
eight dwelling units, wherein each dwelling unit shall be on a separate freehold lot with frontage on a
public street, and each dwelling unit is separated from the adjacent dwelling unit by a common wall, and
each dwelling unit has its own entrance from the outside, a driveway from the street, and a private
garage, carport, or parking space.
"Dwelling, Street Townhouse Bungalow" means a building that is limited to a maximum building
height of one (1) storey or one and one half (1 ½) storeys, located on a lot or lots containing a minimum
of three and a maximum of eight dwelling units, each dwelling unit having a frontage on a street, and
each dwelling separated from the adjacent dwelling unit by a common wall, and with each dwelling unit
having its own entrance from the outside, driveway from the street, and a private garage, carport, or
parking area.
"Dwelling Unit" means a room or a suite of two or more rooms, designed or intended for use by a
person or persons, in which sanitary conveniences are provided and in which facilities are provided for
cooking or the installation of cooking equipment.
Dwelling Unit, Back to Back Townhouse means a dwelling unit in a back to back townhouse dwelling.
"Eating Establishment" means a building or part of a building where food and refreshments are
prepared and offered for sale to the public primarily for immediate consumption at tables on the
premises and which may include, as an incidental activity, a take out service where food is prepared for
consumption off the premises.
"Eating Establishment, Take Out" means a building or part of a building where food and refreshments
are prepared and offered for sale to the public in a ready to consume state in disposable containers
primarily for consumption off the premises.
"Equipment Sales and Rental - Light" means a building or part of a building in which light machinery
and equipment such as air compressors and related tools and accessories; augers; automotive tools;
cleaning equipment; light compaction equipment; concrete and masonry equipment; electric tools and
accessories; fastening devices such as staplers and tackers; floor and carpet tools; gasoline generators;
jacks and hydraulic equipment; lawn and garden tools; ladders; moving equipment; painting and
decorating equipment; pipe tools and accessories; plumbing tools and accessories; pumps; hoses;
scaffolding; welding equipment; and other similar tools and appurtenances; are offered or kept for sale,
rent, lease or hire but shall not include the sale or rental of heavy machinery and/or equipment.
(3407-93)
(4622-00)
(3337-93)
(4151-98)
(3337-93)
(6776-13)
(5026-02)
(3337-93)
(6925-14)
(5634-05)
(4539-00)
(6776-13)
(1296-81)
(1053-80)
(6776-13)
(1053-80)
(1079-80)
(7930-22)
Zoning By-Law 1784
Section 2 - 6
"Escort Service" means a business which provides the services of individuals who will accompany
another individual to an event, function or social activity whether or not such event, function or social
activity is private or designed for public attendance.
"Farm Implement Dealer" means a building or part of a building wherein the repair or sale of
agricultural implements and ancillary farming products is conducted.
"Farm Produce Outlet"
Repealed by By-law Amendment 1077-80
"Financial Institution" means a building or part of a building, which is used for financial transactions
including the borrowing, depositing, and exchanging of currency or credit, and may include for example
a bank, trust company, credit union, and similar establishments.
"Finished Grade Level" means the mean elevation of the finished surface of the ground abutting the
external wall of the main building or structure nearest to the public street, but shall not include any
embankment in lieu of steps.
"First Storey" means the storey with its floor closest to grade and having its ceiling more than 1.8 m.
above grade.
"Flood Plain" means the horizontal area bordering a river, stream or water course, which is subject to
flooding and the limits of such flood plain.
"Floor Space Index" means the ratio of the gross floor area of the building located above grade
(excluding parking facilities) to the total lot area.
"Food Store" means a retail store devoted to the sale of fresh, frozen, prepared or pre-packaged food
or food stuffs.
"Fraternal Organization" means a building or structure, or portion thereof, used as a place of
assembly for an organization which shall include a police club, a lodge, a service club or a labour union.
"Frontage, Lot" means a horizontal distance between the side lot lines. Where such lot lines are not
parallel the lot frontage shall be the distance between the side lot lines measured on a line parallel to
the front lot line and 7.5 m. distant there from.
"Funeral Establishment" means a building or part of a building used for the preparation of dead
human remains for burial or cremation and may include for example related facilities such as a chapel,
crematorium, meeting rooms, offices, viewing rooms and an area where funeral services and supplies
are offered for sale.
"Garden Suite" means a one-unit detached residential structure containing bathroom and kitchen
facilities that is ancillary to an existing residential structure and that is designed to be portable.
"Gas Bar" means a building or structure or a group of buildings or structures designed and located in a
manner so as to facilitate the dispensing of motor vehicle fuel and other related products within a kiosk,
including confectionary items, sundry foods, prepared packaged foods, soft drinks, and a single banking
machine or automated teller provided the sale of these items is accessory to the operation of the gas
bar. A gas bar shall not include facilities for the preparation of food, service bays or other facilities for
the repairing of automobiles or the changing of oil or the greasing of motor vehicles.
"Golf Course" means an area of land operated for the purpose of playing golf and may include outdoor
recreational uses such as a golf driving range, clubhouse with uses such as assembly hall, banquet
hall, eating establishment, fitness centre, premises for the sale of golf equipment and other buildings
and structures devoted to the maintenance and operation of the golf course.
"Golf Driving Range" means an open air facility where the sport of golf is practiced from individual
tees and which may include accessory structures and facilities such as a kiosk for golf ball and golf club
rentals, a putting green, a chipping practice area and a one storey structure from which the golfers tee
off.
(6776-13)
(3335-93)
(1053-80)
(4539-00)
(6925-14)
(6925-14)
(4469-99)
(3337-93)
(4539-00)
(4008-97)
(6925-14)
(6561-11)
(2951-91)
(7745-21)
(7745-21)
Zoning By-Law 1784
Section 2 - 7
"Gross Floor Area" (G.F.A.) means the total area of all floors in a building, measured from the outside
faces of the exterior walls, but exclusive of any part of the building which is used for the following:
-
storage or parking of motor vehicles;
-
storage lockers provided for a dwelling unit;
-
mechanical or electrical equipment rooms providing service to the entire building;
-
common areas, such as public washrooms, stairways and corridors, which serve two or more uses;
-
a basement or cellar within a single-detached, semi-detached, link, block townhouse or street
townhouse dwelling;
-
any portion of a basement or cellar used for laundry facilities, children's play area or other
accessory uses but not including living quarters for a caretaker, watchman or supervisor of the
building or structure.
"Gross Leasable Area" (G.L.A.) means the total area of all floors in a building or part of a building
designed for tenant occupancy and the tenant's exclusive use including basement, cellars, mezzanines,
and integral storage areas, measured from the centre line of joint partitions and from the outside faces
of the exterior walls, but exclusive of any part of the building used for public or common areas such as
the following:
-
Corridors, hallways, lobbies.
-
Elevators, stairways.
-
Machine or equipment rooms.
-
Public washrooms.
-
Storage or parking of motor vehicles.
"Ground Floor Area" means the maximum area measured to the outside walls, excluding, in the case
of a dwelling, any private garage, porch, verandah or sun room unless such sun room is habitable at all
seasons.
"Group Home" means a dwelling unit operated as a single housekeeping unit accommodating or
having the facilities to accommodate up to ten persons (exclusive of staff) who live under responsible
supervision consistent with the requirements of its residents, and the group home is either licensed
and/or approved under Provincial or Federal Statute. Any counselling or support services provided in
the group home shall be limited to those required by the residents. A group home shall not include a
crisis residence, a boarding or lodging house, a long term care facility, or a retirement home.
"Guest Suite" means a room or a suite of two or more rooms, designed or intended for use by a
person or persons, in which sanitary conveniences are provided but does not include facilities for
cooking or the installation of cooking equipment.
"Habitable Room" means a room designed for living, sleeping, eating or food preparation including
rooms such as a living room, family room, recreation room, bedroom, dining room, kitchen, and
enclosed sunroom.
"Height, Apartment Building, Long Term Care Facility or Retirement Home" means the vertical
distance between the average elevation of the finished surface of the ground at the front of the building
and, in the case of a flat roof, the highest point of the roof structure or the parapet, whichever is the
greater, in the case of a mansard roof, the deck roof line, and, in the case of a gable, hip or gambrel
roof, the mean heights between the eaves and ridge, exclusive of any accessory roof construction such
as chimney, tower, steeple, or television antenna. Notwithstanding the above, a parapet, elevator
penthouse or other mechanical equipment shall not be included in the calculation of height.
"Height, Building" means the vertical distance between the average elevation of the finished surface
of the ground at the front of the building and, in the case of a flat roof, the highest point of the roof
surface or the parapet, whichever is the greater, in the case of a mansard roof, the deck roof line, and in
the case of a gable, hip or gambrel roof, the mean heights between the eaves and ridge exclusive of
any accessory roof construction such as a chimney, tower, steeple, or television antenna.
"Home Based Business" means an activity conducted as a business from within a dwelling unit which
is secondary to the use of the dwelling unit as the principal residence of the business operator.
(6776-13)
(1296-81)
(6925-14)
(3628-95)
(3344-93)
(4539-00)
(6925-14)
(4539-00)
(6925-14)
(6776-13)
Zoning By-Law 1784
Section 2 - 8
"Home Improvement Centre" means a building or part of a building wherein building materials,
hardware or accessories including lumber are displayed or offered for sale or rent.
"Home Supply Centre" means a building or part of a building wherein furniture and appliances and/or
carpets and drapes and/or wall coverings and paints are displayed and kept for retail sale and may
include the wholesale, rental and servicing of such goods.
"Hospital, Private" means a private hospital as defined by "The Private Hospitals Act, R.S.O. 1950,
Chap. 289".
"Hospital, Public" means an institution as defined by "The Public Hospitals Act, R.S.O. 1950, Chap.
307".
"Hotel" means a building or structure or portion thereof or two or more connected or detached
buildings, in which rooms are provided for rent as places of abode on a temporary or transient basis,
and may contain a restaurant, convention centre, meeting rooms, or public halls, and may include, as
an accessory use retail facilities provided for the convenience of hotel patrons, but shall not include an
apartment dwelling, bed and breakfast establishment, boarding or lodging house, retirement home, or
crisis residence.
"Internal Roadway" means a private thoroughfare over private property which provides vehicular and
pedestrian access from the street to the parking areas and spaces within the residential property on
which it is located.
"Kennel" means a commercial establishment for the non-medical care and grooming, keeping,
breeding or raising of animals kept as pets, and may include the operation of a pet daycare if operated
from the same premises as the kennel, but shall not include a veterinary clinic.
"Kiosk" means a building or structure having a gross floor area not exceeding 75 m2 and used for the
housing of recording and supervisory equipment related to the operation of a gas bar, for the storing of
products kept for sale related to a gas bar and for providing washroom facilities to be used in
conjunction with a gas bar. A maximum of 18.5 m2 of the gross floor area m2 of the kiosk may be
devoted to the sale of convenience items.
"Landscaped Open Space" means open unobstructed space on a lot which is suitable for the growth
and maintenance of grass, flowers, bushes and other landscaping and, notwithstanding the foregoing,
includes any surfaced walk or patio, but does not include any driveway, ramp or motor vehicle parking
area, whether surfaced or not.
"Laundromat" means a building or part of a building where machines and facilities for wet laundering
and drying are available to the public at a charge for the purpose of laundry cleaning.
"Laundry" means a building or part of a building where clothing is washed, cleaned or pressed on a
commercial basis, and shall include a dry cleaning plant or depot, but excluding a launderette, coin-
operated laundry or Laundromat where facilities are provided for the cleaning of clothing on a self-
service basis.
"Laundry Shop" means a building in which the business of a laundry is conducted on the ground floor
by means of one or more washers, having a capacity not exceeding 30 kilograms each, and drying,
ironing, finishing and incidental equipment (1) in which only water and detergents are or can be used,
(2) which emit no odour or fumes, noise or vibration causing nuisance or inconvenience within or
without the premises; and which includes a business where only washing or ironing is done, a self-
service laundry and a laundry receiving depot.
"Loading Space" means an unobstructed and maintained surface area, exclusive of aisles or
driveways, used for the loading or unloading of goods or commodities from a vehicle.
(1053-80)
(1079-80)
(1053-80)
(1079-80)
(3335-93)
(3337-93)
(6776-13)
(690-78)
(2951-91)
(1079-80)
(6925-14)
(1296-81)
(1741-84)
(6925-14)
Zoning By-Law 1784
Section 2 - 9
"Long Term Care Home" means a building or part of a building licensed pursuant to Provincial
Legislation containing residential accommodation where a broad range of 24-hour personal care,
support and health services are provided for persons requiring these services in a supervised setting
and may include for example common facilities such as dining, kitchen, lounge, and recreational
facilities and may also include accessory uses such as a medical office, personal service establishment
and retail store, for the residents.
"Lot" means a parcel or contiguous parcels of land in one ownership which is capable of being legally
conveyed in accordance with the Planning Act or is described in accordance with a registered Plan of
Condominium.
"Lot Area" means the horizontal area within the boundary lines of a lot.
"Lot, Corner" means a lot situated at the intersection of and abutting upon two or more streets,
provided that the angle of intersection of such streets is not more than 135 degrees.
"Lot Depth" means the horizontal distance between the front and rear lot lines. Where these lines are
not parallel, it shall be the length of a line joining the mid points of the front and rear lot lines.
"Lot, Interior" means a lot other than a corner lot.
"Lot Line, Front" means the line that divides the lot from the street, provided that in the case of a
corner lot, the shorter lot line that so abuts the street is deemed to be the front line of the lot, and the
longer line that so abuts the street is termed a side line of the lot.
"Lot Line, Rear" means the lot line opposite the front lot line.
"Lot Line, Side" means any lot lines other than the front lot line and the rear lot line.
"Lot, Through" means a lot other than a corner lot having a lot line on two streets or a lot line on two
portions of same street.
"Major Electrical Supply Centre" means a building or part of a building wherein major appliances,
electrical supplies and/or fixtures are kept for sale, including wholesale and servicing.
"Manufacturing Floor Area" means that portion of the gross floor area of an establishment which is
used for manufacturing purposes and office purposes but does not include areas used for storage.
"Mausoleum" means a building or part of a building used as a place for the interment of human
remains in sealed crypts or compartments.
"Merchandise Distribution Centre" means a building or part of a building wherein various types of
merchandise are displayed and kept for sale at retail or wholesale.
"Mobile Home" means a vehicle other than a motor vehicle, that is designed and used as a residence
or working accommodation unit and exceeds 2.6 m in width and 11 m in length.
"Model Home" means a new uninhabited dwelling unit constructed to the requirements and the
provisions of the zone category in which the lot upon which the model home is situated or as specified
by by-law and are used only for the purposes of displaying the architectural design, materials and
interior design or decorating of homes, the layout and features of a draft approved or registered plan of
subdivision or condominium, and for the purpose of selling homes to the general public. The items
displayed and homes offered for sale shall be restricted to those in the draft approved or registered plan
of subdivision or condominium in which the model home is located.
"Motel" means a hotel as defined herein.
"Motor Vehicle Paint and Body Shop" means a building or part of a building where motor vehicles are
customized, painted and/or repaired.
(6925-14)
(6776-13)
(6925-14)
(1079-80)
(2998-91)
(5141-02)
(1833-85)
(6925-14)
(3530-94)
(3335-93)
(1053-80)
(1079-80)
Zoning By-Law 1784
Section 2 - 10
"Motor Vehicle Rental" means a building or part of a building wherein motor vehicles are kept for rent
or hire but does not include a taxi establishment or the sale of motor vehicles.
"Museum" means a building or part of a building and land associated therewith used for the storing,
preservation and exhibition of works of art, thematic items, antiques and objects of history and science,
together with any libraries, reading rooms, laboratories or other offices and premises used in connection
therewith.
"Music or Dance Studio" means a building or part of a building used for the instruction of music or
dancing which may include as an accessory use the retail sale of related goods and wares.
"New Automobile Sales Dealership" means premises used by a business establishment for the sale
or lease of new vehicles displayed or stored on site, or any combination of these.
"Non-Complying" means a building, structure or lot that does not comply with the regulations [zone
provisions] of this By-law.
"Non-Conforming" means a use that is not a permitted use in the Zone in which the said use is
situated.
"Obnoxious" means when used to describe a use, any use which is offensive and becomes a
nuisance by reason of the emission of odour, smoke, dust, noise, fumes, vibration, glare or refuse
matter.
"Office" means a building or part of a building used for the practice of a profession and/or
administration of business including that of a governmental agency.
"Official Sign" means the sign referred to and illustrated in Section 11 of the Ontario Regulation 581,
R.R.O. 1990, as may be amended from time to time and any successor regulations in substitution
thereof.
"Outside Storage" means the storage or keeping of goods, inventory, materials, machinery or
equipment outside of any building or structure.
"Parcel of Tied Land" means any parcel of land legally bound and tied to a common element
condominium where such Parcel of Tied Land must front on either a public street or a condominium
common element roadway and shall, subject to the regulations of this by-law that relate strictly to
Parcels of Tied Land, be regarded as a type of lot.
"Parking Area" means an open area of land not located on a public street, that is used for the parking
of four or more motor vehicles, but shall not include any area where motor vehicles for sale or repair are
kept or stored and shall not include a driveway that provides access to a ground oriented residential
dwelling unit.
"Parking Lot" means a parking area or parking structure where motor vehicles are parked on a
temporary basis where a fee may or may not be paid.
"Parking Space" means an unobstructed and maintained surfaced area, exclusive of aisles or
driveways used for the parking or storing of one motor vehicle and includes an area within a private
garage or carport but does not include an area used for the display or offering for sale of vehicles.
"Parking Space, Accessible" means a parking space marked by a sign and pavement markings
indicating that such space is to be for the sole use of a vehicle displaying a permit in accordance with
the requirements of the Highway Traffic Act.
"Parking Space, Tandem" means two parking spaces one behind the other which are accessed by the
same driveway or aisle.
(1053-80)
(1079-80)
(6776-13)
(6374-10)
(4002-97)
(5936-07)
(6925-14)
(6925-14)
(6776-13)
(4539-00)
(6776-13)
(4981-02)
(6925-14)
(6925-14)
(6925-14)
(1296-81)
(6925-14)
(6925-14)
(6925-14)
(4981-02)
(7642-20)
Zoning By-Law 1784
Section 2 - 11
"Parking Structure" means a building or part of a building whether above or below grade which is
used for parking or storing of motor vehicles but shall not include a private garage.
"Patio" means an uncovered and unenclosed platform, with a floor not more than 0.6 m. above the
finished grade, whether attached to another structure or building, or not attached to another structure or
building, that is load bearing and used for pedestrian passage, seating or recreation.
"Permit" means a Disabled Person Parking Permit issued under Section 26 of the Highway Traffic Act
or a valid permit, number plate or other marker or devise, bearing the international symbol of access for
the disabled, issued by another jurisdiction and recognized under the Highway Traffic Act.
"Person" means any individual, association, firm, partnership or incorporated company.
"Personal Service Establishment" means a building or part of a building in which persons are
employed in furnishing services and otherwise administering to the individual and their personal needs
and may include for example the establishment of a barber, dressmaker, esthetician, hair stylist,
registered massage therapist and tailor but shall not include a body rub establishment.
"Pet Daycare" means a building or part of a building which offers care for pets as a component of and
operated from the same premises as a kennel, but excludes overnight boarding.
"Pet Grooming" means a building or part of a building where domestic animals are groomed and may
include accessory retail of grooming products, but shall not include the breeding of animals, a kennel or
the boarding of animals, or a veterinary clinic.
"Place of Entertainment" means a building or part of a building for one or more of the following uses,
namely a motion picture or other theatre, arena auditorium, public hall, bingo hall, billiard or pool room,
bowling club, wherein all such uses are contained within a fully enclosed structure; but does not include
any place of entertainment or amusement otherwise defined or classified herein.
"Place of Worship" means a building or part of a building use by any religious organization for
religious worship services, or rites and may include for example facilities such as administrative offices,
a rectory or manse, public hall or auditorium, rooms for meetings or classes for religious instruction but
shall not include a day nursery or private school.
"Places of Entertainment and Assembly" means one or more of the following uses, namely, a motion
picture theatre, concert hall, dance hall, billiard or pool room, bowling alley, gymnasium, health club or
community hall.
"Plumbing Supply Centre" means a building or part of a building wherein a plumbing supplies
including water treatment equipment, plumbing fixtures and accessories are kept and offered for sale
including wholesale and servicing.
"Pool Supply Centre" means a building or part of a building wherein pools, pool supplies and fixtures
including lawn furniture are displayed and kept for sale.
"Porch" means a covered and unenclosed platform, whether attached to another structure or building,
or not attached to another structure or building, that is load bearing and used for pedestrian passage,
seating or recreation.
"Premises" means the area of a building and/or lot occupied or used by a business, enterprise or
persons and in a multiple tenancy building occupied by more than one business, enterprise or persons,
each business or enterprise shall be considered a separate premise.
"Principal Use" means the primary purpose for which a lot, building or structure is used or is designed
to be used.
"Private Amenity Space" means a space within a building or outside of a building which provides an
active and/or passive recreation area for the exclusive use of the occupant of the dwelling unit for which
it is intended to apply.
(6925-14)
(4469-99)
(4981-02)
(6776-13)
(6776-13)
(4002-97)
(3335-93)
(3525-94)
(6925-14)
(1077-80)
(2371-88)
(2985-91)
(4469-99)
(6776-13)
(6925-14)
(3337-93)
(1741-84)
Zoning By-Law 1784
Section 2 - 12
"Private Garage" means a detached accessory building or portion of a dwelling house which is
designed or used for the sheltering of private motor vehicles and storage of household equipment
incidental to the residential occupancy and which is fully enclosed and not open but excludes a carport
or other open shelter.
"Public Agency" means the Government of Canada, the Government of Ontario, the Corporation of
the Regional Municipality of Durham or a local board thereof, The Corporation of the Town of Whitby or
a local board thereof, any public or separate School Board recognized under the Education Act, as
amended or replaced, any company providing a public utility or any railway company authorized by the
Railway Act.
"Public Garage" means a building or part of a building in which motor vehicles are repaired,
maintained, serviced, or equipped and where motor vehicle grease and other related products, except
motor vehicle fuel, are sold or kept for sale but does not include a car wash, an automobile sales
establishment or a motor vehicle paint and body shop.
"Recreational Club Or Facility" means a building or part of a building wherein recreational facilities
are provided and shall include a private club.
"Recreational Vehicle Sales And Service Establishment" means a building or part of a building
wherein recreational vehicles, including hard and soft wall trailers and recreational motor vehicles, are
displayed and kept for sale at retail or wholesale and may include the sale of recreational vehicle parts
and accessories and the servicing of the same. The outside storage of recreational vehicles shall be
permitted subject to the zone provisions contained herein.
"Redevelopment" means the removal of buildings or structures on land and the construction or
erection of other buildings or structures thereon.
"Religious Organization" means a corporation or an association of persons that is charitable
according to the laws of Ontario organized for the advancement of religion through the conduct of
religious worship, services, ceremonies or rites, including its charitable purposes.
"Residential Sales Office" means a fully enclosed, permanently affixed or portable building or
structure, used only for the purposes of displaying the architectural design, materials and interior design
or decorating of homes, the layout and features of a draft approved or registered plan of subdivision or
condominium including zoning information, and for the purpose of selling new homes to the general
public. The items displayed and homes offered for sale shall be restricted to those in the draft approved
or registered plan of subdivision or condominium in which the sales office is located.
"Retail Nursery" means a building or part of a building in which nursery plants and shrubs, fertilizer
and other gardening accessory supplies are kept and offered for retail sale, and shall also include a
structure in the nature of an enclosed area for the display of nursery plants and shrubs but shall not
include anything in the nature of a greenhouse or a garden for the purpose of growing any such plants
and shrubs.
"Retail Sporting Goods Centre" means a building or part of a building wherein sporting goods,
equipment and accessories for all types of sports are kept for sale at retail/wholesale and may include
the repair of such items.
"Retail Store" means premises where goods or commodities are stored, offered or kept for sale at
retail or on a rental basis to the public and includes storage on or about the premises of limited
quantities of goods or commodities sufficient only to service the store.
"Retail Warehouse Facility" means a building or part of a building occupied by a single user that is of
substantial size that would not generally locate in a traditional commercial area. The principle use of
the retail facility is for the sale of products not including food products, that are displayed and stored in
one and the same area that is visible to the public. Minimum single user unit sizes are established in
the provisions of the By-law.
(6700-13)
(6925-14)
(690-78)
(1053-80)
(1077-80)
(1079-80)
(1642-84)
(2256-87)
(98-74)
(6925-14)
(3528-94)
(1053-80)
(1077-80)
(1079-80)
(1642-84)
(6776-13)
(3628-95)
Zoning By-Law 1784
Section 2 - 13
"Retail Warehouse Facility with Food Sales" means a building or part of a building occupied by a
single user that is of substantial size that would not generally locate in a traditional commercial area.
The principle use of the retail facility with food sales is for the sale of products that are displayed and
stored in one and the same area that is visible to the public. Minimum single user unit size and
maximum floor space devoted to the sale of food products are established in the zoning by-law.
"Retail Warehouse Outlet" means a building or part of a building that is used for the storage of new
goods, wares or other merchandise, exclusive of groceries, packaged food stuffs or food products that
are stored for the purpose of retail sale within the premises, and where the area that is accessible to the
general public in combination with the retail sales and the display area does not exceed 50 percent of
the total floor area of the premise. For the purpose of this definition a beer or liquor store and a
catalogue sales outlet shall be considered as permitted uses.
"Retail/Wholesale Automobile Parts Store" means a building or part of a building wherein motor
vehicle parts and accessories and related service equipment are kept for sale at retail and/or wholesale.
"Retirement Home" means a building or part of a building, containing dwelling units where common
facilities are provided for the preparation and consumption of food and where housekeeping services
and on-site medical services are provided as required and may also contain for example common
facilities such as recreation rooms and lounges and accessory uses such as a personal service
establishment and retail store for the residents.
"Riding Stables" means lands or buildings used for the purpose of keeping, training and exercising of
saddle horses including the use of such establishment as a commercial or private club for the riding of
saddle horses, but shall not include anything in the nature of a commercial racetrack, nor the keeping,
exercising or training of race horses.
"Salvage Yard" means premises used as a junk yard, scrap metal yard or a vehicle wrecking yard, and
which may include storing, dismantling, crushing or demolishing of vehicles or equipment or parts
thereof and/or their resale.
"Sanitary Sewers" means a system of underground conduits which carries sewage to a place of
treatment which meets with the approval of the Ontario Water Resources Commission.
"Satellite Dish" means a device used for or intended to be used for reception of communication signals
from a satellite, however, shall not include communication devices regulated by the Canadian Radio
and Television Commission or devices that are less than 1.0 m in diameter.
"School" means an institution for education or instruction, which may also be used or permitted to be
used for community oriented functions such as live theatre, concerts, gymnastics and similar audience
related activities, normally under the jurisdiction of a School Board created by the Province of Ontario.
"School, Commercial" means a building or part of a building where specialized instruction is provided
for profit or gain and may include for example a business school, trade school, driving school, drama
school, music school, martial arts school or tutoring school.
"School, Private" means a school, other than an elementary, secondary or commercial school, under
the jurisdiction of a private non-profit board of trustees or governors, a religious organization or a
charitable organization, used primarily for the instruction of students receiving education and the term
private school shall include a Montessori school.
"Semi-Detached Duplex" means a building other than a converted dwelling, located on a lot or lots,
containing 2 duplex dwellings, divided vertically by a party or common wall.
"Service Shop" means a building or part of a building and whether conducted in conjunction with a
retail store or not, for the refurbishing, repairing or servicing of goods, other than vehicles as opposed to
the manufacturing of the same.
(3628-95)
(2454-88)
(1642-84)
(4539-00)
(4932-01)
(6776-13)
(6925-14)
(61-74)
(6776-13)
(3072-91)
(6925-14)
(6925-14)
(6925-14)
(6776-13)
(5026-02)
Zoning By-Law 1784
Section 2 - 14
"Service Station, Automobile" means a building or place where motor vehicle fuel, oil, grease and
other related products are sold on a retail basis, where minor repairs are made or performed and where
motor vehicles may be greased and oiled.
"Shopping Centre" means a group of one or more buildings containing four or more non-residential
commercial premises developed and managed as a unit by a single owner or a group of owners or
tenants with a common on site traffic circulation system, common parking spaces and common
driveway access to abutting public streets.
"Sight Triangle" means a triangle that is formed by the intersection of the boundaries of two streets
and a straight line joining two points one in each of the said boundaries and distance 9m from the
intersection.
"Sporting Goods Store" means a building or part of a building with a minimum gross floor area of 450
m2 wherein sporting goods, equipment, and accessories for all types of sports are kept for sale and
which may include the repair of such items.
"Storey" means the portion of the building other than the cellar which lies between the surface of the
floor and the surface of the next floor above it, or if there is no floor above, then the space between
such floor and the ceiling or roof next above it.
"Storey, One Half" means the portion of a building situated wholly or in part within the roof and in
which there is insufficient space to provide a height between finished floor and finished ceiling of at least
2.3 m over a floor area equal to at least 50% of the area of the floor next below.
"Street" means the right of way of a public highway.
"Street Line" means the limit of the road or street allowance and is the dividing line between a lot and a
street.
"Structure" means anything that is erected, built or constructed of parts joined together and which is
fixed to or supported by the soil, a building or another structure.
"Studio" means a building or part of a building used for the instruction of music, dance, yoga,
photography, art or similar activity, and which may include ancillary retail sales.
"Taxi Establishment" means a building or part of a building, used for the dispatching of taxis and may
include temporary parking of taxis when not in service.
"Tourist Establishment" means a commercial establishment that operates throughout all or part of the
year and that may have accommodation and facilities for serving meals and furnishing equipment or
supplies or services to persons in connection with recreational purposes.
"Trailer" means a vehicle so constructed that it is suitable for being attached to a motor vehicle for the
purpose of being drawn or propelled by the motor vehicle and is capable of being used for the transport
of persons or goods, equipment or livestock notwithstanding that such vehicle is jacked up or that its
running gear is removed.
"Underground Parking Area" means a building or structure located within the ground and where the
top of the roof deck is not above the finished grade.
"Use" means the purpose for which any portion of a lot, building or structure is designed, arranged,
intended, occupied, operated or maintained.
"Vegetation Protection Zone" means a vegetated buffer area surrounding a key natural heritage
feature or key hydrologic feature within which only those land uses permitted within the feature itself are
permitted.
(690-78)
(6925-14)
(1794)
(6925-14)
(3335-93)
(6925-14)
(6776-13)
(6776-13)
(6374-10)
(6925-14)
(4539-00)
(6925-14)
(7409-18)
(7745-21)
Zoning By-Law 1784
Section 2 - 15
"Vehicle" means a motor vehicle, trailer, recreational vehicle, farm tractor, road building machine,
bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power for
moving person or goods.
"Vehicle, Commercial" means a motor vehicle having permanently attached thereto a truck or delivery
body which is designed for the transport of persons or goods, and which is used for business,
employment or commercial purposes.
"Vehicle, Motor" means an automobile, truck, motorcycle, motor assisted bicycle and any other vehicle
propelled or driven otherwise than by muscular power, but does not include a streetcar, or other motor
vehicles running only upon rails, or a motorized snow vehicle, farm tractor, self-propelled implement of
husbandry or road building machine.
"Vehicle, Recreational" means any vehicle or recreational equipment that provides for short term
occupancy and is used for recreation, travel or vacationing which is designed to be towed or propelled
by a motor vehicle or self-propelled and includes such vehicles as an all-terrain vehicle, boat, motor
home, pop-up camper, snowmobile, tent trailer, travel trailer, truck camper and water craft but does not
include a mobile home.
"Veterinary Clinic" means premises for the examination, assessment and treatment of animals, birds
and reptiles and may include medical and surgical treatment but shall not include a kennel.
"Video or Computer Rental Establishment" means a building or part of a building devoted to a retail
rental store used for the rental of video tapes, computer games and related equipment, which may
include as an accessory use the sale of video or computer games, equipment and pre-packaged
convenience foods, but shall not include a restaurant or a place of amusement.
"Visibility Triangle" means a triangular area of land situated at the intersection of street lines abutting
a corner lot that has been or will be conveyed to a public authority and incorporated into the right of way
of a public street and is not a sight triangle.
"Waiting Space" means an area of not less than 15 m2, exclusive of any aisles or ingress or egress
lanes, having a minimum perpendicular width of 2.5 m. and a minimum perpendicular length of 6.0 m, to
be used by motor vehicles awaiting access to a car wash.
"Wall, Common" means a vertical wall separating two dwelling units where such wall extends above
and below the ground and is mutually common to both dwelling units.
"Wall, Connecting" means a wall below the ground that connects two dwelling units horizontally or
vertically.
"Wall, Exterior" means a main and supporting exterior wall of a building running from the foundation
footings to the roof of the building but does not include unenclosed porches, decks, balconies, steps
and patios.
Warehouse Distribution Facility means a specialized warehouse type building or part of a building
dedicated to logistical operations which may have refrigeration and air conditioned areas where the
primary function of the facility is to receive from product suppliers large quantities of goods and such
goods are stored until needed then the goods are handled, assembled, packaged or processed into
customized orders for reshipping to retailers, wholesalers or directly to customers on a demand driven
basis and includes any associated office component.
"Warehouse Facility" means a building or part of a building where the principle activity is the indoor
storage and freight distribution of goods, wares, merchandise, substances, articles or products.
"Wellness Centre" means an establishment devoted to the actively sought goal of good health and
includes the teaching and practice, in both individual and group sessions, of a range of holistic,
alternative and integrative natural health practices and may include facilities and programs for
meditation, acupuncture, shiatsu, massage therapy, yoga, and healthy eating.
(6925-14)
(6925-14)
(6925-14)
(6925-14)
(2124-86)
(6776-13)
(4002-97)
(690-78)
(3337-93)
(3337-93)
(3337-93)
(6925-14)
(6374-10)
(7382-18)
(7528-19)
(7642-20)
(7642-20)
Zoning By-Law 1784
Section 2 - 16
"Yard" means an open uncovered and unoccupied space on a lot appurtenant to a building except as
specifically permitted in this By-law.
"Yard Depth or Setback" means the least horizontal dimension between the applicable lot line and the
nearest part of any main building on the lot.
"Yard, Exterior Side" means the yard of a corner lot that extends from the front yard to the rear yard
between the exterior side lot line and the nearest part of any main building on the lot.
"Yard, Front" means a yard extending across the full width of the lot between the front lot line and the
nearest part of any main building on the lot.
"Yard, Interior Side" means a yard, other than an exterior side yard, that extends from the front yard to
the rear yard between the interior side lot line and the nearest part of any main building on the lot.
"Yard, Rear" means a yard extending across the full width of the lot between the rear lot line and the
nearest part of any main building on the lot.
"Zero Decimal Three Metre Reserve" means a strip of land of 0.3 m in width owned by The
Corporation of the Town of Whitby, the Ministry of Transportation or the Regional Municipality of
Durham.
(6925-14)
(6925-14)
(6925-14)
(6925-14)
(6925-14)
(6925-14)
(3337-93)
Zoning By-Law 1784
Section 3 - 1
Section 3
Zones
Repealed by By-law Amendment 1077-80
(a)
Classification
(i)
The provisions of this By-law shall apply to all lands within the limits of The
Corporation of the Town of Whitby which lands for the purpose of this By-law have
been divided into various use zones as follows:
Symbol
Zone
Residential Zones
Zone R1
First Density Residential
Zone R2
Second Density Residential
Zone R3
Third Density Residential
Commercial Zones
Zone C1
Local Commercial
Zone C2
Highway Commercial
Zone C2-S
Special Purpose Commercial
Zone C2-S-RW
Special Purpose Commercial - Retail Warehousing
Industrial Zones
Zone M1
Restricted Industrial
Zone M1A
Prestige Industrial
Zone M2
Open Storage Industrial
Greenbelt Zone
Zone G
Greenbelt
Agricultural Zones
Zone A
Agricultural
Zone A1
Agricultural Service
Automobile Service Zones
Zone AS
Automobile Service Station
Zone AS-CW
Automobile Service Station including Car Wash
Gasoline Bar Zones
Zone GB
Gasoline Bar
Zone GB-CW
Gasoline Bar including Car Wash
Car Wash Zone
Zone CW
Car Wash
(1053-80)
(1079-80)
(3628-95)
(2235-87)
(1912)
(690-78)
(1077-80)
Zoning By-Law 1784
Section 3 - 2
(ii)
The permissible uses, the minimum size and dimensions of building lots, the
minimum size of yard and the maximum percentage of building lots which may be
occupied by buildings are set out herein and on Schedule "A" for the respective land
use zones. Schedule "A" forms a part of this By-law and is attached hereto.
(iii)
The extent and boundaries of all the said zones are shown on Schedule "B" which
Schedule forms a part of this By-law and is attached hereto.
(b)
Zone Boundaries
Zone boundaries as shown on Schedule "B" have been established in several cases as
property lines, Township lot lines, limits of road allowance, limits of railway right-of-ways, limits
of Hydro Electric Power Commission of Ontario easements, heights-of-land and high water
levels.
When the location of zone boundaries as shown on Schedule "B" are uncertain then the
following provisions shall apply:
(i)
Where a zone boundary is indicated as approximately parallel to any street line or
property line and the distance from the street line or property line is not indicated,
such boundary shall be construed as being parallel to such street line or property line,
and the distance therefrom shall be according to the scale shown on Schedule "B".
(ii)
Where a zone boundary is indicated as being the height-of-land between watersheds
such boundary shall be the limit of the watershed in which the zone is located.
(iii)
Where a zone boundary for a Greenbelt Zone is shown on Schedule "B" the boundary
of such zone shall be determined according to the scale shown on Schedule "B",
except that in no case shall the zone boundary be located closer to the centre of the
river, stream, or watercourse than 30.5 m, or be located below the high water level,
whichever shall be the greater.
(c)
Compound Zones
(i)
Where two or more zoning symbols divided by an oblique line ("/") are shown on
Schedule "B" to this By-law as applying to a lot, that lot may be used for any use
permitted in any one of the zones included in the compound zone symbol or for any
combination of uses permitted in any of the zones included in the compound zone
symbol subject to compliance with the articles below.
(ii)
The provisions prescribed in this By-law for the selected zone in the compound zone
symbol in which the use is permitted shall be complied with in the development of the
lands. When a combination of uses from two or more zones are to be developed on a
lot, the zone provisions applicable to each use shall be complied with or the most
restrictive provision shall apply.
(iii)
The General Provisions and Parking and Loading Requirements of this By-law for
each of the uses included in the development of the lands, whether for a single use or
a combination of uses, shall be satisfied and/or provided.
(7891-22)
Zoning By-Law 1784
Section 4 -TOC
Section 4
General Provisions - Table of Contents
The contents of this Section are:
Subsection
(a)
Public Uses ______________________________________________________4-1
(b)
Excepted Lands and Buildings ________________________________________4-1
(c)
Greater Restrictions ________________________________________________4-1
(d)
Lots Having Less Area and/or Depth and/or Frontage ______________________4-1
(e)
Frontage on Public Street ____________________________________________4-2
(f)
Reduction of Requirements __________________________________________4-2
(g)
Sight Triangles ____________________________________________________4-2
(h)
Building Repair ____________________________________________________4-2
(i)
Continuation of Farming Uses ________________________________________4-2
(j)
Accessory Uses ___________________________________________________4-3
(k)
Existing Registered Plan Nos. 582, 589, 615, 603, 628 And 643 _____________4-3
(l)
Roads ___________________________________________________________4-4
(m)
Ten Per Cent (10%) Of Every Lot______________________________________4-4
(n)
Parking Area Regulations repealed by By-law Amendment 6925-14 _________4-5
(o)
Loading Space Regulations repealed by By-law Amendment 6925-14 _______4-5
(p)
Sign Regulations repealed by By-law Amendment 544-71 _________________4-5
(q)
Public Garages ____________________________________________________4-5
(r)
Lanes As Yards ___________________________________________________4-5
(s)
Greenbelt Zones __________________________________________________4-5
(t)
Special Exemptions ________________________________________________4-5
(u)
Rooms Below Grade repealed by By-law Amendment 6312-10 _____________4-7
(v)
Swimming Pools ___________________________________________________4-7
(w)
Satellite Dishes ___________________________________________________4-7
(x)
Accessory Buildings ________________________________________________4-8
(y)
Accessory Uses & Yard Encroachments Permitted ________________________4-8
(6925-14)
(6925-14)
(544-71)
Zoning By-Law 1784
Section 4 -TOC
(z)
Group Homes _____________________________________________________4-12
(aa)
Residential Sales Offices ____________________________________________4-13
(bb)
Model Home ______________________________________________________4-13
(cc)
Recreational Propane Sales __________________________________________4-14
(dd)
Additional Dwelling Unit _____________________________________________4-14
(ee)
Home Based Business ______________________________________________4-14
Subsection 4A - Parking and Loading Requirements
1.0
General Provisions _________________________________________________4A-1
2.0
Accessible Parking Requirements _____________________________________4A-7
3.0
General Residential Parking Provisions _________________________________4A-8
4.0
General Non-Residential Parking Provisions _____________________________4A-11
5.0
Loading Space Regulations __________________________________________4A-12
6.0
Parking Provisions for Other Vehicles in Residential Zones __________________4A-14
7.0
Parking Provisions for Other Vehicles in the Agricultural (A) Zone ____________4A-16
(6776-13)
(8141-24)
Zoning By-Law 1784
Section 4 - 1
Section 4
General Provisions
(a)
Public Uses
(i)
Nothing in this By-law shall prevent the use of any land as a public park, community
park, playground, road allowance or as a site for a statue, monument, cenotaph,
fountain or other memorial or ornamental structure.
(ii)
The provisions of this By-law shall not apply to the use of any land or to the erection
or use of any building or structure for the purpose of the public service by The
Corporation of the Township of Whitby or by any local board thereof as defined by
The Department of Municipal Affairs Act, R.S.O. 1950, Chapter 96, any telephone or
telegraph company, any Conservation Authority established by the Government of
Ontario, any department of the Government of Ontario or of Canada, including the
Hydro Electric Power Commission of Ontario provided that where such land, building
or structure is located in any zone:
(a)
no goods, material or equipment shall be stored in the open, except as
permitted in such zone,
(b)
the lot coverage and yard requirements described for such zones shall be
complied with, and
(c)
any building erected under the authority of this paragraph in any Residential
(R1, R2, R3) Zone shall be designed and maintained in general harmony
with residential buildings of the type permitted in such zone.
(b)
Excepted Lands and Buildings
Nothing in this By-law shall apply:
(i)
To prevent the use of any land, building or structure for any purpose prohibited by the
By-law if such land, building or structure was lawfully used for such purpose on the
day of passing of the By-law, so long as it continues to be used for that purpose; or
(ii)
To prevent the erection or use for a purpose prohibited by the By-law of any building
or structure, the plans for which have, prior to the day of the passing of the By-law,
been approved by the municipal architect or building inspector, so long as the building
or structure when erected is used and continues to be used for the purpose of which it
was erected and provided the erection of such building or structure is commenced
within two years after the day of the passing of the By-law and such building or
structure is completed within a reasonable time after the erection thereof is
commenced.
(c)
Greater Restrictions
This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a
governmental authority having jurisdiction to make such restrictions.
(d)
Lots Having Less Area and/or Depth and/or Frontage
Where a lot having a lesser lot area, and/or lot depth, and/or frontage than that required herein
is held under distinct and separate ownership from abutting lots as shown by a registered
conveyance in the records of the Registry or Land Titles Office at the date of the passing of
By-law 1784 or where such smaller lot is subsequently created as a result of an expropriation
or a conveyance to a public road authority for road widening, such smaller lot may be used and
a building or structure may be erected, altered or used on such small lot, provided that all other
requirements of this By-law are complied with.
(1308-82)
Zoning By-Law 1784
Section 4 - 2
For the purpose of this section, lots on the following registered plans shall be considered as
being held under separate ownership
Campbell and Way Plan, McGee Plan, B.F. Perry Plan, Wallace Farewell, and Keller Plan,
Nos. 396, 467, 477, 496, 504, 513, 534, 536, 537, 541, 545, 550, 562, 565, 572, 591, 596,
600, 605, 610,638, 657, 691, 698, 709, 725.
(e)
Frontage on Public Street
(i)
No person shall erect any building or structure in any zone unless (1) the lot upon
which such building or structure is to be erected fronts upon an improved public street
which has a perpendicular width of 20 m or more or (2) the lot upon which such
building or structure is to be erected fronts upon an improved public street which has
a perpendicular width of less than 20 m and is shown on a Plan of Subdivision
registered in the Land Titles Office or in the Registry Office on or after January 1st,
1974.
(ii)
The following streets are exempt from the provisions of subsection (i) namely:
Durham Street, Pearl Street, Church Street, Simcoe Street, Duke Street, Bagot Street
and Way Street as shown on Campbell and Way Plan of the Village of Brooklin.
(iii)
For the purpose of this subsection an
"Improved Public Street" means a street which has been constructed and is being
maintained by the Corporation in such a manner so as to permit its use by normal
vehicular traffic.
(f)
Reduction of Requirements
Repealed by By-law Amendment 919-73
No person shall change the purpose for which any lot or building is used or erect any new
building or addition to any existing building or sever any lands from any existing lot if the effect
of such action is to cause the original, adjoining, remaining or new building or lot to be in
contravention of this By-law, providing that nothing herein shall prevent the conveyance to a
public road authority of part of any lot for the purpose of a public highway and provided further
that in the event of any such conveyance, the buildings on the remaining portion of the lot may
be continued to be used in the same manner and to the same extent as if such conveyance
had never taken place.
(g)
Sight Triangles
On a corner lot within the triangular space formed by the street lines for a distance of 12 m
from their point of intersection, no hedge, shrub, tree or fence shall be planted, maintained or
erected which would obstruct the vision of vehicular traffic.
(h)
Building Repair
Nothing in this By-law shall prevent the strengthening to a safe condition of any building or
structure or part of any such building or structure that is a non-conforming use, provided such
alteration or repair does not contravene the provisions of this By-law by increasing the height,
size or volume or change the use of such building or structure.
(i)
Continuation of Farming Uses
Nothing herein contained shall prevent the continued use of any land, building or structure or
additions to such buildings or structure for farming purposes.
(248-75)
(781-72)
(1308-82)
Zoning By-Law 1784
Section 4 - 3
(j)
Accessory Uses
Where this By-law provides that land may be used or a building or structure may be erected or
used for a purpose, that purpose shall include any accessory use incidental thereto.
(k)
Existing Registered Plan Nos. 582, 589, 615, 603, 628 And 643
Residential development will be permitted on lots in registered plan numbers 582, 589, 615,
603, 628 and 643, in accordance with the restrictions of the Third Density Residential (R3)
Zone. Where such a lot has a lesser frontage or area than that required herein a dwelling may
be erected and used on such smaller building lot provided that it conforms to all other
requirements of this By-law.
Where any new lots are created on either Plans 582 Macedonian Village (North) or 615 by
virtue of a decision of the Land Division Committee of the Region of Durham one single family
detached dwelling (unrelated to farming) may be erected and used on any such new lot
providing the various zone and other provisions of this By-law are complied with.
(i)
Zone Provisions
(a)
Lot Frontage
Minimum
24 m
(b)
Lot Area
Minimum
0.202 ha
(c)
Lot Coverage
Maximum for all Buildings
33% of the lot area
(d)
Front Yard
Minimum Depth
9.0 m
(e)
Interior Side Yard
Minimum Width
1.5 m
Provided, however, and notwithstanding the above, where no
garage or carport facilities are provided on the lot then the
minimum width of one of the interior side yards shall be
4.9 m
(f)
Exterior Side Yard
Minimum Width
6.0 m
(g)
Rear Yard
Minimum Depth
10 m
(h)
Parking, Accessory Building, Etc.
In accordance with the provisions of Section 4 of By-law 1784.
(ii)
Provided further that the following conditions are complied with:
(a)
The access to any such lot shall be from a street other than Coronation
Road.
(b)
The dwelling constructed on any such lot is served by a well which is drilled
or constructed into the deep aquifer which underlies the impervious clay.
(c)
The dwelling located on any such lot is served by a septic tank system which
is constructed and approved by the Durham Health Unit.
(1794)
(1287-81)
Zoning By-Law 1784
Section 4 - 4
(l)
Roads
For the purpose of computing yard depths as required under this By-law the following road
allowance widths and building line set backs shall apply:
Road
Portion
Planned
Width of
Road
Allowance
Distance
From Centre
Line to Bld.
Line
Highway # 2
Entire length
35 m
30.5 m
Thickson Road
Hwy. # 401 to Hwy. # 12
35 m
30.5 m
Highway # 7
West limit of Twp. to Hwy. # 12
35 m
30.5 m
Highway # 12
Rossland Rd. to Hwy. # 7
35 m
30.5 m
Highway # 7and # 12
7th Conc., Rd. to Twps. north
limit
35 m
30.5 m
Proposed Hwy.# 7 and # 12
By-pass
Entire length
35 m
30.5 m
County Road # 5
Ashburn to Twp. east limit
30 m
30.5 m
5th Conc. Rd.
Thickson Rd. to Twps. east
limit
30 m
24.5 m
County Road # 22
Entire length
30 m
24.5 m
Rossland Road
Twp. east limit to D'Hillier St.
30 m
24.5 m
Suburban Road # 3
Hwy. 12 to Twp. E
30 m
24.5 m
County Road
Entire length limit
30 m
24.5 m
Thickson Road
Hwy. # 401 to Lake
30 m
24.5 m
County Road # 23
Entire length
30 m
24.5 m
7th Conc. Road
County Rd. 5a to Twp. east
limit
30 m
24.5 m
County Road # 5a
Along 7th Conc. Road
30 m
24.5 m
County Road # 5
Twp. west limit to Ashburn
26 m
22.5 m
Gibb Street Extension
Thickson Rd. to City of Oshawa
26 m
22.5 m
Louisa Street Extension
Town of Whitby to City of
Oshawa
26 m
22.5 m
County Road # 5a
Ashburn to 7th Conc. Road
26 m
22.5 m
County Road # 5a
7th Conc. Road to Baldwin St.
26 m
22.5 m
Anderson St.
Town of Whitby to Suburb. Rd.
No. 3
26 m
22.5 m
*In the case of conflict with any other provisions of this By-law, the greater restriction applies.
Zoning By-Law 1784
Section 4 - 5
(m)
Ten Per Cent (10%) of Every Lot
No less than ten per cent (10%) of the area of every lot on which a building or structure is
erected shall be used for no other purpose than sodding and/or planting. Such sodding and/or
planting area shall be located either in the front and/or side yards.
(n)
Parking Area Requirements
Repealed by By-law Amendment 6925-14
(o)
Loading Space Regulations
Repealed by By-law Amendment 6925-14
(p)
Sign Regulations
Repealed by By-law Amendment 544-71
(q)
Public Garages
Notwithstanding the provisions of Schedule "A", the following provisions shall apply to public
garages.
(i)
Pump Location
Repealed by By-Law Amendment 690-78
(ii)
Ramps
1.
The minimum width of ramp shall be 9.0 m.
2.
The minimum distance between ramps shall be 4.5 m measured along the street
line.
3.
The minimum distance from the intersection of the street lines to any ramp shall
be 4.5 m, measured along the street line.
4.
The minimum angle between ramp and street line shall be 20 degrees.
(r)
Lanes as Yards
Where a lot abuts a lane, one half of the width of the lane may be considered part of the lot for
the purpose of computing the area of the lot and for the purpose of computing the depth of any
rear yard required under this By-law.
(s)
Greenbelt Zones
No part of a Greenbelt (G) Zone shall be used in calculating the lot frontage, lot area,
coverage, or yards required by this By-law for uses in adjacent zones.
(t)
Special Exemptions
(i)
Registered Plan 477
Notwithstanding the provisions of Schedule "A" of this By-law, with respect to
minimum lot area and minimum lot frontage requirements, Lots 14 to 19 inclusive and
Lots 27 to 32 inclusive on Registered Plan 477 may be divided into parcels not
smaller than 20 m by 45.5 m, and on such smaller parcels buildings may be erected
and used, provided there is compliance with all other requirements of this By-law.
The provisions of this subsection shall apply only when the lands referred to herein
are served by a public water supply and public sanitary sewer.
(690-78)
(1889)
(6925-14)
(6925-14)
(544-71)
(690-78)
Zoning By-Law 1784
Section 4 - 6
(ii)
Registered Plan 550
Notwithstanding the provisions of Schedule "A" of this By-law with respect to
minimum lot frontage requirements, Lots 7 - 14 inclusive on Registered Plan 550 may
be divided into two (2) smaller parcels, each having a frontage of not less than 23 m
and on each such divided parcel, a building may be erected and used, provided that
there is compliance with all other requirements of this By-law.
(iii)
Lot 19, Concession 2
Notwithstanding the provisions of Schedule "A" of this By-law with respect to
minimum lot frontage requirements, the following lands namely a parcel of land
bounded on the north by the southerly limit of Lot 15, according to Registered Plan
467 on the east by Garrard Road, on the south by a line commencing at the
northwest angle of Lot 14 according to Registered Plan 467, and running thence 72
degrees 17 minutes 30 seconds east, and on the west by Scott Street, may be
divided into lots having each a frontage of not less than 20 m and a depth of not less
that 100.5 m, and on each such divided parcel, a building may be erected and used
providing there is compliance with all other requirements of this By-law. The
provisions of this subsection shall apply only when the lands referred to herein are
served by a public water supply and public sanitary sewers.
(iv)
Exterior Side Yards
(a)
Notwithstanding the provisions of Schedule "A" of this By-law with respect to
minimum exterior side yard requirements in Residential Zones, a building
may be erected and used on a corner lot on certain registered plans as
specified below, provided that:
1.
a minimum exterior side yard of 4.5 m shall be required for a lot
having a frontage of 20 m or less,
2.
a minimum exterior side yard of 6.0 m shall be required for a lot
having a frontage of 23.5 m or less but more than 20 m and,
3.
there is compliance with all other requirements of this By-law.
(b)
The following are the registered plans referred to in sub-paragraph (a)
above:
467, 477, 496, 534, 541, 591, 596, 601, 603, 615, 643, 657, Campbell and
Way Plan, McGee Plan, B.F. Perry Plan, McTaggart Plan of Myrtle Station,
Wallace, Farewell and Keller Plan, and Gerries Amended Plan.
(v)
Registered Plan 537
Notwithstanding the provisions of Schedule "A" of this By-law with respect to
minimum lot area and minimum lot frontage requirements, Lots 15 to 18 inclusive on
Registered Plan 537, may be divided into two (2) smaller parcels, each having a
frontage of not less than 23 m and on each such divided parcel, a building may be
erected and used provided there is compliance with all other requirements of this By-
law.
(vi)
Lot 18, Concession 2
Notwithstanding the provisions of Schedule "A" of this By-law with respect to
minimum lot area and minimum lot frontage requirements, the following lands, namely
a parcel of land, part of Lot 18, Concession 2, being bounded on the north by
Registered Plans 572 and 600 and a portion of Registered Plan 591, on the east by a
portion of the east boundary of Lot 28 of Registered Plan 591, on the south by a
portion of Registered Plan 591 and on the west by Garrard Road with the said parcel
being more particularly described as follows:
(920-73)
(1889)
(920-73)
(1826)
(1879)
Zoning By-Law 1784
Section 4 - 7
Commencing at the southwest angle of Lot 15, of Registered Plan 572;
Thence North 71 degrees 39 minutes 30 seconds east a distance of 190.12 m to an
iron bar planted in the south boundary of Lot 16, of Registered Plan 600;
Thence North 71 degrees 39 minutes east a distance of 4.88 m to the southeast
angle of Lot 16 of Registered Plan 600;
Thence North 73 degrees 21 minutes 30 seconds east a distance of 3.05 m to the
northeast angle of Lot 28 of Registered Plan 591;
Thence South 16 degrees 00 minutes 30 seconds east a distance of 45.72 m to a
point on the east limit of Lot 28 of Registered Plan 591;
Thence South 73 degrees 21 minutes 30 seconds west a distance of 7.93 m to an
iron bar planted in the north boundary of Lot 28 of Registered Plan 591;
Thence South 73 degrees 22 minutes west 198.12 m to the north west angle of Lot
33 of Registered Plan 591;
Thence North 16 degrees west 45.72 m to the Point of Commencement
may be divided into lots having each a frontage of not less than 22.86 m and a depth
of not less than 60.96 m, and on each such divided parcel, a building may be erected
and used providing there is compliance with all other requirements of this By-law.
(vii)
Registered Plan 467
Notwithstanding the provisions of Schedule "A" of this By-law, with respect to
minimum lot area and minimum lot frontage requirements, Lots 16, 17, 19, 20, 21, 22,
23, 24, 26, and 28 on Registered Plan 467 may be divided into four smaller parcels
each having a frontage of not less than 22.86 m and on each such divided parcel, a
building may be erected and used provided there is compliance with all other
requirements of this By-law.
(u)
Rooms Below Grade
Repealed by By-law Amendment 6312-10
(v)
Swimming Pools
(i)
Notwithstanding any other provision of this By-law to the contrary, swimming pools
(either above ground or inground) may only be located and used in the interior side
yard, exterior side yard or rear yard provided that such swimming pool is located no
closer than 1.0 m from an interior side or rear lot line and 4.5 m from a street line.
Notwithstanding the foregoing, swimming pools (either above ground or inground)
may be located no closer than 1.0 m from a streetline only where such swimming pool
is located in the rear or exterior side yards.
(ii)
Notwithstanding the yard provisions of this By-law to the contrary, swimming pools
(either above ground or inground) may be located in the front yard of a corner lot
provided that such a swimming pool is located no closer than 4.5m to a street line.
(w)
Satellite Dishes
Notwithstanding any other provision of this By-law, a satellite dish may be located and used in
any zone category in accordance with the following provisions:
(i)
Satellite dishes shall not be permitted in the front and exterior side yards.
(ii)
No more than one satellite dish shall be permitted on a lot or one per main building;
except where located in a zone other than residential.
(1916)
(1889)
(1224-81)
(3072-91)
(4469-99)
(6312-10)
Zoning By-Law 1784
Section 4 - 8
(iii)
Satellite dishes located in any zone, shall be set back from the interior side and rear
lot lines, a minimum of 1.0 m, provided that a satellite dish is located no closer than
4.5 m to any street line or the established building line on the lot, whichever is
greater.
Notwithstanding the above, where a satellite dish is located in the interior side yard as
a side wall mount, such side wall mount shall not be adjacent to a habitable room and
the setback from the interior side lot line shall be a minimum of 0.3 m.
The above noted setbacks shall be measured from the property line to the outer edge
of the dish.
(iv)
Notwithstanding clause (iii) above, where a satellite dish is located on the roof of a
building, the minimum set back from any exterior wall adjacent to a front and exterior
side yard shall be equal to the height of the satellite dish when installed and as
measured from the outer edge of the dish.
(v)
The maximum height of a satellite dish in any zone shall be in accordance with the
following:
Ground Installation -
a maximum of 5.5 m measured from the
finished grade to the highest point of the
satellite dish
Flat Roof Installation -
a maximum of 5.0 m measured from the roof
deck to the highest point of the satellite dish
Other Than Flat Roof Installation -
a maximum of 0.3 m above the ridge of a
roof measured from the bottom of the
satellite dish to the ridge of the roof.
(vi)
The satellite dish diameter permitted in any zone shall be as follows:
Minimum
1.0 m
Maximum
3.7 m
(vii)
Building permits shall be issued for a satellite dish in accordance with the
requirements of the Ontario Building Code Act, R.S.O. 1980, chapter 51, as
amended.
(viii)
No person shall erect a satellite dish for the purpose of displaying or using the
satellite dish for an advertising device.
(x)
Accessory Buildings
Repealed by By-Law Amendment 5993-07
(y)
Accessory Uses and Yard Encroachments Permitted
(a)
Use of Accessory Buildings
Repealed by By-Law Amendment 5993-07
(b)
Permitted Locations and Setbacks from Lot Lines
Repealed by By-Law Amendment 5993-07
(i)
Location
Except as otherwise provided herein, any accessory structure shall be
erected in the rear, interior side and exterior side yard only and shall comply
with the yard requirements of this By-law.
Notwithstanding any other provision of this By-law, in a Residential Zone, a
detached private garage, carport, storage shed, playhouse or other such
similar accessory uses, may be erected and used in the interior side, exterior
side and rear yard provided that such accessory structure is located no
(1267-81)
(1423-82)
(4469-99)
(5993-07)
(5993-07)
(5993-07)
Zoning By-Law 1784
Section 4 - 9
closer than 4.5 m to any street line and 0.6 m to any interior or rear lot line,
where there are no doors or windows in the wall facing the interior or rear lot
line. Notwithstanding the foregoing, where a mutual garage is erected on a
common lot line between two lots, no interior side yard is required.
Notwithstanding the above, in a Residential Zone, accessory structures with
a floor area of 10 m2 or less and a height of 2.5 m or less may be erected in
an exterior side yard, and shall be located no closer than 1.0 m from a street
line or 0.3 m reserve.
(ii)
Encroachment of Eaves and Roof Overhangs in Setback Areas
Eaves and roof overhangs may encroach into any setback area required by
Section 4(y)(b)(i) a distance of no more than 0.3 m.
(c)
Maximum Permitted Height And Roof Types
Repealed by By-Law Amendment 5993-07
(i)
Height
Notwithstanding any other provision in this By-law, no accessory structure in
any Residential Zone shall exceed 4.5 m in height and no accessory
structure in any Agricultural Zone shall exceed 5.5 m.
(ii)
Permitted Roof Types
Notwithstanding any other provision in this By-law, the following are the only
permitted roof types for all accessory structures in the Town: i) flat; ii) gable;
iii) hip; iv) gambrel and v) mansard, as shown on the attached Schedule 'A-
2' to this By-law.
(4469-99)
(5993-07)
Zoning By-Law 1784
Section 4 - 10
H
AVERAGE
H
FRONT
RIDGE
EAVE
RIDGE
RIDGE
RIDGE
EAVE
EAVE
EAVE
SIDE
SIDE
SIDE
SIDE
FRONT
FRONT
FRONT
H
1/2
1/2
H
1/2
H
H
ROOF DECK LINE
H = Height of Building
Illustration of Permitted Roof Types And
Building Height Definitions
Flat Roof
Gable Roof
Hip Roof
Gambrel Roof
Mansard Roof
GRADE
SCHEDULE 'A-2'
Zoning By-Law 1784
Section 4 - 11
Lot Coverage
Repealed by By-Law Amendment 5993-07
(i)
Residential Lots
(a)
The maximum number of accessory structures permitted on any
residential lot shall be four.
(b)
The total combined lot coverage of all accessory structures on any
residential lot shall be the lesser of:
(i)
8% of the lot area;
(ii) 50% of the lot coverage of the main building on the lot; or
(iii) 60 m2 of ground floor area.
(ii)
Residential Uses on Agricultural Lots
(a)
The total combined lot coverage of all accessory structures to the
residential use on any agricultural lot shall be the lesser of:
(i)
8% of the lot area; or
(ii) 150 m2 of ground floor area
(iii)
Farming/Non-Residential Uses on Agricultural Lots
(a)
The maximum size of all accessory structures shall be 190 m2
(d)
Excluded Uses In Residential Zones
No trailer or portable buildings shall be used as an accessory structure in Residential
Zones.
Yard Encroachments Permitted
(a)
Ornamental Structures
Notwithstanding the yard provisions of this By-law to the contrary, sills, belt
courses, chimneys, cornices, eaves, gutters, parapets, pilasters, bay
windows, bow windows, boxed windows or other ornamental structures may
project into any required yard a maximum of 0.5 m.
(b)
Accessory Structures
Notwithstanding the yard provisions of this By-law to the contrary, drop
awnings, clothes poles, flag poles, garden trellises, fences, retaining walls,
signs, or similar accessory uses shall be permitted in any required yard.
(c)
Decks, Porches, Steps, Patios and Balconies
(i)
Notwithstanding the yard provisions of this By-law to the contrary,
unenclosed and uncovered decks, porches, steps and patios, with
a height of 0.6 m above grade or less, may have a setback of 1.0 m
from the interior side and rear lot lines and a setback of 3.0 m from
a streetline, and in the case where unenclosed and uncovered
decks, porches, steps and patios are located in a rear yard they
may have a setback from a streetline of 1.0 m. Notwithstanding the
foregoing, unenclosed and uncovered decks, porches, steps and
patios, with a height of 0.6 m above grade or less, located in the
interior side yard and adjacent to a main building wall, may have a
setback of 0.25 m from the interior side lot line.
(4469-99)
(5993-07)
(4469-99)
(4469-99)
(5993-07)
Zoning By-Law 1784
Section 4 - 12
(ii)
Notwithstanding the yard provisions of this By-law to the contrary,
unenclosed decks, porches, balconies and steps, covered or
uncovered, projecting from the first storey of a dwelling unit, may
encroach into any required rear yard a maximum distance of 3.2 m
and into any required front or exterior side yard a maximum
distance of 1.5 m, it being understood that any unenclosed decks,
porches, balconies and steps, shall not be located any closer than
6.0 m to any rear lot line.
(iii)
Notwithstanding the yard provisions of this By-law to the contrary,
unenclosed decks, porches, balconies and steps, covered or
uncovered, projecting from the first storey of a dwelling unit and
having a height greater than 0.6 m but less than 1.2 m above
grade, may encroach into any required interior side yard a
maximum distance of 1.0 m, it being understood that any
unenclosed decks, porches, balconies and steps, shall not be
located any closer than 0.25 m to any interior side lot line.
(iv)
Notwithstanding the yard provisions of this By-law to the contrary,
unenclosed and uncovered decks, porches, balconies and steps
projecting from the second storey of a dwelling unit, may encroach
into any required rear yard or exterior side yard a maximum
distance of 1.5 m, it being understood that any unenclosed decks,
porches, balconies and steps, shall not be located any closer than
6.0 m to any rear lot line.
(v)
Notwithstanding any other provision for the setback of decks,
porches or balconies from a lot line, where unenclosed decks,
porches or balconies, either covered or uncovered, and having a
height greater than 1.2 m above grade, are situated in a rear yard
area and adjacent to a side or end wall of an adjacent building
containing a wall with a habitable room window, the minimum
separation between such wall and the deck, porch or balcony shall
be 3.0 m.
(vi)
Notwithstanding the yard provisions of this By-law to the contrary,
unenclosed decks and steps surrounding a swimming pool, may
have a width from waters edge of 1.5 m and, in the case of
unenclosed decks and steps, such uses may have a maximum
height of not more than 1.5 m. Unenclosed decks and steps
surrounding a swimming pool with a height of 0.6 m or less may not
be located any closer than 1.0 m to any rear, exterior side or
interior side lot line. Unenclosed decks and steps surrounding a
swimming pool with a height greater than 0.6 m but less than or
equal to 1.5 m may not be located any closer than 2.0 m to any
rear, exterior side or interior side lot line.
(z)
Group Homes
(i)
A group home shall be permitted in all dwelling types within all zones where
residential uses are permitted.
(ii)
A group home shall comply with the zone provisions and parking standards which
apply to the type of dwelling unit within which the group home is located.
Notwithstanding the above provisions;
(iii)
A group home which provides residence to young or adult offenders or ex-offenders
shall only be located within dwellings which abut arterial or collector roads as
designated by the Official Plan of the Town of Whitby and such dwellings must be
located within zones which permit residential uses.
(3344-93)
Zoning By-Law 1784
Section 4 - 13
(iv)
A group home of six or more residents, exclusive of staff, shall not be located within
120 m of any other group home of six or more residents or any boarding or lodging
house and this distance shall be measured between the nearest property lines.
(v)
A group home with six or more residents, exclusive of staff, shall not be permitted to
locate within an apartment dwelling unit.
(aa)
Residential Sales Offices
(a)
Residential sales office shall be permitted in all Residential Zones and Agricultural
Zones;
(b)
The residential sales office shall be constructed or located in accordance with the
zone provisions for the lot or lots within which it is located;
(c)
Residential sales offices shall be located within a proposed lot of a draft approved or
registered plan of subdivision or within a unit of a draft approved or registered
condominium building;
(d)
For the purposes of establishing the location of lot lines, the residential sales office
shall be built within the lots defined by the draft approved plan of subdivision within
which it is located and as if these lots were defined by a registered plan of
subdivision;
(e)
The maximum number of residential sales offices per plan of subdivision or
condominium building shall be one (1); and,
(f)
Repealed by By-law Amendment 6925-14
(bb)
Model Home
(a)
A model home shall be permitted on lands that have received draft plan approval from
the Council of the Region of Durham.
(b)
A model home shall be constructed or located in accordance with the zone provisions
for the lot within which it is located.
(c)
Parking shall be provided for each model home in accordance with the parking
requirements for the dwelling type and zone category in which the model home is
located.
(d)
Repealed by By-law Amendment 6925-14
(e)
The total number of model homes which may be permitted on lands that have
received draft plan approval for residential purposes shall not exceed the lesser of ten
(10) dwellings or ten percent (10%) of the total number of residential units in each
individual phase of the development.
(f)
For the purposes of establishing the location of the lot lines, the model home shall be
built within the lot defined by the draft approved plan of subdivision within which it is
located, as if these lots were defined by a registered plan of subdivision.
(cc)
Recreational Propane Sales
(a)
Recreational propane sales shall be permitted in all AS (Automobile Service Station),
AS-CW (Automobile Service Station with Car Wash), GB (Gas Bar) and GB-CW (Gas
Bar with Car Wash) zones including any lands that are dispensing motor vehicle fuel
subject to the following provision:
The location and safety requirements for recreational propane sales shall be in
accordance with the provincial propane regulations.
(3538-94)
(3530-94)
(6925-14)
(4272-98)
(6925-14)
Zoning By-Law 1784
Section 4 - 14
(dd)
Accessory Apartment
Repealed by By-law Amendment 8141-24
(dd)
Additional Dwelling Units
Notwithstanding any other provision of this By-law to the contrary, a maximum of three
additional dwelling units shall be permitted on a parcel of residential urban land that permits a
single detached dwelling, semi-detached dwelling, link dwelling, street townhouse dwelling
unit, or in an accessory structure related to a single detached dwelling, semi-detached
dwelling, link dwelling, or street townhouse dwelling unit subject to the following provisions:
(a)
Additional Dwelling Unit Configurations:
(i)
A maximum of two additional dwelling units shall be permitted within a
permitted principal dwelling, and a maximum of one additional dwelling unit
shall be permitted within an accessory structure, or,
(ii)
A maximum of three additional dwelling units shall be permitted within a
permitted principal dwelling where there is no additional dwelling unit located
within an accessory structure, and,
(iii)
No more than one additional dwelling unit shall be permitted within an
accessory structure.
(b)
Notwithstanding (a) above, an additional dwelling unit shall be permitted on a lot
containing a permitted residential dwelling in any Agriculture Zone provided that the
lot is serviced by municipal water and sanitary services, and is located within the
Town of Whitby Official Plan Urban Area Boundary, with the exception that:
(i)
For lands situated outside of the Town of Whitby Official Plan Urban Area
Boundary, a maximum of one additional dwelling unit shall be permitted per
lot; and
(ii)
No more than one additional dwelling unit shall be permitted within an
accessory structure.
(c)
Any dwelling or lot containing an additional dwelling unit shall be serviced by
municipal sanitary and water services. In the absence of municipal services,
confirmation of sufficient private servicing shall be provided by the Durham Region
Health Department.
(d)
Notwithstanding anything in this By-law to the contrary, for lands located within any
Oak Ridges Moraine Agricultural designation or Oak Ridges Moraine Rural
Settlement designation of the Town of Whitby Official Plan, a maximum of one
additional dwelling unit is permitted either within a legally permitted principal dwelling
or within an accessory building per lot.
(e)
Notwithstanding anything in this By-law to the contrary, for a lot located within the
Protected Countryside of the Greenbelt Plan, a maximum of one additional dwelling
unit shall be permitted either within a legally permitted principal dwelling or an
accessory structure that existed on or where building permits were issued prior to July
1, 2017.
(f)
New additional dwelling units are not permitted in a permitted dwelling unit or
accessory building on any land designated Environmental Protection, Natural
Heritage System or Hazard Land as per the Town of Whitby Official Plan.
(g)
Additional dwelling units are not permitted in any hazard lands as determined by the
Conservation Authority including, but not limited to, the regulatory flood limits, erosion
hazard limits or areas without safe access in the event of a natural hazard
emergency.
(8141-24)
(8141-24)
Zoning By-Law 1784
Section 4 - 15
(h)
The entrance to an additional dwelling unit shall be accessible by an unobstructed
path of travel measuring a minimum of 1.2 metres in width and minimum 2.1 metres
in height to a public or private street or lane. The path may be shared and used
collectively where more than one additional dwelling unit exists on a lot.
(i)
An additional dwelling unit shall have a common access or separate access to the
exterior of the building.
(j)
Where an additional dwelling unit is present within an accessory structure, the
additional dwelling unit structure shall be excluded from the maximum lot coverage or
floor space index requirements.
(k)
Where an additional dwelling unit is located within an accessory structure the
following provisions shall apply:
Minimum Interior Side Yard Setback:
1.2 metres
Minimum Rear Yard Setback:
1.2 metres
Minimum Exterior Yard Setback:
3.0 metres
Maximum Building Height:
4.5 metres in all Residential
zones, and 5.5 metres in all
other zones
Maximum Gross Floor Area:
75 sq. m.
Notwithstanding any other provision of this By-law to the contrary, all other
performance standards related to an accessory structure shall continue to apply.
(l)
Parking:
(i)
Where an additional dwelling unit parking space is situated on a driveway, a
reduced parking space width of 2.5 m and length of 5.0m shall be permitted
for the additional dwelling unit.
(ii)
A parking space that is provided and maintained for the sole use of the
occupant of an additional dwelling unit or principal dwelling unit may be a
tandem parking space.
(iii)
No minimum parking space requirements are required for any additional
dwelling unit situated on a lot within a Protected Major Transit Station Area
as outlined/delineated within the Town of Whitby Official Plan.
(m)
Driveway Width:
Notwithstanding any other provision of this By-law to the contrary, a single vehicle
wide driveway with direct access to a garage or carport, may be widened to a
maximum width of 5.5m to accommodate additional parking spaces associated with
an additional dwelling unit(s).
(n)
Notwithstanding any other provision of this By-law to the contrary, an additional
dwelling unit shall be permitted within any legally existing Garden Suite that existed
on or prior to November 25, 2024.
(ee)
Home Based Business
1.
A home based business shall be permitted in any zone that permits a dwelling unit
subject to the following provisions:
(6776-13)
Zoning By-Law 1784
Section 4 - 16
(a)
the use is conducted entirely within a dwelling unit however limited storage is
permitted in an attached garage or accessory structure provided it does not
obstruct or eliminate a required parking space;
(b)
except for home daycare, no more than three persons at any one time shall
be present in a single detached dwelling to receive teaching and/or
instruction and no more than one person at any one time shall be present to
receive teaching and/or instruction in any dwelling unit other than a single
detached dwelling;
(c)
no more than two persons at any one time shall be present in a single
detached dwelling to receive client based treatment or services and no more
than one person at any one time shall be present to receive client based
treatment or services in any dwelling unit other than a single detached
dwelling;
(d)
the occupant may employ or be assisted by no more than one employee or
assistant at any one time who is not an occupant but only in the following
zone categories:
-
R1-VB, R2-VB, MUR-VB, C1-VB
(e)
vehicle parking for any employee or assistant who is not an occupant must
be located on the lot from which the home based business is operated and
may include a tandem parking space or a parking space located in driveway
but only in the following zone categories:
-
R1-VB, R2-VB, MUR-VB, C1-VB
(f)
the gross floor area occupied by all home based businesses is no more than
25% of the gross floor area of the dwelling unit or 50 m2 whichever is less
and for this provision gross floor area shall include any floor area in a
basement or cellar;
(g)
no goods or handicrafts are offered or displayed for sale other than goods or
handicrafts produced on site;
(h)
retail sales conducted by telephone, internet, mail order or other similar
approach is permitted provided that customers do not enter the property to
inspect, purchase or take possession of any goods;
(i)
there is no outdoor storage or outdoor display of goods, handicrafts,
equipment or supplies;
(j)
there is no display of a sign advertising the existence of a home based
business within the dwelling unit other than a sign erected in conformity with
the Permanent Sign By-law of the Town;
(k)
there is no equipment or a process or activity which creates an adverse
effect or becomes obnoxious in regard to noise, odour, fumes, vibration,
glare, traffic or parking nor causes electrical interference with telephone,
television, radio or satellite equipment; and,
(l)
Repealed by By-law Amendment 8141-24.
(8141-24)
Zoning By-Law 1784
Section 4 - 17
2.
A home based business shall not include the following:
-
adult entertainment establishment
-
automobile sales establishment
-
body rub establishment
-
clinic
-
contractor's yard
-
eating establishment
-
escort service
-
kennel
-
motor vehicle paint and body shop
-
premises used as a base of operations to assemble persons for transportation to work off-
site or the pick-up of goods, materials or equipment for distribution or use off-site
-
public garage
-
retail store
-
salvage yard
-
taxi establishment
Zoning By-Law 1784
Section 4A - 1
Section 4A
Parking and Loading Requirements
1.0
General Provisions
1.1
Applicability of this Section
(a)
For every parcel of land, building or structure to be used or erected,
provision shall be made and maintained for parking spaces and loading
spaces on the same lot in accordance with the standards of this Section.
1.2
Parking Spaces Required
(a)
Number of Parking Spaces
The number of parking spaces required for permitted uses in all zones shall
be in accordance with Tables 4A(1) and 4A(2), unless otherwise specified by
this By-law.
(b)
Rounding Provision
Where the number of parking spaces required is calculated on the basis of a
rate or ratio that results in a numeric fraction, fractions of less than 0.5 shall
be rounded down to the nearest whole number and fractions equal to or
greater than 0.5 shall be rounded up to the next whole number.
Where the application of a rate or ratio results in a fraction of an accessible
parking space being required, the minimum number of accessible parking
spaces required shall be increased to the next whole number.
(c)
More Than One Use on a Lot
The parking requirements for more than one use on a single lot or for a
building containing more than one use, shall be the sum total of the parking
requirements for each of the component uses or buildings, unless otherwise
specified by this By-law.
(d)
Requirement Based on Capacity
Where the number of parking spaces required is calculated on the basis of
the capacity of a use, such capacity shall be equal to the maximum capacity
of any building or structure pertaining to such use, as determined by the
Ontario Building Code, relevant fire safety regulations or, where applicable,
the Liquor Licensing Board of Ontario or other public agency having
jurisdiction, whichever capacity is less.
(e)
Use of a Similar Nature
Where a use permitted by this By-law is not listed in Table 4A(1) and Table
4A(2), the parking requirement for that use shall be based on the
requirement for a use of a similar nature.
(f)
Existing Site Specific Exceptions Continue to Apply
Notwithstanding any other provisions of this By-law to the contrary, any
parking and loading provisions stated in other sections of this By-law and in
site specific exceptions which are less restrictive than those provisions
contained in Section 4A shall continue to apply.
(6925-14)
Zoning By-Law 1784
Section 4A - 2
Table 4A(1) Residential Parking Requirements
Use or Purpose
Minimum Number of Parking Spaces Required
Additional Dwelling Unit
1 space in addition to the requirements of the principal
dwelling unit.
Apartment Building
1.25 spaces per dwelling unit plus 0.25 spaces per dwelling
unit dedicated for visitors parking.
Bed and Breakfast Establishment
2 spaces per principal dwelling unit plus 1 space per guest
room with tandem parking only permitted for the principal
dwelling unit.
Block Townhouse Dwelling
-
With an integral garage and related driveway
2 spaces per dwelling unit plus 0.25 spaces per dwelling unit
dedicated for visitors parking.
-
Without an integral garage and related
driveway
1.75 spaces per dwelling unit plus 0.25 spaces per dwelling
unit dedicated for visitors parking.
Boarding and Lodging House
1 space per dwelling plus 0.5 spaces per lodging unit.
-
Crisis Residence
-
Group Home
2 spaces per dwelling unit plus 1 space per 3 residents or
portion thereof.
Dwelling units contained within a building not
specifically mentioned such as a converted
dwelling or a dwelling unit situated in a portion of a
non-residential building
1.25 spaces per dwelling unit.
-
Fourplex Dwelling
-
Semi Detached Duplex Dwelling
-
Triplex Dwelling
1.5 spaces per dwelling unit.
Long Term Care Home
0.33 spaces per bed.
Retirement Home
0.40 spaces per dwelling unit plus 0.2 spaces per dwelling
unit dedicated for visitors parking.
Seniors Apartment Building
0.25 spaces per dwelling unit plus 0.25 spaces per dwelling
unit dedicated for visitors parking.
-
Single Detached Dwelling
-
Semi Detached Dwelling
-
Link Dwelling
-
Duplex Dwelling
-
Street Townhouse Dwelling
2 spaces per dwelling unit.
(8141-24)
Zoning By-Law 1784
Section 4A - 3
Table 4A(2) Non-Residential Parking Requirements
Use or Purpose
Minimum Number of Parking Spaces Required
-
Art Gallery
-
Library
-
Museum
1 space per 28 m2 of gross floor area.
-
Assembly Hall
-
Bingo Hall
-
Cinema
-
Community Centre
-
Place of Worship
-
Private Club
-
Theatre
1 space per 4 persons of permitted capacity.
Automobile Sales Establishment
3 spaces per service bay, plus 1 space per 30 m2 of gross
floor area devoted to sales and display floor space.
-
Automobile Service Station
-
Lubritorium
-
Motor Vehicle Paint and Body Shop
-
Public Garage
3 spaces per service bay, plus 1 space per 30 m2 of gross
floor area devoted to other areas of activity such as office,
retail sales, or a waiting area.
-
Bowling Alley
-
Curling Rink, Basket Ball or Tennis Court
-
Golf Course
-
Similar Recreation Facility
4 spaces per lane, sheet, hole, court, or similar recreation
facility plus the parking requirements for any additional or
accessory uses in accordance with those uses.
Car Wash
3 spaces per building devoted to car wash facilities.
Clinic
1 space per 17 m2 of gross floor area.
Day Nursery
1 space per 28 m2 of gross floor area devoted to playroom
space.
Dry Cleaning Establishment
1 space per 100 m2 of gross floor area excluding any floor
area devoted to other areas of activity such as customer
deposit and pick-up, retail sales or a waiting area for which
1 additional parking space per 9 m2 shall be required.
-
Eating Establishment
1 space per 19 m2 of gross floor area.
-
Eating Establishment, Take-out
1 space per 11 m2 of gross floor area.
Financial Institution
1 space per 23 m2 of gross floor area and 1 space per 30 m2
of gross floor area for a financial institution with a drive
through ATM including stacking lane of at least 3 vehicles in
length.
Funeral Establishment
1 space per 18.5 m2 of gross floor area or 10 spaces
whichever is greater.
Gas Bar
3 spaces per station plus 1 space per 30 m2 of gross floor
area devoted to other areas of activity such as office, retail
sales or washroom facilities.
Home Based Business
No minimum requirement. Refer to Section 4(ee)(e) for
parking requirements related to any employee or assistant
who is not a resident.
Hospital
Parking spaces required for any hospital expansion or a
new hospital shall be based on a parking study detailing the
basis for the parking requirements to the satisfaction of
Council
Zoning By-Law 1784
Section 4A - 4
Use or Purpose
Minimum Number of Parking Spaces Required
-
Hotel
-
Motel
1 space per guest room or suite plus 1 space per 10 m2 of
gross floor area devoted to other accessory uses such as a
restaurant, lounge, meeting room or banquet hall.
-
Industrial or manufacturing establishment.
1 space per 100 m2 of gross floor area.
-
Industrial or manufacturing establishment
containing two or more units and having a
gross floor area of 2,800 m2 or less.
1 parking space per 50 m2 of gross floor area.
-
Industrial or manufacturing establishment
containing two or more units and having a
gross floor area in excess 2,800 m2.
1 parking space per 50 m2 of gross floor area up to 2,800
m2, plus 1 additional space per 100 m2 of gross floor area of
the building in excess of 2,800 m2.
-
Laundromat
1 space per 2 washing machines.
Office
1 space per 30 m2 of gross floor area on or below the first
storey and 1 space per 50 m2 for any gross floor area
situated above the first storey provided however that any
gross floor area devoted to uses such as a cafeteria or
training room for employees of uses within the building that
do not have any external signage shall be excluded.
Residential Sales Office
1 space per 6.5 m2 of sales display area or 10 spaces
whichever is greater.
-
Retail Furniture Outlet
-
Warehouse Sales Outlet
1 space per 100 m2 of gross floor area.
Retail Store
1 space per 23 m2 of gross floor area and 1 space per 50 m2
for any gross floor area situated above the first storey.
School
Number of Parking Spaces Required
-
Elementary
2.5 spaces per classroom plus 1 lay-by space per 3
classrooms with a minimum dimension of 30 m for drop-off
and/or pick-up activity.
-
Private
0.22 spaces per student, based on the planned maximum
student enrolment plus 1 lay-by lane with a minimum
dimension of 30 m for drop-off and/or pick-up activity.
-
Secondary
2.5 spaces per classroom plus 1 lay-by space per 5
classrooms with a minimum dimension of 30 m for drop-off
and/or pick-up activity.
Shopping Centre
Number of Parking Spaces Required
-
Where the gross leasable area is less than
3,000 m2
1 space per 23 m2 of gross leasable area provided that
where eating establishment uses occupy 20% or more of
the gross leasable area, the specific parking requirement for
eating establishment uses shall apply.
-
Where the gross leasable area is 3,000 m2 up
to 37,160 m2
1 space per 23 m2 of gross leasable area.
-
Where the gross leasable area is more than
37,160 m2 up to 55,740 m2.
1 space per 22 m2 of gross leasable area.
-
Where the gross leasable area is more than
55,740 m2
1 space per 21 m2 of gross leasable area.
Uses permitted in this By-law other than those
listed in this table
1 space per 23 m2 of gross floor area on or below the first
storey and 1 space per 50 m2 for any gross floor area
situated above the first storey.
Zoning By-Law 1784
Section 4A - 5
1.3
Parking Space Dimensions
(a)
The minimum dimensions of all required off-street parking spaces provided
in a parking area or on a driveway except those in a private garage, shall be
provided in accordance with Table 4A(3) below.
Table 4A (3) Parking Space Dimensions
Type of Parking Space:
Minimum
Length
Minimum
Width
Minimum
Height
Angled
5.8 m
2.75 m
2.1 m
Parallel
6.7 m
2.75 m
2.1 m
Perpendicular
5.8 m
2.75 m
2.1 m
Tandem
11.0 m
2.75 m
2.1 m
(b)
Where required off street parking spaces are provided in a parking structure,
whether above or below grade, the minimum parking space dimensions shall
be 5.8 m in length, 2.75 m in width and 2.1 m in unobstructed height.
(c)
Where the side of a required parking space is obstructed by any part of a
fixed object such as a wall, column, bollard or fence, the minimum width of
the required parking space shall be increased by 0.2 m for each side of the
parking space that is obstructed. For the purposes of this provision the side
of a parking space is obstructed when a fixed object is situated:
(i)
within 0.3 m of the side of the parking space, measured at right
angles, and
(ii)
more than 1.0 metre from the front or rear of the parking space.
(d)
Where 50 or more parking spaces are required on a lot, the minimum
parking space dimensions for up to 20% of any parking spaces supplied
beyond the minimum number of parking spaces required may be 5.8 m in
length and 2.4 m in width, provided that such parking spaces are clearly
signed as being reserved for the parking of small vehicles only.
1.4
Additions to Buildings and/or Change of Use
(a)
The parking and loading space requirements of this Section of the By-law
shall not apply to any use in existence at the date of passing of this section
of the By-law so long as the gross floor area, as it existed at such date, is
not increased nor the building is used for a purpose that requires more
parking spaces and/or loading spaces.
(b)
Where a use is changed within an existing building, and where the new use
requires more parking and/or loading spaces than the former use, the
number of additional parking spaces and/or loading spaces required shall be
the difference between the parking spaces and loading spaces required by
the new use and the parking spaces and loading spaces required by the
former use.
(c)
Where a use is changed which requires less than the number of parking
spaces and loading spaces which existed at the date of passing of this
Section of the By-law, the number of parking spaces and loading spaces
required shall be in accordance with the number of parking spaces and
loading spaces required by this Section of the By-law.
Zoning By-Law 1784
Section 4A - 6
(d)
Where an addition to an existing building is constructed that increases the
gross floor area, parking and loading spaces shall be provided for the new
construction in accordance with the standards of this Section, in addition to
the existing number of parking and loading spaces already provided and
required to be maintained for the existing building.
1.5
Multiple Zones
Where a property is covered by more than one zone category, required parking and
loading facilities shall be provided within that area of the property zoned for the
permitted use provided that a driveway giving access from a street to service a
property zoned for a permitted use may be located on land zoned for a different
permitted use.
1.6
Surface Treatment
All parking areas which includes driveways, aisles, parking spaces and loading areas
shall be established and maintained with a stable surface treated so as to provide a
durable and dustless surface such as asphalt, concrete, paving stones or similar
hardscaped surface that is capable of permitting access under all climatic conditions.
The use of other materials sufficient to provide stability, prevent erosion and which
provide for the infiltration of water into the ground is also permitted.
Where 4 or more parking spaces are required on a lot, all parking spaces shall be
clearly marked to identify the size and location of the parking spaces.
1.7
Driveway Setback to an Intersection
The minimum distance between an intersection of street lines and the nearest
driveway shall be 9.0 m except in Residential Zones, in which case the minimum
distance between an intersection of street lines and the nearest driveway shall be 6.0
m.
1.8
Parking and Storage of Display Vehicles
Where a permitted use involves the outdoor storage and/or display of operational
motor vehicles, such as an automobile sales establishment, such outdoor storage and
/ or display area shall not be considered when calculating the required parking.
1.9
Cash-In-Lieu of Parking in the VB Zone
Where requested by the owner, the Town may in any VB Zone, enter into an
agreement exempting an owner or occupant from the requirement of providing or
maintaining some or all of the required minimum number of parking spaces and such
an agreement shall provide for the making of one or more payments to the Town in
lieu of the provision of parking.
1.10
Parking Structures
Parking structures are permitted in accordance with the following provisions:
(a)
Parking Structures 1.2 m or Less in Height above Finished Grade
Any parking structure either below finished grade or up to a height of 1.2 m
above finished grade may encroach into a required yard provided that the
parking structure is located no closer than 1.0 m to a street line or lot line,
and provided further that such structure shall not be located within a planned
width of road allowance. This provision shall also apply to ventilation shafts,
stairways and other similar facilities associated with a parking structure.
Zoning By-Law 1784
Section 4A - 7
(b)
Parking Structures Greater Than 1.2 m in Height above Finished Grade
Any parking structure that projects more than 1.2 m above finished grade
shall be subject to all the zone provisions for the main building on the lot.
(c)
Entrance and Exit Ramps
No part of any wall or structure enclosing an entrance or exit ramp above or
below finished grade shall be located any closer than 2.75 m from a street
line.
Any mechanism such as a gate or lifting arm devise that controls access into
a parking structure shall be located no closer than 6.0m from a street line.
2.0
Accessible Parking Requirements
2.1
Ratios for Minimum Number of Spaces
(a)
Accessible parking spaces shall be required for all Non-Residential uses and
all Residential uses that require visitor parking spaces.
(b)
The minimum number of accessible parking spaces required shall be
calculated in accordance with the ratios in Table 4A(4) below.
Table 4A(4) Minimum Number of Accessible Parking Spaces
Total Number of Parking
Spaces Provided in all
Parking Areas on the Lot
Minimum Number of Accessible
Parking Spaces Required
12 or less
1
13 to 100
4% of the total number of parking
spaces in the parking area
101 to 200
1, plus 3% of the total number of
parking spaces in the parking area
201 to 1000
2, plus 2% of the total number of
parking spaces in the parking area
1,001 or greater
11, plus 1% of the total number of
parking spaces in the parking area
(c)
Notwithstanding provision (b) above, the total number of accessible parking
spaces required for all Residential Uses that require visitor parking spaces
shall be based on the total number of visitor parking spaces provided. The
minimum number of accessible parking spaces required shall not be
assigned for non-visitor use.
2.2
Dimensions and Shared Access
(a)
The minimum dimensions for an accessible parking space shall be in
accordance with the dimensions in Table 4A(5) below.
Table 4A(5) Accessible Parking Space Dimensions
Type
Minimum
Length
Minimum
Width
Minimum Vertical
Clearance
Accessible
Parking Space
5.8 m
3.4 m
3.0 m
Zoning By-Law 1784
Section 4A - 8
(b)
An accessible path of travel with a minimum width of 1.5 m and a minimum
length of 5.8 m must be provided adjacent to and run the length of an
accessible parking space. An accessible path of travel can be shared by
two accessible parking spaces.
(c)
Where only 1 parking space is required for a Non-Residential use, that
parking space shall be designed to meet the minimum accessible parking
space dimensions, but shall not be signed as such.
3.0
General Residential Parking Provisions
3.1
Location of Parking
(a)
Parking associated with a Residential use is only permitted in a parking
area, parking structure, parking space, private garage, carport or on a
driveway accessing a private garage, parking space or a carport related to
an individual dwelling unit.
(b)
A surface parking area associated with a Residential use containing less
than 3 dwelling units shall be permitted in all yards provided that no part of
any parking area, other than a driveway, is located closer than 1.0 m to a
street line.
(c)
A surface parking area associated with a Residential use containing 3
dwelling units or more shall not be permitted within a front yard or exterior
side yard and shall be set back a minimum distance of 2.5 m from a street
line.
3.2
Number of Private Driveway Entrances
Lots within any Residential Zone shall be limited to the following number of private
driveways entrances:
(a)
less than 25 m of lot frontage - 1 driveway.
(b)
25 m or more of lot frontage - 1 driveway plus 1 additional driveway for
each additional 25m or portion thereof of lot frontage.
Where a lot is a corner lot or a through lot, the length of an exterior lot line or the
street lines of a through lot may be included as lot frontage for the purpose of
determining the number of entrances permitted.
3.3
Provisions for Circular Driveways
Notwithstanding other provisions of this By-law to the contrary, for lots within any
Residential Zone that have 25 m or more of lot frontage, a circular driveway is
permitted, provided:
(a)
The main building is setback a minimum of 10.5 m from the street line.
(b)
Each driveway measured along the street line is no more than 4.0 m in
width.
(c)
The driveways are a minimum of 9.0 m apart, measured along the street
line.
(d)
The second driveway connects the public street to the other driveway that
provides direct access from the public street to a private garage, carport or
parking space in the interior side yard or rear yard.
Zoning By-Law 1784
Section 4A - 9
3.4
Parking Provisions for Ground Oriented Dwelling Units
The following parking provisions apply to ground oriented dwelling units which for the
purpose of this By-law are a single detached dwelling, semi-detached dwelling, link
dwelling, duplex dwelling, and a townhouse dwelling with direct motor vehicle access
from a public street.
(a)
One of the two required parking spaces shall be located in either the side
yard, rear yard or in a private garage or carport.
(b)
A driveway shall provide direct access to a required parking space in either a
side yard, rear yard or in a private garage or carport.
(c)
Within a front yard or exterior side yard, vehicle parking is only permitted on
a driveway.
(d)
No more than one required parking space shall be located on a driveway in
a front yard or exterior side yard.
(e)
Where a garage door opening used for motor vehicle access faces an
interior side lot line there shall be no parking between the outside wall of a
garage and a front lot line or an exterior side lot line.
(f)
Tandem parking spaces are permitted.
3.5
Private Driveway Widths for Ground Oriented Dwelling Units
The following provisions apply to private driveways with direct motor vehicle access
from a public street serving a single detached dwelling, semi-detached dwelling, link
dwelling, duplex dwelling and townhouse dwelling which have a private garage or
carport:
(a)
The minimum width of a private driveway on a lot shall be 3.0m, provided
that the minimum width of a private driveway in an interior side yard leading
to a private garage, carport or parking space in the rear yard shall be 2.75m.
(b)
The maximum width of a private driveway in the rear yard leading to a
private garage or carport situated in the rear yard shall be 3.0 m or the width
of the garage door whichever is the greater.
(c)
The maximum width of a private driveway on a lot shall be the width of the
garage door, including any intervening columns or wall sections which may
separate two or more garage door openings, plus 2.0 m to a maximum width
of 7.5 m provided that a minimum of 40% landscaped open space is
maintained in the front yard or exterior side yard in which the driveway is
located.
(d)
The maximum width of a private driveway on a lot serving a three car garage
or greater shall be the width of the garage door, including any intervening
columns or wall sections which may separate two or more garage door
openings, plus 2.0 m to a maximum width of 9.0 m provided that a minimum
of 40% landscaped open space is maintained in the front yard or exterior
side yard in which the driveway is located.
(e)
Notwithstanding provision (d) above, where a garage door opening used for
motor vehicle access faces an interior side lot line, the maximum width of a
private driveway in the front yard measured along the street line shall be
6.0m.
Zoning By-Law 1784
Section 4A - 10
(f)
Any hard surface area abutting a driveway used or capable of being used for
parking a motor vehicle shall be included in the driveway width calculation
excluding any parking pad or hammerhead used for the purpose of
manoeuvring a vehicle such that the vehicle can exit the property in a
forward motion.
(g)
Notwithstanding provision (f) above, one walkway access may be connected
to one side of the driveway provided the maximum width of the walkway
shall be 1.5 m.
3.6
Private Garage Dimensions to Accommodate an Unobstructed Parking Space
Notwithstanding any other provisions of this By-law to the contrary, the following
provisions apply to any private garage and required parking space therein serving a
single detached dwelling, semi-detached dwelling, link dwelling, duplex dwelling and
townhouse dwelling.
(a)
The minimum internal dimension for a private garage that serves a single
vehicle shall be 6.2 m in length and 3.0 m in width measured from
foundation wall to foundation wall.
(b)
The minimum internal dimension for a private garage that serves two or
more vehicles shall be 6.2 m in length and 5.5 m in width measured from
foundation wall to foundation wall.
(c)
All required parking spaces within a private garage shall be a minimum of
5.4 m in length, 2.6 m in width and 2.1 m in height free of all obstructions.
(d)
Notwithstanding that a required parking space within a private garage must
be unobstructed, a maximum 0.24 m horizontal or vertical encroachment
shall be permitted within the unobstructed parking space to accommodate
access stairs within a private garage provided that the stairs project only
from the end wall of the garage or from the side wall but at a distance no
greater than 1.2 m from the end wall of the garage.
3.7
Driveway Setback to a Side Lot Line
The minimum setback from a driveway to a side lot line in a front yard leading to a
private garage or carport in a single detached dwelling having a minimum lot frontage
of 12m shall be the minimum distance requirement for the main building from the side
lot line or 0.6 m whichever is the lesser.
3.8
Private Garage Setback to a Street line
The minimum setback from a street line to the door of a private garage or to a carport
accessed by a private driveway from a public street shall be 5.8m.
3.9
Private Garage Setback to an Aisle
The minimum setback from a private internal aisle or driveway system serving a
multiple unit residential dwelling to a private garage, carport or unenclosed parking
space shall be 2.75m.
3.10
Driveway and/or Aisle Width Serving a Multiple Unit Residential Dwelling
Driveways and/or aisles on a lot serving multiple unit residential dwellings such as a
triplex dwelling, fourplex dwelling, townhouse dwelling, apartment building and
retirement home shall be provided in accordance with Table 4A(6) below.
Zoning By-Law 1784
Section 4A - 11
Table 4A(6) Driveway and Aisle Dimensions - Multiple Unit Residential Use
Driveway and/or Aisle Type
Minimum
Width
Maximum Width
One-Way
3.5 m
6.0 m
Two-Way
6.0 m
9.0 m
Serving a Loading Area - One-Way
3.5m
7.0 m
Serving a Loading Area - Two-Way
7.0m
8.5 m
4.0
General Non-Residential Parking Provisions
4.1
Location of Parking
(a)
All required parking spaces and surface parking areas for a Non-Residential
use shall be permitted in all yards provided that no part of any parking area,
other than a driveway, is located closer than 2.5 m to any street line.
(b)
Notwithstanding provision (a) above, a surface parking area associated with
a use in an Industrial Zone, shall not be permitted in a front yard or exterior
side yard provided however that parking spaces delineated for visitors
parking may be located in a front yard or exterior side yard provided that no
part of any parking area, other than a driveway, is located closer than 2.5 m
to any street line.
4.2
Location of Parking in the VB Zone
All required parking spaces and surface parking areas for a Non Residential use in
any VB Zone shall be permitted in all yards subject to the following provisions:
(a)
Required parking spaces shall be located on the same lot as the use,
building or structure for which the parking spaces are required.
(b)
Required parking spaces and surface parking areas shall not be permitted in
a front yard or exterior side yard for any lot abutting Baldwin Street, Cassels
Road or Winchester Road and shall be setback a minimum distance of 2.5 m
from any street line.
4.3
Off-Site Parking in the VB Zone
Notwithstanding any provisions of this By-law to the contrary, required parking spaces
for any Non-Residential use in any VB Zone may be located on another lot within 150
m of the lot on which parking would be required for a use, provided that:
(a)
An agreement with the Town is registered against title of both such
registered lots binding and requiring the owner(s) thereof to maintain such
parking spaces for the duration of the building, structure or use for which
they are required.
Zoning By-Law 1784
Section 4A - 12
4.4
Driveway Width Serving Parking Area of a Non-Residential Use
(a)
Driveways serving a parking area or loading area of a Non-Residential use
shall be provided in accordance with Table 4A(7) below.
Table 4A(7) Driveway Dimensions - Non-Residential Use
Driveway Type
Minimum
Driveway Width
Maximum Driveway
Width
One-Way Driveway
3.5 m
7.0 m
Two-Way Driveway
7.0 m
10 m
4.5
Aisle Width Serving a Parking Area of a Non Residential Use
(a)
Aisles serving a parking space or loading area shall be provided in
accordance with Table 4A(8) below.
Table 4A(8) Aisle Dimensions - Non-Residential Use
Type
Minimum
Width
Maximum
Width
One-Way Aisle
3.5 m
6.0 m
Two-Way Aisle
6.0 m
8.5 m
Aisle Serving Loading Area - One Way
3.5 m
7.0 m
Aisle Serving Loading Area - Two Way
7.0 m
8.5 m
5.0
Loading Space Regulations
The owner or occupant of every building used for a purpose that requires the loading or
unloading of goods or materials, shall provide and maintain loading spaces in accordance with
the following provisions:
5.1
Number of Loading Spaces Required
The minimum number of loading spaces required on a lot shall be based on the
number of dwelling units or the gross floor area of all of the buildings on the lot in
accordance with Table 4A(9) below.
Table 4A(9) Loading Spaces for Specific Uses
Use
Minimum Number of Loading
Spaces Required
Apartment building or mixed use building
containing 25 or more dwelling units
1
Zoning By-Law 1784
Section 4A - 13
Loading Spaces for All Other Uses
Gross Floor Area
Minimum Number of Loading
Spaces Required
0 to 500 m2
0
501 to 2,000 m2
1
2,001 to 5,000 m2
2
5,001 to 10,000 m2
3
Over 10,000 m2
3 plus 1 additional for every additional
10,000 m2 or portion thereof
5.2
Dimension of Loading Space
The minimum dimension of a loading space shall be in accordance with Table 4A(10)
below.
Table 4A(10) Loading Space Dimensions
Type
Minimum
Length
Minimum
Width
Minimum
Height
Loading Space
10.0 m
3.5 m
4.5 m
5.3
More Than One Use on a Lot
The loading space requirements for more than one use on a single lot or for a building
containing more than one use, shall be the sum total of the loading space
requirements for each of the uses, unless otherwise specified by this By-law.
5.4
Location of Loading Spaces
Where a loading space is required the following provisions shall apply:
(a)
All required loading spaces shall be located on the same lot as the use,
building or structure for which the loading spaces are required.
(b)
All required loading spaces shall be adjoined to or situated within 15m of the
use, building or structure for which the loading spaces are required.
(c)
A loading space shall not be permitted in a front yard or exterior side yard
between the nearest part of any wall of the main building and the front lot
line or the exterior side lot line.
(d)
A loading space shall not be located within 7.5m of any street line or
Residential Zone boundary but may be permitted within this area if the
loading space is located entirely within a building or structure.
5.5
Additions to Buildings and/or Change of Use
As per the provisions of subsection 4A 1.4
Zoning By-Law 1784
Section 4A - 14
6.0
Parking Provisions for Other Vehicles in Residential Zones
6.1.
Parking of Commercial Vehicles in Residential Zones
The parking or storing of a commercial vehicle on a lot in a Residential Zone related
to a ground oriented dwelling unit is only permitted in accordance with the following
provisions:
(a)
A commercial vehicle parked on a lot must be used for the resident's
transportation to and from a place of employment or to earn a living.
(b)
The number of commercial vehicles parked in the open shall be a maximum
of one.
(c)
The number of commercial vehicles parked within a private garage or wholly
enclosed building associated with a dwelling unit shall be unrestricted.
(d)
Parking of a commercial vehicle on a lot shall not be permitted unless a main
building exists on such lot.
(e)
A commercial vehicle parked in the open in the front yard or exterior side
yard shall only be parked on a driveway.
(f)
A commercial vehicle may be parked on a stable surface in the open in any
yard provided it shall be setback a minimum of 1.0 m from any side lot line or
rear lot line.
(g)
A commercial vehicle parked in the open shall be located entirely within the
legal boundaries of the lot.
(h)
A commercial vehicle shall not exceed a maximum length of 7.0 m exclusive
of any trailer hitch or exceed a maximum height of 2.6 m measured from the
ground to the highest point of the driver cab or the delivery body.
(i)
A rack or apparatus on the top of a commercial vehicle shall not be included
in the calculation of maximum height provided the height of the rack or
apparatus does not exceed 0.4 m in height.
(j)
Parking and storage of the following vehicles shall be prohibited on all lots in
a Residential Zone unless otherwise specified by this By-law:
-
buses
-
heavy construction vehicles
-
farm tractors
-
tracked vehicles, except for snowmobiles
-
vehicles designed to run only on rails
-
vehicles equipped with more than 3 axles, excluding space wheels
designed to support the vehicle when parked or stored
6.2.
Parking of Recreational Vehicles and Trailers in Residential Zones
The parking or storing of a recreational vehicle or trailer on a lot in a Residential Zone
related to a ground oriented dwelling unit is only permitted in accordance with the
following provisions:
(a)
A recreational vehicle or trailer parked or stored on a lot shall be owned by
the occupant of such lot.
Zoning By-Law 1784
Section 4A - 15
(b)
Recreational vehicle or trailer parking or storage shall only be permitted
provided that such parking or storage does not occupy a required parking
space related to the principal use on the lot.
(c)
Where a recreational vehicle such as a boat, all terrain vehicle, or
snowmobile is kept on a trailer, the recreational vehicle and trailer together
shall be counted as one recreational vehicle or trailer.
(d)
The number of recreational vehicles or trailers parked or stored in the open
shall be a maximum of one.
(e)
The number of recreational vehicles or trailers parked or stored within a
private garage or wholly enclosed building associated with a dwelling unit
shall be unrestricted.
(f)
Parking of a recreational vehicle or trailer on a lot shall not be permitted
unless a main building exists on such lot.
(g)
A recreational vehicle or trailer parked or stored in the open in the front yard
or exterior side yard shall only be parked on a driveway.
(h)
A recreational vehicle or trailer may be parked on a stable surface in the
open in any yard provided it shall be setback a minimum of 1.0 m from any
side lot line or rear lot line.
(i)
A recreational vehicle or trailer parked or stored in the open shall be entirely
within the legal boundaries of the lot.
(j)
A recreational vehicle or trailer parked or stored in the front yard or exterior
side yard shall not exceed a maximum length of 7.0 m exclusive of any
trailer hitch or tongue or exceed a maximum height of 2.0 m measured from
the ground to the highest point of the recreational vehicle or trailer.
(k)
A rack or apparatus on the top of a recreational vehicle or trailer shall not be
included in the calculation of maximum height provided the rack or
apparatus does not exceed 0.4 m in height.
(l)
A recreational vehicle or trailer that exceeds a maximum length of 7.0 m
exclusive of any trailer hitch or tongue or exceeds a maximum height of 2.0
m shall only be parked or stored in the interior side yard or rear yard and
shall be setback a minimum of 1.0 m from any interior side yard or rear yard.
(m)
A recreational vehicle or trailer parked or stored on a lot shall not exceed a
maximum length of 11 m or a maximum height of 4.0m.
(n)
A recreational vehicle or trailer that exceeds a maximum length of 7.0 m
exclusive of any trailer hitch or tongue or a maximum height of 2.0 may be
temporarily parked or stored on a driveway in the front yard or exterior side
yard for a total period not exceeding 72 hours in any one calendar month
between May 1st and October 31st.
(o)
A trailer owned by the occupant of a dwelling on a lot where such trailer is
used by the occupant on a daily basis for employment and to earn a living
may be parked in the front yard or exterior side yard provided such trailer
does not exceed a maximum length of 4.0 m exclusive of any trailer hitch or
tongue and a maximum height of 2.6 m.
Zoning By-Law 1784
Section 4A - 16
7.0
Parking Provisions for Other Vehicles in the Agricultural (A) Zone
7.1.
Parking of Commercial Vehicles in the Agricultural (A) Zone
The parking or storing of a commercial vehicle on a residential lot unrelated to
farming in the Agricultural (A) Zone is only permitted in accordance with the following
provisions:
(a)
Commercial vehicles may be parked on a residential lot unrelated to farming
that has a residential dwelling situated thereon.
(b)
Commercial vehicles parked on a lot shall be owned by the occupant of such
lot.
(c)
The number of commercial vehicles parked in the open shall be a maximum
of two.
(d)
The number of commercial vehicles parked within a private garage or wholly
enclosed building associated with a dwelling unit shall be unrestricted.
(e)
Parking of a commercial vehicle on a lot shall not be permitted unless a main
building exists on such lot.
(f)
Only one commercial vehicle may be parked in the open in the front yard or
exterior side yard and shall only be parked on a driveway.
(g)
A commercial vehicle may be parked on a stable surface in the open in any
exterior side yard, interior side yard or rear yard provided it shall be setback
a minimum distance of 3.0 m from any exterior side lot line, interior side lot
line or rear lot line.
(h)
A commercial vehicle parked in the open shall be located entirely within the
legal boundaries of the lot.
7.2.
Parking of Recreational Vehicles and Trailers in the Agricultural (A) Zone
The parking or storing of a recreational vehicle or trailer on a residential lot unrelated
to farming in the Agricultural (A) Zone is only permitted in accordance with the
following provisions:
(a)
A recreational vehicle or trailer parked or stored on a lot shall be owned by
the occupant of such lot.
(b)
Recreational vehicle or trailer parking or storage shall only be permitted
provided that such parking or storage does not occupy a required parking
space related to the principal use on the lot.
(c)
Where a recreational vehicle such as a boat, all terrain vehicle, or
snowmobile is kept on a trailer, the recreational vehicle and trailer together
shall be counted as one recreational vehicle or trailer.
(d)
The number of recreational vehicles or trailers parked or stored in the open
shall be a maximum of two.
(e)
The number of recreational vehicles or trailers parked or stored within a
private garage or wholly enclosed building associated with a dwelling unit
shall be unrestricted.
Zoning By-Law 1784
Section 4A - 17
(f)
Parking of a recreational vehicle or trailer on a lot shall not be permitted
unless a main building exists on such lot.
(g)
Only one recreational vehicle or trailer may be parked or stored in the open
in the front yard or exterior side yard and shall only be parked on a driveway.
(h)
A recreational vehicle or trailer may be parked on a stable surface in the
open in any exterior side yard, interior side yard or rear yard provided it shall
be setback a minimum of 3.0 m from any exterior side lot line, interior side
lot line or rear lot line.
(i)
A recreational vehicle or trailer parked or stored in the open shall be entirely
within the legal boundaries of the lot.
Zoning By-Law 1784
Section 5 - 1
Section 5
First, Second and Third Density Residential (R1, R2, R3) Zone
No person shall hereafter use any land or erect or use a building or structure in a Residential
(R1, R2, or R3) Zone except in accordance with the following provisions:
(a)
Uses Permitted
(i)
Residential
-
single detached dwelling in all Residential (R1, R2 and R3) Zones
-
converted dwelling in Residential (R2 and R3) Zones only.
(ii)
Institutional
Repealed by By-Law Amendment 5038-02
(iii)
Recreational
-
golf course
-
private athletic club
(iv)
Home Occupation
Repealed by By-law Amendment 6776-13.
(b)
Area Requirements
No person shall within any First, Second or Third Density Residential (R1, R2 or R3)
Zone erect or use any building or structure except in accordance with the provisions
set out in Schedule "A".
(c)
Side Yards
Notwithstanding Schedule "A", where a dwelling is erected in a Residential (R1, R2,
R3) Zone without a garage or carport, the side yard requirements of an interior lot
shall be 5.0 m on one side and 1.5 m on the other side.
(d)
Use Of Residential Lots
No person shall erect more than one single family detached dwelling on any lot.
(e)
External Design Of Buildings
No person shall erect on lots in a block within a housing project, dwellings of which
more than 20% are similar in external design, with respect to the following: size and
locations of openings, doors, windows and colour and type of surface materials.
Buildings similar in external design shall not be built upon adjoining lots.
(f)
Exceptions
Repealed by By-law Amendment 780-72
The provisions of Schedule "A" to By-law Number 1784 respecting Minimum Lot Area
with Public Water Supply or Public Sanitary Sewers and Minimum Lot Frontage, with
Public Water Supply or Public Sanitary Sewers for First, Second and Third Density
Residential Zones (R1, R2 and R3), within the area defined by Schedule "A" annexed
hereto shall not apply and the following shall apply:
(a)
Minimum Lot Area
With Public Water Supply and Public Sanitary Sewer.
(736-72)
(920-73)
Zoning By-Law 1784
Section 5 - 2
Residential Zone R1
Interior Lot
1,020 m2
Corner Lot
1,150 m2
Residential Zone R2
Interior Lot
925 m2
Corner Lot
1125 m2
Residential Zone R3
Interior Lot
835 m2
Corner Lot
1,045 m2
(b)
Minimum Lot Frontage
With Public Water Supply and Public Sanitary Sewer.
Residential Zone R1
Interior Lot
24.5 m
Corner Lot
27.5 m
Residential Zone R2
Interior Lot
21.5 m
Corner Lot
26 m
Residential Zone R3
Interior Lot
18.5 m
Corner Lot
23 m
R3-1: Exception 1
Part Lot 22, Concession 2
3820 Anderson Street
(a)
Notwithstanding the permitted uses found in Section 5(a)(Uses Permitted) of
By-law # 1784, as amended, the following uses shall only be permitted on
the lands so marked "R3-1" and identified as the "Subject Property" on
Schedule A-1 attached to and forming part of By-law # 4888-01:
(i)
single detached dwelling
(ii)
home based business
(b)
Notwithstanding the Schedule "A" Zone Requirements Table of By-law #
1784, as amended, for Lot Area, Lot Coverage, Front Yard and Rear Yard
setbacks, the following zone provisions shall apply to the land so marked
"R3-1" and identified as the "Subject Property" on Schedule A-1 attached to
and forming part of By-law # 4888-01.
(i)
LOT AREA WITH FULL MUNICIPAL SERVICES
Minimum
575 m2
(ii)
LOT COVERAGE
Maximum
55%
(iii)
FRONT YARD
Minimum
3.0 m
(iv)
REAR YARD
Minimum
2.0 m
(4888-01)
(5956-07)
(6776-13)
Zoning By-Law 1784
Section 5 - 3
R3-1: Exception 1
Parts 2,3,4,5 and 6, Plan 40R-17989
Southeast Corner of Coronation Road and Stevens Road
(a)
No person shall use any lot or erect or alter or use any building or structure
in any "R3-1" Zone identified as the "Subject Property" on Schedule "A-1" to
by-law # 4119-98 except in accordance with the following uses and zone
provisions:
R3-1 Third Residential
(i)
Uses Permitted
-
single detached dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
19 m
(b)
Lot Area
Minimum
0.19 ha
(c)
Lot Coverage
Maximum for all buildings
33% of the lot area
(d)
Front Yard
Minimum Depth
9.0 m
(e)
Interior Side Yard
Minimum Width
1.5 m
Provided, however, and notwithstanding the
above, where no garage or carport facilities are
provided on the lot then the minimum width of
one of the interior side yards shall be
4.9 m
(f)
Exterior Side Yard
Minimum Width
6.0 m
(g)
Rear Yard
Minimum Depth
10.0 m
(h)
Parking, Accessory Buildings, Etc.
In accordance with the provisions of Section 4 of By-law #
1784
(iii)
Provided further that the following conditions are complied with:
(a)
The access to any such lot shall be from Stevens Road.
(b)
The dwelling constructed on any such lot is served by a
well which is drilled or constructed into the deep aquifer
which underlies the impervious clay.
(c)
The dwelling located on any such lot is served by a septic
tank system which is to be approved by the Durham
Health Unit.
(4119-93)
(6600-12)
Zoning By-Law 1784
Section 5 - 4
R2-1: Exception 1
3145 Garden street
(1)
Notwithstanding the uses permitted in subsection 5(a), the temporary use of
the former single detached dwelling for a hair salon as a personal service
establishment shall be granted on the lands municipally known as 3145
Garden Street.
(2)
The temporary use of a hair salon as a personal service establishment shall
cease to be in effect as of May 7, 2021.
R2-2: Exception 2
97 Thickson Road South
1.
Notwithstanding subsection 5(a)(iv) Home Occupation, in any R2-2 Zone the
following additional use shall be permitted as a home based business:
-
esthetician
2.
The following provisions shall apply to any home based business use in an
R2-2 Zone:
(a)
The home based business use shall only be carried out by the
residents of the principal dwelling unit.
(b)
The dwelling unit in which the home based business is located shall
be the principal residence, as defined by the Income Tax Act, of the
occupant of said dwelling unit.
(c)
The home based business shall not occupy more than 46.5 m2 of
gross floor area of the dwelling unit.
R2-3: Exception 3
309 Powell Road
(1)
Zone Provisions
Notwithstanding any provisions of this By-law to the
contrary, in any R2-3 Zone, the following provisions
shall apply:
(a)
LOT COVERAGE
Maximum
35%
(6611-12)
(6243-09)
(6776-13)
(6713-13)
(7396-18)
Zoning By-Law 1784
Section 5A - 1
Section 5A
Brooklin Secondary Plan Residential (R1-BP, R2-BP, R3-BP)
Zones
(a)
Those portions of the Zones Designated "R1, R2, R3", "C1" and "A" on Schedule "B" to By-law
1784 as are specified on Schedule "A-1" annexed to By-law # 2633-89 are hereby changed to
Residential Zone "R1-BP, R2-BP" and "R3-BP" respectively as shown on Schedule "A-1"
annexed to By-law # 2633-89.
(b)
No person shall use any land or erect or use a building or structure in any Zone designated
"R1-BP, R2-BP" and "R3-BP" unless such land is serviced by municipal water and sanitary
sewer facilities operated by the Regional Municipality of Durham and such building or other
structure is connected thereto.
(c)
Notwithstanding the provisions of subsection (b) of this Section 5A, the following shall be
permitted in any zone designation "R-BP" as aforesaid:
(i)
The erection and use of a single family dwelling on any parcel of land which
contained no habitable structure and was held under separate and distinct ownership
from abutting properties as of the 1st day of January, 1989, as shown by the records
of the applicable land registry office, provided that such erection and use are carried
out in accordance with all other provisions of this By-law 1784.
(ii)
The continuation, alteration or reconstruction of any single family dwelling that was in
existence as of the 1st day of January, 1989, provided that such alteration or
reconstruction is carried out in accordance with all other provisions of this By-law
1784; and,
(iii)
The erection and use of any accessory building or structure provided that such
building or structure is accessory to a residential use permitted hereunder.
(d)
Notwithstanding the provisions of subsection (b) of this Section 5A, the provisions of By-law
1784, as amended by the By-laws specified hereunder shall continue to apply to the lands
designated in such By-laws, namely, By-laws 1406-82 and 1634-84.
(e)
The respective Zone Provisions and other requirements of By-law 1784 apply to any
development or use of the lands designated in accordance with subsections (a) and (b) hereof
and, without limiting the generality of the foregoing, the "R1, R2" and "R3" Zone Provisions
apply to the areas designated as aforesaid as "R1-BP, R2-BP" and "R3-BP", respectively.
(f)
Exceptions
Notwithstanding the provisions of Section I, 5A(e) of By-law # 2633-89 and Schedule "A" to
By-law 1784, the following provisions for side yard width shall apply:
(i)
Interior Side Yard Width
Minimum
1.2 m
(ii)
Exterior Side Yard Width
Minimum
4.5 m
Notwithstanding Section 5 of By-law 1784 and Section I of By-law # 2633-89, the following
shall be permitted as an exception to the "R2-BP" Residential Zone on the property as is
specified on Schedule "A-11" annexed to By-law # 2633-89:
(1)
Uses Permitted
(a)
Non-Residential Uses
-
veterinary hospital and clinic
(2633-89)
(2633-89)
(2633-89)
Zoning By-Law 1784
Section 5A - 2
(b)
Prohibition
For the purposes of this By-law, veterinary hospital and clinic shall not
include the boarding of any animals outside a fully enclosed building, a pet
food store outlet or a clipping and grooming salon.
(2)
Zone Provisions
(a)
In accordance with the zone provisions of the "R2" Zone - Residential Use
of Schedule "A" to By-law 1784 shall apply except for minimum side yard
which will be 5.5 m and minimum rear yard which will be 12 m.
(b)
Parking and loading requirements shall be provided in accordance with
Sections 4 (n) and (o) of By-law 1784.
(1)
R2-BP-1: Exception 1
176 Way Street
(a)
Notwithstanding the provisions of Subsection 4(y)(b) i), in
any R2-BP-1 Zone the minimum rear yard setback to the
greenhouse existing at the date of passing of this By-law
shall be 1.0 m.
(4)
R3-BP-1: Exception 1
2 Duke Street
(1)
Uses Permitted
No person shall with any R3-BP-1 Zone, use any lot or
erect, alter or use any building or structures except in
accordance with one or more of the following uses:
-
all uses permitted in the R3-BP Zone
-
day nursery on the ground floor in the building
existing at the date of the passing of this By-law
(2)
Zone Provisions
Notwithstanding any provisions of this By-law to the
contrary, in any R3-BP-1 Zone, the following provisions
shall apply to any day nursery use listed in subsection (1)
above:
(a)
Floor Area Restriction
The ground floor area
devoted to a day
nursery shall be
restricted to a
maximum of 50 m2 of
the ground floor
(b)
Driveway Width
Minimum
6.0 m
(6073-08)
(6492-11)
Zoning By-Law 1784
Section 5B - 1
Section 5B
Residential (R1A*) Zone
No person shall use any lot, or erect or alter or use any building or structure in any `R1A*' Zone except
in accordance with the following uses and zone provisions:
(i)
Use Permitted
-
single detached dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
- interior
18 m
- corner
21.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
540 m2
(d)
Lot Coverage
Maximum for one storey dwelling units
40%
Maximum for a dwelling unit greater than one storey
33%
(e)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a garage or carport,
the entrance to which is from the front yard, shall be set back a
minimum distance from the front lot line of
5.5 m
(f)
Rear Yard
Minimum depth to any portion of a dwelling unit having a maximum
height of one storey
7.5 m
Minimum depth to any portion of a dwelling unit having a height greater
than one storey
10.0 m
Except where a rear yard abuts a 0.3 m reserve which abuts a street
having a planned width of 29 m or more the minimum depth shall be
15 m
(g)
Interior Side Yard
Minimum Width
1.0 m
Provided however, and notwithstanding the above,
(i)
the exterior wall of the second storey of any building shall be
set back a distance from the interior side lot line of at least
1.75 m
(ii)
the exterior wall of the third storey of any building shall be set
back a distance from the interior side lot line of at least
2.5 m
(iii)
where no garage or carport facilities are provided on the lot
then the minimum width of one of the interior side yards shall
be
4.5 m
(3337-93)
Zoning By-Law 1784
Section 5B - 2
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above provision, a garage
or carport, the entrance to which is from the exterior side yard shall be
set back from the exterior side lot line a minimum distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40% of the lot area
(j)
Height of Buildings
Maximum
8.5 m
(iii)
Exceptions
(1)
R1A*-1: Exception 1
Block 69 Plan 40M-2241, Camber Court
(a)
Notwithstanding any provisions of this By-law to the contrary, in any R1A*-1
Zone, the following provisions shall apply:
(i)
Lot Frontage
Minimum
9m
(2)
R1A*-2: Exception 2
Part of Lot 20, Concession 4
Plan of Subdivision SW-2007-01
(1)
Notwithstanding the Height of Buildings provision being Subsection 5B(ii)(j)
to By-law # 1784, in any R1A*-2 Zone, the maximum height of buildings shall
be 9.5.
(3)
R1A*-3: Exception 3
Hanover Court
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any R1A*-3
Zone, the following provisions shall apply:
(a)
Lot Coverage
Maximum
45%
(b)
Rear Yard
Minimum Depth
7.5m
(c)
Interior Side Yard
Minimum Width
1.2m
Provided further that the minimum setback to the
Canadian Pacific Railway property line shall be
25m
(6542-11)
(6207-09)
(7786-21)
Zoning By-Law 1784
Section 5C - 1
Section 5C
Residential (R2A*) Zone
No person shall use any lot, or erect or alter or use any building or structure in any `R2A*' Zone except
in accordance with the following uses and zone provisions:
(i)
Use Permitted
-
single detached dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
− interior
15 m
− corner
18.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
465 m
(d)
Lot Coverage
Maximum for one storey dwelling unit
40%
Maximum for dwelling unit greater than one storey
33%
Notwithstanding the lot coverage provisions the following may be permitted
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit.
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of an corner lot, an unenclosed porch or verandah
having up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or the exterior side yard area of the lot.
(e)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a garage or carport,
the entrance to which is from the front yard, shall be set back a
minimum distance from the front lot line of
5.5 m
(f)
Rear Yard
Minimum to any portion of a dwelling unit having a maximum height of
one storey
7.5 m
Minimum to any portion of a dwelling unit having a height greater than
one storey
10.0 m
(3338-93)
(3506-94)
Zoning By-Law 1784
Section 5C - 2
Except where a rear yard abuts a 0.3 m reserve which abuts a street
having a planned width of 29 m or more, or where a rear yard directly
abuts a street having a planned width of 29 m or more, the minimum
depth shall be
15 m
(g)
Interior Side Yard
Minimum Width
1.0 m
Provided however, and notwithstanding the above,
(1)
the exterior wall of the second storey of any building shall be
set back a distance from the interior side lot line of at least
1.75 m
(2)
the exterior wall of the third storey of any building shall be set
back a distance from the interior side lot line of at least
2.5 m
(3)
Repealed by By-law Amendment 3552-95
(4)
provided however and notwithstanding the above, where a
detached garage is provided in the rear yard or an attached
garage located to the rear of the main dwelling unit is provided
and no attached garage or carport is provided to the side or
front of the main dwelling unit the minimum width of the interior
side yard shall be as follows:
on the interior side containing the driveway to the detached
garage or an attached garage located to the rear of the main
dwelling unit
3.1 m
on the other side
1.2 m
(h)
Exterior Side Yard
Minimum Width
4.5 m
provided however, and notwithstanding the above provisions, a garage
or carport, the entrance to which is from the exterior side yard shall be
set back a minimum distance from the exterior side lot line of
5.5 m
(i)
Landscaped Open Space
Minimum
40% of the lot area
(j)
Height of Building
Maximum
8.5 m
(iii)
Exceptions:
(a)
R2A*-1: Exception 1
(i)
Notwithstanding any provisions of this By-law to the contrary,
the minimum lot depth shall be
24 m
(ii)
Notwithstanding any provisions of this By-law to the contrary,
the minimum rear yard setback shall be
7.0 m
(b)
R2A*-2: Exception 2
Notwithstanding the provisions of Section 5C(ii) of By-law # 1784 to the contrary, the
lands zoned "R2A*-2", as identified on Schedule "A-1" to By-law # 4622-00 shall have
the following exception:
(4417-99)
(5956-07)
(3552-95)
Zoning By-Law 1784
Section 5C - 3
(i)
All permanent buildings or structures shall be setback from the pipe line
right-of-way, as owned by Trans Canada Pipe Lines or any of its successors,
a minimum of 10.0 m from said right-of-way.
(c)
R2A*-4: Exception 4
Notwithstanding the provisions of Section 5 C (ii) (f) of By-law # 1784 to the contrary,
the lands zoned 'R2A*-4' as identified on Schedule A-1 attached to and forming part
of By-law # 5439-04, shall have the following exception:
(i)
all permanent buildings or structures, including in-ground swimming pools,
detached garages and sheds shall be setback from the pipeline right-of-way,
as owned by Trans Canada Pipe Lines or any of its successors, a minimum
of 10 m from said right-of-way.
(d)
R2A*-5: Exception 5
Notwithstanding the provisions of Section 5 C (ii) (g) of By-law # 1784 to the contrary,
the lands zoned 'R2A*-5' as identified on Schedule A-1 attached to and forming part
of By-law # 5439-04 shall have the following exception:
(i)
all permanent buildings or structures, including in-ground swimming pools,
detached garages and sheds shall be setback from the pipeline right-of-way,
as owned by Trans Canada Pipe Lines or any of its successors, a minimum
of 4.5 m from said right-of-way.
(e)
R2A*-6: Exception 6
(a)
Notwithstanding the zone provisions of Section 5C (ii) of By-law # 1784, the
following zone provisions shall apply on the land identified R2A*-6 and
identified as Parcel 3 on Schedule A-1" attached to and forming part of By-
law # 5587-05:
(i)
Lot Frontage
Minimum
16 m
(ii)
Exterior Side Yard
Minimum Width
5.0 m
(iii)
Height of Building
Minimum
2 storeys
(b)
Notwithstanding the zone provisions of Section 5C (ii) of By-law # 1784, the
following zone provisions shall apply on the land identified R2A*-6 and
identified as Parcel 4 on Schedule A-1" attached to and forming part of By-
law # 5587-05:
(i)
Front Yard
Minimum Depth
0.0 m
Maximum Depth
to the exterior wall of a habitable space
9.0 m
(ii)
Garage Location
Where a detached or attached garage is provided, it shall be
located in the rear yard only.
(f)
R2A*-8: Exception 8
19 Sandford Crescent
(i)
Notwithstanding the uses permitted in the R2A* Zone, in any R2A*-8 Zone
the following additional use shall be permitted:
(5439-04)
(6600-12)
(5439-04)
(6600-12)
(5587-05)
(6131-08)
Zoning By-Law 1784
Section 5C - 4
-
one accessory one bedroom dwelling unit
(ii)
Notwithstanding the parking area requirements of Section 4(n)(i)(a) to By-
law # 1784, in any R2A*-8 Zone a minimum of two parking spaces shall be
provided for the main dwelling unit, and a minimum of one additional parking
space shall be provided for the additional accessory dwelling unit.
(g)
R2A*-9: Exception 9
Part of Lot 20, Concession 4
Plan of Subdivision SW-2007-01
Thickson Road
(1)
Notwithstanding the Height of Buildings provision being Subsection 5C(ii)(j)
to By-law # 1784, in any R2A*-9 Zone the maximum height of buildings shall
be 9.5 m.
(h)
R2A*-10: Exception 10
Part of Lot 27, Concession 3
Plan of Subdivision SW-2007-02 and S-206-90
(1)
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any R2A*-10
Zone, the following provisions shall apply:
(a)
Lot Frontage
Minimum
-
Interior
15 m
-
corner
18 m
Notwithstanding provision (a) above, the minimum lot
frontage for the lots shown cross hatched on
Schedule A-1, shall be
8.0 m
(b)
Lot Coverage
Maximum
45%
Notwithstanding provision (b) above, the following
may be permitted:
(i)
a single storey covered and unenclosed
porch or verandah having no habitable
space above it to a maximum floor area of
20m2 provided it is located in the front yard
and / or exterior side yard area of the lot.
(c)
Rear Yard
Minimum Depth
7.5m
Notwithstanding provision (c) above, the minimum
rear yard depth for the portions of lots shown with
double-diagonal lines on Schedule A-1 shall be
7.0m
Notwithstanding provision (c) above, the minimum set
back for the portions of lots shown with double-
diagonal lines on Schedule A-1 for any accessory
building, structure or swimming pool or similar use
shall be
1.0 m
(d)
Interior Side Yard
Minimum Width
1.0m
Notwithstanding provision (d) above:
(6207-09)
(6684-12)
Zoning By-Law 1784
Section 5C - 5
(i)
the exterior wall of that portion of a dwelling
unit having a height greater than one storey
shall be set back a minimum distance from
the interior side lot line of
1.75m
Provided further and notwithstanding
provision (d) above, for any dwelling unit that
existed at the date of the passing of this By-
law for the lots shown cross hatched on
Schedule A-1:
(ii)
the minimum interior side yard width for a
one storey dwelling shall be
1.0m
(iii)
the minimum interior side yard width to the
exterior wall of that portion of a dwelling unit
having a height greater than one storey shall
be
1.5m
(e)
Height
Maximum
9.5m
Notwithstanding provision (e) above, in the case of a
gable, hip, gambrel or other sloped roof, the maximum
height for the lots shown with a dot pattern on Schedule
A-1 shall be calculated as the vertical distance between
the average elevation of the finished surface of the
ground at the sides of the building to the mean height
between the eaves and the highest ridge line of the roof,
exclusive of any accessory roof construction such as a
chimney, tower, steeple or antenna and such maximum
height shall be
10.5m
(i)
R2A*-11: Exception 11
68 Way Street
(1)
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any R2A*-11
Zone, the following provisions shall apply:
(a)
Lot Frontage
Minimum
4.5 m
(j)
R2A*-12: Exception 12
Part Lot 18, Concession 3
Plan of Subdivision SW-2013-01
(1)
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any R2A*-12
Zone the following provisions shall apply:
(a)
Lot Coverage
Maximum for one storey dwelling unit
40%
Maximum for dwelling unit greater than one storey
33%
Notwithstanding provision (a) above, a porch shall be permitted
subject to the following:
(i)
in the case of an interior lot:
(6683-12)
(6796-13)
Zoning By-Law 1784
Section 5C - 6
(a) the maximum height is one storey with no habitable
space above it
(b) the maximum floor area is 16m2
(c) the porch is located in the front yard
(k)
R2A*-13: Exception 13
Part of Lot 18, Concession 1
229 Kendalwood
(1)
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any R2A*-13
Zone, the following provisions shall apply:
(a)
Lot Frontage
Minimum
- Interior
19.5m
- Corner
21.0m
(b)
Front Yard
Minimum Depth
8.0m
(l)
R2A*-14: Exception 14
55 Garrard Road and Block 33 on Plan 40M-1315
1.
Defined Area
(a)
The lands located south of Burnage Lane and east of Garrard
Road, municipally known as 55 Garrard Road and Block 33 on Plan
40M-1315 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law
amendment shall be governed by the relevant provisions of By-law
#1784.
2.
Zone Provisions
(a)
Notwithstanding any provisions of this By-law to the contrary, in any
R2A*-14 Zone the following provisions shall apply:
(b)
Lot Coverage
Maximum
40%
(c)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the front
yard, shall be set back a minimum distance from the front
lot line of
5.8 m
(d)
Rear Yard
Minimum Depth
7.5 m
(e)
Interior Side Yard
Minimum Width
1.5 m
(f)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above provisions, a
garage or carport, the entrance to which is from the exterior side
yard shall be set back a minimum distance from the exterior side lot
line of
5.8 m
(7208-16)
(8101-24)
Zoning By-Law 1784
Section 5C - 7
(g)
Height of Building
Maximum
10.5 m
Provided that any third storey component of a dwelling unit shall be
incorporated into the roof structure.
3.
Zone Provisions That Do Not Apply
(a)
The following provisions shall not apply to the lands zoned R2A*-14
by this By-law amendment:
4(g)
Sight Triangles
4(m) Ten Per Cent (10%) of Every Lot
4(w) Satellite Dishes
Zoning By-Law 1784
Section 5D - 1
Section 5D
Residential (R2B*) Zone
No person shall use any lot, or erect or alter or use any building or structure in any `R2B*' Zone except
in accordance with the following uses and zone provisions:
(i)
Use Permitted
-
single detached dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
− interior
12 m
− corner
15.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
360 m2
(d)
Lot Coverage
Maximum for one storey dwelling units
45%
Maximum for a dwelling unit greater than one storey
40%
(e)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a garage or carport,
the entrance to which is from the front yard, shall be set back a
minimum distance from the front lot line of
5.5 m
(f)
Rear Yard
Minimum depth to any portion of a dwelling unit having a maximum
height of one storey
7.5 m
Minimum depth to any portion of a dwelling unit having a height greater
than one storey
10.0 m
Except in the case of a rear yard abutting a 0.3 m reserve which abuts a
street having a planned width of 29 m or more, the minimum depth shall
be
15 m
(g)
Interior Side Yard
Minimum Width
1.0 m
(i)
Provided however, and notwithstanding the above, the exterior
wall of the second and third storey of any building shall be set
back a distance from the interior side lot line of at least
1.5 m
(ii)
where no garage or carport facilities are provided on the lot,
then the minimum width of one of the interior side yards shall
be
4.5 m
(3337-93)
Zoning By-Law 1784
Section 5D - 2
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above provision, a garage
or carport, the entrance to which is from the exterior side yard, shall be
setback from the exterior side lot line a minimum distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40%
(j)
Height of Building
Maximum
8.5 m
(iii)
Exceptions
(a)
R2B* Residential - Exception 1
(i)
Any use, building or structure within a "R2B*-1" Zone shall be established in
accordance with the following provisions:
(a)
The zone provisions in an "R2B*" Zone shall apply to the lands
identified as the "Subject Property" on Schedule "A-1" annexed to
By-law # 4017-97, save and except for lot frontage, which shall be
a minimum of 9.0 m.
(b)
R2B*-2: Exception 2
(i)
Notwithstanding any provisions of this By-law to the contrary,
the minimum lot depth shall be
24 m
(ii)
Notwithstanding any provisions of this By-law to the contrary,
the minimum rear yard setback shall be
7.0 m
(d)
R2B*-4: Exception 4
Notwithstanding the provisions of Section 5D(ii) of By-law # 1784 to the contrary, the
lands zoned "R2B*-4", as identified on Schedule "A-1" to By-law # 4622-00 shall have
the following exception:
(i)
All permanent buildings or structures shall be setback from the pipe line
right-of-way, as owned by Trans Canada Pipe Lines or any of its successors,
a minimum of 10.0 m from said right-of-way.
(d)
R2B*-4: Exception 4
(i)
Notwithstanding the lot frontage provisions of Section 5D (ii)(a), and rear
yard setback provisions of Section 5D (ii)(f), Residential 'R2B*' Zone of By-
law # 1784, the following shall be permitted on those lands identified as
'R2B*-4' on Schedule "A-1" annexed to By-law # 4984-02:
(ii)
Lot Frontage
minimum
− Corner
13.5 m
(iii)
Rear Yard
minimum depth to any portion of a dwelling unit having a height
greater than 1 storey
8.0 m
(4017-97)
(4417-99)
(5956-07)
(4985-02)
(6600-12)
Zoning By-Law 1784
Section 5D - 3
(e)
R2B*-5: Exception 5
(i)
Notwithstanding the lot depth provisions of Section 5D (ii) (b) of By-law #
1784, as amended, the following shall apply to those lands zoned R2B*-5'
(a)
Lot Depth
Minimum
29 m
(ii)
Notwithstanding the definition of front lot line in Section 2 of By-law # 1784,
as amended, the following shall apply to the property identified with cross
hatching on Schedule "A-1" annexed to by-law # 5598-05:
(b)
The longer lot line that abuts the municipal street shall be defined
as the front lot line.
(e)
R2B*-5: Exception 5
Part of Lot 26, Concession 4, East of Baldwin Street South
Plan of Subdivision SW-2005-06 and SW-2012-01
(i)
Notwithstanding the zone provisions of Subsection 5D(ii), in any R2B*-5
Zone the following zone provisions shall apply:
(a)
Interior Side Yard
Where a garage is provided integral to the main dwelling unit, the
minimum width of the interior side yard shall be as follows:
−
on one side of the dwelling unit
0.6 m
−
on the other side of the dwelling unit
1.2 m
provided however, that the minimum distance
between dwelling units shall be
1.2 m
(b)
Rear Yard
The minimum depth to any portion of a
dwelling unit having a height greater than one
storey shall be
8.5 m
(ii)
Holding Provisions
(a)
No person shall use any lot or erect or alter or use any
building or structure in any H-R2B*-5 as shown on
Schedule "A-1" to this By-law, except in accordance with
the following uses:
-
bush or berry crop
-
field crop
(b)
A by-law shall not be enacted to remove the 'H' symbol
until such time as it has been demonstrated to the
satisfaction of the Town of Whitby that the poultry farm
adjacent to the plan of subdivision has ceased operation
and been removed or the operation or operational
techniques within the farm change sufficiently to mitigate
the effects of noise and odour to an acceptable level to
permit residential development.
(5598-05)
(6074-08)
(6278-09)
Zoning By-Law 1784
Section 5D - 4
(f)
R2B*-6: Exception 6
Montgomery Avenue
(i)
Notwithstanding the zone provisions of Subsection 5D(ii), in any R2B*-6
Zone the following zone provisions shall apply:
(a)
Height of Building
Maximum
7.5 m
Provided further that any building shall be restricted to one storey.
(g)
R2B*-7: Exception 7
Montgomery Avenue
(i)
Notwithstanding the zone provisions of Subsection 5D(ii), in any R2B*-7
Zone the following zone provisions shall apply:
(a)
Lot Depth
Minimum
29 m
(b)
Height of Building
Maximum
7.5 m
Provided further that any building shall be restricted to one storey.
(h)
R2B*-8: Exception 8
53 Ian Fleming Crescent
(i)
Notwithstanding the uses permitted in the R2B* Zone, in any R2B*-8 Zone
the following additional use shall be permitted.
-
one accessory dwelling unit.
(ii)
Section 4(u) Rooms Below Grade, shall not apply to the Subject Land.
(iii)
Notwithstanding the parking area requirements of Subsection 4(n)(i)(a) to
By-law # 1784, in any R2B*-8 Zone a minimum of two parking spaces shall
be provided for the main dwelling unit, and a minimum of one additional
parking space shall be provided for the accessory dwelling unit.
(i)
R2B*-9: Exception 9
Part of Lot 2-, Concession 4
Plan of Subdivision SW-2007-01
(1)
Notwithstanding the Height of Buildings provision being
Subsection 5D(ii)(j) to By-law # 1784, in any R2B*-9 Zone the
maximum height of buildings shall be
9.5m.
(j)
R2B*-10: Exception 10
Part of Lot 31 And 32, Concession 3
Plan of Subdivision SW-2004-04
Plan of Subdivision SW-2003-02
Plan of Subdivision 18T-94013
(1)
Notwithstanding the uses permitted and zone provisions of Section 5D to By-
law # 1784, in any R2B*-10 Zone, a detached garage shall be permitted
subject to the following:
(a)
the maximum floor area of the detached garage is 38 m2
(6073-08)
(6073-08)
(6181-09)
(6207-09)
(6206-09)
Zoning By-Law 1784
Section 5D - 5
(b)
the detached garage is situated in the rear yard
(c)
access to a public street from the detached garage situated in the
rear yard is by a driveway having a minimum width of 2.75 m
(d)
there is no garage or carport attached or integral to the dwelling
unit
(e)
the minimum width of the interior side yard of the dwelling unit is as
follows:
(i)
on the side with the driveway
3.1 m
(ii)
on the side without the driveway
0.6 m
Provided further, that where the exterior wall of the dwelling unit is
at the minimum interior side yard width of 0.6 m, then a minimum
setback of 1.6 m is required from the dwelling unit on the abutting
lot.
(2)
Notwithstanding the uses permitted and zone provisions of Section 5D to By-
law # 1784, in any R2B*-10 Zone a porch shall be permitted subject to the
following:
(a)
in the case of an interior lot:
(i)
the maximum height is one storey with no habitable
space above it
(ii)
the maximum floor area is 12 m2
(iii)
the porch is located in the front yard
(b)
in the case of a corner lot:
(i)
the maximum height is one storey with no habitable
space above it
(ii)
the maximum floor area is 20 m2
(iii)
the porch is located in the front yard or exterior side yard
(k)
R2B*-11: Exception 11
Part of Lots 4 and 5, Registered Plan #166
Plan of Subdivision SW-2012-04
1.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any
R2B*-11 Zone, the following provisions shall apply:
(a)
Lot Coverage
Maximum for one storey dwelling units
45%
Maximum for a dwelling unit greater than one storey
40%
Notwithstanding provision (a) above, the
following may be permitted:
(i)
a single storey covered and unenclosed
porch or verandah having no habitable
space above it to a maximum floor area of
20 m2 provided it is located in the front yard
and/or exterior side yard area of the lot
(6892-14)
Zoning By-Law 1784
Section 5D - 6
(b)
Rear Yard
Minimum depth to any portion of a dwelling unit
having a height greater than one storey
8.5 m
(c)
Interior Side Yard
Where a garage is provided integral to the
main dwelling unit, the minimum width of the
interior side yard shall be as follows:
-
on one side of the dwelling unit
1.2 m
-
on the other side of the dwelling unit
0.6 m
provided however, that the minimum distance
between dwelling units shall be
1.2 m
(d)
Height of Building
Maximum
9.0 m
(l)
R2B*-12: Exception 12
Part of Lot 20, Concession 4
Plan of Subdivision SW-2013-08
(1)
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any
R2B*-12 Zone, the following provisions shall apply:
(a)
Lot Frontage
Minimum
- interior
12 m
- corner
15 m
(b)
Lot Coverage
1.1
Maximum for one storey dwelling unit
45%
1.2
Maximum for dwelling unit greater than one
storey
40%
1.3
Notwithstanding provision (b)
above, the following may be
permitted:
(i)
a single storey covered and unenclosed porch or
verandah having no habitable space above it to a
maximum floor area of 20 m2 provided it is
located in the front yard and/or exterior side yard
area of the lot
(c)
Front Yard
Minimum Depth
4.5 m
Notwithstanding provision (c) above, a garage shall
be setback from the front lot line a minimum distance
of
5.8 m
(6952-15)
Zoning By-Law 1784
Section 5D - 7
(d)
Rear Yard
Minimum depth to any portion of a dwelling unit
having a maximum height of one storey shall be
7.5 m
Minimum depth to any portion of a dwelling unit
having a height greater than one storey
8.5 m
(e)
Exterior Side Yard
Minimum Width
4.5 m
Notwithstanding provision (e) above, a garage shall
be setback from the exterior side lot line a minimum
distance of
5.8 m
(f)
Height of Main Building
Maximum
9.5 m
(m)
R2B*-13: Exception 13
Part of Lot 22, Concession 3
Plan of Subdivision 18T-88028
1.
Defined Area
The lands located north of Dryden Boulevard and east of Anderson Street
and zoned R2B*-13 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law # 1784.
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any
R2B*-13 Zone, the following provisions shall apply:
(a)
Lot Coverage
Maximum
45 %
Notwithstanding provision (a) above, the following
may be permitted:
(i)
a single storey covered and unenclosed
porch or verandah having no habitable
space above it to a maximum floor area of
20 m2 provided it is located in the front yard
and/or exterior side yard area of the lot
(b)
Front Yard
Minimum Depth
4.5 m
Notwithstanding provision (b) above, a garage shall
be setback from the front lot line a minimum distance
of
5.8 m
(c)
Rear Yard
Minimum Depth
7.5 m
(7143-16)
Zoning By-Law 1784
Section 5D - 8
(d)
Interior Side Yard
Where a garage is provided integral to the main dwelling unit, the
minimum width of the interior side yard shall be as follows:
−
on one side of the dwelling unit
1.2 m
−
on the other side of the dwelling unit
0.6 m
provided however, that the minimum distance
between dwelling units shall be
1.2 m
(e)
Exterior Side Yard
Minimum Width
4.5 m
Notwithstanding provision (e) above, a garage shall
be setback from the exterior side lot line a minimum
distance of
5.8 m
(f)
Height of Main Building
Maximum
9.5 m
(m)
R2B*-14: Exception 14
Part of Lot 26, Concession 4
Plan of Subdivision SW-2017-02
1.
Defined Area
The lands located east of Baldwin Street South and north of Claridge
Crescent and zoned R2B*-14 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-law shall
be governed by the relevant provisions of By-law #1784.
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any
R2B*-14 Zone, the following provisions shall apply:
(a)
LOT COVERAGE
Maximum for one storey dwelling unit
45%
Maximum for dwelling unit greater than one storey
40%
Notwithstanding provision (a) above, the following may be
permitted:
(i)
In the case of an interior lot, a single storey covered and
unenclosed porch or verandah having no habitable space
above it to a maximum floor area of 12 m2 provided it is
located in the front yard area of the lot; and,
(ii)
In the case of a corner lot, a single storey covered and
unenclosed porch or verandah having no habitable space
above it to a maximum floor area of 20 m2 provided it is
located in the front and/or exterior side yard area of the lot
(7315-17)
Zoning By-Law 1784
Section 5D - 9
(o)
R2B*-15: Exception 15
Plan of Subdivision SW-2016-04
Aster Crescent
1.
Defined Area
The lands located on Aster Crescent and zoned R2B*-15 shall be subject to
the provisions hereinafter contained. Matters not specifically dealt with in this
By-law amendment shall be governed by the relevant provisions of By-law
#1784.
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, any
single detached dwelling situated within an R2B*-15 Zone shall be
established in accordance with the following provisions:
(a)
Lot Frontage
Minimum
11 m
(b)
Lot Depth
Minimum
25 m
(c)
Lot Coverage
Maximum
45%
Notwithstanding provision (c) above, the following may be
permitted:
(i)
a single storey covered and enclosed porch or verandah
having no habitable space above it to a maximum floor
area of 20m2 provided it is located in the front yard area of
the lot.
(d)
Rear Yard
Minimum
7.5 m
(e)
Interior Side Yard
Minimum
1.0 m
(f)
Landscaped Open Space
Minimum
30% of the lot area
Provided further and notwithstanding any provisions of Section 4
General Provisions and Section 4A Parking and Loading
Requirements regarding minimum landscaped open space in the
front yard or exterior side yard to the contrary, a minimum of 25% of
the front yard or exterior side yard area in which a driveway is
located must be maintained as landscaped open space.
(g)
Height of Building
Maximum
9.5 m
3.
Zone Provisions That Do Not Apply
The following provisions of By-law #1784 shall not apply to the lands zoned
R2B*-15
4(m) Ten Percent (10%) of Every Lot
4(w) Satellite Dishes
(7628-20)
Zoning By-Law 1784
Section 5E - 1
Section 5E
Residential (R2C*) Zone
No person shall use any lot, or erect or alter or use any building or structure in any `R2C*' zone except
in accordance with the following uses and zone provisions:
(i)
Use Permitted
-
single detached dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
- interior
10.5 m
- corner
14 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
315 m2
(d)
Lot Coverage
Maximum for one storey dwelling units
45%
Maximum for a dwelling unit greater than one storey
40%
(e)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a garage or carport,
the entrance to which is from the front yard shall be set back a minimum
distance from the front lot line of
5.5 m
(f)
Rear Yard
Minimum depth to any portion of a dwelling unit having a maximum
height of one storey
7.5 m
Minimum depth to any portion of a dwelling unit having a height greater
than one storey
10.0 m
Except in the case of a rear yard abutting a 0.3 m reserve which abuts a
street having a planned width of 29 m or more, the minimum depth shall
be
15 m
(g)
Interior Side Yard
Minimum Width
1.0 m
Provided however, and notwithstanding the above the exterior wall of
the second and third storey of any building shall be set back a distance
from the interior side lot line of at least
1.2 m
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above provision, a garage
or carport, the entrance to which is from the exterior side yard shall be
set back from the exterior side lot line a minimum distance of
5.5 m
(3337-93)
Zoning By-Law 1784
Section 5E - 2
(i)
Landscaped Open Space
Minimum
40%
(j)
Height of Building
Maximum
8.5 m
(iii)
Exceptions
(i)
R2C*-1: Exception 1
(a)
Notwithstanding any provision of this By-law to the contrary,
the minimum lot depth shall be
26.9 m
(b)
Notwithstanding any provision of this By-law to the contrary,
the maximum lot coverage for a one (1) or two (2) storey
dwelling, including covered and unenclosed porches, shall be
45%
(c)
Notwithstanding any provision of this By-law to the contrary,
the minimum interior side yard shall be
Where a garage is provided integral to the main dwelling unit,
the minimum width of the interior side yard shall be as follows:
−
on one side of the dwelling unit
0.6 m
−
on the other side of the dwelling unit
1.2 m
Provided however, that the minimum distance between
dwelling units shall be
1.2 m
(d)
Rear Yard
Minimum depth to any portion of a dwelling unit having a
maximum height of one storey or two storeys
7.5 m
Except in the case of a rear yard abutting a 0.3 m reserve
which abuts a street having a planned width of 29 m or more,
the minimum depth shall be
15 m
(ii)
R2C*-2: Exception 2
(a)
Notwithstanding any provision of this By-law to the contrary,
the maximum lot coverage for a one or two storey dwelling,
including covered and unenclosed porches, shall be
45%
(b)
Notwithstanding any provision of this By-law to the contrary,
the minimum interior side yard shall be:
Where a garage is provided integral to the main dwelling unit,
the minimum width of the interior side yard shall be as follows:
−
on one side of the dwelling unit
0.6 m
−
on the other side of the dwelling unit
1.2 m
Provided however, that the minimum distance between
dwelling units shall be
1.2 m
(5474-04)
(5582-05)
(5582-05)
Zoning By-Law 1784
Section 5E - 3
(c)
Rear Yard
Minimum depth to any portion of a dwelling unit having a
maximum height of one storey or two storeys
7.5 m
Except in the case of a rear yard abutting a 0.3 m reserve
which abuts a street having a planned width of 29 m or more,
the minimum depth shall be
15 m
(iii)
R2C*-3: Exception 3
Notwithstanding any other provision of this By-law, the provisions in this Section shall
apply to those lands identified as 'R2C*-3' on Schedule A-1, attached to and forming
part of By-law # 6010-07.
(a)
All residential dwellings, save and except for detached garages, storage
sheds, playhouses, swimming pools, and other similar necessary uses, shall
be setback from the Canadian Pacific Railway right-of-way a maximum of 30
m.
(b)
All other provisions of By-law # 1784, as amended shall apply.
(iv)
R2C*-4: Exception 4
Part of Lot 26, Concession 4, East of Baldwin Street South
Plan of Subdivision SW-2004-06
(a)
Notwithstanding the zone provisions of Subsection 5E(ii), in any R2C*-4 Zone
the following zone provisions shall apply:
(i)
Interior Side Yard
Where a garage is provided integral to the main
dwelling unit, the minimum width of the interior side
yard shall be as follows:
−
on one side of the dwelling unit
0.6 m
−
on the other side of the dwelling unit
1.2 m
provided however, that the minimum distance
between dwelling units shall be
1.2 m
(ii)
Rear Yard
The minimum depth to any portion of a dwelling unit
having a height greater than one storey shall be
8.5 m
(v)
R2C*-5: Exception 5
Part of Lot 31 And 32, Concession 3
Plan of Subdivision SW-2004-04
Plan of Subdivision SW-2003-02
Plan of Subdivision 18T-94013
(1)
Notwithstanding the uses permitted and zone provisions of Section 5E to By-
law # 1784, in any R2C*-5 Zone a detached garage shall be permitted
subject to the following:
(a)
the maximum floor area of the detached garage is 38 m2
(b)
the detached garage is situated in the rear yard
(6010-07)
(6074-08)
(6206-09)
Zoning By-Law 1784
Section 5E - 4
(c)
access to a public street from the detached garage situated in the
rear yard is by a driveway having a minimum width of 2.75 m
(d)
there is no garage or carport attached or integral to the dwelling
unit
(e)
the minimum width of the interior side yard of the dwelling unit is as
follows
(i)
on the side with the driveway
3.1 m
(ii)
on the side without the driveway
0.6 m
Provided further, that where the exterior wall of the dwelling unit is
at the minimum interior side yard width of 0.6 m, then a minimum
setback of 1.6 m is required from the dwelling unit on the abutting
lot.
(2)
Notwithstanding the uses permitted and zone provisions of Section 5E to By-
law # 1784, in any R2C*-5 a porch shall be permitted subject to the
following:
(a)
In the case of an interior lot:
(i)
the maximum height is one storey with no habitable space
above it
(ii) the maximum floor area is 12 m2
(iii) the porch is located in the front yard
(b)
In the case of a corner lot:
(i)
the maximum height is one storey with no habitable space
above it
(ii) the maximum floor area is 20 m2
(iii) the porch is located in the front yard or exterior side yard.
(vi)
R2C*-6: Exception 6
Part Lot 18, Concession 3
Plan of Subdivision SW-2013-01
(1)
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any R2C*-6
Zone the following provisions shall apply:
(a)
Lot Coverage
Maximum for one storey dwelling unit
45%
Maximum for dwelling unit greater than one storey
40%
Notwithstanding provision (a) above, a porch shall be permitted
subject to the following:
(i)
in the case of an interior lot:
(a) the maximum height is one storey with no habitable
space above it
(b) the maximum floor area is 12m2
(c) the porch is located in the front yard
Zoning By-Law 1784
Section 5E - 5
(ii)
in the case of a corner lot:
(a) the maximum height is one storey with no habitable
space above it
(b) the maximum floor area is 18m2
(c) the porch is located in the front yard and/or exterior
side yard
(vii)
R2C*-7: Exception 7
Part of Lot 26, Concession 4 Plan of Subdivision SW-2017-02
1.
Defined Area
The lands located east of Baldwin Street South and north of Claridge
Crescent and zoned R2C*-7 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law #1784.
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any
R2C*-7 Zone, the following provisions shall apply:
(a)
LOT COVERAGE
Maximum for one storey dwelling unit 45% Maximum for dwelling
unit greater than one storey 40% Notwithstanding provision (a)
above, the following may be permitted:
(i)
In the case of an interior lot, a single storey covered and
unenclosed porch or verandah having no habitable space
above it to a maximum floor area of 10 m2 provided it is
located in the front yard area of the lot; and,
(ii)
In the case of a corner lot, a single storey covered and
unenclosed porch or verandah having no habitable space
bove it to a maximum floor area of 17.5 m2 provided it is
located in the front and/or exterior side yard area of the lot
(viii)
R2C*-8: Exception 8
Part of Lot 26, Concession 3
1.
Defined Area
The lands located east of Old Colony Drive and zoned R2C*-8 shall be
subject to the provisions as hereinafter contained. Matters not specifically
dealt with in this By-law shall be governed by the relevant provisions of By-
law #1784.
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any
R2C*-8 Zone, the following provisions shall apply:
(a)
Lot Frontage
Minimum
10.4m
(7314-17)
(7315-17)
Zoning By-Law 1784
Section 5E - 6
(ix)
R2C*-9: Exception 9
Part of Lot 21, Concession 3 Plan of Subdivision SW-2016-02
1.
Defined Area
The lands located west of Thickson Road North and north of Rossland Road
East and zoned R2C*-9 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law # 1784.
2.
Zone Provisions
No person shall within any R2C*-9 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Lot Frontage
Minimum
- interior lot
10.5 m
- corner lot
14 m
Notwithstanding provision (a) above and
notwithstanding the definitions for corner lot and through
lot, the lot shown with double-diagonal lines on
Schedule A-1(a) to By-law #7344-17 shall be deemed to
be a corner lot and the minimum lot frontage for said
corner lot shall be
12 m
(b)
Lot Depth
Minimum
28 m
(c)
Lot Area
Minimum
315 m2
(d)
Lot Coverage
Maximum
52%
Provided further and in addition to provision (d) above:
(i)
a single storey covered and unenclosed porch or
verandah having no habitable floor area above situated
only in the front yard and/or exterior side yard area of a lot
may be permitted to a maximum floor area of 20 m2
(e)
Front Yard
Minimum Depth
4.5 m
(f)
Rear Yard
Minimum Depth
7.5 m
(g)
Interior Side Yard
Where a garage is provided integral to the main dwelling unit, the
minimum width of the interior side yard shall be as follows:
−
on one side of the dwelling unit
1.2 m
−
on the other side of the dwelling unit
0.6 m
provided however, that the minimum distance
between dwelling units shall be
1.2 m
(7344-17)
Zoning By-Law 1784
Section 5E - 7
(h)
Exterior Side Yard
Minimum Width
3 m
(i)
Landscaped Open Space
Minimum
30% of the lot area
Provided further and notwithstanding any provisions of Section 4
General Provisions and Section 4A Parking and Loading
Requirements regarding minimum landscaped open space in the
front yard or exterior side yard to the contrary, a minimum of 20% of
the front yard or exterior side yard area in which a driveway is
located must be maintained as landscaped open space.
(j)
Height of Main Building
Maximum
11 m
Notwithstanding provision (j) above, the maximum
main building height for the lots shown cross hatched
on Schedules A-1(a) and A-1(b) to By-law 7344-17
shall be
9.5 m
(k)
Sight Triangle and Visibility Triangle
(i)
A sight triangle shall be required only where a visibility
triangle abutting a corner lot has not been incorporated
into the right of way of a public street.
(ii)
Notwithstanding any other provision of this By-law to the
contrary, in a sight triangle no building, structure, fence,
wall, driveway, hedge, tree, shrub or other vegetative
planting or landscaping feature shall be erected,
maintained or permitted that has a height of greater than
0.9 metres above finished grade level.
(iii)
Where a corner lot abuts a visibility triangle the setback
provisions and minimum front yard landscaped open
space provisions shall be measured and/or calculated as if
the visibility triangle had not been conveyed, provided all
buildings are set back a minimum of 0.6 metres from the
visibility triangle with the exception that window sills, belt
courses, steps, cornices, eaves, and eave troughs may
project to within 0.3 metres of the lot line of the lot that
forms one of the sides of the visibility triangle.
(l)
Yard Encroachment Permitted
Notwithstanding any provisions of this By-law to the contrary,
including the provisions of subsection 4(y) Yard Encroachments
Permitted, in any R2C*-9 Zone, the provisions of subsection
14.2.15 of By-law #1784 shall apply.
(m)
Definitions
For the purpose of the interpretation of the various zone provisions
set forth above, the following definitions shall apply and where
there is a conflict between the definitions set forth hereunder and
those set forth in Section 2 of By-law #1784 the following definitions
shall apply:
Zoning By-Law 1784
Section 5E - 8
"Visibility Triangle" means a triangular area of land situated at the
Intersection of street lines abutting a corner lot that has been or will
be conveyed to a public authority and incorporated into the right of
way of a public street and is not a sight triangle.
(n)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R2C*-9 by this By-law;
4(g) Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
Zoning By-Law 1784
Section 5F - 1
Section 5F
Residential (R2D*) Zone
No person shall use any lot, or erect or alter or use any building or structure in any `R2D*' Zone except
in accordance with the following uses and zone provisions:
(i)
Use Permitted
-
single detached dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Lot Depth Minimum
− interior
9.5 m
− corner
13 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
285 m2
(d)
Lot Coverage
Maximum for one storey dwelling units
45%
Maximum for a dwelling unit greater than one storey
40%
Notwithstanding the above lot coverage provisions the following shall be
permitted:
A single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
In the case of an interior lot, an unenclosed porch or verandah
up to a maximum floor area of 9.0 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is
located in the front yard area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah
having up to a maximum floor area of 15.75 m2 shall be
permitted not-withstanding the lot coverage provisions
provided it is located in the front and/or exterior side yard are
of the lot.
(e)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a garage
shall be set back a minimum distance from the front lot line of
5.5 m
(3987-97)
Zoning By-Law 1784
Section 5F - 2
(f)
Rear Yard
Minimum depth to any portion of a dwelling unit having a
maximum height of one storey
7.5 m
Minimum depth to any portion of a dwelling unit having a height
greater than one storey
10.0 m
Except in the case of a rear yard abutting a 0.3 m reserve
which abuts a street having a planned width of 29 m or more,
the minimum depth shall be
15 m
(g)
Interior Side Yard
Where a detached single car garage is provided in the rear
yard, the minimum width of the interior side yard shall be as
follows:
−
on the interior side yard containing the driveway to the
detached garage
3.1 m
−
on the other side
0.6 m
Provided, however, that the exterior wall of the building set at
the minimum setback of 0.6 m is setback a minimum of 1.6 m
from the dwelling unit on the abutting lot.
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above provision, a
garage or carport, the entrance to which is from the exterior
side yard shall be set back from the exterior side lot line a
minimum distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40%
(j)
Height of Building
Maximum
8.5 m
(iii)
Exceptions
(a)
R2D*-1: Exception 1
(i)
Notwithstanding any provision of this By-law to the contrary the following
additional provisions shall apply to the lands zoned 'R2D*-1' as identified on
Schedule "A-1" annexed to By-law # 4790-01:
(a)
Front Yard
Where a garage is provided integral to the main
dwelling unit, the garage shall be setback a minimum
distance from the front lot line of
5.5 m
(4790-01)
Zoning By-Law 1784
Section 5F - 3
(b)
Interior Side Yard
Where a garage is provided integral to the main
dwelling unit, the minimum width of the interior side
yard shall be as follows:
−
on one side of the dwelling unit
1.2 m
−
on the other side of the dwelling unit
1.0 m
(c)
Garage Projection
Where a garage is provided integral to the main
dwelling unit, the maximum projection of the garage
from the front wall of the main dwelling unit shall be
1.5 m
Zoning By-Law 1784
Section 5G - 1
Section 5G
Residential (R2E*) Zone
No person shall use any lot, or erect or alter or use any building or structure in any 'R2E*' Zone except
in accordance with the following uses and zone provisions:
(i)
Use Permitted
-
single detached dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
− interior
8.0 m
− corner
11.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
− interior
240 m2
Minimum
− corner
345 m2
(d)
Lot Coverage
Maximum for one or two storey dwelling units, including covered and
unenclosed porches
45%
(e)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, an attached garage
shall be set back a minimum distance from the front lot line of
5.5 m
(f)
Rear Yard
Minimum depth to any portion of a dwelling unit having a maximum
height of one or two storeys
7.5 m
Except in the case of a rear yard abutting a 0.3 m reserve which abuts a
street having a planned width of 29 m or more, the minimum depth shall
be
15 m
(g)
Interior Side Yard
Where a garage is provided integral to the main dwelling unit, the
minimum width of the interior side yard shall be as follows:
−
on one side of the dwelling unit
0.6 m
−
on the other side of the dwelling unit
1.2 m
Provided however, that the minimum distance between dwelling units
shall be
1.2 m
(5474-04)
(5582-05)
(5582-05)
Zoning By-Law 1784
Section 5G - 2
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above provision, a garage
or carport, the entrance to which is from the exterior side yard shall be
set back from the exterior side lot line a minimum distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40%
(j)
Height of Building
Maximum
8.5 m
(iii)
Exceptions
R2E*-1: Exception 1
Part Lot 18, Concession 3
Plan of Subdivision SW-2013-01
(1)
Zone Provisions
Notwithstanding any of provisions this By-law to the contrary, in any R2E*-1 Zone the
following provisions shall apply:
(a)
Lot Coverage
Maximum
45%
Notwithstanding provision (a) above, a porch shall be permitted subject to
the following:
(i)
in the case of an interior lot:
(a) the maximum height is one storey with no habitable space
above it
(b) the maximum floor area is 9m2
(c) the porch is located in the front yard
(ii)
in the case of a corner lot:
(a) the maximum height is one storey with no habitable space
above it
(b) the maximum floor area is 16m2
(c) the porch is located in the front yard and/or exterior side yard
R2E*-2 - Exception 2
Plan of Subdivision SW-2023-01
Block 189, 40M1715
1.
Defined Area
The lands located east of Garrard Road and north of Eric Clarke Drive and zoned
R2E*-2 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law #1784.
2.
Zone Provisions
No person shall within any R2E*-2 Zone use any lot or erect, alter, or use any building
or structure except in accordance with the following provisions:
(8061-24)
Zoning By-Law 1784
Section 5G - 3
(a)
Lot Frontage
Minimum
- interior
8.0 m
- corner
11.2 m
(b)
Lot Area
Minimum
270 m2
(c)
Front Yard
Minimum Depth
3.0 m
Provided however, that an attached garage shall be set
back a minimum distance from the front lot line of
5.8 m
(d)
Rear Yard
Minimum
7.0 m
(e)
Interior Side Yard
Minimum
- on one side of the dwelling unit
0.6 m
- on the other side of the dwelling unit
1.2 m
(f)
Exterior Side Yard
Minimum
3.0 m
Provided however, that an attached garage shall be set
back a minimum distance from the exterior side lot line of
5.8 m
(g)
Landscaped Open Space
Minimum
25%
Provided however that a minimum of 20% landscaped open space shall be
maintained in the front yard or exterior side yard where a driveway is
located.
(h)
Height of Building
Maximum
12.0 m
Provided however that no dwelling unit shall be greater than three storeys in
height.
(i)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provision of subsection 4(y) Yard Encroachments
Permitted, provision (c) Decks, Porches, Steps, Patios and Balconies to the
contrary, the following provisions shall apply:
(i)
Decks, porches and patios are permitted to project from the exterior
wall of a dwelling unit provided they are set back a minimum
distance of 1.35 m from a street line.
(ii)
Steps are permitted to project provided they are setback a
minimum distance of 0.4 m from a street line.
(iii)
Decks and porches are permitted to project from the first storey of a
dwelling unit a maximum distance of 3.5 m from the rear main wall
of a dwelling unit.
(iv)
Balconies are permitted to project from the second and third
storeys of a dwelling unit a maximum distance of 1.5 m from the
rear main wall of a dwelling unit.
(v)
Stairs to a deck or porch are permitted provided they are setback a
minimum distance of 0.6 m from an exterior side lot line, interior
side lot line or rear lot line.
Zoning By-Law 1784
Section 5G - 4
(j)
Setback to a Visibility Triangle
Minimum
0.6 m
3.
Zone Provisions That Do Not Apply
The following provisions shall not apply to the lands zoned R2E*-2 by this By-law
amendment:
4(g)
Sight Triangles
4(m)
Ten Percent (%) of Every Lot
4(w)
Satellite Dishes
Zoning By-Law 1784
Section 5H - 1
Section 5H
Residential (R3A*) Zone
No persons shall use any lot, or erect or alter or use any building or structure in any `R3A*' Zone except
in accordance with the following uses and zone provisions:
(i)
Use Permitted
-
link dwelling
(i)
Zone Provisions
(a)
Lot Frontage
Minimum
− interior
9.0 m
− corner
12.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
270 m2
(d)
Lot Coverage
Maximum for one (1) or two (2) storey dwelling units, included covered
and unenclosed porches
45%
(e)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a garage or carport
the entrance to which is from the front yard, shall be set back from the
front lot line a minimum distance of
5.5 m
(f)
Rear Yard
Minimum depth to any portion of a dwelling unit having a maximum
height of one (1) storey or two (2) storeys
7.5 m
Except in the case of a rear yard abutting a 0.3 m reserve which abuts a
street having a planned width of 29 m or more the minimum depth shall
be
15 m
(g)
Interior Side Yard
0 m
Where a garage is provided integral to the main dwelling unit, the
minimum width of the interior side yard shall be as follows:
−
on one side of the dwelling unit
0.6 m
−
on the other side of the dwelling unit
1.2 m
Provided however, that the minimum distance between dwelling units
shall be
1.2 m
(3407-93)
(5474-04)
Zoning By-Law 1784
Section 5H - 2
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above, a garage or carport,
the entrance to which is from the exterior side yard shall be set back
from the exterior side lot line a minimum distance of
5.5 m
(i)
Height of Buildings
Maximum
8.5 m
(j)
Landscaped Open Space
Minimum
40%
Zoning By-Law 1784
Section 5I - 1
Section 5I
Residential (R3B*) Zone
No person shall use any lot or erect or alter to use any building or structure in any `R3B*' Zone
except in accordance with the following uses and zone provisions:
(i)
Use Permitted
-
semi-detached dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
− interior
18 m
− corner
21.5 m
Provided however, and notwithstanding the above provisions,
the minimum frontage for an interior lot for one of a pair of
semi-detached units shall be
7.5 m
and the minimum frontage for the corner lot of a pair of semi-
detached units shall be
12.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
The minimum lot area for a common pair of semi-detached
units shall be
540 m2
The minimum lot area for one of a pair of semi-detached units
shall
225 m2
(d)
Lot Coverage
Maximum for one storey dwelling units
45%
Maximum for two and three storey dwelling units
40%
(e)
Front Yard
Maximum Depth
8.5 m
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a garage or
carport, the entrance to which is from the front yard, shall be
set back from the front lot line a minimum distance of
5.5 m
(f)
Rear Yard
Minimum depth to any portion of a dwelling unit having a
maximum height of one storey
7.5 m
Minimum depth to any portion of a dwelling unit having a height
greater than one storey
10.0 m
Except in the case of a rear yard abutting a 0.3 m reserve
which abuts a street having a planned width of 29 m or more
the minimum depth shall be
15 m
(3337-93)
(5474-04)
Zoning By-Law 1784
Section 5I - 2
(g)
Interior Side Yard
In the case of a semi-detached dwelling with a common wall
dividing the units, the minimum interior sideyard setback
distance shall be
(i)
exterior wall of first storey
1.0 m
(ii)
exterior wall of second storey
1.2 m
(iii)
exterior wall of third storey
1.5 m
(iv)
where no attached garage or carport facilities are
provided
3.0 m
In the case of a semi detached dwelling with a connecting wall
between the units, the minimum interior sideyard setback
distance shall be
(v)
the exterior wall on the side where the unit is attached
below grade
0.5 m
(vi)
the exterior wall of the first storey on the side where
the unit is unattached
1.0 m
(vii)
the exterior wall of the second storey on the side
where the unit is unattached
1.0 m
(viii)
the exterior wall of the third storey on the side where
the unit is unattached
1.5 m
(ix)
where no attached garage or carport facilities are
provided
3.0 m
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above, a garage or
carport, the entrance to which is from the exterior side yard
shall be set back from the exterior side lot line a minimum
distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40%
(j)
Height Of Building
Maximum
8.5 m
(iii)
Exceptions
(i)
R3B*-1: Exception 1
Notwithstanding the provisions of Section 5H(ii) of By-law # 1784 to the
contrary, the lands zoned "R3B*-1", as identified on Schedule "A-1" to By-
law # 4622-00 shall have the following exception:
(i)
All permanent buildings or structures shall be setback from the pipe
line right-of-way, as owned by Trans Canada Pipe Lines or any of
its successors, a minimum of 10.0 m from said right-of-way.
(5956-07)
Zoning By-Law 1784
Section 5I - 3
(ii)
'R3B*-2': Exception 2
Notwithstanding any other provision of this By-law, the provisions in this
Section shall apply to those lands identified as 'R3B*-2' on Schedule A-1,
attached to and forming part of By-law # 6010-07.
(a)
All residential dwellings, save and except for detached garages,
storage sheds, playhouses, swimming pools, and other similar
necessary uses, shall be setback from the Canadian Pacific
Railway right-of-way a maximum of 30 m.
(b)
All other provisions of By-law # 1784, as amended shall apply.
(iii)
R3B*-3: Exception 3
Part of Lot 22, Concession 3
Plan of Subdivision 18T-88028
1.
Defined Area
The lands located north of Dryden Boulevard and east of Anderson
Street and zoned R3B*-3 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-
law shall be governed by the relevant provisions of By-law # 1784.
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary,
in any R3B*-3 Zone, the following provisions shall apply:
(a)
Lot Line Determination
For the lots situated along Dryden Boulevard, the lot line
adjacent to Dryden Boulevard, notwithstanding that a 0.3
m reserve abuts Dryden Boulevard, shall be deemed to be
the front lot line.
(b)
Lot Coverage
Maximum
45 %
Notwithstanding provision (a) above, the following may be
permitted:
(i)
a single storey covered and unenclosed porch or
verandah having no habitable space above it to a
maximum floor area of 20 m2 provided it is
located in the front yard and/or exterior side yard
area of the lot
(c)
Front Yard
Minimum Depth
4.5 m
Notwithstanding provision (c) above, a
garage shall be setback from the front lot line
a minimum distance of
5.8 m
(d)
Rear Yard
Minimum Depth
7.5 m
(6010-07)
(7143-16)
Zoning By-Law 1784
Section 5I - 4
(e)
Interior Side Yard
In the case of a semi-detached dwelling with
a connecting wall:
(i)
the minimum interior side yard
setback for the exterior wall on the
side where the dwelling unit is
attached below grade shall be
0.5 m
(ii)
the minimum interior side yard
setback for the exterior wall on the
side where the dwelling unit is
unattached shall be
1.0 m
(f)
Exterior Side Yard
Minimum Width
4.0 m
Notwithstanding provision (f) above, a
garage shall be setback from the exterior
side lot line a minimum distance of
5.8 m
(g)
Landscaped Open Space
Minimum
35 %
(h)
Height of Main Building
Maximum
9.5 m
Zoning By-Law 1784
Section 5J - 1
Section 5J
Residential (R3C*) Zone
No person shall use any lot or erect or alter any building or structure in any `R3C*' Zone except in
accordance with the following uses and zone provisions:
(i)
Use Permitted
-
common wall semi-detached dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
− interior
15 m
− corner
18.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
The minimum lot area for a common pair of semi-detached units shall
be
450 m2
The minimum lot area for one of a pair of semi-detached units shall be
225 m2
(d)
Lot Coverage
Maximum for one storey dwelling units
45%
Maximum for two and three storey dwelling units
40%
(e)
Front Yard
Maximum Depth
8.5 m
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a garage or carport,
the entrance to which is from the front yard, shall be set back from the
front lot line a minimum distance of
5.5 m
(f)
Rear Yard
Minimum depth to any portion of a dwelling unit having a maximum
height of one storey
7.5 m
Minimum depth to any portion of a dwelling unit having a height greater
than one storey
10.0 m
Except in the case of a rear yard abutting a 0.3 m reserve which abuts a
street having a planned width of 29 m or more the minimum depth shall
be
15 m
(4208-98)
(5474-04)
Zoning By-Law 1784
Section 5J - 2
(g)
Interior Side Yard
In the case of a semi-detached dwelling with a common wall dividing the units, the
minimum interior sideyard setback distance shall be,
(i)
exterior wall of first storey
1.0 m
(ii)
exterior wall of second storey
1.2 m
(iii)
exterior wall of third storey
1.5 m
(iv)
where no attached garage or carport facilities are provided
3.0 m
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above, a garage or carport,
the entrance to which is from the exterior side yard shall be set back
from the exterior side lot line a minimum distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40% of the lot area
(j)
Height of Building
Maximum
8.5 m
(iii)
Exceptions
(a)
R3C*-1 - Residential (R3C*) Zone - Exception 1
Part Of Lot 27, Concession 3
Block 62, Plan 40M-1743
(i)
For the purpose of interpretation for this specific by-law, the front yard
setback within the R3C*-1 Zone category shall be measured from the
Timber Mill Avenue street line and the rear yard setback within the R3C*-1
Zone category shall be measured from the Carrington Place street line.
(ii)
Notwithstanding Section 5I of By-law # 1784, the set back of a detached
garage to a street line at Carrington Place shall be a minimum of 3.5 m.
(iii)
Notwithstanding the above, all other provisions of Section 5I of By-law #
1784 shall apply.
(2)
R3C*-2 - Exception 2
Plan of Subdivision SW-2023-01
Block 189, 40M1715
1.
Defined Area
The lands located east of Garrard Road and north of Eric Clarke Drive and
zoned R3C*-2 shall be subject to the provisions as hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law #1784.
2.
Zone Provisions
No person shall within any R3C*-2 Zone use any lot or erect, alter, or use
any building or structure except in accordance with the following provisions:
(a)
Lot Frontage
Minimum
14.0 m
(5956-07)
(5129-02)
(8061-24)
(8061-24)
Zoning By-Law 1784
Section 5J - 3
(b)
Lot Area
The minimum lot area for a common pair of
semi-detached dwelling units shall be
360.0 m2
The minimum lot area for one of a pair of
semi-detached dwelling units shall be
180.0 m2
(c)
Front Yard
Minimum Depth
2.8 m
Provided however, that an attached garage
shall be set back a minimum distance from
the front lot line of
5.8 m
(d)
Rear Yard
Minimum
7.0 m
(e)
Interior Side Yard (on unattached side)
Minimum
0.6 m
(f)
Landscaped Open Space
Minimum per one of a pair of semi-detached dwelling units
20%
(g)
Height of Building
Maximum
12.0 m
Provided however, that the maximum building height for any lots
that abut lots that front onto Donald Wilson Street shall be two
storeys, and
Provided further that the maximum building height for any lots that
abut lots that front onto Eric Clarke Drive shall be three storeys
where any third storey component must be incorporated into the
roof structure.
(h)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provision of subsection 4(y) Yard
Encroachments Permitted, provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary, the following provisions shall
apply:
(i)
Decks, porches and patios are permitted to project from
the exterior wall of a dwelling unit provided they are set
back a minimum distance of 1.35 m from a street line.
(ii)
Steps are permitted to project provided they are setback a
minimum distance of 0.4 m from a street line.
(iii)
Decks and porches are permitted to project from the first
storey of a dwelling unit a maximum distance of 3.5 m
from the rear main wall of a dwelling unit.
(iv)
Balconies are permitted to project from the second and
third storeys of a dwelling unit a maximum distance of 1.5
m from the rear main wall of a dwelling unit.
Zoning By-Law 1784
Section 5J - 4
(v)
Stairs to a deck or porch are permitted provided they are
setback a minimum distance of 0.6 m from an exterior side
lot line, interior side lot line or rear lot line.
3.
Zone Provisions That Do Not Apply
The following provisions shall not apply to the lands zoned R3C*-2 by this
By-law amendment:
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(3)
R3C*-3 - Exception 3
Plan of Subdivision SW-2023-01
Block 189, 40M1715
1.
Defined Area
The lands located east of Garrard Road and north of Eric Clarke Drive and
zoned R3C*-3 shall be subject to the provisions as hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law #1784.
2.
Permitted Uses
No person shall within any R3C*-3 Zone use any lot or erect, alter or use
any building or structure except for one or more of the following uses:
-
back-to-back semi-detached dwelling
3.
Zone Provisions
No person shall within any R3C*-3 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Lot Frontage
Minimum
13.0 m
(b)
Lot Area
Minimum per individual dwelling unit
105 m2
(c)
Height
Maximum
12 m
Provided however that no dwelling unit shall be
greater than three storeys in height.
(d)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an
elevator penthouse, mechanical room, stair tower, roof top access
room and any architectural or landscape features shall not exceed
3 m
(e)
Front Yard
Minimum Depth
2.8 m
Provided however, that an attached garage shall
be set back a minimum distance from the front lot
line of
5.8 m
(8061-24)
Zoning By-Law 1784
Section 5J - 5
(f)
Exterior Side Yard
Minimum
3.0 m
(g)
Rear Yard
Minimum
0.0 m
(h)
Interior Side Yard (on unattached side)
Minimum
0.6m
(i)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provision of subsection 4(y) Yard
Encroachments Permitted, provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary, the following provisions shall
apply:
(i)
Decks, porches and patios are permitted to project from the exterior
wall of a dwelling unit provided they are set back a minimum
distance of 1.35 m from a street line.
(ii)
Steps are permitted to project provided they are setback a
minimum distance of 0.4 m from a street line.
(j)
Setback to a Visibility Triangle
Minimum
0.6 m
4.
Zone Provisions That Do Not Apply
The following shall not apply to the lands zoned R3C*-3 by this By-law
amendment:
4(g)
Sight Triangles
4(m) Ten Percent of Every Lot
4(w) Satellite Dishes
5.
Definitions
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where there is a conflict
between the definitions set forth hereunder and those set forth in Section 2
of By-law #1784, the following definitions shall apply:
"Back-to-Back Semi-Detached Dwelling" means a building on a lot or lots
divided vertically by common walls, including a common rear wall, containing
four dwelling units and each dwelling unit has an independent entrance from
the outside.
Zoning By-Law 1784
Section 5K - 1
Section 5K
Residential (R3D*) Zone
(a) No person shall use any lot or part of a lot or erect or alter or use any building or structure in the "R3D*"
Zone except in accordance with the following uses and zone provisions:
(i)
Uses Permitted
-
low density cluster dwellings
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
45 m
(b)
Lot Area
Minimum
1.0 ha
(c)
Lot Coverage
Maximum
35%
(d)
Density
The maximum number of dwelling units permitted within
an 'R3D*' Zone shall be
9 units per net ha
(e)
Height
Maximum
2 storeys
(f)
Setbacks
(a)
The minimum building setback from a street line
or a 0.3 m reserve to the nearest portion of a
dwelling unit cluster shall be
10.0 m from a local or
collector road and 15m
from an arterial road
Provided however, and notwithstanding the above, the
minimum distance from a street line to the nearest portion of a
dwelling unit cluster may be reduced to a minimum 5.0 m
setback provided a private amenity space of 30 m2, and which
has a minimum linear dimension of 4.5 m on one side, is
provided adjacent to the dwelling unit cluster on the side of the
dwelling unit cluster which faces an internal roadway.
(b)
The minimum distance from a property line other than a street
line or a 0.3 m reserve to the nearest portion of a dwelling unit
cluster shall be
7.5 m
Provided however, and notwithstanding the above the
minimum distance from a property line other than a street line
or a 0.3 m reserve to the nearest portion of the end wall of a
dwelling unit cluster shall be
2.0 m
(i)
The minimum distance from a property line to the
nearest portion of a detached garage shall be
5.5 m
(4208-98)
(5474-04)
(4622-00)
Zoning By-Law 1784
Section 5L - 2
(g)
Distance Between Buildings On The Same Lot
(a)
The minimum distance between the end walls of separate
dwelling unit clusters shall be
3.0 m
(b)
The minimum distance between the end wall of a dwelling unit
cluster and a wall other than an end wall of a dwelling unit
cluster shall be
9.5 m
(c)
The minimum distance between walls other than the end walls
on separate dwelling unit clusters shall be
15 m
(d)
The minimum distance between a detached garage and a
dwelling unit cluster shall be
5.0 m
(e)
The minimum distance between an activity building and an end
wall of a dwelling unit cluster shall be
5.0 m
(f)
The minimum distance between an activity building and a wall
other than an end wall of a dwelling unit cluster shall be
9.5 m
(h)
Internal Roadway
(i)
Minimum Width
8.5 m
(ii)
The minimum distance from an internal roadway to the nearest
portion of a dwelling unit cluster shall be
4.5 m
(iii)
The minimum distance from an internal roadway to the nearest
portion of a detached garage shall be
5.5 m
(i)
Landscaped Open Space
Minimum
40% of the lot area
(j)
Private Amenity Space
Minimum Area
30 m2 per dwelling unit
(k)
Parking
Repealed by By-law 6925-14
(iii)
Exceptions
(a)
R3D*-1: Exceptions 1
Repealed by By-Law 6206-09
(b)
'R3D*-2' Low Density Cluster Dwelling Residential Zone - Exception 2
(i)
Notwithstanding the lot frontage provisions of Section 5J (ii)(a) and the lot
area provisions of Section 5J (ii)(b) of 'R3D*' Zone of By-law 1784, the
following zone provisions shall be permitted on those lands identified as
'R3D*-2" on Schedule "A-1" annexed to By-law # 5168-02:
(a)
Lot Frontage
Minimum
24 m
(b)
Lot Area
Minimum
0.15 hectares
(ii)
The permitted uses for the lands zoned 'R3D*-2/I*' as identified on Schedule
"A-1" annexed to By-law 5168-02 shall be developed for either Low Density
Cluster Dwellings or Institutional uses within By-law # 1784 as amended.
(4832-01)
(5956-07)
Zoning By-Law 1784
Section 5L - 1
Section 5L
Residential (R4A*) Zone
No person shall use any lot, or erect or alter or use any building or structure in any R4A*' Zone except in
accordance with the following uses and zone provisions.
(i)
Uses Permitted
-
activity building
-
block townhouse dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
60 m
(b)
Lot Area
Minimum
0.4 ha
(c)
Coverage
Maximum
35%
(d)
Density
Maximum
39 units per net ha
(e)
Yards
(i)
The minimum distance from a street line or a 0.3 m reserve to
the nearest portion of a block townhouse dwelling shall be
10.0 m
Provided however, and notwithstanding the above, the
minimum distance from a street line to the nearest portion of
the block townhouse dwelling may be reduced to a minimum
5.0 m setback provided a private amenity space of 30 m2, and
which has a minimum linear dimension of 4.5 m on one side, is
provided adjacent to the block townhouse dwelling unit on the
side of the block townhouse dwelling unit which faces an
internal roadway.
(ii)
The minimum distance from a property line other than a street
line or a 0.3 m reserve to the nearest portion of a block
townhouse dwelling shall be
7.5 m
Provided however, and notwithstanding the above the
minimum distance from a property line other than a street line
or a 0.3 m reserve to the nearest portion of the end wall of a
block townhouse dwelling shall be
2.0 m
(iii)
The minimum distance from a property line to the nearest
portion of a detached garage shall be
5.5 m
(f)
Distance Between Buildings On The Same Lot
(i)
The minimum distance between the end walls of separate
block townhouse dwellings shall be
3.0 m
(ii)
The minimum distance between the end wall of a block
townhouse dwelling and a wall other than an end wall on a
separate block townhouse dwelling shall be
9.5 m
(3337-93)
(4208-98)
(4622-00)
Zoning By-Law 1784
Section 5L - 2
(iii)
The minimum distance between walls other than the end walls
on separate block townhouse dwellings shall be
15 m
(iv)
The minimum distance between a detached garage and a
block townhouse dwelling unit shall be
5.0 m
(v)
The minimum distance between an activity building and an end
wall of a block townhouse dwelling shall be
5.0 m
(vi)
The minimum distance between an activity building and a wall
other than an end wall of a block townhouse dwelling shall be
9.5 m
(g)
Internal Roadway
(i)
The minimum width of an internal roadway shall be
8.5 m
(ii)
The minimum distance from an internal roadway to the nearest
portion of a block townhouse dwelling shall be
4.5 m
(iii)
The minimum distance from an internal roadway to the nearest
portion of a detached garage shall be
5.5 m
(h)
Landscaped Open Space
Minimum
50% of lot area
(i)
Private Amenity Space
Minimum Area
30 m2 per dwelling unit
(j)
Height Of Buildings
Maximum
9.5 m
(k)
Parking
Repealed by By-law 6925-14
(iii)
Exceptions
(a)
R4A*-1: Exception 1
Notwithstanding the provisions of Section 5K(ii) of By-law # 1784 to the contrary, the
lands zoned "R4A*-1", as identified on Schedule "A-1", to By-law # 4622-00 shall
have the following exception:
(i)
All permanent buildings or structures shall be setback from the pipe line
right-of-way, as owned by Trans Canada Pipe Lines or any of its successors,
a minimum of 10.0 m from said right-of-way.
(b)
R4A*-2: Exception 2
Notwithstanding the permitted uses found in Section 5K(ii) Zone provisions of By-law
# 1784, the following shall apply for the lands identified on Schedule A-1 attached to
and forming part of this By-law # 5509-04.
Zone Provisions
(a)
Lot Frontage
minimum
100 m
(b)
Lot Area
minimum
3.62 ha
(5956-07)
(5509-04)
(6600-12)
Zoning By-Law 1784
Section 5L - 3
(c)
Coverage
maximum
40%
(d)
Density
maximum
45 units per net ha
(e)
Yards
(i)
The minimum distance from a street line or a 0.3
metre reserve to the nearest portion of a block
townhouse dwelling shall be
3 m
(ii)
The minimum distance from a property line other than
a street line or a 0.3 metre reserve to the nearest
portion of a block townhouse dwelling shall be
3 m
(f)
Distance Between Buildings On The Same Lot
(i)
The minimum distance between the end walls of
separate block townhouse dwellings shall be
2.5 m
(ii)
The minimum distance between walls other than the
end walls on separate block townhouse dwellings
shall be
7 m
(iii)
The minimum distance between walls other than an
end wall providing access to a garage shall be
12 m
(iv)
The minimum distance between walls other than an
end wall having no contained access to a garage
shall be
15 m
(g)
Internal Roadway
(i)
The minimum width of an internal roadway shall be
6.5 m
(ii)
The minimum distance from an internal roadway to
the nearest portion of a block townhouse dwelling
shall be
2.5 m
(h)
Landscaped Open Space
Minimum
28% of the lot area
(i)
Section 4(y)(d)(c) of By-law # 1784, as amended, shall not
apply to the subject property.
(j)
Height of Buildings
Maximum
9.5 m
(k)
Parking
The parking provisions found in Section 4 of By-law
# 1784, as amended, shall apply
The minimum distance between a visitor parking area and the
nearest portion of block townhouse dwelling shall be
2 m
Zoning By-Law 1784
Section 5L - 4
(l)
Block Townhouse Definition
Notwithstanding Section 2 (Definitions) in By-law Number 1784, as
amended, the definition for a block townhouse dwelling shall be amended to
permit a minimum of three (3) and a maximum of nine (9) block townhouse
dwelling units
(c)
R4A*-3: Exception 3
Plan of Subdivision SW-2008-03
Civic Centre Drive
(i)
Defined Area
The lands located west of Civic Centre Drive and north of Kenneth Hobbs
Avenue and zoned R4A*-3 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law # 1784.
(ii)
Uses Permitted
No person shall within any R4A*-3 Zone use any lot or erect, alter or use any
building or structure for any purpose except on or more of the following uses:
-
activity building
-
back to back townhouse dwelling
-
block townhouse dwelling
(iii)
Zone Provisions
No person shall within any R4A*-3 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784, and not withstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R4A*-3 by this By-law shall be
considered to be one lot.
(b)
Lot Frontage
Minimum
30 m
(c)
Lot Area
Minimum
0.4 ha
(d)
Lot Coverage
Maximum
55%
Notwithstanding provision (d) above, a deck, porch, step, patio or
balcony shall not be included in the calculation of maximum lot
coverage.
(6985-15)
Zoning By-Law 1784
Section 5L - 5
(e)
Yards
(i)
The minimum distance from a street line or
0.3 m reserve along Civic Centre Drive to the
nearest portion of a main wall of the main
building shall be
4.0 m
(ii)
The minimum distance from a street line or
0.3 m reserve along Kenneth Hobbs Avenue
or any other street line to the nearest portion
of a main wall of a main building shall be
3.0 m
(iii)
The minimum distance from a property line
other than a street line to the nearest portion
of a main wall of a main building shall be
2.0 m
(iv)
The minimum distance from a daylight
triangle that has been or will be dedicated to
a public authority and incorporated into a
street to the nearest portion of a main wall of
a main building measured perpendicular
from the lot line that forms a portion of a
daylight triangle shall be
2.0 m
(f)
Separation Distance Between Buildings
(i)
The minimum separation distance between
end walls of separate main buildings shall be
3.0 m
(ii)
Notwithstanding provision (f)(i) above, the
minimum separation distance between end
walls of separate main buildings may be
reduced to 2.3 m for wall projections
screening or enclosing equipment such as
air conditioners, heat exchangers and utility
meters.
(g)
Internal Roadway
(i)
Minimum Width
6.0 m
(ii)
The minimum separation distance from the
end wall of a main building to an aisle and/or
driveway shall be
2.0 m
(iii)
The minimum separation distance from a
private garage, a carport or an unenclosed
surface parking space that is integral to
and/or serving a dwelling unit to an aisle
and/or driveway shall be
2.75 m
(h)
Landscaped Open Space
Minimum
30%
(i)
Height of Buildings
Maximum
3 storeys
Zoning By-Law 1784
Section 5L - 6
(j)
Parking Requirements
(i)
Number of Parking Spaces
-
With an integral garage and
related driveway
2 spaces per unit plus
0.25 spaces per unit
dedicated for visitor's
parking
(ii)
Location of Parking Area and/or Parking Spaces
Any parking area and/or parking spaces shall be set back a
minimum distance of 2.5 m from any street line, 2.0 m from
any main building, and 1.0 m from any other lot line.
(k)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary:
(i)
Decks, porches, patios and balconies are permitted to
project from the main wall of a dwelling unit provided they
are set back a minimum distance of 2.0 m from a street
line or aisle and/or driveway and 1.0 m from a lot line that
forms a portion of a daylight triangle.
(ii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line or aisle
and/or driveway.
(l)
Accessory Structure and/or Activity Building
Notwithstanding the definitions of Accessory Structure and Activity
Building in Section 2 Definitions of this By-law to the contrary, an
accessory structure and/or activity building may be attached to a
main building and may be used to house and store equipment and
utility devises related to the principal uses on the lot.
(m)
Definitions
For the purpose of the interpretation of the various zone provisions
set forth above, the following definitions shall apply and where
there is a conflict between the definitions set forth hereunder and
those set forth in Section 2 of By-law #1784 the following definitions
shall apply:
"Dwelling, Back to Back Townhouse" means a building
containing a minimum of 6 and no more than 16 dwelling units that
are divided vertically by common walls, including a common rear
wall, and whereby each dwelling unit has an independent entrance
from the outside.
Zoning By-Law 1784
Section 5L - 7
(p)
Zoning Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4A*-3 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(d)
R4A*-4: Exception 4
Plan of Subdivision SW-2008-03
Civic Centre Drive
(i)
Define Area
The lands located west of Civic Centre Drive and south of Kenneth Hobbs
Avenue and zoned R4A*-4 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law # 1784.
(ii)
Uses Permitted and Zone Provisions
The Uses Permitted and related Zone Provisions within a R4A*-4 Zone shall
be the same as those set out in the R4A*-3 Zone.
(e)
R4A*-5: Exception 5
Part of Lot 21, Concession 3 Plan of Subdivision SW-2016-02
1.
Defined Area
The lands located west of Thickson Road North and north of Rossland Road
East and zoned R4A*-5 shall be subject to the provisions hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law # 1784.
2.
Zone Provisions
No person shall within any R4A*-5 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law # 1784, and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C.P.13 as amended from time to time,
or the registration of any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R4A*-5 by this By-law shall be
considered to be one lot.
(b)
Lot Frontage Minimum
60 m
(c)
Lot Area Minimum
0.4 ha
(6985-15)
(7344-17)
Zoning By-Law 1784
Section 5L - 8
(d)
Lot Coverage
Maximum
50%
Notwithstanding provision (c) above, a deck, porch, step, patio or
balcony shall not be included in the calculation of maximum lot
coverage.
(e)
Density Minimum
30 units per ha
Maximum
65 units per ha
(f)
Front Yard
Minimum Depth
10 m
(g)
Rear Yard
Minimum Depth
6 m
(h)
Interior Side Yard
Minimum Width
1.5 m
(i)
Separation Distance Between Buildings
The minimum separate distance above finished grade
between end walls of separate block townhouse
dwellings shall be
3 m
Notwithstanding provision (i) above, the minimum separation
distance between end walls of separate block townhouse dwellings
may be reduced to 2.2 m for wall projections screening or enclosing
equipment such as air conditioners, heat exchangers and utility
meters.
(j)
Height of Main Building
Maximum
12 m
(k)
Yard Encroachment Permitted
Notwithstanding any provisions of this By-law to the contrary,
including the provisions of subsection 4(y) Yard Encroachments
Permitted, in any R4A*-5 Zone, the provisions of subsection
14.2.15 of By-law #1784 shall apply.
(l)
Accessory Structure
Notwithstanding the definition of Accessory Structure in Section 2
Definitions of this By-law to the contrary, an accessory structure
may be attached to a main building and may be used to house and
store equipment and utility devises related to the principal uses on
the lot. The maximum height of an accessory structure measured
from grade level to the ridge of any roof structure shall be 4.5 m
(m)
Location of Parking
Notwithstanding the provisions of subsection 4A 3.1(d) a surface
parking area including any required visitors parking spaces may be
permitted in the front yard provided that any such parking area and
required visitors parking spaces shall be set back a minimum
distance of 2.5 m from a street line.
Zoning By-Law 1784
Section 5L - 9
(n)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4A*-5 by this By-law:
4(m)
Ten Percent (%) of Every Lot
4(w)
Satellite Dishes
(f)
R4A*-6: Exception 6
4070 and 4080 Garrard Road
Plan of Subdivision SW-2017-04
1.
Define Area
The lands located west of Garrard Road and south of Birchpark Drive and
zoned R4A*-6 shall be subject to the provisions as hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any R4A*-6 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
uses:
-
block townhouse dwelling
3.
Zone Provisions
No person shall within any R4A*-6 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784, and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C.P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R4A*-6 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
Notwithstanding the definition of front lot line, the lot line abutting
Garrard Road shall be deemed the front lot line and the lot line
opposite the front lot line shall be deemed the rear lot line. The lot
line abutting Birchpark Drive shall be deemed the exterior side lot
line. All other lot lines shall be deemed to be interior lot lines.
(c)
Number of Dwelling Units
Maximum
14 units
(d)
Lot Coverage
Maximum
40%
Notwithstanding provision (d) above, a deck, porch, step,
patio or balcony shall not be included in the calculation of
maximum lot coverage.
(7383-18)
Zoning By-Law 1784
Section 5L - 10
(e)
Landscaped Open Space
Minimum
30%
(f)
Front Yard Depth
Minimum
3.0 m
(g)
Rear Yard Depth
Minimum
7.5 m
(h)
Interior Side Yard
Minimum
1.8 m
(i)
Exterior Side Yard
Minimum
3.0 m
Notwithstanding provision (i) above, the minimum depth to
an accessory structure used to house utility devices
related to the principal uses on the lot and attached to a
main building shall be
2.0 m
(j)
Height of Building
Maximum
3 storeys
(k)
Separation Distance Between Buildings
(i)
The minimum separation distance above finished
grade between separate block townhouse
dwellings shall be
15.0 m
(l)
Setback to Aisle and/or Driveway
(i)
The minimum separation distance from the end
wall of a building to an aisle and/or driveway shall
be
2.0 m
(m)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provision of subsection 4(y) Yard
Encroachments Permitted, provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary, the following provisions shall
apply to a Parcel of Tied Land;
(i)
Decks, porches, patios and balconies are permitted to
project from the main wall of a dwelling unit provided they
are set back a minimum distance of 1.5 m from a street
line, aisle or driveway.
(ii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line, aisle or
driveway.
(iii)
Decks, porches, steps and balconies are permitted to
project from the first storey of a dwelling unit a maximum
distance of 3.5 m from the rear main wall of a dwelling
unit.
(iv)
Decks, porches, steps, and balconies are permitted to
project from the second storey of a dwelling unit a
maximum distance of 1.5 m from the rear main wall of a
dwelling unit.
Zoning By-Law 1784
Section 5L - 11
(n)
Setback to a Visibility Triangle
Minimum
0.0 m
(o)
Accessory Structure
Notwithstanding the definition of Accessory Structure, an accessory
structure may be attached to a main building and may be used to
house and store equipment and utility devices related to the
principal uses on the lot.
The maximum height of an accessory structure measured
from grade level to the ridge of any roof structure shall be
4.5 m
(p)
Zoning Provisions that Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4A*-6 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent of Every Lot
4(w) Satellite Dishes
(g)
R4A*-7: Exception 7
Block 69 Registered Plan 40M-2428 and Part of Lot 22, Concession 1 (201
Hopkins Street)
1.
Defined Area
The lands located south of Nichol Avenue and east of Hopkins Street and
zoned R4A*-7 shall be subject to the provisions as hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any R4A*-7 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
uses:
-
activity building
-
block townhouse dwelling
-
one residential sales office for the sale of dwelling units proposed for
development on the subject land
3.
Zone Provisions
No person shall within any R4A*-7 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law # 1784, and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C.P.13 as amended from time to time,
or the registration of any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R4A*-7 by this By-law shall be
considered to be one lot.
(7603-20) LPAT
Zoning By-Law 1784
Section 5L - 12
(b)
Lot Line Determination
The lot line abutting Nichol Avenue shall be deemed the front lot
line and the lot line abutting Hopkins Street shall be deemed the
exterior side lot line. All other lot lines shall be deemed to be
interior lot lines.
(c)
Block Townhouse Dwelling Definition
Notwithstanding the definition of block townhouse dwelling in
Section 2 Definitions of By-law # 1784 to the contrary, a block
townhouse dwelling contains a minimum of three dwelling units and
a maximum of nine dwelling units.
(d)
Density
Minimum
30 units per ha
Maximum
65 units per ha
(e)
Number of Dwelling Units
Maximum
52 units
(f)
Lot Coverage
Maximum
50%
Notwithstanding provision (f) above, a deck, porch, step,
patio or balcony shall not be included in the calculation
of maximum lot coverage.
(g)
Landscaped Open Space
Minimum
30% of lot area
(h)
Front Yard
Minimum Depth
3.0 m
(i)
Exterior Side Yard
Minimum Width
3.0 m, following any future road
widening as determined by the
Region of Durham prior to final
Site Plan Approval
(j)
Interior Side Yard
Minimum Width
7.9 m
(k)
Setback to a Visibility Triangle
Minimum
2.0 m
(l)
Separation Distance Between Buildings
The minimum separate distance above finished grade
between end walls of separate block townhouse
dwellings shall be
3.0 m
Notwithstanding provision (l) above, the minimum
separation distance between end walls of separate
block townhouse dwellings may be reduced to 2.2 m for
wall projections screening or enclosing equipment such
as air conditioners, heat exchangers and utility meters.
Zoning By-Law 1784
Section 5L - 13
(m)
Height of Buildings
Maximum
4 storeys
Provided however that: (i) the maximum height of the
end dwelling unit in each block townhouse dwelling
that is closest to the interior lot line abutting the lots
that front onto Gallimere Court shall be three (3)
storeys; and (ii) the maximum height of the
townhouse blocks that do not abut the front lot line or
the exterior side lot line shall be three (3) storeys.
(n)
Accessory Structure
Notwithstanding the definition of Accessory Structure in
Section 2 Definitions of this By-law, an accessory
structure may be attached to a main building and may
be used to house and store equipment and utility
devises related to the principal uses on the lot.
The maximum height of an accessory structure
measured from grade level to the ridge of any roof
structure shall be
4.5 m
(o)
Setback to Aisle and/or Driveway
The minimum separation distance from the end wall of a
building to an aisle and/or driveway shall be
1.5 m
(p)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted, provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary, the following provisions shall
apply to a Parcel of Tied Land;
(i)
Decks, porches, patios and balconies are permitted to
project from the main wall of a dwelling unit provided they
are set back a minimum distance of 1.8 m from a street
line or aisle and/or driveway.
(ii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line or aisle
and/or driveway.
(iii)
Decks, porches, steps and balconies are permitted to
project from the first storey of a dwelling unit a maximum
distance of 3.5 m from the rear main wall of a dwelling
unit.
(iv)
Decks, porches, steps and balconies are permitted to
project from the second storey of a dwelling unit a
maximum distance of 1.5 m from the rear main wall of a
dwelling unit.
(q)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4A*-7 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
Note:
See amending By-law #7603-20
for provisions related to a
Section 37 Agreement.
Zoning By-Law 1784
Section 5L - 14
(h)
R4A*-8: Exception 8
Plan 40M 2313 Block 121
665 Taunton Road East
1.
Defined Area
The land located south of Taunton Road East and west of Thickson Road
North and zoned R4A*-8 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law 1784.
2.
Uses Permitted
No person shall within any R4A*-8 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
uses:
-
block townhouse dwelling
3.
Zone Provisions
No person shall within any R4A*-8 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of lot in Section 2 and any other
provisions of By-law #1784, and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C.P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R4A*-8 by this By-law shall be
considered to be one lot.
(b)
Density
Minimum
30 units per ha
Maximum
65 units per ha
(c)
Landscaped Open Space
Minimum
30% of the lot area
(d)
Yards
(i)
The minimum distance from a street line or
0.3 m reserve along Taunton Road East to
the nearest portion of a main wall of the main
building shall be
3.0 m
(ii)
The minimum distance from a property line
other than a street line or a 0.3 m reserve to
the nearest portion of a block townhouse
dwelling shall be
7.5 m
Provided however, and notwithstanding the
above the minimum distance from a property
line other than a street line or a 0.3 m
reserve to the nearest portion of the end wall
of a block townhouse dwelling shall be
1.4 m
(7499-19)
Zoning By-Law 1784
Section 5L - 15
(e)
Distance Between Buildings On The Same Lot
(i)
The minimum distance above finished grade
between the end walls of separate block
townhouse dwellings shall be
3.0 m
(f)
Setback to Aisle and/or Driveway
(i)
The minimum separation distance from the
end wall of a building to an aisle or driveway
shall be
1.8 m
(g)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provision of subsection 4(y) Yard
Encroachments Permitted, provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary, the following provisions shall
apply to a Parcel of Tied Land:
(i)
Decks, porches, patios and balconies are permitted to
project from the main wall of a dwelling unit provided they
are setback a minimum distance of 1.5 m from a street
line, aisle or driveway.
(ii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line, aisle or
driveway.
(iii)
Decks, porches, steps and balconies are permitted to
project from the first storey of a dwelling unit a maximum
distance of 3.5 m from the rear main wall of a dwelling
unit.
(h)
Height of Buildings
Maximum
3 storeys
(i)
Accessory Structure
Notwithstanding the definition of Accessory Structure,
an accessory structure may be attached to a main
building and may be used to house and store
equipment and utility devices related to the principal
uses on the lot.
The maximum height of an accessory structure
measured from grade level to the ridge of any roof
structure shall be
4.5 m
(j)
Zoning Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4A*-8 by this By-law:
4(m) Ten Percent of Every Lot
4(w) Satellite Dishes
Zoning By-Law 1784
Section 5L - 16
(i)
R4A*-9: Exception 9
Northeast corner of Baldwin Street North and Carnwith Drive East
1.
Defined Area
The lands located north of Carnwith Drive East and east of Baldwin Street
North and zoned R4A*-9 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of the By-law # 1784.
2.
Uses Permitted
No person shall within any R4A*-9 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
uses:
(a)
block townhouse dwelling
3.
Zone Provisions
No person shall within any R4A*-9 Zone use any lot or erect alter or use any
building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and other
provisions of By-law # 1784, and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C.P.13 as amended from time to time,
or the registration of any time of any Condominium Declaration, a
Plan of Subdivision or conveyance with respect to any portion of
the said land, the land zoned R4A*-9 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
The lot line abutting Carnwith Drive East shall be deemed the front
lot line and the lot line opposite the front lot line shall be deemed
the rear lot line. The lot line abutting Baldwin Street North shall be
deemed the exterior side lot line. All other lot lines shall be deemed
to be interior side lot lines.
(c)
Density
Minimum
30 units per net hectare
Maximum
65 units per net hectare
(d)
Lot Coverage
Maximum 40%
Notwithstanding provision (d) above, a deck, porch, step, patio or
balcony shall not be included in the calculation of maximum lot
coverage.
(e)
Landscaped Open Space
Minimum
30% of lot area
(7491-19 LPAT)
Zoning By-Law 1784
Section 5L - 17
(f)
Front Yard
Minimum depth to main building
4.5 m
Notwithstanding provision (f) above, the minimum setback
to an accessory structure used to house utility devices
related to the principal uses on the lot shall be
2.5 m
(g)
Rear Yard
Minimum Depth
1.5 m
(h)
Exterior Side Yard
Minimum Width
4.5 m
(i)
Interior Side Yard
Minimum Width
7.5 m
(j)
Setback to Visibility Triangle
Minimum
4.0 m
(k)
Separation Distance Between Buildings
(i)
The minimum separation distance above finished
grade between end walls of separate block
townhouse dwellings shall be
2.4 m
Notwithstanding provision (i) above, the minimum
separation distance between end walls of a separate block
townhouse dwellings may be reduced to 2.2 m for wall
projections screening or enclosing equipment such as air
conditioners, heat exchangers and utility meters.
(ii)
The minimum separation distance above finished
grade between walls other than end walls shall be 12.4 m
(l)
Height of Buildings
Maximum
3 storeys
Provided however, and notwithstanding the above, the maximum
height of a building that is within 11.5 metres of an R3A* Zone shall
be 2 storeys.
(m)
Accessory Structure
Notwithstanding the definition of Accessory Structure in Section 2
Definitions of this By-law, an accessory structure may be attached
to a main building and may be used to house and store equipment
and utility devices related to the principal uses on the lot.
The maximum height of an accessory structure measured
from grade level to the ridge of any roof structure shall be
4.5 m
(n)
Setback to Aisle and/or Driveway
The minimum separation distance from the end wall of a
building to an aisle and/or driveway shall be
1.8 m
Zoning By-Law 1784
Section 5L - 18
(o)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted, provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary, the following provisions shall
apply to a Parcel of Tied Land;
(i)
Decks, porches, patios and balconies are permitted to
project from a main wall of a dwelling unit provided they
are set back a minimum distance of 1.8 m from a street
line, aisle or driveway,
(ii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line, aisle or
driveway.
(iii)
Decks, porches, steps and balconies are permitted to
project from the first and second storey of a dwelling unit a
maximum distance of 3.5 m from the rear main wall of a
dwelling unit.
Notwithstanding provision (iii) above, decks, porches,
steps and balconies are not permitted to project from the
second storey of the rear main wall of a building that is
within 11.5 metres of an R3A* Zone.
(iv)
Balconies are permitted to project from the third storey of
a dwelling unit a maximum distance of 1.5 m from the rear
main wall of a dwelling unit.
(p)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4A*-9 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(j)
R4A* - 10: Exception 10
Plan of Subdivision SW-2018-06
4335 Garden Street
1.
Defined Area
The lands located north of Promenade Drive and east of Garden Street and
zoned R4A*-10 shall be subject to the provisions as hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any R4A*-10 Zone use any lot or erect, alter or use
any building or structure except for one or more of the following uses:
-
back to back townhouse dwelling
-
block townhouse dwelling
-
stacked townhouse dwelling
(7630-20)
Zoning By-Law 1784
Section 5L - 19
3.
Zone Provisions
No person shall within any R4A*-10 Zone use any lot or erect alter or use
any building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784 and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R4A*-10 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
The lot line abutting Promenade Drive shall be deemed the front lot
line and the lot line furthest from and opposite the front lot line shall
be deemed the rear lot line. The lot line abutting Garden Street
shall be deemed the exterior side lot line and all other lot lines shall
be deemed interior side lot lines.
(c)
Building Location and Setback
No building or structure shall be erected on the lands zoned R4A*-
10 except within the minimum building set back line shown on
Appendix "A" to this By-law.
(d)
Lot Frontage
Minimum
80 m
(e)
Lot Area
Minimum
1.0 ha
(f)
Landscaped Open Space
Minimum
20%
(g)
Density
Minimum
30 units per net hectare
Maximum
80 units per net hectare
(h)
Height of Building
Maximum
3 storeys
(i)
Separation Distance Between Buildings
(i)
The minimum separation distance between
end walls of separate main buildings shall be
3.0 m
(ii)
Notwithstanding provision (i)(i) above, the
minimum separation distance between end
walls of separate main buildings may be
reduced to 2.3 m for wall projections screening
or enclosing equipment such as air
conditioners, heat exchangers and utility
meters.
Zoning By-Law 1784
Section 5L - 20
(j)
Setback to Aisle and/or Driveway
(i)
The minimum separation distance from the end
wall of a building to an aisle or driveway shall
be
1.8 m
(k)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provision of subsection 4(y) Yard
Encroachments Permitted, provision (c) Decks,
Porches, Steps, Patios and Balconies to the contrary,
the following provisions shall apply:
(i)
Decks, porches, patios and balconies are permitted to
project from the main wall of a dwelling unit provided they
are setback a minimum distance of 1.5 m from a street
line, aisle or driveway.
(ii)
Notwithstanding provisions (k)(i) above, for any townhouse
dwelling situated within 70 m of the north property line and
facing Garden Street, decks, porches, patios and
balconies are permitted to project from the main wall of a
dwelling unit provided they are set back a minimum
distance of 0.6 m from the Garden Street streetline.
(iii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line, aisle or
driveway.
(iv)
Notwithstanding provision (k)(iii) above, for any townhouse
dwelling facing Garden Street steps are permitted to
project to the Garden Street streetline.
(v)
Decks, porches, steps and balconies are permitted to
project from the first and second storey of a dwelling unit a
maximum distance of 3.5 m from the rear main wall of a
dwelling unit.
(vi)
Decks, porches, steps and balconies are permitted to
project from the third storey of a dwelling unit a maximum
distance of 1.52 m from a rear main wall of a dwelling unit.
(l)
Setback to a Visibility Triangle
Minimum
0.0 m
(m)
Location of Parking Areas and/or Parking Spaces
Any parking area and/or parking spaces shall be set back a
minimum distance of 3.0 m from any public street line, 1.5 m from
the end wall of any main building and 1.0 m from any other lot line.
(n)
Parking Provisions
(i)
Number of Resident Parking Spaces
Minimum
2 spaces per dwelling unit
(ii)
Number of Visitor Parking Spaces
Minimum
0.16 spaces per dwelling unit
Zoning By-Law 1784
Section 5L - 21
(o)
Accessory Structure
(i)
Notwithstanding the definition of Accessory Structure in
Section 2 Definitions of this By-law to the contrary, an
accessory structure may be attached to a main building
and may be used to house and store equipment and utility
devices related to the principal uses on the lot.
(ii)
The maximum height of an accessory structure measured
from grade level to the mid-point of any
roof structure shall be
4.5 m
(iii)
Any accessory structure used to house and store
equipment and utility devices may be situated in any yard
provided that such structure is located no closer than 3.5m
to any public street line.
(p)
Zoning Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4A*-10 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent of Every Lot
4(w) Satellite Dishes
(q)
Definitions
For the purpose of the interpretation of the various zone provisions
set forth above, the following definitions shall apply and where
there is a conflict between the definitions set forth hereunder and
those set forth in Section 2 of By-law #1784, the following
definitions shall apply:
Dwelling, Back To Back Townhouse means a building containing
a minimum of 6 and a maximum of 16 dwelling units that are
divided vertically by common walls, including a common rear wall,
and each dwelling unit has an independent entrance from the
outside.
Dwelling Unit, Back To Back Townhouse, means a dwelling unit
in a back to back townhouse dwelling.
Dwelling, Stacked Townhouse means a building containing more
than four dwelling units, each dwelling unit being separated from
the other vertically and horizontally and each dwelling unit having a
private entrance from the outside.
Dwelling Unit, Stacked Townhouse means a dwelling unit in a
stacked townhouse dwelling
Zoning By-Law 1784
Section 5L - 22
Zoning By-Law 1784
Section 5L - 23
(k)
R4A*-11: Exception 11
143 Garrard Road
1.
Defined Area
The lands located east of Garrard Road and north of Dundas Street East
and zoned R4A *-11 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law 1784.
2.
Uses Permitted
No person shall within any R4A*-11 Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following
uses:
-
block townhouse dwelling; and
-
semi-detached dwelling on a private road.
3.
Zone Provisions
No person shall within any R4A*-11 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of lot in Section 2 and any other
provisions of By-law 1784, and notwithstanding the obtaining of any
severance by way of a consent under the provisions of the Planning
Act, R.S.0 1990, C.P.13 as amended from time to time, or the
registration at any time of any Condominium Declaration, a Plan of
Subdivision, or conveyance with respect to any portion of the said
land, the land zoned R4A*-11 by this By-law shall be considered to
be one lot.
(b)
Number of Dwelling Units
Maximum
35 Units
Provided further that the maximum number of block townhouse
dwelling units shall be 15 dwelling units.
(c)
Landscaped Open Space
Minimum
45% of the net lot area
(d)
Yards
For purposes of this By-law, the front lot line shall be the lot line
along Garrard Road; the rear lot line is the lot line opposite and
furthest from the front lot line; all other lot lines will be considered
interior side lot lines.
(i)
Minimum distance from street line to a main
building exterior wall
13m
(ii)
Minimum rear yard (east lot line)
7.5m
(iii)
Minimum north side yard to a main building
exterior wall of a semi-detached dwelling unit
7.2m
(7838-21, OLT)
Zoning By-Law 1784
Section 5L - 24
(iv)
Minimum north side yard to an end wall of a
block townhouse dwelling unit
1.1m
(v)
Minimum south side yard to a main building
exterior wall of a semi-detached dwelling unit
7.9m
(vi)
Minimum south side yard to an end wall of a
block townhouse dwelling unit
6.1m
(vii)
Minimum south side yard to a main building
exterior wall of a block townhouse dwelling
unit
7.9m
(viii)
Minimum west side yard to main building
exterior wall of semi detached dwelling unit
1.6m
(ix)
The minimum distance from any building line
to the nearest visitor parking area shall be
2.6m
(x)
Accessory Structure
(a) Notwithstanding the definition of Accessory Structure
in Section 2 "Definitions" of this By-law to the
contrary, an accessory structure may be attached to a
main building an may be used to house and store
equipment and utility devices related to the principal
uses on the lot.
(b) The minimum distance from the street
line to an accessory structure
10.0m
(e)
Distance Between Buildings on the Same Lot
(i)
Minimum distance above finished grade
between end walls of semi-detached dwelling
2.4m
(ii)
Minimum distance between end wall of a
semidetached dwelling and a block townhouse
dwelling
2.75m
(f)
Decks, Porches, Steps, Patios and Balconies
(i)
Notwithstanding any other provisions of subsection 4(y) Yard
Encroachment provision (c) Decks, Porches, Steps, Patios
and Balconies to the contrary, the following provisions shall
apply:
(a) Decks, porches, steps, patios, and balconies are
permitted to project from the main wall of a dwelling into
the front yard a maximum distance of 4.0 metres.
(b) Decks, porches, patios, and balconies are permitted to
project from the main wall of a dwelling unit provided
they are set back a minimum distance of 2.5 metres
from an aisle, driveway, or internal roadway.
(c) Steps are permitted to project provided they are set
back a minimum distance of 0.6 metres from an aisle,
driveway, or internal roadway.
Zoning By-Law 1784
Section 5L - 25
(d) Decks, porches, steps, patios and balconies are
permitted to project from the rear main wall of a dwelling
unit at or below the level of the first storey a maximum
distance of 3.5 metres.
(g)
Height of Buildings
Maximum
2 storeys
(l)
R4A*-12: Exception 12
Plan of Subdivision SW-2019-01
Vista Court
1.
Defined Area
The lands located south of Roybrook Avenue and north of Highway #407
and zoned R4A*-12 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law amendment shall
be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any R4A*-12 Zone use any lot or erect, alter or use
any building or structure except for one or more of the following uses:
-
block townhouse dwelling
3.
Zone Provisions
No person shall within any R4A*-12 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784 and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R4A*-12 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
The lot line abutting the north-south portion of Vista Court shall be
deemed the front lot line and the lot line abutting the east-west
portion of Vista Court including the cul-de-sac shall be deemed the
exterior side lot line. All other lot lines shall be deemed interior side
lot lines.
(c)
Front Yard
Minimum Depth
3.0 m
(d)
Interior Side Yard
Minimum Width
1.8 m
Provided, however, that for any main buildings situated within 10
metres of the lot lines of any dwellings situated on Telstar Way and
Tempo Way the setback to the rear wall of a main building shall be
a minimum distance of 6.0 metres.
(7907-22)
Zoning By-Law 1784
Section 5L - 26
Provided further that for the unit closest to Tempo Way, the setback
to the rear wall of a main building shall be a minimum distance of
1.7 metres.
(e)
Exterior Side Yard
Minimum Width
3.0 m
Provided, however, any accessory structure (meter room) shall
have a minimum setback of 2.0 metres.
(f)
Landscaped Open Space
Minimum
30% of the lot area
(g)
Height of Buildings
Maximum
3 storeys
Provided however that for any main buildings situated
within 10 metres of the lot lines of any dwellings situated
on Telstar Way the maximum height shall be two storeys.
(h)
Separation Distance Between Buildings
(i)
The minimum separation distance between end
walls of separate block townhouse dwellings shall
be
3.0 m
(ii)
Notwithstanding provision (h)(i) above, the
minimum separation distance between end walls of
separate block townhouse dwellings may be
reduced to 2.3 m for wall projections screening or
enclosing equipment such as air conditioners, heat
exchangers and utility metres.
(i)
Setback to Internal Roadway
(i)
The minimum distance from an end wall of a
building to an internal roadway shall be
1.8 m
(ii)
The minimum distance from a wall other than an
end wall of a building to an internal roadway shall
be
3.0 m
(iii)
The minimum distance from an integral garage of
a building to an internal roadway shall be
5.8 m
(j)
Location of Parking Areas and/or Parking Spaces
Any parking area and/or parking spaces not directly providing
access to a dwelling unit shall be set back a minimum distance of
3.0 m from any public street line, 1.5 m from the end wall of any
block townhouse dwelling and 1.0 m from any other lot line.
Zoning By-Law 1784
Section 5L - 27
(k)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provision of subsection 4y Yard
Encroachments Permitted, provision (c) Decks, Porches, Steps,
Patio and Balconies to the contrary, the following provisions shall
apply:
(i)
Decks, porches, patios and balconies are permitted to
project from the exterior wall of a dwelling unit provided they
are set back a minimum distance of 1.5 m from a street line
or internal roadway.
(ii)
Steps are permitted to project provided they are setback a
minimum distance of 0.6 m from a street line or internal
roadway.
(iii)
Decks, porches, steps and balconies are permitted to project
from the first storey of a dwelling unit a maximum distance of
3.5 m from the rear exterior wall of a dwelling unit.
(iv)
Decks and balconies are permitted to project from the
second storey of a dwelling unit a maximum distance of 1.5
m from the rear exterior wall of a dwelling unit with a front-
accessed garage.
(v)
Decks and balconies are permitted to project from the
second storey of a dwelling unit a maximum distance of 2.75
m from the rear exterior wall of a dwelling unit with a rear-
accessed garage.
(vi)
Decks and balconies are permitted to project from the third
storey of a dwelling unit a maximum distance of 1.0 m from
the rear or side exterior wall of a dwelling unit.
(l)
Private Driveway Dimension
The minimum width of a private driveway leading to an integral
private garage shall be 3.0m.
Provided however, that where the private driveway is obstructed by
any part of a fixed structure such as a foundation wall, curb,
support column or pole that supports a part of the main building or
a projection such as a balcony, deck or porch, the minimum width
of a private driveway may be reduced to 2.75m but only to the
extent of the projection from the front exterior wall of the private
garage.
(m)
Accessory Structure
(i)
Notwithstanding the definition of Accessory Structure in
Section 2 Definitions of this By-law to the contrary, an
accessory structure may be attached to a main building and
may be used to house and store equipment and utility
devices related to the principal uses on the lot.
(ii)
The maximum height of an accessory structure
measured from grade level to the ridge of any roof
structure shall be 4.5 m.
Zoning By-Law 1784
Section 5L - 28
(iii)
Notwithstanding the provisions outlined above, the
maximum height of a detached building used to
house and store equipment and utility devises such
as water metre room , shall be 6.2 m measured
from grade level to the mid point between the eaves
and the ridge of the roof of the building.
(n)
Zoning Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4A*-12 by this By-law amendment.
4(g)
Sight Triangles
4(m)
Ten Percent of Every Lot
4(w)
Satellite Dishes
4(y)(b)(i) Accessory Uses - Permitted Locations
(m)
R4A*-13: Exception 13
Plan of Subdivision SW-2022-03
4400 & 4440 Garden Street
1.
Defined Area
The lands located west of Garden Street and north of Roberts Attersley
Drive East and zoned R4A*-13 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-law shall
be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any R4A*-13 Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following
uses:
back-to-back townhouse dwelling
block townhouse dwelling
3.
Zone Provisions
No person shall within any R4A*-13 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784 and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O 1990, C. P.13 as amended from time to time,
or registration at any time of any Condominium Declaration, a Plan
of Subdivision, or conveyance with respect to any portion of the
said land, the land zoned R4B*-13 by this By-law shall be
considered to be one lot
(b)
Lot Line Determination
The lot line abutting Garden Street shall be deemed the front lot
line and the lot line furthest from and opposite the front lot line shall
be deemed the rear lot line. All other lot lines shall be deemed
interior side lot lines.
(8084-24)
Zoning By-Law 1784
Section 5L - 29
(c)
Yards
(i)
The minimum distance from a street line or a
0.3 m reserve to the nearest portion of a
building shall be
3.0 m
Provided however that the minimum distance
from a street line or a 0.3 m reserve to the
nearest portion of the end wall of a building
shall be
1.5 m
(ii)
The minimum distance from a property line
other than a street line or 0.3 m reserve to
the nearest portion of a building shall be
6.0 m
Provided however, and notwithstanding the
above the minimum distance from a property
line other than a street line or 0.3 m reserve
to the nearest portion of the end wall of a
building shall be
1.5 m
(d)
Distance Between Buildings on the Same Lot
The minimum distance between the end walls of
separate block or back-to-back townhouse dwellings
shall be
2.5 m
(e)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provision of subsection 4(y) Yard
encroachments Permitted, provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary, the following provisions shall
apply:
(i)
Decks, porches, patios and balconies are permitted to
project from the main wall of a dwelling unit provided they
are setback a minimum distance of 1.5 m from a street line
or internal roadway.
(ii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line or internal
roadway.
(iii)
Decks, porches and steps are permitted to project from
the rear wall of a dwelling unit at or below the level of the
first storey a maximum distance of 3.5 m.
(f)
Internal Roadway
(i)
The minimum width of an internal roadway
shall be
7.5 m
(g)
Setback to an Internal Roadway
(i)
The minimum separation distance from the
end wall of a building to an internal roadway
shall be
1.5 m
(ii)
The minimum distance from a wall other than
an end wall to an internal roadway shall be
2.2 m
(iii)
The minimum distance from an internal
private garage to an internal roadway shall
be
5.8m
Zoning By-Law 1784
Section 5L - 30
(h)
Landscaped Open Space
Minimum
15%
(i)
Private Amenity Space
Minimum - block townhouse dwelling
20 m2 per
dwelling unit.
Minimum - back-to-back townhouse dwelling
7.5 m2 per
dwelling unit.
(j)
Height of Building
Maximum
12.0 m
Provided however that no dwelling unit shall be greater
than three storeys in height
(k)
Parking
(i)
Number of Resident Parking Spaces
Minimum
2 spaces per
dwelling unit.
(ii)
Number of Visitor Parking Spaces
Minimum
0.25 spaces per
dwelling unit.
(iii)
the minimum distance between a visitor parking
space and the nearest portion of a dwelling unit
shall be
1.5 m
(l)
Accessory Structure
(i)
Any accessory structure used to house and store
equipment and utility devices may be situated in any yard
provided that such structure is located no closer than 4.0m
to any public street line.
(ii)
The maximum height of an accessory structure measured
from grade level to the ridge of any roof structure shall be
5.0 m.
(m)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4A*-13 by this By-law:
4(m) Ten Percent of Every Lot
4(w) Satellite Dishes
Zoning By-Law 1784
Section 5M - 1
Section 5M
Residential R4B* Zone
No person shall use any lot, or erect or alter or use any building or structure in any `R4B*' Zone except
in accordance with the following uses and zone provisions:
(i)
Use Permitted
-
street townhouse dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
− interior
6.0 m
− corner
10.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
180 m2
(d)
Lot Coverage
Maximum
50%
(e)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a garage or carport,
the entrance to which is from the front yard, shall be set back from the
front lot line a minimum distance of
5.5 m
(f)
Rear Yard
Minimum Depth
7.5 m
Except in the case of a rear yard abutting a street having a planned
width of 29 m or more or a 0.3 m reserve abutting such a street, the
minimum shall be
15 m
(g)
Interior Side Yard
There is no interior side yard requirement except in the case of an
unattached wall of an end dwelling unit, in which case the minimum
width of such interior side yard shall be
1.0 m
The exterior wall of the second storey of any building shall be set back a
distance from the interior side lot line of at least
1.75 m
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above, a garage or carport,
the entrance to which is from the exterior side yard shall be set back
from the exterior side lot line a minimum distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40% of the lot area
(3337-93)
(4208-98)
(4519-99)
(4622-00)
(5474-04)
Zoning By-Law 1784
Section 5M - 2
(j)
Height of Buildings
Maximum
9.5 m
(iii)
Exceptions
(a)
R4B*-1: Exception 1
(i)
Notwithstanding any provisions of this By-law to the contrary,
the minimum lot depth shall be
27 m
(ii)
Notwithstanding any provisions of this By-law to the contrary,
the minimum lot area shall be
162 m2
(b)
R4B*-2: Exception 2
(i)
Notwithstanding any provision of this By-law to the contrary, the
minimum lot depth shall be
29 m
(ii)
Notwithstanding any provision of this By-law to the contrary, the
minimum lot area shall be
174 m2
(c)
R4B*-3: Exception 3 - Street Townhouse Dwelling
(i)
Use Permitted
-
home based business
-
street townhouse dwelling;
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
- interior
6.0 m
- interior end unit
7.5 m
- corner end unit
10.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
180 m2
(d)
Lot Coverage
Maximum
50%
(e)
Front Yard
The minimum distance from the front lot line to the
nearest portion of the dwelling unit shall be
4.5 m
(f)
Rear Yard
(i)
The minimum distance from the rear lot line
to the nearest portion of the dwelling shall be
10 m
(ii)
The distance from the rear lot line to the
nearest portion of a garage or carport shall
be
Minimum
5.5 m
Maximum
7.0 m
(4519-99)
(4830-01)
(5103-02)
(5956-07)
(6776-13)
Zoning By-Law 1784
Section 5M - 3
(g)
Interior Side Yard
(i)
There is no interior side yard requirement
except in the case of an unattached wall of
an end dwelling unit, in which case the
minimum width of such interior side yard
shall be
1.0 m
(ii)
The exterior wall of the second or third
storey of any building shall be set back a
distance from the interior side lot line of at
least
1.5 m
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(i)
Distance Between Buildings On The Same Lot
The minimum distance between a detached garage
and a street townhouse dwelling shall be
5.0 m
(j)
Landscaped Open Space
Minimum
40% of the lot area
(k)
Height Of Buildings
Maximum
9.5 m
(l)
Yard Encroachments
Notwithstanding the yard provisions of this By-law to the contrary,
unenclosed and uncovered decks, porches, steps and patios, with
a height of 0.6 m above grade or less, may have a setback of 2.5 m
from a front or exterior side yard.
For the purpose of interpretation for this specific by-law, the front
yard setbacks within the 'R4B*-3' Zone category shall be measured
from the front lot line at Kenneth Hobbs Drive and the rear yard
setbacks within the 'R4B*-3' Zone category shall be measured from
the rear property line at MacMillan (Street 'E').
(d)
R4B*-4: Exception 4
(i)
Use Permitted
-
home based business
-
street townhouse dwelling
(ii)
Zone Provisions
(a)
Lot Frontage
Minimum
- interior
6.0 m
- corner
10.5 m
(5103-02)
(5956-07)
(6776-13)
Zoning By-Law 1784
Section 5M - 4
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
180 m2
(d)
Lot Coverage
Maximum
50%
(e)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(f)
Rear Yard
Minimum Depth
7.5 m
Except in the case of a rear yard abutting a street
having a planned width of 29 m or more or a 0.3 m
reserve abutting such a street, the minimum shall be
15 m
(g)
Interior Side Yard
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.0 m
The exterior wall of the second storey of any building
shall be set back a distance from the interior side lot
line of at least
1.75 m
(h)
Exterior Side Yard
Minimum Width
4.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40% of the lot area
(j)
Height of Buildings
Maximum
9.5 m
(e)
R4B*-5 - Street Townhouse Dwelling Exception 5 Zone
(i)
Permitted Uses:
Notwithstanding the permitted uses within the R4B* - Street Townhouse
Dwelling Zone, by By-law 1784, as amended, to the contrary, only a "Street
Townhouse Bungalow Dwelling" shall be permitted on lands that are zone
R4B*-5 - Street Townhouse Dwelling Exception 5 Zone.
(5476-04)
Zoning By-Law 1784
Section 5M - 5
(ii)
Definitions:
Notwithstanding the definition of "Street Townhouse Dwelling" in By-law
1784, as amended, to the contrary, for the purposes of this By-law
"Street Townhouse Bungalow Dwelling" shall mean a "Street Townhouse
Dwelling" that is limited to a maximum building height of one (1) "storey" or
one and one half (1 ½) storeys.
(iii)
All other provisions of Section 5L of By-law 1784 shall apply.
(f)
R4B*-6 - Street Townhouse Dwelling - Exception 6 Zone
(i)
Permitted Uses:
-
street townhouse bungalow dwelling
(ii)
Zone Provisions:
(a)
Lot Frontage
Minimum
- interior lot
7.9 m
Maximum
- corner lot
12.4 m
(b)
Lot Depth
Minimum
27 m
(c)
Lot Coverage
Maximum - exclusive of a single storey covered and
unenclosed porch, having no habitable space above
it, shall be
55%
(d)
Landscaped Open Space
Minimum - inclusive of a single storey covered and
unenclosed porch, having no habitable space above
it, shall be
38%
(iii)
All other provisions of By-law 1784 shall apply.
(g)
R4B*-7 - Street Townhouse Dwelling Exception 7 Zone
(i)
Zone Provisions
(a)
Notwithstanding any provision of this By-law to the
contrary, the minimum lot depth shall be
27 m
(b)
Notwithstanding any provision of this By-law to the
contrary, the maximum lot coverage, exclusive of a
single storey covered and unenclosed porch, having
no habitable space above it, shall be
55%
(c)
Notwithstanding any provision of this By-law to the
contrary, the minimum landscaped open space
inclusive of a single storey covered and unenclosed
porch, having no habitable space above it, shall be
38%
(5634-05)
(5983-07)
(5983-07)
(5983-07)
Zoning By-Law 1784
Section 5M - 6
(d)
Notwithstanding any provisions of this By-law to the
contrary, the maximum height of buildings shall be 1 ½ or 2 storeys
(ii)
All other zone provisions of Section 5M of By-law 1784 shall apply.
(h)
R4B*-8 - Street Townhouse Dwelling Exception 8 Zone
(i)
Permitted Uses:
-
street townhouse bungalow dwelling
(ii)
Zone Provisions:
(a)
Notwithstanding any provision of this By-law to the
contrary, the maximum lot coverage, exclusive of a
single storey covered and unenclosed porch having
no habitable space above it, shall be
55%
(b)
Notwithstanding any provision of this By-law to the
contrary, the minimum landscaped open space
inclusive of a porch shall be
38%
(iii)
All other zone provisions of Section 5M of By-law 1784 shall apply.
(i)
'R4B*-8' - Exception 8
Heber Down Crescent
(i)
Zone Provisions
(a)
Front Yard
Notwithstanding the front yard setback as found in
Section 5M(ii)(e) where no driveway access from a
public road is provided, the minimum front yard depth
shall be
3.0 m
(b)
Rear Yard
Minimum Depth
Notwithstanding the rear yard setback as found in
Section 5M(ii)(f);
the minimum distance from the rear property line to
the nearest portion of a detached garage shall be
0.75 m
and a minimum distance from the internal roadway to
the nearest portion of a detached garage shall be
3.75 m
(c)
Interior Side Yard
There is no interior side yard requirement for dwelling
units or detached garages except in the case of an
unattached wall of an end dwelling unit or detached
garage in which case the minimum width of such
interior side yard shall be
1.0 m
The exterior wall of the second storey of any building
shall be set back a distance from the interior side lot
line of at least
1.75 m
(5983-07)
(6007-07)
(6985-15)
Zoning By-Law 1784
Section 5M - 7
(d)
All other zone provisions and permitted uses of Section 5M of By-
law # 1784 shall apply.
(j)
R4B*-9 - Exception 9
Plan of Subdivision SW-2008-03
Barrister Avenue
(i)
Uses Permitted
No person shall within any R4B*-9 Zone use any lot or erect, alter or use any
building or structure except in accordance with one or more of the following
uses:
-
street townhouse dwelling
(ii)
Zone Provisions
No person shall within any R4B*-9 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Lot Frontage
Minimum
- interior unit
7.5 m
- end unit
9.0 m
- corner unit
12.0 m
(b)
Lot Depth
Minimum
29 m
(c)
Lot Coverage
Maximum
55%
Notwithstanding provision (c) above, the following may be
permitted:
(i)
a single storey covered and unenclosed porch or
verandah having no habitable space above it to a
maximum of 20 m2 provided it is located in the front yard
and/or the exterior side yard of the lot.
(d)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.8 m
(e)
Rear Yard
Minimum Depth
7.5 m
(f)
Interior Side Yard
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.5 m
(g)
Exterior Side Yard
Minimum Width
3.0 m
(6985-15)
Zoning By-Law 1784
Section 5M - 8
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
5.8 m
(h)
Landscaped Open Space
Minimum
30% of the lot area
(i)
Height of Buildings
Maximum
3 storeys
(j)
Parking Requirements
Minimum
2 spaces per dwelling unit
Provided that one of the two required parking spaces shall be
located in a private garage.
(k)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary;
(i)
Decks, porches, patios, and balconies situated in the front
yard or exterior side yard are permitted to project from the
main wall of a dwelling unit provided they are set back a
minimum distance of 2.0 m from a street line and 1.0 m
from a lot line that forms a portion of a daylight triangle.
(ii)
Steps situated in the front yard or exterior side yard are
permitted to project provided they are set back a minimum
distance of 0.6 m from a street line.
(iii)
Decks, porches, steps and balconies situated in the rear
yard are permitted to project from the first storey of a
dwelling unit a maximum distance of 3.5 m from the rear
main wall of a dwelling unit.
(iv)
Decks, porches, steps and balconies situated in the rear
yard are permitted to project from the second storey of a
dwelling unit a maximum distance of 1.5 m from the rear
main wall of a dwelling unit.
(l)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4B*-9 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(k)
R4B*-10: Exception 10
Plan of Subdivision SW-2015-01
Underwood Drive
(i)
Defined Area
The lands located south of Winchester Road East and east of Underwood
Drive and zoned R4B*-10 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this by-law shall be
governed by the relevant provisions of By-law # 1784.
(7055-15)
Zoning By-Law 1784
Section 5M - 9
(ii)
Zone Provisions
No person shall within any R4B*-10 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Interior Side Yard
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.5 m
(b)
Exterior Side Yard
Minimum Width
2.0 m
(l)
R4B*-11: Exception 11
Part of Lot 22, Concession 3
Plan of Subdivision 18T-88028
1.
Defined Area
The lands located north of Dryden Boulevard and east of Anderson Street
and zoned R4B*-11 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law # 1784.
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any
R4B*-11 Zone the following zone provisions shall apply:
(a)
Lot Coverage
Maximum
55 %
Notwithstanding provision (a) above, the following may be
permitted:
(i)
a single storey covered and unenclosed porch or
verandah having no habitable space above it to a
maximum of 20 m2 provided it is located in the front yard
and/or the exterior side yard of the lot.
(b)
Front Yard
Minimum Depth
4.5 m
Notwithstanding provisions (b) above, a garage shall be
setback from the front lot line a minimum distance of
5.8 m
(c)
Rear Yard
Minimum Depth
7.5 m
(d)
Interior Side Yard
There is no interior side yard requirement except in the
case of an unattached wall of an end dwelling unit, in
which case the minimum width of such interior side yard
shall be
1.2 m
(7143-16)
Zoning By-Law 1784
Section 5M - 10
(e)
Exterior Side Yard
Minimum Width
3.0 m
Notwithstanding provision (e) above a garage shall be
setback from the exterior side lot line a minimum
distance of
5.8 m
(f)
Landscaped Open Space
Minimum
30 % of the lot area
(g)
Height of Main Building
Maximum
3 storeys
(h)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted, provision (c) Decks,
Porches, Steps, Patios and Balconies to the contrary;
(i)
Decks, porches, patios, and balconies situated in the front
yard or exterior side yard are permitted to project from the
main wall of a dwelling unit provided they are set back a
minimum distance of 2.0 m from a street line and 1.0 m
from a lot line that forms a portion of a sight triangle.
(ii)
Steps situated in the front yard or exterior side yard are
permitted to project provided they are set back a minimum
distance of 0.6 m from a street line.
(iii)
Decks, porches, steps and balconies situated in the rear
yard are permitted to project from the first storey of a
dwelling unit a maximum distance of 3.5 m from the rear
main wall of a dwelling unit.
(iv)
Decks, porches, steps and balconies situated In the rear
yard are permitted to project from the second storey of a
dwelling unit a maximum distance of 1.5 m from the rear
main wall of a dwelling unit.
(v) Zone Provisions That Do Not Apply
(i)
The following subsections of Section 4 - General
Provisions shall not apply to the lands zoned R4B*-11 by
this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(W) Satellite Dishes
(m)
R4B*- 12: Exception 12
Blocks 16, 17 and 18, Registered Plan 40M-1797 and
Part of Lot 27, Concession 3SW-2016-08
1.
Defined Area
The lands located south of Taunton Road West and west of Valleywood
Drive and zoned R4B*-12 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law #1784.
(7303-17)
Zoning By-Law 1784
Section 5M - 11
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any
R4B*-12 Zone the following provisions shall apply:
(a)
Lot Frontage
Minimum
- interior lot
6.0 m
- corner lot
9.5 m
(b)
Lot Depth
Minimum
27 m
Notwithstanding provision (b) above the minimum lot
depth for the lot shown cross hatched on Schedule "A-1"
to shown cross hatched on Schedule "A-1" to By-law
#7303-17 shall be
25 m
(c)
Lot Area
Minimum
160 m2
(d)
Lot Coverage
Maximum
55 %
Notwithstanding provision (d) above, the following may be
permitted:
(i)
a single storey covered and unenclosed porch or
verandah having no habitable space above it to a
maximum of 20 m2 provided it is located in the front yard
and/or the exterior side yard of the lot.
(e)
Front Yard
Minimum Depth
4.0 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the front
yard, shall be set back from the front lot line a minimum
distance of
5.8 m
(f)
Rear Yard
Minimum Depth
7.5 m
Notwithstanding provision (f) above, the minimum rear yard depth
for the lot shown cross hatched on Schedule "A-1" to By-law #7303-
17 shall be 4.2m measured perpendicular from the angled rear lot
line to the north-east corner of the main building on the lot.
Provided further and notwithstanding provision (f) above, the
minimum rear yard depth for the lot shown with double-diagonal
lines on Schedule A-1 to By-law #7303-17 shall be 5.0 m measured
perpendicular from the angled rear lot line to the north-west corner
of the main building on the lot.
Zoning By-Law 1784
Section 5M - 12
(g)
Interior Side Yard
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling unit
in which case the minimum width of such interior side
yard shall be
1.5 m
(h)
Exterior Side Yard
Minimum Width
3.0 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
5.8 m
(i)
Landscaped Open Space
Minimum
30% of the lot area
Provided further that a minimum of 25% landscaped open space is
maintained in the front yard or exterior side yard in which the
driveway is located.
(j)
Height of Buildings
Maximum
9.5 m
(k)
Visibility Triangle
Where a corner lot abuts a visibility triangle the minimum yard
setback provisions and minimum landscaped open space
provisions shall be measured and/or calculated as if the visibility
triangle had not been conveyed provided all buildings are set back
a minimum of 2 metres from a lot line that forms a portion of the
visibility triangle.
(l)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary;
(i)
Decks, porches, patios, and balconies situated in the front
yard or exterior side yard are permitted to project from the
main wall of a dwelling unit provided they are set back a
minimum distance of 2.0 m from a street line and 1.0 m
from a lot line that forms a portion of visibility triangle.
(ii)
Steps situated in the front yard or exterior side yard are
permitted to project provided they are set back a minimum
distance of 0.6 m from a street line.
(iii)
Decks, porches, steps and balconies situated in the rear
yard are permitted to project from the first storey of a
dwelling unit a maximum distance of 3.5 m from the rear
main wall of a dwelling unit.
Zoning By-Law 1784
Section 5M - 13
(iv)
Decks, porches, steps and balconies situated in the rear
yard are permitted to project from the second storey of a
dwelling unit a maximum distance of 1.5 m from the rear
main wall of a dwelling unit.
(m)
Definitions
For the purpose of the interpretation of the various zone provisions
set forth above, the following definitions shall apply and where
there is a conflict between the definitions set forth hereunder and
those set forth in Section 2 of By-law #1784 the following definitions
shall apply:
"Visibility Triangle" means a triangular area of land situated at the
intersection of street lines abutting a corner lot that has been or will
be conveyed to a public authority and incorporated into the right of
way of a public street and is not a sight triangle.
(n)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4B*-12 by By-law #7303-17:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(n)
R4B*-13: Exception 13
Part of Lot 21, Concession 3 Plan of Subdivision SW-2016-02
1.
Defined Area
The lands located west of Thickson Road North and north of Rossland Road
East and zoned R4B*-13 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law # 1784.
2.
Zoning Provisions
No person shall within any R4B*-13 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Lot Frontage
Minimum
- interior
6 m
- interior where no common wall exists
7.5 m
- corner
10.5 m
(b)
Lot Depth
Minimum
27 m
(c)
Lot Area
Minimum
160 m2
(d)
Lot Coverage
Maximum
55%
Notwithstanding provision (d) above, the following may be
permitted:
(7344-17)
Zoning By-Law 1784
Section 5M - 14
(i)
a single storey covered and unenclosed porch or
verandah having no habitable space above it to a
maximum floor area of 20 m2 provided it is located in the
front yard and/or exterior side yard area of the lot
(e)
Front Yard
Minimum Depth
3 m
(f)
Rear Yard
Minimum Depth
7.5 m
(g)
Interior Side Yard
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling unit
in which case the minimum width of such interior side
yard shall be
1.5 m
(h)
Exterior Side Yard
Minimum Width
3 m
(i)
Landscaped Open Space
Minimum
30% of the lot area
Provided further and notwithstanding any provisions of Section 4
General Provisions and Section 4A Parking and Loading
Requirements regarding minimum landscaped open space in the
front yard or exterior side yard to the contrary, a minimum of 20% of
the front yard or exterior side yard area in which a driveway is
located must be maintained as landscaped open space.
(j)
Height of Main Building
Maximum
12 m
(k)
Sight Triangle and Visibility Triangle
(i)
A sight triangle shall be required only where a visibility
triangle abutting a corner lot has not been incorporated
into the right of way of a public street.
(ii)
Notwithstanding any other provision of this By-law to the
contrary, in a sight triangle no building, structure, fence,
wall, driveway, hedge, tree, shrub or other vegetative
planting or landscaping feature shall be erected,
maintained or permitted that has a height of greater than
0.9 metres above finished grade level.
(iii)
Where a corner lot abuts a visibility triangle the setback
provisions and minimum front yard landscaped open
space provisions shall be measured and/or calculated as if
the visibility triangle had not been conveyed, provided all
buildings are set back a minimum of 0.3 metres from the
visibility triangle with the exception that window sills, belt
courses, steps, cornices, eaves, and eave troughs may
project to within 0.0 metres of the lot line of the lot that
forms one of the sides of the visibility triangle.
Zoning By-Law 1784
Section 5M - 15
(l)
Yard Encroachments Permitted
Notwithstanding any provisions of this By-law to the contrary,
including the provisions of subsection 4(y) Yard Encroachments
Permitted, in any R4B*-13 Zone, the provisions of subsection
14.2.15 of By-law #1784 shall apply.
(m)
Definitions For the purpose of the interpretation of the various zone
provisions set forth above, the following definitions shall apply and
where there is a conflict between the definitions set forth hereunder
and those set forth in Section 2 of By-law # 1784 the following
definitions shall apply: "Visibility Triangle" means a triangular area
of land situated at the intersection of street lines abutting a corner
lot that has been or will be conveyed to a public authority and
incorporated into the right of way of a public street and is not a sight
triangle.
(n)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4B*-13 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(o)
R4B*-14: Exception 14
Plan of Subdivision SW-2008 -03
Vanier Street
1.
Defined Area
The lands located east of Brock Street North, south of Vanier Street and
zoned R4B*-14 shall be subject to the provisions as hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any R4B*-14 Zone use any lot or erect alter or use
any building or structure except in accordance with one or more of the
following uses:
-
street townhouse dwelling
3.
Zone Provisions
No person shall within any R4B*-14 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions :
(a)
Lot Frontage
Minimum
- Interior unit
6.0 m
- end unit
7.5 m
(b)
Lot Depth
Minimum
28 m
(7526-19)
Zoning By-Law 1784
Section 5M - 16
(c)
Lot Coverage
Maximum
55%
Notwithstanding provisions (c) above, the following may be
permitted:
(i)
a single storey covered and unenclosed porch or
verandah having no habitable space above it to a
maximum of 20 m2 provided it is located in the front yard
and/or the exterior side yard of the lot.
(d)
Front Yard
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the front
yard, shall be set back from the front lot line a minimum
distance of
5.8 m
(e)
Rear Yard
Minimum Depth
7.5 m
(f)
Interior Side Yard
There is no interior side yard requirement except in the
case of an unattached wall of an end dwelling unit, in
which case the minimum width of such interior side yard
shall be
1.45 m
(g)
Exterior Side Yard
Minimum Width
3.0 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
5.8 m
(h)
Landscaped Open Space
Minimum
30% of the lot area
Provided further and notwithstanding any provisions of Section 4
General Provisions and Section 4A Parking and Loading
Requirements regarding minimum landscaped open space in the
front yard or exterior side yard to the contrary, a minimum of 20% of
the front yard or exterior side yard area in which a driveway is
located must be maintained as landscaped open space.
(i)
Height of Building
Maximum
3 storeys
(j)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary;
(i)
Decks, porches, patios and balconies situated in the front
yard or exterior side yard are permitted to project from the
main wall of a dwelling unit provided they are set back a
minimum distance of 2.0 m from a street line and 1.0 m
from a lot line that forms a portion of a daylight triangle.
Zoning By-Law 1784
Section 5M - 17
(ii)
Steps situated in the front yard or exterior side yard are
permitted to project provided they are set back a minimum
distance of 0.6 m from a street line.
(iii)
Decks, porches, steps and balconies situated in the rear
yard are permitted to project from the first and second
storey of a dwelling unit a maximum distance of 3.5 m
from the rear main wall of a dwelling unit.
(iv)
Decks, porches, steps and balconies situated in the rear
yard are permitted to project from the third storey of a
dwelling unit a maximum distance of 1.5 m from the rear
main wall of a dwelling unit.
(k)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R4B*-14 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(n)
Satellite Dishes
(o)
R4B*-15: Exception 15
Plan of Subdivision SW-2016-04
Carson Avenue
1.
Defined Area
The lands located south of Carnwith Street East and east of Baldwin Street
North and zoned R4B*-15 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law amendment shall
be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any R4B*-15 Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following
uses:
-
street townhouse dwelling
3.
Zone Provisions
No person shall within any R4B*-15 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Lot Frontage
Minimum
- interior unit
6.0 m
- corner unit
9.0 m
(b)
Lot Depth
Minimum
26 m
(c)
Lot Area
Minimum
145 m2
(d)
Lot Coverage
Maximum
55%
Notwithstanding provision (d) above, the following may be
permitted:
(7628-20)
Zoning By-Law 1784
Section 5M - 18
(i)
a single storey covered and enclosed porch or verandah
having no habitable space above it to a maximum floor
area of 20 m2 provided it is located in the front yard area of
the lot.
(e)
Front Yard
Minimum Depth
4.0 m
Provided however that the entrance to a garage or
carport which is from the front yard, shall be set back
from the front lot line a minimum distance of
5.8 m
(f)
Rear Yard
Minimum Depth
7.5 m
(g)
Interior Side Yard
Minimum Width
There is no interior side yard requirement except in the case of an
unattached wall of an end dwelling unit in which case the minimum
width of such interior side yard shall be 1.2 metres and the
minimum width of an interior side yard adjacent to Queen Street
and Baldwin Street North shall be 6 metres.
(h)
Exterior Side Yard
Minimum Width
3.0 m
Provided however that the entrance to a garage or
carport which is from the exterior side yard shall be
set back from the exterior side lot line a minimum
distance of
5.8 m
(i)
Landscaped Open Space
Minimum
30% of lot area
Provided further and notwithstanding any provisions of Section 4
General Provisions and Section 4A Parking and Loading
Requirements regarding minimum landscaped open space in the
front yard or exterior side yard to the contrary, a minimum of 20% of
the front yard or exterior side yard area in which a driveway is
located must be maintained as landscaped open space.
(j)
Height of Buildings
Maximum
3 storeys
(k)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary, the following provisions shall
apply to a Parcel of Tied Land:
(i)
Decks, porches, patios and balconies situated in the front
yard or exterior side yard are permitted to project from the
main wall of a dwelling unit provided they are set back a
minimum distance of 2.0m from a street line and 1.0m
from a lot line that forms a portion of a visibility triangle.
Zoning By-Law 1784
Section 5M - 19
(ii)
Steps situated in the front yard or exterior side yard are
permitted to project provided they are set back a minimum
distance of 0.6m from a street line.
(iii)
Decks, porches, steps and balconies situated in the rear
yard are permitted to project from the first and second
storey of a dwelling unit a maximum distance of 3.5m from
the rear main wall of a dwelling unit.
(iv)
Decks, porches, steps and balconies situated in the rear
yard are permitted to project from the third storey of a
dwelling unit a maximum distance of 1.5m from the rear
main wall of a dwelling unit.
(l)
Parking Provisions
(i)
Number of Parking Spaces
Minimum
2 spaces per dwelling unit
(ii)
Number of Visitor Parking Spaces
Minimum
0.25 space per dwelling unit
(iii)
Private Driveway Dimensions
The minimum width of a private driveway on a lot shall be
3.0 metres, except that the minimum width of a driveway
in an interior side yard leading to a private garage, carport
or parking space in the rear yard shall be 2.75 metres.
The maximum width of a private driveway on a lot serving
a one car private garage shall be 4.4 metres.
(iv)
Private Street
Minimum Width
6.0 m
(v)
Location of Parking Area and/or Parking Spaces
Any parking area and/or parking spaces not directly
providing access to a dwelling unit shall be setback a
minimum distance of 1.8 metres from any lots fronting
onto either Aster Crescent or Carson Avenue.
4.
Definitions
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where there is a conflict
between the definitions set forth hereunder and those set forth in Section 2
of By-law #1784 the following definitions apply:
"Dwelling, Street Townhouse" means a building containing a minimum of
three and a maximum of eight dwelling units, wherein each dwelling unit is
on a separate freehold lot with frontage on a street, and each dwelling unit is
separated from the adjacent dwelling unit by a common wall, and each
dwelling unit has its own entrance from the outside, a driveway from a street
or lane, and a private garage, carport, or parking space.
"Dwelling Unit, Street Townhouse" means a dwelling unit in a street
townhouse dwelling.
Zoning By-Law 1784
Section 5M - 20
"Lot" means a parcel or contiguous parcels of land in one ownership which
is capable of being legally conveyed in accordance with Planning Act or is
described in accordance with a registered Plan of Condominium, and
includes a Parcel of Tied Land but excludes a zero decimal three metre
reserve.
"Lot, Corner" means a lot situated at the intersection of and abutting upon
two or more streets or two portions of the same street, provided that the
angle of intersection of such streets, or the bend in such street, is not more
than 135 degrees.
"Private Street" means a right-of-way or roadway that provides vehicular
access to individual freehold lots or Parcels of Tied Land and is maintained
by a condominium corporation and is not a lane.
"Street" means the right-of-way of a public highway or private street.
5.
Zone Provisions That Do Not Apply
The following zone provisions shall not apply to the land zoned R4B*-15 by
this By-law amendment:
4(g)
Sight Triangles
4(l)
Roads
4(m) Ten Percent (10%) of Every Lot
4(w) Satellite Dishes
(p)
R4B*-16: Exception 16
Part of Lot 21, Concession 3 Plan of Subdivision SW-2021-07
1.
Defined Area
The lands located south of Winchester Road West and east of Ashburn
Road and zoned R4B*-16 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law # 1784.
2.
Definitions
For the purpose of the interpretation of the various uses permitted and the
zone provisions set forth in this By-law amendment, the provisions and
definitions of Section 2 and subsection 14.1(a) of By-law # 1784 shall apply.
Where there is a conflict between the definitions of Section 2 and subsection
14.1(a), the definitions of subsection 14.1(a) shall apply.
3.
General Provisions
The General Provisions of Section 6 of By-law 1784 shall not apply to any
lands zoned R4B*-16 by this By-law amendment.
In lieu thereof, the General Provisions of subsection 14.2 shall apply to this
By-law amendment.
4.
Yard Setbacks to Ministry of Transportation (MTO) Corridors
Minimum
4.5m
Maximum
8.0m
Provided however that the yard setbacks required by the MTO shall apply
along any public street that is subject to MTO corridor control.
(8044-24)
Zoning By-Law 1784
Section 5M - 21
5.
Uses Permitted
No person shall within any R4B*-16 Zone use any lot or erect, alter or use
any building or structure except for one or more of the following uses:
-
back to back townhouse dwelling
-
street townhouse dwelling
6.
Zoning Provisions
No person shall within any R4B*-16 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Lot and Building Requirements by Building Type
(i)
The following Table and additional provisions establish the
zone standards that apply to the R4B*-16 Zone.
Zoning By-Law 1784
Section 5M - 22
R4B*-16 Zone Standards
Building
Type
Min.
Lot
Area
(m2)
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side Yard
Min. Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Street
townhouse
dwelling unit
with a front
access
garage
160 m2 /
unit
6 m / unit(3)
3 m(1)
1.2 m(5)
3 m
7.5 m(7)
NR
20%
2 storeys
4 storeys
Street
townhouse
dwelling unit
with a
detached rear
garage
110 m2 /
unit
4.5 m /
unit(3)
3 m
1.2 m(5)
3 m(1)
2.5 m to a
garage,
carport or
unenclosed
parking
space(2)
25 m2 / unit 50%
2 storeys
4 storeys
Street
townhouse
dwelling unit
with an
integral rear
garage
110 m2 /
unit
4.5 m /
unit(3)
3 m
1.2 m(4)(5)
3 m(1)
2.5 m to a
garage,
carport or
unenclosed
parking space
(2)
15 m2 /
unit(6)
50%
2 storeys
4 storeys
Back to back
townhouse
dwelling unit
85 m2 /
unit
5.5 m / unit
(3)
3 m(1)
1.5 m(5)
3 m(1)
NR
7.5 m2 /
unit
NR
2 storeys
4 storeys
Notes:
NR = No Requirement
(1)
Except that for the wall of the private garage containing the opening for a vehicle, the minimum yard shall be 5.8 metres.
(2)
Except that the minimum distance where access is provided to both sides of a lane shall be 1.75 metres.
(3)
Except that for a corner lot, the minimum lot frontage shall be 9 metres.
(4)
If no common wall exists between the rear garages of attached units, the minimum interior side yard for the garage portion of the building and any space
above shall be 0.6 metres.
(5)
Where no common wall exists.
(6)
Except that the minimum private amenity space shall be 10 square metres for lots with frontages of less than 6 metres.
(7)
Except that the minimum rear yard for Lot 6 on Block 26 shall be 2.0m measured perpendicular from the angled rear lot line to the nearest point of the main
building on the lot.
Zoning By-Law 1784
Section 5M - 23
(b)
Additional Provisions
(ii)
The following provisions apply to back to back townhouse
dwelling units
(a) The minimum lot depth of a back to back townhouse
dwelling unit shall be 13.0 metres.
(iii)
The following provisions apply to the lots with street
townhouse dwellings with an integral rear garage that front
onto Winchester Road West and the north-south section of
Cottesmore Drive:
(a) The minimum rear yard setback to the street line shall
be 3.5 m provided that for the lots that front onto
Winchester Road West if the front yard setback is
reduced below 10.0 m, the rear yard setback will be
increased by the same dimension of the front yard
reduction.
(b) Decks are permitted to project from the second storey
rear exterior wall of a dwelling unit with a rear-
accessed garage a maximum distance of 3.65 m.
(c) The minimum rear yard setback to the street line from
a deck projecting from a rear exterior wall shall be
1.75 m.
(d) The minimum rear yard setback to the street line of
any support column or post that supports a deck shall
be 1.75 m.
(e) The maximum diameter of any support column or post
shall be 15.4 cm or as required by the Ontario
Building Code.
(f) In the area between any foundation wall related to the
main building and any support column or post that
supports a deck no structure, wall, fence, hedge,
shrub or other vegetative planting or landscape
feature that has a height greater than 1.0 m above
finished grade level shall be permitted in order to
avoid any sight line obstructions.
(c)
Parking Requirements
Notwithstanding any provisions of Section 4A to the contrary, the
following provisions shall apply:
(ii)
The minimum number of parking spaces required for a
back to back townhouse dwelling shall be 2 spaces per
dwelling unit provided the dwelling unit has a private
garage accessed by a driveway from a public street or
lane.
(iii)
The minimum number of parking spaces required for a
street townhouse dwelling shall be 2 spaces per dwelling
unit provided that dwelling unit has a private garage
accessed by a driveway from a public street or lane.
Zoning By-Law 1784
Section 5M - 1
Section 5N
Residential (R4C*) Zone
No person shall use any lot or erect or alter to use any building or structure in an 'R4C*' Zone except in
accordance with the following uses and zone provisions:
(i)
Uses Permitted
-
activity building, accessory to a block townhouse development
-
apartment dwelling house
-
block townhouse dwelling
-
fourplex dwelling
-
retirement home
-
semi-detached duplex dwelling
-
stacked dwelling
-
street townhouse dwelling
-
triplex dwelling
(ii)
Zone Provisions
(1)
Triplex Dwelling, Fourplex Dwelling, Semi-Detached Duplex Dwelling
(a)
Lot Frontage (Minimum)
Triplex
18 m
Fourplex
30 m
Semi-Detached Duplex
Interior
21 m
Corner
25.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area (Minimum)
Triplex
540 m2
Fourplex
900 m2
Semi-Detached Duplex
630 m2
(d)
Lot Coverage
Maximum
40 % of the lot area
(e)
Front Yard
Minimum
4.5 m
Provided however, and notwithstanding the above, a garage or
carport, the entrance to which is from the front yard, shall be
set back from the front lot line a minimum distance of
5.5 m
(f)
Rear Yard
Minimum
7.5 m
(g)
Interior Side Yard
Minimum
3.7 m
(5026-02)
Zoning By-Law 1784
Section 5M - 2
(h)
Exterior Side Yard
Minimum
4.5 m
Provided however, and notwithstanding the above, a garage or
carport, the entrance to which is from the exterior side yard,
shall be set back from the exterior side lot line a minimum
distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40% of the lot area
Provided not less than 60% of the front yard shall be
maintained as landscaped open space.
(j)
Height of Building
Maximum
3 storeys
(k)
Parking
Repealed by By-law 6925-14
(l)
Driveway Location
Where a driveway intersects a street line on a public street
having a width greater than 20 m the minimum distance
between the driveway and the next adjacent driveway(s) shall
be
15 m
(2)
Block Townhouse Dwelling, Accessory Activity Building And Stacked Dwelling
(a)
Lot Frontage
Minimum
30 m
(b)
Lot Area (Minimum)
Block Townhouse
0.4 ha
Stacked Dwelling
135 m2/unit
(c)
Lot Coverage
Maximum for all buildings
35% of the lot area
(d)
Density
Minimum:
30 units per net ha
Maximum:
40 units per net ha
(e)
Yards
(i)
The minimum distance from a street line or a 0.3 m
reserve to the nearest portion of a block townhouse or
stacked dwelling shall be
10.0 m
Provided however, and notwithstanding the above, the minimum
distance from a street line to the nearest portion of the block
townhouse or stacked dwelling may be reduced to a minimum 5.0
m setback provided a private amenity space of 30 m2, and which
has a minimum linear dimension of 4.5 m on one side, is provided
adjacent to the block townhouse or stacked dwelling unit on the
side of the block townhouse dwelling unit which faces an internal
roadway.
(6925-14)
Zoning By-Law 1784
Section 5M - 3
(ii)
The minimum distance from a property line other than
a street line or a 0.3 m reserve to the nearest portion
of a block townhouse or stacked dwelling shall be
7.5 m
Provided however, and notwithstanding the above the
minimum distance from a property line other than a
street line or a 0.3 m reserve to the nearest portion of
the end wall of a block townhouse or stacked dwelling
shall be
2.0 m
(iii)
The minimum distance from a property line to the
nearest portion of a detached garage shall be
5.5 m
(f)
Distance Between Buildings On The Same Lot
(i)
The minimum distance between the end walls of
separate block townhouse or stacked dwellings shall
be
3.0 m
(ii)
The minimum distance between the end wall of a
block townhouse or stacked dwelling and a wall other
than an end wall on a separate block townhouse or
stacked dwelling shall be
9.5 m
(iii)
The minimum distance between walls other than the
end walls on separate block townhouse or stacked
dwellings shall be
15 m
(iv)
The minimum distance between a detached garage
and a block townhouse or stacked dwelling unit shall
be
5.0 m
(v)
The minimum distance between an activity building
and an end wall of a block townhouse or stacked
dwelling shall be
5.0 m
(vi)
The minimum distance between an activity building
and a wall other than an end wall of a block
townhouse or stacked dwelling shall be
9.5 m
(g)
Internal Roadway
(i)
The minimum width of an internal roadway shall be
8.5 m
(ii)
The minimum distance from an internal roadway to
the nearest portion of a block townhouse or stacked
dwelling shall be
4.5 m
Except in the case of an end wall adjacent to a
roadway, the minimum distance shall be
1.75 m
(iii)
The minimum distance from an internal roadway to
the nearest portion of a detached garage shall be
5.5 m
(h)
Landscaped Open Space
Minimum
50 % of the lot area
(i)
Height of Building
Maximum
3 storeys
Zoning By-Law 1784
Section 5M - 4
(j)
Private Amenity Space
Minimum
30 m2/unit
(k)
PARKING
Repealed by By-law 6925-14
(3)
Street Townhouse Dwelling
(a)
Lot Frontage (Minimum)
Interior
6.0 m
Corner
10.5 m
(b)
Lot Depth
Minimum
30 m
(c)
Lot Area
Minimum
180 m2
(d)
Lot Coverage
Maximum
50% of the lot area
(e)
Front Yard
Minimum
4.5 m
Provided, however, and notwithstanding the above, a garage
or carport, the entrance to which is from the front yard, shall be
set back a minimum distance from the lot line of
5.5 m
(f)
Rear Yard
Minimum
7.5 m
(g)
Interior Side Yard
There is no interior side yard requirement except in the case of
an unattached wall of an end dwelling unit, in which case the
minimum width of such interior side yard shall be
1.0 m
The exterior wall of the second storey of any building shall be
set back a distance from the interior side lot line of at least
1.75 m
(h)
Exterior Side Yard
Minimum
4.5 m
Provided however, and notwithstanding the above, a garage or
carport, the entrance to which is from the exterior side yard
shall be set back from the exterior side lot line a minimum
distance of
5.5 m
(i)
Landscaped Open Space
Minimum
40% of the lot area
(j)
Height of Building
Maximum
9.5 m
(k)
Parking
Repealed by By-law 6925-14
(l)
Driveway Location
The driveway shall only be located on a street having a width of 20 m or
less.
(6925-14)
(6925-14)
Zoning By-Law 1784
Section 5M - 5
(4)
Retirement Home and Apartment Dwelling House
(a)
Lot Frontage
Minimum
50 m
(b)
Lot Area
Minimum
0.5 ha
(c)
Lot Coverage
Maximum
35% of the lot area
(d)
Density
Minimum:
30 units per net ha
Maximum:
40 units per net ha
(e)
Front Yard
Minimum Depth
6.0 m
(f)
Rear Yard
Minimum Depth
7.5 m
(g)
Interior Side Yard
Minimum Depth
in the case of an end wall containing no habitable room
windows
4.5 m
in the case of an end wall containing a habitable window other
than a living room window
6.0 m
in the case of an end wall containing a living room window
7.5 m
(h)
Exterior Side Yard
Minimum Depth
6.0 m
(i)
Landscaped Open Space
Minimum
30% of the lot area
(j)
Height Of The Building
Maximum
3 storeys, plus the mechanical penthouse
(k)
Parking
Repealed by By-law 6925-14
(l)
Parking Location
Repealed by By-law 6925-14
(m)
Distance Between Buildings on the Same Lot
(i)
The minimum distance between two exterior walls (neither of which
is an end wall) facing and parallel to each other, where either or
both walls contain a living room window, shall be the height of the
higher wall or 15 m, whichever is the greater.
(ii)
The minimum distance between an exterior wall containing a living
room window and a facing and parallel end wall containing no
windows to habitable rooms shall be the height of the higher wall or
12.5 m, whichever is the greater.
(6925-14)
(6925-14)
Zoning By-Law 1784
Section 5M - 6
(iii)
The minimum distance between two exterior walls (neither of which
is an end wall) facing and parallel to each other, where either or
both contain windows to habitable rooms other than living room
windows, shall be the height of the higher wall or 10.5 m, whichever
is the greater, provided that such distance shall not be less than 15
m for buildings over 2 ½ storeys in height.
(iv)
The minimum distance between an exterior wall containing a
habitable room window, other than a living room window, and a
facing and parallel end wall containing no windows of habitable
rooms shall be one-half the height of the higher wall or 7.0 m,
whichever is the greater.
(v)
The minimum distance between two end walls facing and parallel to
each other where neither wall contains habitable room windows
shall be one-quarter the height of the higher wall or 3.7 m,
whichever is the greater.
(vi)
For the purpose of this section, such exterior walls having an angle
of divergence of not more than 85 degrees shall be deemed to face
and be parallel to each other.
In this clause, "Angle of Divergence" means the interior acute
angle formed by and lying between such two exterior walls of their
projection.
Zoning By-Law 1784
Section 5O - 1
Section 5O
Residential (R5A*) Zone
(a) No person shall use any lot or part of a lot or erect or alter or use any building or structure in the "R5A*"
Zone except in accordance with the following uses and zone provisions:
(i)
USES PERMITTED
-
apartment dwelling house
-
long term care facility
-
retirement home
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
50 m
(b)
LOT AREA
Minimum
0.5 ha
(c)
LOT COVERAGE
Maximum
35%
(d)
DENSITY
The number of apartment dwelling units permitted within
an `R5A*' Zone shall be
Minimum:
65 units per net ha
Maximum:
135 units per net ha
(e)
HEIGHT
Maximum
6 storeys
(f)
SETBACKS
(i)
FRONT YARD
(a)
the minimum building setback from a designated local
road shall be
6.0 m
(b)
the minimum building setback from a designated
collector road or any building or portions of any
building not exceeding three storeys shall be
5.5 m
(c)
where buildings or portions of buildings
are 4 storeys or greater, the minimum
building setback shall be
6.0 m or half the height
of the building, whichever
is greater
(d)
the minimum setback from a designated
arterial road shall be
10.0 m or half the height
of the building, whichever
is greater
(ii)
REAR YARD
Minimum Depth
7.5 m or half the height of
the building, whichever
is greater
(4622-00)
(5026-02)
(5474-04)
(6925-14)
Zoning By-Law 1784
Section 5O - 2
(iii)
INTERIOR SIDE YARD
Minimum Depth
6.0 m
(iv)
EXTERIOR SIDE YARD
the minimum building setback from a designated
local road shall be
5.5 m or half the height of
the building, whichever is
greater
the minimum building setback from a designated collector road
or any building or portions of any building not exceeding three
storeys shall be
5.5 m
where buildings or portions of buildings are 4
storeys or greater, the minimum building setback
shall be
6.0 m or half the height of
the building, whichever is
greater
the minimum setback from a designated arterial
road shall be
10.0 m or half the height of
the building, whichever is
greater
(g)
DISTANCE BETWEEN BUILDINGS ON THE SAME LOT
The minimum distance between buildings shall be
15 m
provided however, and notwithstanding the above, this distance
may be reduced to 7.5 m between the end walls of buildings
provided neither wall contains a bedroom, living room or dining
room window.
(h)
INTERNAL ROADWAY
(i)
Minimum Width
8.5 m
(ii)
The minimum distance from an internal roadway to the
nearest end wall containing no habitable room windows
of an apartment dwelling shall be
2.0 m
Provided however, and notwithstanding the above, the
minimum distance from an internal roadway to the
nearest exterior wall of an apartment dwelling containing
a living room, bedroom or dining room window shall be
5.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
30% of the lot area
(j)
PARKING
Repealed by By-law 6925-14
Zoning By-Law 1784
Section 5O - 3
(iii)
EXCEPTIONS
(a)
R5A*-1: EXCEPTION 1
300 Carnwith Drive East
1.
Defined Area
The land located north of Carnwith Drive East and east of Thickson Road
North and zoned R5A*-1 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of the By-law # 1784.
2.
Uses Permitted
No person shall within any R5A*-1 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
uses:
-
apartment building
-
block townhouse dwelling
-
long term care home
-
retirement home
3.
Zone Provisions
No person shall within any R5A*-1 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law # 1784, and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C.P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R5A*-1 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
Notwithstanding the definition of the front lot line, the lot line
abutting Carnwith Drive East shall be deemed the front lot line and
the lot line opposite the front lot line shall be deemed the rear lot
line. The lot line abutting Thickson Road North shall be deemed the
exterior side lot line. All other lot lines shall be deemed to be interior
side lot lines.
(c)
Lot Coverage
Maximum
35%
(d)
Landscaped Open Space
Minimum
30%
(e)
Front Yard
Minimum Depth
4.5 m
(f)
Rear Yard
Minimum Depth
10.0 m
(7530-19)
(5956-07)
Zoning By-Law 1784
Section 5O - 4
(g)
Interior Side Yard
Minimum Width
7.5 m
(h)
Exterior Side Yard
Minimum Width
4.5 m
(i)
Density
Minimum
40 units per net hectare
Maximum
115 units per net hectare
(j)
Height of Building
Maximum
apartment building
6 storeys
block townhouse dwelling
3 storeys
(k)
Location of Apartment Building
(i)
No apartment building shall be situated any further than 30
metres from the Thickson Road North street line
(l)
Setback to a Visibility Triangle
Minimum
4.5 m
(m)
Separation Distance between Block Townhouse Dwellings
(i)
The minimum separation distance above
finished grade between end walls of separate
block townhouse dwellings shall be
3.0 m
Notwithstanding provision (n)(i) above, the minimum
separation distance between end walls of separate block
townhouse dwellings may be reduced to 2.2 m for wall
projections screening or enclosing equipment such as air
conditioners, heat exchangers and utility meter.
(n)
Setback to Aisle and/or Driveway
(i)
The minimum separation distance from the end
wall of an apartment building or block
townhouse dwelling to an aisle or driveway
shall be
1.5 m
(ii)
The minimum separation distance from an
exterior wall of an apartment building other
than an end wall to an aisle or driveway other
than a lobby drop off or pickup lay-by or a
loading zone shall be
5.0 m
(o)
Aisle and/or Driveway Width
(i)
The minimum width for an aisle and/or
driveway shall be
6.5 m
(ii)
The minimum width of an aisle and/or driveway
serving a loading area-two way shall be
6.5 m
Zoning By-Law 1784
Section 5O - 5
(p)
Parking Requirements for Apartment Building
(i)
All required parking spaces shall be located within a
parking structure situated below finished grade provided
that up to 20% of any required parking spaces may be
situated at finished grade.
(ii)
Any parking structure situated below finished grade may
be located no closer than 0.5 m to any street line or any
other lot line provided that any roof deck or finished top
level of the parking structure is completely below finished
grade. This provision shall not apply to ventilation shafts,
stairways and other similar facilities associated with a
parking structure that project above finished grade.
(iii)
Any parking area or parking space at finished grade shall
be set back a minimum distance of 3.0 m from any street
line or any other lot line and 1.5 m from an end wall.
(q)
Setback to Trans Canada Pipeline Easement
(i)
Any building, structure or accessory structure situated above grade
or below grade shall be setback from the Trans Canada Pipeline
easement right of way or any of its successors a minimum distance
of 10 metres.
(r)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subjection 4(y) Yard Encroachments
Permitted provision (c) Decks, Porches, Steps, Patios and Balconies to the
contrary:
(i)
Decks or patios, including any related screen wall enclosing such
deck or patio, porches and balconies are permitted to project from
the main wall of a building provided they are set back a minimum
distance 2.0m from a street line, and 1.5 m from an aisle or
driveway,
(ii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line, aisle or driveway.
(iii)
Decks, porches, steps and balconies are permitted to project from
the first and second storey of a dwelling unit a maximum distance
of 3.5 m from the rear main wall of a dwelling unit.
(iv)
Balconies are permitted to project from the third storey of a dwelling
unit a maximum distance of 1.5 m from the rear main wall of a
dwelling unit.
(s)
Accessory Structure
(i)
Notwithstanding the definitions of Accessory Structure in
Section 2 Definitions of By-law to the contrary, an
accessory structure may be attached to a main building
and may be used to house and store equipment and
utility devices related to the principal uses on the lot.
(ii)
The maximum height of an accessory structure
measured from grade level to the ridge of any roof
structure shall be
4.5 m
Zoning By-Law 1784
Section 5O - 6
(iii)
The minimum separation distance from an accessory
structure used to house and store equipment and utility
devices to an aisle or driveway shall be
0.3 m
(t)
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to
the lands zoned R5A*-1 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(b)
R5A*-2: EXCEPTION 2
Notwithstanding the provisions of Section 5M(ii)(d) of By-law # 1784 to the contrary,
the lands zoned "R5A*-2", as identified on Schedule "A-1" attached to and forming
part of By-law # 4662-00 shall have the following exceptions:
(i)
DENSITY
The maximum number of apartment dwelling units permitted within an
"R5A*-2" Zone shall be
Minimum
40 units per net ha
Maximum
115 units per net ha
(c)
R5A*-3: EXCEPTION 3
Site rezoned to R4B* by By-law 5254-03
(d)
'R5A*-4': EXCEPTION 4
(i)
Notwithstanding the permitted uses provision of Section 5N (i), the lot
frontage provisions of Section 5N (ii)(a), the lot area provisions of Section 5N
(ii)(b) and the building height provisions of Section 5N (ii)(e) of 'R5A*' Zone
of By-law # 1784, the following zone provisions shall be permitted on those
lands identified as 'R5A*-4' on Schedule "A-1" annexed by By-law # 5168-
02:
(a)
USES PERMITTED
-
block townhouse
-
street townhouse
-
apartment dwellings
(b)
LOT FRONTAGE
Minimum
46 m
(c)
LOT AREA
Minimum
0.25 ha
(d)
BUILDING HEIGHT
Maximum
3 storeys
(ii)
Where the lands are developed for the purpose of block townhouse
dwellings, the lands shall be developed in accordance with the zone
provisions of Section 5K 'R4A*' of By-law 1784, and exception 'R5A*-4'.
(5956-07)
(4790-01)
(5957-07)
(5254-03)
Zoning By-Law 1784
Section 5O - 7
(iii)
Where the lands are developed for the purposes of street townhouse
dwellings, the lands shall be developed in accordance with the zone
provisions of Section 5L 'R4B*'of By-law 1784, and exception 'R5A*-4' and
all units shall front onto a local street.
(iv)
Where the lands are developed for the purposes of apartment dwellings, the
lands shall be developed in accordance with the zone provisions of Section
5N 'R5A*' of By-law 1784, and exception R5A*-4: Exception 4.
(e)
'R5A*-5': EXCEPTION 5
WINCHESTER ROAD WEST
(i)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
10 m
(b)
UNITS
Maximum
102 units
(c)
HEIGHT
Maximum
3 storeys
(d)
SETBACKS
(i)
REAR YARD
Minimum Depth
12 m
(e)
INTERNAL ROADWAY
(i)
Minimum Width
6.0 m
(ii)
The minimum distance from an internal
roadway to the nearest end wall containing
no habitable room windows or the wall of an
apartment dwelling containing a living room,
bedroom or dining room window shall be
2.0 m
(f)
PARKING
(i)
Notwithstanding any provisions of this By-
law to the contrary, the minimum distance
between a parking area and the end wall
containing no habitable room windows or the
exterior wall of an apartment dwelling
containing a living room, bedroom, or dining
room shall be
2.0 m
(ii)
All other zone provisions and permitted uses of Section 5 O of By-law 1784
shall apply.
(f)
R5A*-6: EXCEPTION 6
PART LOT 21, CONCESSION 1
100, 200 GLEN HILL DRIVE SOUTH
1.
USES PERMITTED
(a)
No person shall within any R5A*-6 Zone use any lot or erect, alter
or use any building or structure except in accordance with one or
more of the following uses:
(6007-07)
(6356-10)
Zoning By-Law 1784
Section 5O - 8
-
seniors residence
-
long term care facility
-
accessory and incidental uses to a seniors residence or a long
term care facility such as and similar to:
−
auditorium
−
beauty salon
−
chapel
−
dining room
−
fitness facility
−
gift shop
−
library
−
medical office
−
office
−
snack bar
provided that the primary means of access to such facilities is
from an internal corridor or hallway.
2.
ZONE PROVISIONS
No person shall within any R5A*-6 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
DETERMINATION OF LOT
Notwithstanding the definition of 'Lot' in Section 2 and any other
provisions of By-law # 1784 to the contrary, all lands zoned R5A*-6
shall be considered to be one lot for the purposes of applying the
zone provisions of this By-law.
(b)
LOT FRONTAGE
Minimum
70 m
(c)
LOT COVERAGE
Maximum
35% of the lot area
(d)
FRONT YARD DEPTH
Minimum
10 m
(e)
REAR YARD DEPTH
Minimum
10 m
(f)
INTERIOR SIDE YARD
Minimum
13 m
(g)
EXTERIOR SIDE YARD
Minimum
6.0 m
(h)
LANDSCAPED OPEN SPACE
Minimum
35% of lot area
(i)
BUILDING HEIGHT
Maximum
14 storeys
(j)
NUMBER OF DWELLING UNITS
Maximum
355
(6925-14)
(6776-13)
Zoning By-Law 1784
Section 5O - 9
(k)
NUMBER OF BUILDINGS
Maximum
3
(l)
PARKING AREA REQUIREMENTS
Notwithstanding the provisions of Section 4 General Provisions,
subsection (n) Parking Area Requirements of By-law # 1784, only
the following parking area requirements shall apply:
(i)
NUMBER OF PARKING SPACES
Seniors Residence
Minimum
0.4 spaces for each unit
plus 0.2 spaces per unit
allocated and assigned
for visitors parking
Long Term Care Facility
Minimum
0.25 spaces per bed
(ii)
LOCATION OF PARKING SPACES
All yards provided that no part of any parking area, other
than a driveway, is located closer than 0.5 metres from
any lot line.
Provided however, and notwithstanding the above, an
underground structure may be located within 0.0 meters of
any lot line provided further that any roof deck or finished
top level of the parking structure is completely below
finished grade level.
(g)
R5A*-7: EXCEPTION 7
SOUTHEAST CORNER OF TAUNTON ROAD EAST AND ANDERSON STREET
3975 ANDERSON STREET
(a)
No person shall use any lot, or erect or alter or use any building or structure
in any "R5A*-7" Zone as shown on Schedule "A-1" attached to By-law #
4590-00 except in accordance with the following uses and zone provisions:
R5A*-7
(a)
USES PERMITTED
-
one linked dwelling house not exceeding three dwelling units
-
one semi-detached dwelling house
-
retirement home
(b)
ZONE PROVISIONS
(a)
LOT AREA
minimum
3 ha
(b)
LOT COVERAGE
maximum
15% of the lot area
(c)
FRONT YARD
minimum Depth
15 m
(6925-14)
(4590-00)
(6600-12)
Zoning By-Law 1784
Section 5O - 10
(d)
INTERIOR SIDE YARD
Minimum Depth from the east property line
60 m
(e)
REAR YARD
minimum Depth
25 m
(f)
EXTERIOR SIDE YARD
minimum Depth
15 m
(g)
LANDSCAPED OPEN SPACE
minimum
50% of the lot area
(h)
HEIGHT OF BUILDINGS
maximum
3 storeys
(i)
NUMBER OF RETIREMENT SUITES
maximum
119
(j)
PARKING
Notwithstanding the provisions of Section 4 of By-law #
1784, the following parking provisions shall apply:
retirement home:
0.6 spaces for each suite,
with 0.2 spaces per unit
allocated and assigned for
visitor parking
semi-detached or link dwelling
house:
1.2 spaces for each unit,
with 0.2 spaces per unit
allocated and assigned for
visitor parking
Notwithstanding Section 4(ix) of By-law # 1784 parking
areas may be located in all yards provided that no portion
of any parking area, other than a driveway is located closer
than 10 m to any street line.
(h)
R5A*-7: EXCEPTION 7
PLAN OF SUBDIVISION SW-2008-03
VANIER STREET
(i)
USES PERMITTED
(a)
No person shall within any R5A*-7 Zone use any lot or erect, alter
or use any building or structure except in accordance with one or
more of the following uses:
Residential
-
apartment building
(b)
Non-Residential
-
financial institution
-
office
-
personal service establishment
-
retail store
(6985-15)
Zoning By-Law 1784
Section 5O - 11
(ii)
ZONE PROVISIONS
No person shall within any R5A*-7 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
DETERMINATION OF LOT
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784, and not withstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R5A*-7 by this By-law shall be
considered to be one lot.
(b)
FRONT LOT LINE
Notwithstanding the definition of Lot Line, Front in Section 2 of By-
law #1784, the front lot line shall be deemed to be the Vanier Street
streetline.
(c)
LOT FRONTAGE
Minimum
50 m
(d)
LOT AREA
Minimum
0.4ha
(e)
LOT COVERAGE
Maximum
45% of the lot area
(f)
YARDS
(i)
Front Yard - minimum depth
6.0 m
(ii)
Rear Yard - minimum depth
6.0 m
(iii)
Interior Side Yard - minimum depth
6.0 m
(iv)
Exterior Side Yard - minimum depth
6.0 m
(g)
NUMBER OF APARTMENT DWELLING UNITS
Minimum
150 units
Maximum
300 units
(h)
HEIGHT OF BUILDINGS
Minimum
8 storeys
Maximum
18 storeys
Provided that any apartment building having a height of more than
8 storeys shall be developed as a Point Tower.
(i)
FLOOR PLATE AREA
The maximum floor plate area for any storey in a
Point Tower shall be
800 m2
(j)
DISTANCE BETWEEN APARTMENT BUILDINGS
Minimum
20 m
(k)
LANDSCAPED OPEN SPACE
Minimum
30% of the lot area
Zoning By-Law 1784
Section 5O - 12
(l)
NON-RESIDENTIAL PROVISIONS
(i)
Notwithstanding the definition of an Apartment Building,
non-residential uses are required to be provided in at least
one apartment building on the land zoned R5A*-7 by this
By-law.
(ii)
Non-residential uses shall only be permitted on the first or
second storey or on a floor below the first storey.
(iii)
The minimum gross floor area devoted to non-residential
uses shall be 250 m2.
(m)
PARKING AND LOADING REQUIREMENTS
Parking shall be in accordance with the provisions of Section 4A
Parking and Loading Requirements of By-law #1784.
(i)
Location of Parking Spaces
(a) Notwithstanding the provisions of Section 4A, all
required parking spaces for residential uses shall be
provided within a parking structure provided that up to
10% of any required parking spaces for residential
uses may be provided at grade in a surface parking
area.
(n)
DEFINITIONS
For the purpose of the interpretation of the various zone provisions
set forth above, the following definitions shall apply and where
there is a conflict between the definitions set forth hereunder and
those set forth in Section 2 of By-law #1784 the following definitions
shall apply:
"APARTMENT BUILDING" means the whole of a building that
contains four or more dwelling units which have a common
entrance either from a yard or landscaped open space and are
served by a common corridor and the occupants of which units
have the right to the use, in common with others entitled thereto, of
the corridors, stairs and yards, or one or more of them, or by an
individual entrance from a yard or landscaped open space and
which units are divided horizontally and/or vertically.
"FLOOR PLATE AREA" means the total area of a floor of a
building, measured from the exterior of the main wall of the floor
level, including voids at the level of the floor, such as an atrium,
mezzanine, stairwell, escalator, elevator, ventilation duct or utility
shaft but shall not include any unenclosed private balcony or
private terrace.
"LANDSCAPED OPEN SPACE" means the open unobstructed
space at grade on a lot accessible by walking from the street on
which the lot is located and which is suitable for the growth and
maintenance of grass, flowers, bushes, and other landscaping or
other common outdoor recreational activity space and includes any
surfaced walk, patio, open space or similar areas or other private or
common outdoor recreational activity areas or landscaped space
on the roof of a podium, point tower and apartment dwelling house
but does not include any driveway or ramp whether surfaced or not,
nor any curb, retaining wall, parking area or private balcony or
private terrace.
Zoning By-Law 1784
Section 5O - 13
"LOT COVERAGE" means that percentage of the area of the lot
covered by the horizontal projections of all buildings above grade.
"PODIUM" means the base of a building consisting of a base and a
point tower above the base where the base is two storeys or
greater.
"POINT TOWER" means the portion of a building above the
podium of the building, where the tower portion of the building is at
least 12 storeys.
(o)
ZONE PROVISIONS THAT DO NOT APPLY
The following subsections of Section 4 General Provisions shall not
apply to the lands zoned R5A*-7 by this By-Law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
4(y)
Accessory Uses and Yard Encroachments Permitted
(i)
R5A*- 9: Exception 9
Part of Lot 26, Concession 3
95 Taunton Road East
1.
Defined Area
The lands located south of Taunton Road East and west of Riverwood Street
and zoned R5A*-9 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law # 1784.
2.
Uses Permitted
No person shall within any R5A*-9 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
uses:
-
retirement home
-
stacked townhouse dwelling
3.
Zone Provisions
No person shall within any R5A*-9 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law # 1784, and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R5A*-9 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
The lot line abutting Taunton Road East shall be deemed the front
lot line and the lot line opposite the front lot line and abutting
Hubbel Drive and Willowbrook Drive shall be deemed the rear lot
line. All other lot lines shall be deemed to be interior lot lines.
(7151-16)
Zoning By-Law 1784
Section 5O - 14
(c)
Lot Frontage
Minimum
100 m
(d)
Lot Area
Minimum
1.0 ha
(e)
Lot Coverage
Maximum
40 % of the lot area
(f)
Front Yard
Minimum Depth
3.0 m
Maximum Depth
7.5 m
(g)
Rear Yard
Minimum Depth
4.0 m
(h)
Interior Side Yard
Minimum Width
7.5 m
(i)
Number of Dwelling Units
Maximum
-
retirement home
162 units
-
stacked townhouse dwelling
10 units
(j)
Height of Building
Maximum
-
retirement home
8 storeys
-
stacked townhouse dwelling
3 storeys
(k)
Landscaped Open Space
Minimum
30 % of lot area
(l)
Location of Retirement Home
(i)
No portion of a retirement home shall be situated any
further than 73 metres from the Taunton Road East street
line.
(m)
Separation Distance Between Buildings
(i)
The minimum separation distance between
end walls of separate main buildings shall be
10 m
(n)
Setback to Aisles and/or Driveway
(i)
The minimum separation distance from the
end wall of a main building to an aisle and/or
driveway shall be
2.0 m
(o)
Decks, Porches, Steps, Patio and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary:
(i)
Decks, porches, patios and balconies are permitted to
project from the main wall of a dwelling unit provided they
Zoning By-Law 1784
Section 5O - 15
are set back a minimum distance of 2.0 m from a street
line or aisle and/or driveway.
(ii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line or aisle
and/or driveway.
(p)
Accessory Structure and/or Activity Building
Notwithstanding the definitions of Accessory Structure and Activity
Building in Section 2 Definitions of this By-law to the contrary, an
accessory structure and/or activity building may be attached to a
main building and may be used to house and store equipment and
utility devises related to the principal uses on the lot.
(q)
Parking Requirements
(i)
Number of Parking Spaces - Retirement Home
Minimum
0.3 spaces per dwelling unit
plus 0.2 spaces per dwelling
unit dedicated for visitor
parking.
(ii)
Number of Parking Spaces - Townhouse Dwelling
Minimum
1.25 spaces per dwelling unit
(iii)
Location of Parking Spaces
Any parking spaces and parking area shall be set back a
minimum distance of 2.0 m from any main building, 3.0
from any street line and 1.0 m from any other lot line.
(r)
Loading Area Requirements
(i)
Number of Loading Spaces
Minimum
1 space
(ii)
Dimensions of Loading Space
Minimum Length
5.0 m
Minimum Width
3.5 m
Minimum Height
4.5 m
(s)
Definitions
For the purpose of the interpretation of the various zone provisions
set forth above, the following definitions shall apply and where
there is a conflict between the definitions set forth hereunder and
those set forth in Section 2 of By-law # 1784 the following
definitions shall apply:
"Dwelling, Stacked Townhouse" means a building other than a
converted dwelling, located on a lot or lots containing more than
four dwelling units, each of which has a vertical and a horizontal
common wall and an independent entrance either directly from the
outside or through a common vestibule.
(t)
Holding Provisions
Site rezoned to R5A*-9 by By-law 7342-17
(7342-17)
Zoning By-Law 1784
Section 5O - 16
(j)
R5A*-10: Exception 10
Southeast corner of Garden Street and Promenade Drive
1.
Defined Area
The lands located south of Promenade Drive and east of Garden Street and
zoned R5A*-10 shall be subject to the provisions as hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law # 1784.
2.
Uses Permitted
No person shall within any R5A*-10 Zone use any lot or erect, alter or use
any building or structure except for one or more of the following uses:
-
apartment building
-
block townhouse dwelling
-
long term care home
-
retirement home
-
seniors apartment building
3.
Zone Provisions
3.1
Apartment Building, Long Term Care Home, Retirement Home
The zone provisions for an apartment building, long term care
home and retirement home with the R5A*-10 Zone shall be the
same as those set out in Section 5O the Residential R5A* Zone.
3.2
Block Townhouse Dwelling, Seniors Apartment Building
No person shall within any R5A*-10 Zone use any lot or erect, alter
or use any building or structure except in accordance with the
following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any
other provisions of By-law # 1784, and notwithstanding the
obtaining of any severance by way of a consent under the
provisions of the Planning Act, R. S. O. 1990, C. P. 13 as
amended from time to time, or the registration at any time
of any Condominium Declaration, a Plan of Subdivision, or
conveyance with respect to any portion of the said land,
the land zoned R5A*-10 by this By-law shall be considered
to be one lot.
(b)
Lot Frontage
Minimum
100 m
(c)
Lot Area
Minimum
1.0 ha
(d)
Lot Coverage
Maximum
50 %
(e)
Landscaped Open Space
Minimum
30 %
(7191-16)
Zoning By-Law 1784
Section 5O - 17
(f)
Front Yard
Minimum Depth
4.0 m
(g)
Rear Yard
Minimum Depth
7.5 m
(h)
Interior Side Yard
Minimum Width
6.0 m
Notwithstanding provision (h) above, the
minimum interior side yard width to the end
wall of a block townhouse dwelling shall be
1.2 m
(i)
Exterior Side Yard
Minimum Width
4.0 m
(j)
Number of Dwelling Units
Minimum
110 units
Provided further that the minimum and maximum number
of dwelling units for certain permitted uses shall be as
outlined below:
-
Block Townhouse Dwelling
Maximum
50 units
-
Seniors Apartment Building
Minimum
65 units
(k)
Height of Building
Maximum
-
Block Townhouse Dwelling
3 storeys
-
Seniors Apartment Building
6 storeys
(l)
Location of Seniors Apartment Building
(i)
No seniors apartment building with a height of
building greater than 4 storeys shall be situated any
further than 40 metres from the Garden Street street
line.
(m)
Separation Distance between Block Townhouse Dwellings
(i)
The minimum separation distance
above finished grade between end walls
of separate block townhouse dwellings
shall be
3.0 m
(ii) Notwithstanding provision (m)(i) above, the minimum
separation distance between end walls of separate
block townhouse dwellings may be reduced to 2.2 m
for wall projections screening or enclosing equipment
such as air conditioners, heat exchangers and utility
meters.
(n)
Setback to Aisle or Driveway
(i)
The minimum separation distance from
the end wall of a block townhouse
Zoning By-Law 1784
Section 5O - 18
dwelling or a seniors apartment building
to an aisle or driveway shall be
2.0 m
(ii) The minimum separate distance from
the nearest exterior wall of a seniors
apartment building to an aisle or
driveway shall be
3.2 m
(o)
Parking Requirements for Seniors Apartment Building
(i)
All required parking spaces shall be located within a
parking structure situated below finished grade
provided that up to 10% of any required parking
spaces may be situated at finished grade.
(ii) Any parking structure situated below finished grade
may be located no closer than 1.0 m to any street line
or any other lot line provided that any roof deck or
finished top level of the parking structure is
completely below finished grade. This provision shall
not apply to ventilation shafts, stairways and other
similar facilities associated with a parking structure
that project above finished grade.
(iii) Any parking area or parking spaces situated at
finished grade shall be set back a minimum distance
of 3.0 m from any street line or any other lot line, 3.5
m from an exterior wall other than an end wall and 1.8
m from an end wall.
(p)
Accessory Structure and/or Activity Building
Notwithstanding the definitions of Accessory Structure and Activity
Building in Section 2 Definitions of this By-law to the contrary, an
accessory structure and/or activity building may be attached to a main
building and may be used to house and store equipment and utility
devices related to the principal uses on the lot.
The maximum height of an accessory structure
measured from grade level to the ridge of any roof
structure shall be
4.5 m
(q)
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not
apply to the lands zoned R5A*-10 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
4(y)
Accessory Uses and Yard Encroachments Permitted
(j)
R5A*-11: Exception 11
Part of Lot 21, Concession 3 Plan of Subdivision SW-2016-02
1)
Defined Area
The lands located west of Thickson Road North at north of Rossland Road
East and zoned R5A*-11 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law #1784.
(7344-17)
Zoning By-Law 1784
Section 5O - 19
2)
Uses Permitted
No person shall within any R5A*-11 Zone use any lot or erect, alter of use
any building or structure except for one or more of the following uses:
Residential
-
apartment building
-
back to back townhouse dwelling
-
block townhouse dwelling
-
stacked townhouse dwelling
-
street townhouse dwelling
-
retirement home
Non-Residential
-
activity building accessory to a permitted use
-
day care establishment
-
community centre
Provided that a day care establishment or community centre are only
permitted on the ground floor of an apartment building or retirement home.
3)
Zone Provisions
No person shall within any R5A*-11 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
Zoning By-Law 1784
Section 5O - 20
(a)
Lot and Building Requirements by Building Type
(i)
The following Table and additional provisions establish the zone standards that apply to the R5A*-11 Zone.
R5A*-11 Zone Standards
Building Type
Min. Lot Area
(m2)
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side Yard
Min.
Exterior
Side
Yard
Min. Rear Yard Min.
Outdoor
Private
Amenity
Space
Min. Front
Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Street townhouse
dwelling unit with a
front access garage
160 m2/ unit
except 145 m2/
unit on a private
street
6 m /unit
except 5.5
m/ unit on a
private
street(5)
3 m(1)
1.2m(8)
3 m(1)
7.5 m
NR
20%
2 storeys(4)
12 m
Street townhouse
dwelling unit with a
detached rear
garage
165 m2/ unit
5.5 m/ unit
(5)
3 m
1.2 m(8)
3 m(1)
2.5 m. to a
garage, carport
or unenclosed
parking
space(2)(9)
25 m2/ unit
50%
2 storeys(4)
12 m
Street townhouse
dwelling unit with an
integral rear garage
108 m2/ unit
5.5 m/ unit
(5)
3 m
1.2 m(6)(8)
3 m(1)
2.5 m. to a
garage, carport
or unenclosed
parking
space(2)(9)
15 m2/ unit(7) 50%
2 storeys(4)
12 m
Block townhouse
dwelling
NR
30 m
3 m(1)(3)
1.2 m(3)
3 m(1)(3)
7.5 m
NR
NR
2 storeys(4)
12 m
Stacked townhouse
dwelling
NR
30 m
3 m (1)(3)
1.8 m (3)
3 m (1)(3)
7.5 m
NR
NR
2 storeys (4)
12 m
Back to back
townhouse dwelling
unit
75 m2/ unit
5.5 m/ unit(5) 3 m(1)(3)
1.5 m (8)
3 m
(1)(3)(10)
NR
7.5 m2/ unit
NR
2 storeys (4)
12 m
Apartment building/
Retirement home/
Long term care
home
NR
NR
4 m(3)
6 m(3)
4 m (3)
7.5 m (3)
NR
NR
2 storeys (4)
4 storeys
Zoning By-Law 1784
Section 5O - 21
Notes:
NR = No Requirement
(1)
Except that for the wall of the private garage containing the opening for a vehicle, the minimum yard shall be 5.8 metres.
(2)
Except that the minimum distance where access is provided to both sides of a lane shall be 1.75 metres.
(3)
Except that for an underground parking area, the minimum setback shall be 0 metres.
(4)
Except that in the R5A*-11 Zone abutting Rossland Road East or Thickson Road North, the minimum building height shall be 3 storeys.
(5)
Except that for a corner lot, the minimum lot frontage shall be 9 metres.
(6)
If no common wall exists between the rear garages of attached units, the minimum interior side yard for the garage portion of the building and any space
above shall be 0.6 metres.
(7)
Except that the minimum private amenity space shall be 10 square metres for lots with frontages of less than 6 metres.
(8)
Where no common wall exists.
(9)
Except that the minimum distance from the travelled portion of an internal roadway or private street shall be 2.75 metres.
(10) Except that the minimum setback to a private street shall be 1.8 metres.
Zoning By-Law 1784
Section 5O - 22
(b)
Additional Provisions
(i)
The minimum lot depth of a back to back townhouse dwelling unit
shall be 13.5 metres.
(ii)
The following provisions apply to block townhouse dwellings:
(a)
The minimum width of each dwelling unit shall be 5.5
metres.
(b)
The minimum separation distance between block
townhouse dwellings on the same lot shall be 2.4 metres
for an end wall to end wall condition, 15 metres for a rear
wall to rear wall condition, and 15 metres for a front wall to
front wall condition.
(c)
The provisions pertaining to setbacks for garages in
subsection 14.2 apply to block townhouse dwellings, and
for the purpose of applying these provisions to block
townhouse dwellings, the boundary of an internal roadway
shall be deemed to be a lot line and a theoretical line
extending from the vertical division of the block townhouse
dwelling units to the boundary of the internal roadway shall
be considered the side lot line.
(d)
The minimum distance from an end wall to an internal
roadway shall be 1.8 m.
(e)
The minimum distance from a wall other than an end wall
to an internal driveway shall be 3.0 m.
(f)
The minimum distance from an integral garage of a block
townhouse dwelling unit to an internal roadway shall be
5.8m.
(g)
The minimum landscaped open space on the lot shall be
30%.
(iii)
The following provisions apply to stacked townhouse dwellings:
(a)
The minimum separation distance between stacked
townhouse dwellings on the same lot shall be 2.4 metres
for an end wall to end wall condition, 15 metres for a rear
wall to rear wall condition, and 15 metres for a front wall to
front wall condition.
(b)
The minimum distance from an end wall to an internal
roadway shall be 1.8 m.
(c)
The minimum distance from a wall other than an end wall
to an internal driveway shall be 3.0 m.
(d)
The minimum distance from an integral garage of a
stacked townhouse dwelling unit to an internal roadway
shall be 5.8 m.
(e)
The minimum landscaped open space on the lot shall be
30%.
Zoning By-Law 1784
Section 5O - 23
(iv)
The following provisions apply to an apartment building, long term
care home or retirement home:
(a)
The minimum landscaped open space on the lot shall be
25%.
(b)
The minimum separation between two buildings on the
same lot shall be 12 metres.
(c)
Yard Encroachments Permitted
Notwithstanding any provisions of this By-law to the contrary, including the
provisions of subsection 4(y) Yard Encroachments Permitted, in any R5A*-
11 Zone, the provisions of subsection 14.2.15 of By-law #1784 shall apply.
(d)
Accessory Structure
Notwithstanding the definition of Accessory Structure in Section 2 Definitions
of this By-law to the contrary, an accessory structure may be attached to a
main building and may be used to house and store equipment and utility
devises related to the principal uses on the lot.
The maximum height of an accessory structure measured from grade level
to the ridge of any roof structure shall be
4.5 m
(e)
Definitions
For the purpose of the interpretation of the various uses permitted and the
various zone provisions set forth above, the definitions of Section 2 and
Subsection 14.1 of By-law #1784 shall apply. Where there is a conflict
between the definitions of Section 2 and Subsection 14.1 the definitions of
Subsection 14.1 shall take precedence.
(f)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall not apply
to the lands zoned R5A*-11 by this By-law.
4(g)
Sight Triangles
4(m)
Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(k)
R5A*-12: Exception 12
Part of Lot 19, Concession 4
870, 880, 890, 892 & 896 Taunton Road East and 4050 Garrard Road
1.
Defined Area
The land located north of Taunton Road East and west of Garrard Road and
zoned R5A*-12 shall be subject to the provisions as hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law # 1784.
2.
Uses Permitted
No person shall within any R5A*-12 Zone use any lot or erect, alter or use
any building or structure for any purpose except one or more of the following
uses:
-
retirement home
-
seniors apartment building
(7382-18)
Zoning By-Law 1784
Section 5O - 24
3.
Zone Provisions
No person shall within any R5A*-12 Zone use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784, and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R5A*-12 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
Notwithstanding the definition of front lot line, the lot line abutting
Taunton Road East shall be deemed the front lot line and the lot
line opposite the front lot line shall be deemed the rear lot line.
(c)
Number of Dwelling Units
Maximum
-
retirement home
158 units
-
seniors apartment building
67 units
(d)
Lot Coverage
Maximum
40%
(e)
Height
Maximum
5 storeys
(f)
Front Yard
Minimum Depth
3.0 m
Maximum Depth
12.0 m
(g)
Rear Yard
Minimum Depth
10.0 m
(h)
Side Yard
Exterior Side Yard Abutting Garrard Road
Minimum Width
7.5 m
Maximum Width
15.0 m
Interior Side Yard Abutting Emergency Access
Minimum Width
7.5 m
Maximum Width
15.0 m
(i)
Setback to a Visibility Triangle
Minimum
0.0 m
(j)
Landscaped Open Space
Minimum
30%
(k)
Setback to Aisles and/or Driveway
The minimum separation distance from the end wall
of a main building to an aisle and/or driveway shall be
2.0 m
Zoning By-Law 1784
Section 5O - 25
(l)
Driveway and/or Aisle Width
The minimum width for a driveway and/or aisle
serving a loading area shall be
6.0 m
(m)
Number of Loading Spaces
Minimum
-
retirement home 1 space
-
seniors apartment building 1 space
(n)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary:
Decks, porches, patios and balconies are permitted to project from
the main wall of a building provided they are set back a minimum
distance of 2.0 m from a street line or aisle and/or driveway.
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line or aisle and/or
driveway.
(o)
Zone Provisions That Do Not Apply
The provisions of subsections of Section 4 General Provisions shall
not apply to the lands zoned R5A*-12 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(l)
R5A*-13: Exception 13
850 Taunton Road East
1.
Defined Area
The land located north of Taunton Road East and west of Garrard Road and
zoned R5A*-13 shall be subject to the provisions hereinafter contained.
Matters not specifically dealt with in this By law shall be governed by the
relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any R5A*-13 Zone use any lot or erect, alter or use
any building or structure for any purpose except the following use:
-
apartment building
-
retirement home
-
seniors apartment building
3.
Zone Provisions
No person shall within any R5A*-13 Zone use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the
following provisions:
(7558-19)
Zoning By-Law 1784
Section 5O - 26
(a)
Lot Line Determination
The lot line abutting Taunton Road East shall be deemed the front
lot line and the lot line opposite the front lot line shall be deemed
the rear lot line. The lot line abutting the future street to the east
shall be deemed the exterior side lot line and the westerly lot line
shall be deemed the interior side lot line.
(b)
Lot Frontage
Minimum
40.0 m
(c)
Lot Area
Minimum
0.3 ha
(d)
Lot Coverage
Maximum
55 %
(e)
Height
Maximum
6 storeys
(f)
Front Yard
Minimum Depth
2.0 m
Maximum Depth
6.0 m
(g)
Rear Yard
Minimum Depth
10.0 m
(h)
Interior Side Yard
Minimum Width
4.0 m
(i)
Exterior Side Yard
Minimum Width
3.0 m
Maximum Width
6.0 m
(j)
Setback to a Visibility Triangle
Minimum
0.0 m
(k)
Landscaped Open Space
Minimum
35 %
(l)
Parking and Loading Requirements
Notwithstanding any provisions of Section 4A to the
contrary, the following provisions shall apply to an
apartment building:
(i)
Number of Resident Parking Spaces
Minimum
1.21 spaces per dwelling unit
(ii)
Number of Visitor Parking Spaces
Minimum
0.14 spaces per dwelling unit
Zoning By-Law 1784
Section 5O - 27
(iii)
Parking spaces may be provided in a vertical
stacked arrangement using an automated
parking system. Section 4A 1.3 Parking Space
Dimensions shall not apply to stacked parking
spaces.
(iv)
Parking spaces shall be permitted in the exterior
side yard provided they are set back a minimum
distance of 0.5m from the street line.
(v)
One loading space shall be permitted in the rear
yard provided it is set back from the rear lot line a
minimum distance of 3.0 m.
(m)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard
Encroachments Permitted provision (c) Decks, Porches,
Steps, Patios and Balconies to the contrary:
(i)
Decks, porches, patios and balconies are
permitted to project from the main wall of a
building provided they are set back a minimum
distance of 0.25 m from a street line and a
minimum distance of 2.0 m from an aisle or
driveway.
(n)
Zone Provisions That Do Not Apply
The provisions of subsections of Section 4 General
Provisions shall not apply to the lands zoned R5A*-13 by
this By-law:
4(g) Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
4.
Definitions
For the purpose of the interpretation of the various provisions set
forth above, the following definitions shall apply and where there is
a conflict between the definitions set forth hereunder and those set
forth in Section 2 of By-law #1784, the following definitions shall
apply:
Automated Parking System means a mechanical system, wholly
contained in a building or part of a building which moves motor
vehicles to a parking space without the vehicles being occupied by
a human being.
Parking Space, Stacked means a parking space that is positioned
above or below another parking space and is accessed only by
means of an Automated Parking System.
(n)
R5A*-14: Exception 14
Plan of Subdivision SW-2019-01
Vista Court
1.
Defined Area
The lands located south of Roybrook Avenue and north of Highway #407
and zoned R5A*-14 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law amendment shall
be governed by the relevant provisions of By-law #1784.
(7907-22)
Zoning By-Law 1784
Section 5O - 28
2.
Uses Permitted
No person shall within any R5A*-14 Zone use any lot or erect, alter or use
any building or structure except for one or more of the following uses:
-
apartment building
-
block townhouse dwelling
-
long term care home
-
retirement home
-
stacked townhouse dwelling
3.
Zone Provisions
No person shall within any R5A*-14 Zone use any lot or erect alter or use
any building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784 and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned R5A*-14 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
The lot line abutting the Vista Court street line shall be deemed the
front lot line and the most easterly lot line shall be deemed the rear
lot line. The lot line abutting Highway #407 shall be deemed the
exterior side lot line and all other lot lines shall be deemed interior
side lot lines.
(c)
Lot Frontage
Minimum
30 m
(d)
Height of Building
Minimum
3 storeys
Maximum
6 storeys
(e)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an
elevator penthouse, mechanical room, stair tower, roof top access,
activity room and any architectural features shall not exceed 6
metres.
(f)
Green Roof
(i)
A green roof shall be required on any apartment building
greater than four storeys in height.
(ii)
The minimum coverage of available roof spaces covered by
the green roof shall be 25% of the total available roof space
of an apartment building excluding roof top appurtenances
such as an elevator penthouse, mechanical room,
mechanical equipment, roof top access room, stair tower
and outdoor recreational activity space.
(g)
Front Yard
Minimum Depth
3.0 m
Zoning By-Law 1784
Section 5O - 29
(h)
Rear Yard
Minimum Depth
3.0 m
(i)
Interior Side Yard
Minimum Width
6.0 m
Provided, however, any accessory structure (meter room) shall
have a minimum setback of 1.2 metres.
(j)
Exterior Side Yard
Minimum Width
14 m
(k)
Landscaped Open Space
Minimum
30% of the lot area
(l)
Separation Distance Between Buildings
(i)
The minimum separation distance between end
walls of separate block townhouse dwellings or
separate stacked townhouse dwellings shall be
3.0 m
(ii)
Notwithstanding provision (l)(i) above, the minimum
separation distance between end walls of separate block
townhouse dwellings or separate stacked townhouse
dwellings may be reduced to 2.3 m for wall projections
screening or enclosing equipment such as air conditioners,
heat exchangers and utility metres.
(m)
Setback to Internal Roadway
(i)
The minimum distance from an end wall of a building to an
internal roadway shall be
1.8 m
(ii)
The minimum distance from a wall other than an
end wall of a building to an internal roadway, shall
be
3.0 m
(iii)
The minimum distance from an integral garage of a
building to an internal roadway shall be
5.8 m
(n)
Location of Parking Areas and/or Parking Spaces
Any parking area and/or parking spaces not directly providing
access to a dwelling unit shall be set back a minimum distance of
3.0 m from any public street line, 1.5 m from the end wall of any
building and 1.0 m from any other lot line.
(o)
Decks, Porches, Steps, Patios and Balconies
(i)
Decks, porches, patios and balconies are permitted to
project from the exterior wall of a dwelling unit provided they
are set back a minimum distance of 2.0 m from a street line
or internal roadway.
(ii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line or internal
roadway.
Zoning By-Law 1784
Section 5O - 30
(p)
Accessory Structure
(i)
Notwithstanding the definition of Accessory Structure in
Section 2 Definitions of this By-law to the contrary, an
accessory structure may be attached to a main building and
may be used to house and store equipment and utility
devices related to the principal uses on the lot.
(ii)
The maximum height of an accessory structure measured
from grade level to the ridge of any roof structure shall be
4.5 m.
(iii)
Notwithstanding the provisions outlined above, the maximum
height of a detached building used to house and store
equipment and utility devises such as water metre room ,
shall be 6.2 m measured from grade level to the mid point
between the eaves and the ridge of the roof of the building.
(q)
Parking and Loading Requirements
(i)
The number of Parking Spaces for a block townhouse
dwelling and a stacked townhouse dwelling with an integral
garage and related driveway shall be:
-
Resident
2 spaces per dwelling unit
-
Visitor
0.25 spaces per dwelling unit
(ii)
The number of Parking Spaces for a block townhouse
dwelling and a stacked townhouse dwelling without an
integral garage and related driveway shall be:
-
Resident
1.75 spaces per dwelling unit
-
Visitor
0.25 spaces per dwelling unit
(iii)
Tandem parking spaces shall be permitted and be counted
as two parking spaces only where used by an owner or
tenant of one dwelling unit.
(iv)
The parking space dimensions for an accessible parking
space shall be:
Type of Space
Min.
Length
Min.
Width
Min.
Height
Accessible Parking Space
5.8 m
3.4 m
2.4 m
(r)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned R5A*-14 by this By-law amendment:
4 (g)
Sight Triangles
4 (m)
Ten Percent of Every Lot
4 (w)
Satellite Dishes
4 (y)(b)(i) Accessory Uses - Permitted Locations
Zoning By-Law 1784
Section 5O - 31
R5A*-15 - Exception 15
Land between 835 McQuay Boulevard and 855 McQuay Boulevard
1.
Defined Area
The land located on the east side of McQuay Boulevard between 835 and 855
McQuay Boulevard and zoned R5A-15 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-law amendment
shall be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any R5A-15 Zone use any lot or erect, alter or use any building
or structure for any purpose except for the following uses:
(a)
Residential Uses
-
apartment building
3.
Zone Provisions
No person shall within any R5A-15 Zone use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other provisions of
By-law #1784 and notwithstanding the obtaining of any severance by way of
a consent under the provisions of the Planning Act, R.S.O. 1990, C. P.13 as
amended from time to time, or the registration at any time of any
Condominium Declaration, a Plan of Subdivision, or conveyance with
respect to any portion of the said land, the land zoned R5A-15 by this By-law
shall be considered to be one lot.
(b)
Lot Area
Minimum
0.1 ha
(c)
Lot Frontage
Minimum
30 m
(d)
Lot Coverage
Maximum
45 %
(e)
Front Yard
Minimum Depth
1.5 m
(f)
Rear Yard
Minimum Depth
7.5 m
(g)
Interior Side Yard
Minimum width to the north lot line
0.9 m
Minimum width to the south lot line
3.0 m
(h)
Building Height
Maximum
3 storeys
(7909-22)
Zoning By-Law 1784
Section 5O - 32
(i)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an elevator
penthouse, mechanical room, stair tower, roof top access room, indoor
amenity space and any decorative structures or architectural features shall
not exceed 6.0 metres.
(j)
Landscaped Open Space
Minimum
30 %
(k)
Internal Roadway
Minimum width
6.0 m wide
(l)
Parking and Loading Requirements
(i)
Minimum required parking spaces
0.67 parking spaces / unit
Provided however, 2 parking spaces must be accessible, and can
be located/shared with the property located at 835 McQuay
Boulevard
4.
Zone Provisions That Do Not Apply
The following provisions shall not apply to the lands zoned R5A-15 by this By-law
amendment:
3.1 (b)
Location of Parking
4(y)
Decks, Porches, Steps, Patios and Balconies
6(2)(h) Accessory Uses - Satellite Dish
6(32)
Accessory Apartment
Zoning By-Law 1784
Section 5P - 1
Section 5P
Commercial Mixed Use (CMU*) Zone
(a) No person shall use any lot or part of a lot or erect or alter or use any building or structure in the "CMU*"
Zone except in accordance with the following uses and zone provisions:
(i)
USES PERMITTED - Residential
-
apartment dwelling house
-
long term care facility
-
retirement home
(ii)
USES PERMITTED - Non Residential
-
bakeshop
-
church
-
clinic
-
commercial school
-
community centre
-
day nursery
-
eating establishment but shall not include a drive-thru facility for ordering or the pick-up of
prepared foods or beverages from the exterior of the building
-
financial institution
-
food store provided the gross floor area of such establishment does not exceed 1200 m2
-
launderette, coin operated laundry
-
library
-
meeting hall
-
office
-
personal service establishment
-
place of entertainment
-
public use in accordance with the provisions of Section 4(a) of By-law # 1784
-
recreational club or facility
-
retail store
-
service shop
-
veterinary clinic
(iii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
45 m
(b)
LOT DEPTH
Minimum
90 m
(c)
LOT AREA
Minimum
0.5 ha
(d)
LOT COVERAGE
Maximum
25%
(e)
FRONT YARD
Minimum Depth
4.5 m or ½ of the building height,
whichever is the greater
Maximum Depth
25 m
(4539-00)
(5026-02)
(5474-04)
(6925-14)
(6776-13)
(6776-13)
Zoning By-Law 1784
Section 5P - 2
(f)
INTERIOR SIDE YARD
Minimum Depth
for a permitted non-residential use adjacent to a commercial zone
0.0 m
for a residential use adjacent to a residential zone
7.5 m
(g)
REAR YARD
Minimum Depth
7.5 m
(h)
EXTERIOR SIDE YARD
Minimum Depth
4.5 m or ½ of the building height,
whichever is the greater
(i)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(j)
HEIGHT OF BUILDING
Minimum
2 storeys or 7.0 m
Maximum
8 storeys
(k)
SEPARATION DISTANCE BETWEEN BUILDINGS
(i)
For buildings with a maximum height of two storeys:
Wall containing a
Window of a
Living Room
Habitable
Room
Blank
Wall
Living Room
15 m
13.5 m
7.5 m
Habitable Room
13.5 m
9.0 m
4.5 m
Blank Wall
7.5 m
4.5 m
1.5 m
(ii)
For buildings with a maximum height greater than two storeys:
(a)
For each storey above two storeys, an additional building
separation distance of 0.5 m per storey shall be provided where the
wall contains a blank wall.
(b)
For each storey above two storeys, an additional building
separation distance of 1.0 m per storey shall be provided where the
wall contains a window of a living room or habitable room.
(iii)
Where a building wall contains a window of both a living room and a
habitable room, the building separation distance for the living room shall
apply.
(iv)
Where a pedestrian access or walkway is provided between two buildings
and both building walls contain a blank wall, the building separation distance
shall be 3.0 m plus the distance specified herein.
(v)
Where a commercial building is adjacent to another commercial building the
separation distance may be 0.0 m.
(l)
PARKING
Repealed by By-law 6925-14
(6925-14)
Zoning By-Law 1784
Section 5P - 3
(m)
NUMBER OF APARTMENT DWELLING UNITS
Maximum
65 units per ha
(n)
NUMBER OF GUEST SUITES
Maximum
125 units per ha
(iv)
EXCEPTIONS:
(1)
CMU*-1: EXCEPTION 1
(i)
Notwithstanding any other provisions of Zoning By-law # 1784 to the
contrary, the total maximum floor space for retail and personal service
establishment uses shall be 5,300 m2.
(ii)
Notwithstanding any other provisions of Zoning By-law # 1784 to the
contrary, freestanding retail warehouse stores and freestanding department
stores shall not be permitted.
(iii)
A retail store, notwithstanding any other definition contained herein, shall not
include a supermarket.
(2)
CMU*-2: EXCEPTION 2
(i)
Notwithstanding any other provisions of Zoning By-law # 1784 to the
contrary, the total maximum floor space for retail and personal service
establishment uses shall be 500 m2
(ii)
Notwithstanding any other provisions of Zoning By-law # 1784 to the
contrary, freestanding retail warehouse stores and freestanding department
stores shall not be permitted.
(iii)
A retail store, notwithstanding any other definition contained herein, shall not
include a supermarket.
(iv)
Notwithstanding any other provisions of Zoning By-law # 1784 to the
contrary, the maximum lot coverage shall be 35%
(v)
Notwithstanding any other provisions of Zoning By-law # 1784 to the
contrary, where there are no residential uses located within any adjacent
CMU*-1 Zone, the maximum number of units permitted within the CMU*-2
Zone shall be calculated as follows:
(a)
NUMBER OF APARTMENT DWELLING UNITS
Maximum
135 units per ha
(b)
NUMBER OF GUEST SUITES
Maximum
215 units per ha
(3)
CMU*-3: EXCEPTION 3
PART OF LOTS 29 AND 30, CONCESSION 3
PLAN OF SUBDIVISION 18T-90044
Rezoned for residential uses
(4)
CMU*-4: EXCEPTION 4
PART OF LOT 20, CONCESSION 3
PLAN OF SUBDIVISION 18T-99020
(6776-13)
(6776-13)
(4809-01)
(5956-07)
(4834-01)
(5956-07)
Zoning By-Law 1784
Section 5P - 4
No person shall use any lot or erect or alter or use any building or structure in any
CMU*-4 - Commercial Mixed Use Zone - Exception 4 except in accordance with the
following uses and zone provisions:
(i)
USES PERMITTED - Residential
-
apartment dwelling house
-
block townhouse dwelling
-
long term care facility
-
retirement home
(ii)
USES PERMITTED - Non Residential
-
bakeshop
-
church
-
clinic
-
commercial school
-
community centre
-
day nursery
-
eating establishment but shall not include a drive-thru facility for
ordering or the pick-up of prepared foods or beverages from the exterior
of the building
-
financial Institution
-
food store provided the gross floor area of such establishment does not
exceed 1,000 m2
-
launderette, coin operated laundry
-
library
-
meeting hall
-
office
-
personal service establishment
-
place of entertainment
-
public use in accordance with the provisions of Section 4(a) of By-law #
1784
-
recreational club or facility
-
retail store
-
service shop
-
veterinary clinic
(iii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
45 m
(b)
LOT DEPTH
Minimum
90 m
(c)
LOT AREA
Minimum
0.5 ha
(d)
LOT COVERAGE
Maximum
30%
Maximum gross leasable floor space area for retail
and personal service establishment use within the
CMU*-4 Zone category shall be
2,000 m2
(e)
FRONT YARD
Minimum Depth
4.5 m or ½ of the building height,
whichever is the greater
(6925-14)
(6776-13)
(6776-13)
(6776-13)
(6776-13)
Zoning By-Law 1784
Section 5P - 5
Maximum Depth
25 m
(f)
INTERIOR SIDE YARD
Minimum Depth
for a permitted non-residential use adjacent to a
commercial zone
0.0 m
for a residential use adjacent to a residential zone
7.5 m
(g)
REAR YARD
Minimum Depth
7.5 m
(h)
EXTERIOR SIDE YARD
Minimum Depth
4.5 m or ½ of the building height,
which-ever is the greater
(i)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(j)
HEIGHT OF BUILDING
Minimum
2 storeys or 7.0 m
Maximum
(i)
buildings for residential uses only
4 storeys
(ii) buildings for residential & commercial uses
6 storeys
(k)
SEPARATION DISTANCE BETWEEN BUILDINGS
(i)
For buildings with a maximum height of two storeys:
Wall containing a Living
Room
Habitable
Room
Blank
Wall
Window of a
Living Room
15 m
13.5 m
7.5 m
Habitable Room
13.5 m
9.0 m
4.5 m
Blank Wall
7.5 m
4.5 m
1.5 m
(ii)
For buildings with a maximum height greater than two
storeys:
(a)
For each storey above two storeys, an additional
building separation distance of 0.5 m per storey
shall be provided where the wall contains a blank
wall; and,
(b)
For each storey above two storeys, an additional
building separation distance of 1.0 m per storey
shall be provided where the wall contains a
window of a living room or habitable room.
(iii)
Where a building wall contains a window of both a living
room and a habitable room, the building separation
distance for the living room shall apply.
Zoning By-Law 1784
Section 5P - 6
(iv)
Where a pedestrian access or walkway is provided
between two buildings and both building walls contain a
blank wall, the building separation distance shall be 3.0 m
plus the distance specified herein.
(v)
Where a commercial building is adjacent to another
commercial building the separation distance may be 0 m.
(l)
PARKING
(i)
Parking Spaces Required on Lot - Residential
(a)
Notwithstanding the
provisions of Section 4 of
By-law 1784, the following
parking provisions shall
apply
1.5 parking spaces per
apartment dwelling unit
of which 0.25 space per
unit shall be set aside
and clearly identified for
visitor parking
(b) Notwithstanding the
provisions of Section 4 of By-
law 1784, the following
parking provisions shall
apply
1.25 parking spaces per
apartment dwelling unit for a
mixed use building where
the ground floor, save and
except the lobby and
stairwells associated with
the residential use, is used
for commercial purposes
(c) Notwithstanding the
provisions of Section 4 of By-
law 1784, the following
parking provisions shall
apply
0.5 parking space per
dwelling unit or guest
suite within a
Retirement Home
(ii)
Parking Spaces Required on Lot - Non Residential
Notwithstanding the provisions of
Section 4 of By-law 1784, the
following provisions shall apply
2.5 spaces per 93 m2 of
gross floor area for
office spaces located
on a second floor, but
this provision shall not
include parking
reductions for a
commercial school, a
clinic or a retail store
located on a second
floor.
(6776-13)
Zoning By-Law 1784
Section 5P - 7
(iii)
Parking Area Location on Lot
All yards provided that no part of any parking area, other
than a driveway, is located closer than 2.5 m to any street
line and 3.0 m for a residential zone. A traffic aisle shall
not be located any closer than 2.5 m from a residential
zone. Further, a parking area shall have a minimum
horizontal separation of 5.5 m to a dwelling unit, a guest
room, common living area, meeting area or dining room
located within the same lot. Notwithstanding the above, an
underground parking lot shall be permitted within any yard
provided that where such structure is adjacent to any
streetline or residential zone the minimum setback to the
underground structure shall be 0.5 m.
(m)
NUMBER OF APARTMENT DWELLING
UNITS OR BLOCK TOWNHOUSE
DWEL-LING UNITS
Maximum
65 units per ha
(n)
NUMBER OF GUEST SUITES
Maximum
125 units per ha
(5)
CMU*-5: EXCEPTION 5
PART OF LOT 27, CONCESSION 3
(i)
Notwithstanding the provisions of Section 5L, 'CMU*' Zone of By-law # 1784,
the following shall not be permitted on the lands identified as 'CMU*-5' on
Schedule A-1 annexed to By-law # 5044-02;
(a)
residential uses;
(b)
supermarket, free standing retail warehouse store or free standing
department store within the definition of a retail store contained in
Section 2 (Definitions) of By-law # 1784.
(ii)
Notwithstanding the provisions of Section 5L, 'CMU*' Zone of By-law # 1784,
the following additional uses shall be permitted on the lands identified as
'CMU*-5' on Schedule A-1 annexed to By-law # 5044-02;
(a)
gas bar including a car wash;
(b)
drive-thru facility for the ordering or pick up of prepared foods or
beverages from the exterior of an eating establishment, and shall
be limited to one (1) facility;
(c)
drive-thru facility for financial institutions, and shall be limited to two
(2) facilities; and,
(d)
total gross floor space for retail and personal service establishment
uses is limited to 3,500 m2.
(iii)
Notwithstanding the provisions of Section 5L 'CMU*' Zone of By-law # 1784,
the following provisions shall apply to the lands identified as 'CMU*-5' on
Schedule A-1 annexed to By-law # 5044-02.
(a)
LOT FRONTAGE
Minimum
40 m
(5045-02)
(5956-07)
(6776-13)
Zoning By-Law 1784
Section 5P - 8
(b)
LOT DEPTH
Minimum
100 m
(c)
LOT AREA
Minimum
1.7 ha
(d)
LOT COVERAGE
Maximum
25% of the lot area
(e)
FRONT YARD
Minimum Depth
1.0 m
Maximum Depth
6 m
(f)
INTERIOR SIDE YARD
Minimum Depth
3 m
(g)
REAR YARD
Minimum Depth
1.0 m
Maximum Depth
23.5 m
(h)
EXTERIOR SIDE YARD
Minimum Depth
2 m
Maximum
24 m
(i)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(j)
HEIGHT OF BUILDING
Minimum
2 storeys or 7 m
Maximum
8 storeys
(k)
PARKING
The provisions of Section 4 of By-law 1784 shall apply.
(l)
In addition to the zone provisions of By-law # 5044-02, the
provisions of Section 7(D) 1, 2, 3, and 7 shall also apply for the gas
bar with car wash and kiosk.
(6)
CMU*-6: EXCEPTION 6
PART OF LOT 27, CONCESSION 3
(i)
Notwithstanding Section 5N `CMU*' Zone of By-law # 1784, the following
uses shall not be permitted on the lands identified as 'CMU*-6' on Schedule
A-1 annexed to By-law # 4854-01.
(ii)
Non residential uses, unless accessory and incidental to the residential use
and integral to the building with primary access being from an internal
corridor or hallway, uses such as and similar to:
-
beauty salon
-
chapel
-
coffee shop
-
day nursery
-
dining room
-
fitness room
-
games room
-
gift shop
-
medical office
(4854-01)
(5956-07)
(5626-05)
Zoning By-Law 1784
Section 5P - 9
-
meeting room
-
office
-
resident activity rooms
(i)
Notwithstanding Section 5N 'CMU*' Zone of By-law # 1784, the following
zone provisions shall apply:(5626-05)
(a)
(i)
Apartment Dwelling House
Maximum Number of Units
142
(ii)
Long Term Care Facility
Maximum Number of Beds
120
(iii)
Retirement Home
Maximum Number of Beds
242
(b)
LOT FRONTAGE
Minimum
100 m
(c)
LOT DEPTH
Minimum
100 m
(d)
LOT AREA
Minimum
2.8 ha
(e)
LOT COVERAGE
Maximum
40% of the lot area
(f)
FRONT YARD
Minimum Depth
3.0 m to an end wall 7.5m
or ½ the height of the
building, whichever is
greater to any wall
exceeding 3 storeys
(g)
INTERIOR SIDE YARD
Minimum Depth
3.5 m
(h)
REAR YARD
Minimum Depth
4.0 m
(i)
EXTERIOR SIDE YARD
Minimum Depth
Adjacent to a road having a road allowance width of
20 m or less
7.0 m
Adjacent to a road having a road allowance width in
excess of 20 m
Minimum Depth
20 m
Maximum Depth
35 m
Adjacent to Valleywood Drive
7.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
30% of the lot area
(6925-14)
(6776-13)
(5626-05)
(5626-05)
Zoning By-Law 1784
Section 5P - 10
(k)
HEIGHT OF BUILDING
Minimum
2 storeys or 7.0m
for any building or
structure within 35m
from any street line.
Maximum
8 storeys
(l)
PARKING
Notwithstanding the provisions of Section 4 of By-law # 1784, the
following shall apply:
1.
long term care facility
1 space per 4 beds
2.
retirement home
1 space per 3 beds
3.
seniors apartments
1.25 spaces for each unit,
with 0.25 spaces per unit
allocated and assigned for
visitor parking
4.
day nursery
1.0 space per 28 m2 of GFA
of playroom space
(m)
DAY NURSERY FLOOR SPACE
Maximum
560 m2
(7)
CMU*-7: EXCEPTION 7
(a)
Notwithstanding any other provision of Section 5O of By-law 1784 to the
contrary, the following shall apply to the lands designated CMU*-7:
(i)
the total maximum floor space for retail and personal
service establishment uses within the CMU*-7 Zone
shall be
3,000 m2
(ii)
freestanding retail warehouse facilities, freestanding department
stores, and food stores exceeding 750 m2 of total floor space shall
not be permitted
(iii)
the minimum lot area shall be
1.4 ha
(iv)
the maximum lot coverage shall be
40%
(v)
the following additional residential uses shall be
permitted, block townhouse dwellings, or street
townhouse dwellings, provided these uses have
frontage on a local street having a width of 20 m or
less
(vi)
where the lands are developed for the purpose of
block townhouse dwellings or street townhouse
dwellings, the lands shall be developed in accordance
with the provisions of Sections 5K and 5L respectively
(vii)
the maximum number of units permitted within the
CMU*7 Zone shall be calculated as follows:
(a)
block townhouse dwellings
40 units per ha
(b)
street townhouse dwellings
40 units per ha
(c)
apartment dwellings
65 units per ha
(5626-05)
(6925-14)
(5626-05)
(5626-05)
(5081-02)
(6776-13)
Zoning By-Law 1784
Section 5P - 11
(d)
long term care facility
65 units per ha
(e)
retirement home
75 suites/units per ha
(viii)
the maximum height shall be
4 storeys
(8)
CMU*-8: EXCEPTION 8
NORTHEAST CORNER OF BROADLEAF AVENUE AND BALDWIN STREET
SOUTH
(i)
Notwithstanding Section 5L Commercial Mixed Use 'CMU*' Zone of By-law #
1784, as amended, the following uses shall not be permitted on the lands
shown as the Subject Property on Schedule A-1 attached to and forming
part of By-law # 5596-05;
(a)
RESIDENTIAL USES
-
apartment dwelling house
-
long term care facility
-
retirement home
(b)
NON RESIDENTIAL USES
-
place of entertainment
(ii)
Notwithstanding Section 5L Commercial Mixed Use 'CMU*' Zone of By-law #
1784, as amended, the following zone provision shall apply for the lands
shown as the Subject Property on Schedule A-1 attached to and forming
part of By-law # 5596-05;
(a)
LOT FRONTAGE
Minimum
45 m
(b)
LOT DEPTH
Minimum
90 m
(c)
LOT AREA
Minimum
0.5 ha
(d)
LOT COVERAGE
Maximum
26%
(e)
FRONT YARD
Minimum Depth
1.5 m
(f)
INTERIOR SIDE YARD
Minimum Depth
3.5 m
(g)
REAR YARD
Minimum Depth
3.5 m
(h)
EXTERIOR SIDE YARD
Minimum Depth
1.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
1 storey
(k)
FLOOR SPACE FOR RETAIL AND PERSONAL
SERVICE ESTABLISHMENT USES
Maximum
3,400 m2
(5956-07)
(6925-14)
(6776-13)
(6925-14)
Zoning By-Law 1784
Section 5P - 12
(l)
PARKING
(i)
The provisions of Section 4 of By-law # 1784, as
amended, shall apply.
(ii)
Parking Area Location On Lot
All yards provided that no part of any parking area, other
than a driveway, is located closer than 1.5 m to any street
line and 3.0 m for a residential zone.
(9)
CMU*-9: EXCEPTION 9
20 TAUNTON ROAD EAST
(i)
Notwithstanding Section 5O Commercial Mixed Use CMU* Zone of By-law #
1784, as amended, the following uses shall not be permitted on the lands
shown as the Subject Property on Schedule A-1 attached to and forming
part of By-law # 5632-05;
(a)
RESIDENTIAL USES
-
apartment dwelling house
-
long term care facility
-
retirement home
(ii)
Notwithstanding Section 5O(a)(iii) of By-law # 1784, as amended, the zone
provisions are revoked and replaced with the following for the lands shown
as the Subject Property on Schedule A-1 attached to and forming part of By-
law # 5632-05;
(a)
LOT FRONTAGE
Minimum
45 m
(b)
LOT DEPTH
Minimum
45 m
(c)
LOT AREA
Minimum
0.5 ha
(d)
LOT COVERAGE
Maximum
50%
(e)
FRONT YARD
Minimum Depth
to a building or structure
1.0 m
for a parking area
2.5m
(f)
INTERIOR SIDE YARD
Minimum Depth
to a commercial zone
0.0 m
to a residential zone or a institutional zone
3.0 m
(g)
REAR YARD
Minimum Depth
to a residential zone or a institutional zone
3.0 m
(h)
EXTERIOR SIDE YARD
Minimum Depth
to a building or structure
1.0 m
to a parking area
2.5 m
(5632-05)
(5956-07)
(6925-14)
Zoning By-Law 1784
Section 5P - 13
(i)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(j)
HEIGHT OF BUILDING
Minimum
2 storeys or 7.0 m
Maximum
8 storeys
(k)
PARKING
(i)
Notwithstanding the provisions of
Section 4 of By-law # 1784, as
amended, the following provisions
shall apply:
5.0 parking spaces per
93 m2 of gross leas-
able area
(ii)
Notwithstanding the provisions of
Section 4 of By-law # 1784, as
amended, the following provisions
shall apply:
2.5 parking spaces per
93 m2 of gross floor area
for office spaces located
above the first floor,
provided however, that
this provision shall not
include parking
reductions for a
commercial school,
clinic, a meeting hall or
a retail store located on
or above the first floor
(iii)
The maximum gross leasable area devoted to personal
service establishment and/or retail store uses shall be
5,350m2
(iv)
Notwithstanding any other provisions of Zoning By-law #
1784, as amended, to the contrary, freestanding retail
warehouse stores and freestanding department stores
shall not be permitted.
(v)
A retail store, notwithstanding any other definition
contained herein, shall not include a supermarket.
(vi)
Section 4(o)(i) of By-law # 1784, as amended, shall not
apply.
(vii)
The maximum gross leasable area devoted to eating
establishment uses shall be 2,121m2.
(10)
CMU*-10: EXCEPTION 10
Notwithstanding any other provision of this By-law, the provisions in this Section shall
apply to those lands identified as 'CMU*-10'.
(i)
ADDITIONAL PERMITTED USES
-
Automobile Dealerships as established on the lands on or before
December 1, 2007
(6727-13)
(6727-13)
(6727-13)
(6727-13)
(6727-13)
(6010-07)
Zoning By-Law 1784
Section 5P - 14
(ii)
ZONE PROVISIONS
Notwithstanding the zone provisions for non-residential uses set out under
Section 5P(a)(iii) the following zone provisions shall apply:
LOT COVERAGE
Maximum
40% of the lot area
FRONT YARD OR EXTERIOR SIDE YARD
Minimum Depth
2.5 m to a building or
structure and a parking
area
INTERIOR SIDE YARD
Minimum Depth
to a commercial zone to an end wall containing no exit doors or
windows
0.0 m
to a residential zone for the first storey or half the height of the
building, whichever is greater
3.5 m
REAR YARD
Minimum Depth
to a residential zone for the first storey or half the height of the
building, whichever is greater
3.5 m
EXTERIOR SIDE YARD
Minimum Depth
to a building or structure
1.0 m
to a parking area
2.5 m
BUILDING HEIGHT
Notwithstanding Section 5P(a)(iii)(j), any new freestanding building
constructed after December 1, 2007 shall not have a height less than 7.0 m
and shall not have less than 2 floors within the building.
PARKING
(i)
Notwithstanding the provisions of Section 4
of By-law # 1784, as amended, the
following provisions shall apply:
5.5 parking spaces per
93 m2 of gross leasable
area on the ground floor
2.5 parking spaces per 93
m2 of gross floor area for
office spaces located
above the first floor
provided how-ever, that
this provision shall not
apply to:
a commercial school, a
clinic, a meeting hall, place
of entertainment, a retail
store or eating
establishment located
above the first floor.
(6024-08)
(6776-13)
Zoning By-Law 1784
Section 5P - 15
(ii)
All other provisions of By-law # 1784, as amended shall apply.
(11)
CMU*-11: EXCEPTION 11
Part of Lot 26, Concession 4
70 Taunton Road East
1.
Defined Area
The lands located north of Taunton Road East and east of Baldwin Street
South and zoned CMU*-11 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any CMU*-11 Zone use any lot or erect, alter or use
any building or structure for any purpose except the following use:
-
all uses permitted in the CMU* Zone
-
commercial self storage warehouse
3.
Zone Provisions
No person shall within any CMU*-11 Zone use any lot or erect, alter or use
any building or structure except in accordance with the zone provisions for
the CMU* Zone save and except for the following provisions related to a
commercial self-storage warehouse:
(a)
Lot Coverage
Maximum
50%
(b)
Front Yard
Minimum Depth
1.0 m
(c)
Interior Side Yard
Minimum Depth
to a commercial zone
0.0 m
to a residential zone or institutional zone
3.0 m
(d)
Yard Encroachments Permitted
Notwithstanding the yard provisions of the By-law to the
contrary, a canopy or marquee may be located in any
yard provided that the minimum distance between any
portion of the canopy and / or marque and any lot line
shall be
2.0 m
(e)
Parking Requirements
(i)
Number of Parking Spaces
The minimum number of outdoor parking
spaces required for a five storey
commercial self-storage warehouse with a
maximum gross floor area of 14,000 m2
shall be
25 spaces
(7613-20 OLT)
Zoning By-Law 1784
Section 5P - 16
(ii)
Location of Parking Spaces
Any parking spaces and parking area shall be set back a
minimum distance of 1.8 m from the first storey wall, 2.5m
from any street line and 1.0 m from any other lot line.
(iii)
Aisle and/or Driveway Width
The minimum width of an aisle and/or driveway
including an aisle or driveway serving a loading
area-two way shall be
6.0 m
(iv)
Number of Loading Spaces
Minimum
1 space
(v)
Outside Storage
The activities and other operations incidental and
accessory to a commercial self-storage warehouse,
including storage of goods, materials and parking and
storage of commercial vehicles, recreational vehicles and
trailers shall be carried on within the confines of a building,
provided, however, that nothing herein shall be deemed to
prevent the occasional outside parking of vehicles by the
owner, tenants, employees and customers.
4.
Definitions
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where there is a conflict
between the definitions set forth hereunder and those set forth in Section 2
of By-law #1784, the following definitions shall apply:
(a)
"Outdoor Storage" means the storage or keeping of goods,
inventory, materials, machinery or equipment outside of any
structure.
(b)
"Commercial Self Storage Warehouse" means a building or part
of a building where separate compartmentalized storage units are
made available to the public and where the public are permitted to
access the building to place or remove their personal property.
5.
Zoning Provisions That Do Not Apply
The following zone provisions shall not apply to the lands zoned CMU*-11 by
this By-law amendment:
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(12)
CMU*-12: EXCEPTION 12
5550 Baldwin Street S. and portion of 145 Winchester Road W.
1.
Defined Area
The land located west of Baldwin Street South and south of
Winchester Road West and zoned CMU*-12 shall be subject to the provisions
hereinafter contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law #1784.
(7886-22)
Zoning By-Law 1784
Section 5P - 17
2.
Uses Permitted
No person shall within any CMU*-12 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
Residential
-
apartment building
-
apartment building, seniors
-
long term care home
-
retirement home
Non Residential
-
animal care establishment
-
art gallery
-
assembly hall
-
bakeshop
-
banquet hall
-
catalogue store
-
catering service establishment
-
clinic
-
commercial school
-
community centre
-
day care establishment
-
department store
-
dry cleaners distribution station
-
dry cleaning establishment
-
eating establishment
-
eating establishment, take-out
-
financial institution
-
food store
-
hotel
-
laundromat
-
library
-
museum
-
office
-
personal service establishment
-
place of entertainment
-
place of worship
-
private club
-
private school
-
recreational club or facility
-
retail store
-
service shop
-
shopping centre
-
studio
-
supermarket
-
taxi establishment
-
veterinary clinic
-
wellness centre
3.
Zone Provisions
No person shall within any CMU*-12 Zone use any lot or erect, alter or use any
building or structure for any purpose except in accordance with the following
provisions:
Zoning By-Law 1784
Section 5P - 18
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other provisions of
By-law #1784, and notwithstanding the obtaining of any severance by way of
a consent under the provisions of the Planning Act, R.S.O. 1990, C. P.13 as
amended from time to time, or the registration at any time of any
Condominium Declaration, a Plan of Subdivision, or conveyance with
respect to any portion of the said land, the land zoned CMU*-12 by this By-
law shall be considered to be one lot.
(b)
Building Location and Setbacks
No building or structure shall be erected on the lands subject to this By-law
amendment except within the building setback line shown on Appendix "A"
to this By-law amendment.
Notwithstanding the required setbacks shown on Appendix "A", the setback
required by the Ministry of Transportation shall apply along any public street
that is subject to Ministry of Transportation corridor control.
(c)
Gross Leasable Area
(i)
The minimum gross leasable area for all non-residential uses shall
be 45,000 m2 which can be built in phases with Phase 1 having a
minimum of 7,000 m2 of gross leasable area including a
supermarket.
(ii)
No gross leasable area for non-residential uses shall be developed
beyond Phase 1 of development except in conjunction with the
development of dwelling units where such dwelling units may be
situated either in stand alone residential buildings or in mixed use
buildings.
(iii)
A minimum of 4,500 m2 of gross leasable area of non-residential
uses shall be oriented along the Pedestrian Promenade and/or
Urban Square shown on Appendix "A" to this By-law amendment.
(iv)
The maximum gross leasable area for all non-residential uses shall
be 75,000 m2.
(d)
Density
Minimum
65 dwelling units per net hectare
Maximum
135 dwelling units per net hectare
Notwithstanding the above, stand alone residential buildings with no non-
residential uses which are situated beyond 30 m from Baldwin Street South
and Winchester Road West shall have a density ranging from 65 to 200
dwelling units per net hectare.
Provided further and notwithstanding the above, mixed use buildings may
have a density ranging from 135 to 300 dwelling units per net hectare.
(e)
Number of Dwelling Units
Notwithstanding the minimum density provisions of (d) above, the minimum
number of dwelling units shall be 400 dwelling units.
Zoning By-Law 1784
Section 5P - 19
(f)
Building Height
(i)
Residential and Mixed Use Buildings
Minimum
2 storeys
Maximum
12 storeys
Notwithstanding the above, the maximum building height of any
portion of any stand alone residential building or mixed use building
situated within 30 m of the Baldwin Street South or Winchester
Road West street lines shall be 8 storeys.
(ii)
Non-Residential Buildings
Minimum
2 storeys
Maximum
8 storeys
The requirement for a minimum building height of two storeys shall
be satisfied where the building has a minimum height of 7.5 m and
there is functional floor space above the first storey that is a
minimum of 25% of the gross floor area of the first storey of the
building.
As an exception, within the area identified as Phase 1 on Appendix
"A" to this By-law, for buildings of less than 2,000 m2 of gross
leasable area, the minimum height shall be one storey. For
buildings greater than 2,000 m2 of gross leasable area, the
requirement for a minimum of two storeys shall be satisfied where
the building has a minimum height of 7.5 m and there is a functional
mezzanine space above the first storey that is a minimum of 400
m2 of gross floor area.
(g)
Landscaped Open Space
Minimum
15%
(h)
Location of Aisles, Parking and Loading
There shall be no aisles, parking lots or loading spaces in the yards situated
between buildings and a public street or in the yards between buildings
situated along the Pedestrian Promenade and/or an Urban Square.
(i)
Drive Through Facilities
No drive-through facilities are permitted within 30 m of the Baldwin Street
South and Winchester Road West street lines.
(j)
Projections
(i)
Any outdoor patio or any ornamental or architectural structure such
as a canopy or a colonnade related to non-residential uses may
project to within 0.6 m of the property line, except along Baldwin
Street South and Winchester Road West.
(ii)
Decks, porches, patios and balconies are permitted to project from
the main wall of a dwelling unit provided they are set back a
minimum distance of 2.0 m from a street line, aisle and driveway.
(iii)
Steps are permitted to project provided they are set back a
minimum distance of 0.6 m from a street line, aisle and driveway.
Zoning By-Law 1784
Section 5P - 20
(k)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an elevator
penthouse, mechanical room, stair tower, roof top access room and any
architectural features shall not exceed 6.0 m.
(l)
Green Roof
(i)
A green roof shall be required on any stand alone residential
building and any mixed use building.
(ii)
The minimum coverage of available roof spaces covered by the green
roof shall be 25% of the total available roof space excluding roof top
appurtenances such as an elevator penthouse, mechanical equipment,
roof top access room and stair tower.
(m)
Special Provisions
(i)
Only non-residential uses shall be permitted on the ground floor of
any buildings abutting the Pedestrian Promenade and/or an Urban
Square.
(ii)
Residential dwelling units are not permitted on the ground floor of
any building where such dwelling units will face Baldwin Street
South and/or Winchester Road West.
(iii)
The minimum floor to ceiling height of the ground floor for all non-
residential uses shall be a minimum of 4.0m.
(iv)
The required parking for all dwelling units in stand alone residential
buildings and dwelling units in mixed use buildings shall be
underground or in a parking structure provided that up to 15% of
the required parking may be provided at grade.
(v)
A step-back to a building wall that faces a public street is not
permitted below a height of 4 storeys or 12m above grade.
(vi)
A maximum of 25% of the length of a street wall of a building facing
Baldwin Street South and Winchester Road West may be setback
beyond the maximum setback as shown on Appendix 'A'.
4.
Definitions
For the purpose of the interpretation of the various provisions set forth above, the
following definitions shall apply and where there is a conflict between the definitions
set forth hereunder and those set forth in Section 2 of By-law #1784, the following
definitions shall apply:
"Animal Care Establishment" means a building or part of a building where pets and
domestic animals are groomed and cared for during the day and may include ancillary
retail sales of grooming products, but shall not include the breeding of animals, a
kennel or the boarding of animals, or a veterinary clinic.
"Apartment building" means the whole of a building that contains four or more
dwelling units which have either a common entrance from a yard or landscaped open
space and are served by a common corridor and the occupants of which units have
the right to the use, in common with others entitled hereto, of the corridors, stairs and
yards, or one or more of them or by an individual entrance from a yard or landscaped
open space and which units are divided horizontally and/or vertically.
Zoning By-Law 1784
Section 5P - 21
"Day Care Establishment" means:
(a)
premises where more than 5 children are provided with temporary care
and/or guidance for a continuous period but does not provide overnight
accommodation and are licensed in accordance with the applicable
Provincial Act; or,
(b)
premises in which temporary care is provided or supplied on a regular
schedule to adults for a portion of a day but does not provide overnight
accommodation.
"Department Store" means a retail store engaged in merchandising in a
departmentalized format a wide range of goods or commodities such as for example
apparel, hardware, home furnishings, grooming products, home appliances and
confectionary products and shall not include a retail warehouse facility or outlet.
"Food Store" means a building or part of a building having a gross leasable area of
less than 1,200 m2 wherein various food, foodstuffs, groceries and other products
used within the household are sold and may include specialty food stores such as,
but not limited in kind to a health food store, a butcher shop, a retail bakery, a
delicatessen, a fruit and vegetable market, or other specialty food store.
"Green Roof" means an extension of an above grade roof built on top of a human
made structure that allows vegetation to grow in a growing medium.
"Mixed Use Building" means a building containing residential uses and at least one
other non-residential use.
"Pedestrian Promenade" means an open predominantly hardscaped walkway area
designed to create a unique pedestrian experience that may be adjacent to a public
street and/or private roadway.
"Place of Entertainment" means a building or part of a building intended for
recreational or entertainment uses, including a motion picture or other theatre, arena,
auditorium, public hall, bingo hall, billiard or pool room, bowling alley, paint ball, go
kart, parkour, rock climbing, gymnasium, escape room, axe throwing or similar such
uses, and where all such uses are contained within a fully enclosed structure.
"Private Club" means a building or part of a building used as a place of assembly for
an organization such as for example a fraternal lodge, service club, fraternity or
sorority or a labour union.
"Supermarket" means a building, or part of a building, containing a departmentalized
food store and where the gross leasable area for such use is 1,200 m2 or greater.
"Urban Square" means a predominantly hardscaped open area of at least 300m2
with one side at least 15 m in length.
5.
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to the lands
zoned CMU*-12 by this By-law amendment.
4(g)
Sight Triangles
4(m)
Ten Percent (%) of Every Lot
4(w)
Satellite Dishes
Zoning By-Law 1784
Section 5P - 22
Zoning By-Law 1784
Section 5P - 23
(13)
CMU*-13: EXCEPTION 13
121 Kendalwood Road
1.
Defined Area
The land located east of Kendalwood Road and north of Hunter Street and
zoned CMU*-13 shall be subject to the provisions hereinafter contained.
Matters not specifically dealt with in this By-law amendment shall be
governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any CMU*-13 Zone use any lot or erect, alter or use
any building or structure except for the following uses:
-
office
-
personal service establishment
3.
Zone Provisions
No person shall within any CMU*-13 Zone use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the
following provisions:
(a)
Lot Frontage
Minimum
20 m
(b)
Lot Coverage
Maximum
35%
(c)
Front Yard
Minimum Depth
3.0 m
(d)
Exterior Side Yard
Minimum Width
3.0 m
(e)
Interior Side Yard
Minimum
1.2 m
(f)
Landscaped Open Space
Minimum
25% of the lot area
(g)
Height of Building
Maximum
7.5 m to the ridge line
of a main building
(h)
Setback to a Visibility Triangle
Minimum
0.0 m
(i)
Gross Floor Area
Maximum
434 m2
(i)
Number of Parking Spaces
Minimum
1 parking space per 30m2
of gross leasable area
(7694-20)
Zoning By-Law 1784
Section 5P - 24
(j)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall
not apply to the lands zoned CMU*-13 by this By-law amendment.
4(g)
Sight Triangles
4(m) Ten Per Cent (10%) of Every Lot
4(w) Satellite Dishes
(14)
CMU*-14: EXCEPTION 14
812, 816, 900, 904 and 908 Rossland Road East
1.
Defined Area
The lands located north of Rossland Road East and east of Garden Street
and zoned CMU*-14 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law amendment shall
be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any CMU*- 14 Zone use any lot or erect , alter or use
any building or structure except for one or more of the following uses:
-
apartment building
-
live-work dwelling where the non - residential work component within
the unit is a use permitted in the CMU* Zone
-
mixed use building where the non - residential use within the building is
a use permitted in the CMU* Zone
Provided however that an apartment building and/or live-work dwelling shall
only be permitted when developed in conjunction with a mixed use building.
3.
Zone Provisions
No person shall within any CMU*-14 Zone use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the
following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784 and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned CMU*-14 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
The lot line abutting Rossland Road East shall be deemed the front
lot line and the lot line furthest from and opposite the front lot line
(Teddington Crescent) shall be deemed the rear lot line. All other
lot lines shall be deemed interior side lot lines.
(7715-21)
Zoning By-Law 1784
Section 5P - 25
(c)
Height of Building
Minimum
2 storeys
Maximum
5 storeys
(d)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an
elevator penthouse, mechanical room, stair tower, roof top access
room, amenity space and any architectural features shall not
exceed 6 metres. No floor area above the fifth storey shall be used
as a dwelling unit.
(e)
Lot Coverage
Maximum
40%
(f)
Landscaped Open Space
Minimum
40%
(g)
Front Yard
Minimum Depth
3.0 m
Maximum Depth
7.0 m
(h)
Rear Yard
Minimum Depth
7.5 m
(i)
Interior Side Yard
Minimum Width
5.5 m
(j)
Decks, Porches, Steps, Patios and Balconies
(i)
Decks, porches, patios and balconies are permitted to project
from the main wall of a building provided they are set back a
minimum distance of 2.0 m from a street line, property line,
aisle and/or driveway.
Provided however, that a balcony can only project from the
main wall of a building into the interior side yard a maximum
distance of 2.1 m.
(ii) Steps are permitted to project provided they are setback a
minimum distance of 0.6 m from a street line, aisle and/or
driveway.
(k)
Aisle and/or Driveway Width
(i)
The maximum width of a driveway at the street line
shall be
12.3 m
(ii) The minimum width of an aisle and/or driveway
serving a loading area shall be
6.0 m
(l)
Number of Live-Work Dwelling Units
Maximum
18
(m)
Live - Work Dwelling Provisions
(i)
The non-residential component of a live-work dwelling unit
shall be situated only on the first storey of the dwelling.
Zoning By-Law 1784
Section 5P - 26
(ii) The minimum gross floor area of the non-residential
component of a live-work dwelling unit shall be 50 m2 excluding
any floor area used for a washroom, mechanical or electrical
room or a storage room.
(iii) The maximum elevation of the ground floor of the first storey
above finished grade level at the primary entrance door to the
non-residential component shall be 0.6 m.
(iv) The minimum floor to ceiling height of the first
storey of all live-work dwelling units shall be 3.1m.
(v) The non -residential gross floor area component of
a live -work dwelling unit shall not be used in
determining the minimum required non -residential
gross floor area required in provision 3 ( n ) ( i )
below.
(n)
Non-Residential Provisions
(i)
The minimum gross floor area devoted to non-residential uses
shall be 740 m2 excluding outdoor patios related to non-
residential uses.
(ii) Non-residential uses shall only be permitted on the first and
second storey.
(iii) The minimum floor to ceiling height of the first storey for all
non-residential uses shall be 3.1 m.
(iv) Notwithstanding the minimum building yard setback provisions
to the contrary, any ornamental or architectural structure such
as a canopy or a colonnade may project to within 1.0 m of the
property line.
(v) No drive through facilities are permitted.
(o)
Parking and Loading Requirement
Notwithstanding any provisions of Section 4A to the contrary, the
following provisions shall apply:
(i)
Number of Live-Work Dwelling Unit
Parking Spaces
Minimum
1.25 spaces per dwelling
unit plus 0.25 spaces per
dwelling unit dedicated
for visitors parking.
(ii) Number of Non-Residential
Parking Spaces
1.0 space per 30m2 of
gross leasable area
(iii) Tandem parking spaces shall be permitted and be counted as
two parking spaces only where used by an owner or tenant of
one dwelling unit.
Zoning By-Law 1784
Section 5P - 27
(iv) The parking space dimensions for an accessible parking space
shall be
Type of Space
Min.
Length
Min.
Width
Min.
Height
Accessible Parking Space
5.8 m
3.4 m
2.1 m
(v) The minimum unobstructed height of a parking space may be
obstructed by facilities for a suspended bicycle parking space
for the exclusive use of the owner or assigned user of the
parking space.
4.
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to
the lands zoned CMU*-14:
4(m) Ten Percent % of every lot
4(w) Satellite Dishes
5.
Definitions
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where there is a conflict
between the definitions set forth here under and those set forth in Section 2
of By-law #1784, the following definitions shall apply:
(a) "Amenity Space" means a space within a building or outside of a
building which provides an active and/or passive recreation area for the
exclusive use of the occupants of the building for which it is intended to
apply.
(b) "Live-Work Dwelling" means a dwelling unit within a building, in which
a portion of the unit at grade level may be used as a business
establishment and the remainder of the unit shall be a dwelling unit and
whereby each "live" and "work" component within a portion of the unit
has an independent entrance from the outside and an interior access
between the "live" and "work" component.
(c) "Mixed Use Building" means a building containing residential uses
and at least one other non-residential use.
(15)
CMU*-15: EXCEPTION 15
Part of Lot 26, Concession 4
20 Taunton Road East
1.
Defined Area
The lands located north of Taunton Road East and east of Baldwin Street
South and zoned CMU*-15 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any CMU*-15 Zone use any lot or erect, alter or use
any building or structure for any purpose except the following use:
-
all uses permitted within the CMU*-9 Zone
-
commercial self storage warehouse
(7715-21)
(7742-21)
Zoning By-Law 1784
Section 5P - 28
3.
Zone Provisions
No person shall within any CMU*-15 Zone use any lot or erect, alter or use
any building or structure except in accordance with the zone provisions for
the CMU*-9 Zone save and except for the following provisions related to a
commercial self-storage warehouse.
(a)
Lot Line Determination
Notwithstanding the definition of front lot line, the most southerly lot
line shall be deemed the front lot line and the most northerly lot line
shall be deemed the rear lot line. All other lot lines shall be deemed
to be interior side lot lines.
(b)
Lot Coverage
Maximum
55%
(c)
Front Yard
Minimum Depth
14.5 m
(d)
Interior Side Yard
Minimum Width
0.0 m
(e)
Rear Yard
Minimum Depth
3.0 m
(f)
Parking Requirements
(i)
Number of Parking Spaces
The minimum number of outdoor parking spaces required
for a 4-storey commercial self-storage warehouse with a
maximum gross floor area of 11,500 m2 shall be 28
spaces.
(ii)
Location of Parking Spaces
Any parking spaces and parking area shall be set back a
minimum of 1.8 m from the first storey wall of the main
building, 0.3 m from the front lot line and 1.5 m from any
interior side lot line.
(iii)
Number of Loading Spaces
Minimum
1 space
(iv)
Outside Storage
The activities and other operations incidental and
accessory to a commercial self-storage warehouse,
including storage of goods, materials and parking and
storage of commercial vehicles, recreational vehicles and
trailers shall be carried on within the confines of a building,
provided, however, that nothing herein shall be deemed to
prevent the occasional outside parking of vehicles by the
owner, tenants, employees and customers.
4.
Definitions
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where there is a conflict
between the definitions set forth hereunder and those set forth in Section 2
of By-law #1784, the following definitions shall apply:
Zoning By-Law 1784
Section 5P - 29
(a)
"Commercial Self Storage Warehouse" means a building or part
of a building where separate compartmentalized storage units are
made available to the public and where the public are permitted to
access the building to place or remove their personal property.
5.
Zoning Provisions That Do Not Apply
The following zone provisions shall not apply to the lands zoned CMU*-15 by
this By-law amendment:
4(e)
Frontage on Public Street
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
(16)
CMU*-16: EXCEPTION 16
Southeast Corner of Taunton Road East and Sebastian Street
1.
Defined Area
The lands located at the southeast corner of Taunton Road East and
Sebastian Street and zoned CMU*-16 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-law
amendment shall be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any CMU*-16 Zone use any lot or erect alter or use
any building or structure except for one or more of the following uses:
(a)
Non-Residential Uses
-
all uses permitted in the CMU* Zone
(b)
Residential Uses
-
back to back townhouse dwelling
-
block townhouse dwelling
Provided however that residential uses shall only be permitted
when developed with one or more non-residential buildings on the
site.
3.
Zone Provisions
No person shall within any CMU*-16 Zone use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the
following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784 and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, Part Lot Exemption, or conveyance with
respect to any portion of the said land, the land zoned CMU*-16 by
this By-law shall be considered to be one lot.
(b)
Height of Building
Minimum
2 storeys
Maximum
- Back to Back Townhouse Dwelling
4 storeys
- Block Townhouse Dwelling
3 storeys
(7930-22)
Zoning By-Law 1784
Section 5P - 30
(c)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an
elevator penthouse, mechanical roof, stair tower, roof top access
room, indoor activity space and any architectural features shall not
exceed 6 metres.
(d)
Front Yard
Minimum Depth
4.5 m
(e)
Rear Yard
Minimum Depth
7.5 m
(f)
Interior Side Yard
Minimum setback to an exterior end wall of a block townhouse
dwelling unit
5.0 m
Minimum setback to a south facing rear wall of a block
townhouse dwelling unit
7.5 m
(g)
Exterior Side Yard
Minimum setback to an exterior end wall of a block townhouse
dwelling unit
2.2 m
Minimum setback to a north facing front wall of a block
townhouse dwelling unit
2.5 m
Minimum setback including the setback to a visibility
triangle, to a non-resident building
0.0 m
(h)
Landscaped Open Space
Minimum
30% of the lot area
(i)
Decks, Porches, Steps, Patios And Balconies
(i)
Decks, porches, patios and balconies are permitted to
project from the exterior wall of a dwelling unit provided
they are set back a minimum distance of 1.5 m from a
street line or internal roadway.
(ii)
Steps are permitted to project provided they are setback a
minimum distance of 0.6 m from a street line or internal
roadway.
(iii)
Decks, porches, steps and balconies are permitted to
project from the rear exterior wall of a dwelling unit at or
below the level of the first storey a maximum distance of
3.5 m.
(iv)
Decks and balconies are permitted to project from the
second storey of a dwelling unit a maximum distance of
1.5 m from the rear exterior wall of a dwelling unit.
(v)
Decks and balconies are permitted to project from the
second storey a maximum distance of 2.75 m from the
rear exterior wall of a dwelling unit with a rear accessed
garage.
Zoning By-Law 1784
Section 5P - 31
(j)
Accessory Structures
(i)
Notwithstanding the definition of Accessory Structure in
Section 2 Definitions of this By-law to the contrary, an
accessory structure may be attached to a main building
and may be used for such activities as the storage of
equipment and utility devices (water meter room) and
garage storage related to the principal uses on the lot.
(ii)
The maximum height of an accessory structure measured
from grade level to the ridge of any roof structure shall be
4.5 m
(k)
Special Provisions - Block Townhouse Dwelling
(i)
The minimum width of each dwelling unit shall be 5.2
metres.
(ii)
The minimum separation distance between block
townhouse dwellings on the same lot shall be 2.2 metres
for an end wall to end wall condition, 15 metres for a rear
wall to rear wall condition, and 15 metres for a front wall to
front wall condition.
(iii)
The minimum distance from an end wall to an internal
roadway shall be 1.8 metres.
(iv)
The minimum distance from a wall other than an end wall
to an internal roadway shall be 2.75 metres.
(v)
The minimum distance from an integral private garage to
an internal roadway shall be 5.8 metres.
(l)
Special Provisions - Back to Back Townhouse Dwelling
(i)
The minimum distance from an end wall to an internal
roadway shall be 1.8 metres.
(ii)
The minimum distance from a wall other than an end wall
to an internal roadway shall be 2.75 metres.
(iii)
The minimum distance from an integral private garage to
an internal roadway shall be 5.8 metres.
(iv)
The minimum outdoor private amenity space for a dwelling
unit shall be 7.5 square metres.
(v)
The minimum number of parking spaces required are two
parking spaces per dwelling unit plus 0.25 parking spaces
per dwelling unit dedicated for visitors parking.
(m)
Special Provisions - Non-Residential Building
(i)
The minimum gross floor area shall be 950 square metres.
(ii)
The minimum floor to ceiling height of the first storey shall
be 3.5 metres.
(iii)
The maximum elevation of the ground floor of the first
storey above finished grade level at the entrance door to
premises shall be 0.3 metres.
(iv)
No drive through facilities are permitted.
Zoning By-Law 1784
Section 5P - 32
4.
Zone Provisions That Do Not Apply
The following provisions of By-law #1784 shall not apply to the lands zoned
CMU*-16 by this By-law amendment:
4(g)
Sight Triangles
4(m)
Ten Percent % of every lot
4(w)
Satellite Dishes
4A (5.0)
Loading Space Regulations
(17)
CMU*-17: EXCEPTION 17
1399 DUNDAS STREET EAST
(Temporary Use)
1.
Defined Area
The lands located east of Hopkins Street and west of Glen Hell Drive South
and zoned CMU*-10 and CMU*-17 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-law shall
be governed by the relevant provisions of By-law #1784.
2.
Use(s) Permitted
Notwithstanding the uses permitted in subsection 5P(i) and 5P(ii), the
temporary use of an automotive sales office and associated parking lot shall
be permitted on the property municipally known as 1399 Dundas Street
East.
3.
Definition(s):
The following definition shall apply:
"Automotive sales office and associated parking lot" means a lot, a
building, or part of a building where new and/or used motor vehicles are kept
for temporary display and sale.
4.
Expiry Date
The temporary use of an automotive sales office and associated parking lot
shall cease to be in effect as of April 28, 2028.
(18)
CMU*-18: EXCEPTION 18
935 & 945 TAUNTON ROAD EAST, 3557 GARRARD ROAD
1.
Defined Area
The lands located at the southwest corner of Taunton Road East and
Sebastian Street and zoned CMU*-18 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-law
amendment shall be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any CMU*-18 Zone use any lot or erect alter or use
any building or structure except for one or more of the following uses:
(a)
Non-Residential Uses
-
All non-residential uses permitted in the CMU* Zone
-
one residential sales office
(8180-25)
(8213-25)
Zoning By-Law 1784
Section 5P - 33
(b)
Residential Uses
-
block townhouse dwelling
-
back-to-back stacked townhouse dwelling
-
mixed use building
Provided however that residential uses shall only be permitted
when developed with one or more non-residential buildings on the
site except a residential sales office.
3.
Zone Provisions
No person shall within any CMU*-18 Zone use any lot or erect, alter or use
any building or structure for any purpose except in accordance with the
following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784 and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned CMU*-18 by this By-law amendment
shall be considered to be one lot.
(b)
Lot Line Determination
The lot line abutting Taunton Road East shall be deemed the front
lot line and the lot line furthest from and opposite to the front lot line
shall be deemed the rear lot line. The lot line abutting Garrard Road
and the lot line abutting Sebastian Street shall be deemed the
exterior side lot lines and all other lot lines shall be deemed interior
side lot lines.
(c)
Height of Building
Minimum
2 storeys
Maximum
-
block townhouse dwelling
3 storeys
-
back-to-back stacked townhouse dwelling
4 storeys
-
mixed use building
4 storeys
(d)
Location of Back-to-Back Stacked Townhouse Dwellings or Mixed-
Use Building
No back-to-back stacked townhouse dwelling or mixed-use building
shall be situated any further than 80 m from the Taunton Road East
street line.
(e)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an
elevator penthouse, mechanical room, stair tower, roof top access
room, indoor activity space and any architectural features shall not
exceed 3.5 metres.
(f)
Front Yard
Minimum
0.0 m
(g)
Rear Yard
Minimum
7.5 m
Zoning By-Law 1784
Section 5P - 34
(h)
Interior Side Yard
Minimum
2.0 m
(i)
Exterior Side Yard
Minimum
-
block townhouse dwelling
3.0 m
-
back-to-back stacked townhouse dwelling
2.2 m
-
mixed use building
2.2 m
(j)
Setback to a Visibility Triangle
Minimum
0.0 m
(k)
Landscaped Open Space
Minimum
25% of the lot area
(l)
Decks, Porches, Steps, Patios and Balconies
(i)
Decks, porches, steps, patios and balconies are permitted
to project from the front exterior wall of a dwelling unit at
the first storey into the minimum required exterior side
yard a maximum distance of 2.2 m.
(ii)
Decks, porches, patios and balconies are permitted to
project from the front exterior wall of a dwelling unit at the
first storey provided they are setback a minimum distance
of 1.5 m to an internal roadway.
(iii)
Steps are permitted to project, provided they are setback a
minimum distance of 0.6 m from an internal roadway.
(iv)
Decks and balconies are permitted to project from the rear
exterior wall of a dwelling unit at or below the level of the
first storey a maximum distance of 3.5 m.
(v)
Decks and balconies are permitted to project from the
second storey or third storey of a dwelling unit a maximum
distance of 1.5 m from the front or rear exterior wall of a
dwelling unit.
(m)
Accessory Structures
(i)
Notwithstanding the definition of Accessory Structure in
Section 2 Definitions of this By-law to the contrary, an
accessory structure may be attached to a main building
and may be used for such activities as the storage of
equipment and utility devices related to the principal uses
on the lot.
(ii)
The maximum height of an accessory structure measured
from grade level to the mid-point of any roof structure shall
be 4.5 m.
(iii)
Any accessory structure used to house and store
equipment and utility devices may be situated in any yard
provided that such structure is located no closer than 1.4
m to any street line.
Zoning By-Law 1784
Section 5P - 35
(n)
Special Provisions - Block Townhouse Dwelling
(i)
The minimum width of each dwelling unit shall be 5.5 m.
(ii)
The minimum separation distance between block
townhouse dwellings on the same lot shall be 2.4 m for an
end wall to end wall condition, 15 m for a rear wall to rear
wall condition, and 15 m for a front wall to front wall
condition.
(iii)
The minimum distance from an end wall to an internal
roadway shall be 1.8 m.
(iv)
The minimum distance from a wall other than an end wall
to an internal roadway shall be 4.5 m.
(v)
The minimum distance from an integral private garage to
an internal roadway shall be 5.8 m.
(o)
Special Provisions - Back-to-Back Stacked Townhouse Dwelling
(i)
The minimum separation distance between back-to-back
stacked townhouse dwellings shall be 12 m for a front wall
to front wall condition, and 7 m for an end wall to any other
building wall.
(ii)
The minimum distance from a wall to an internal roadway
shall be 1.8 m.
(p)
Special Provisions - Mixed Use Building
(i)
The minimum separation distance between mixed use
buildings shall be 12 m for a front wall to front wall
condition, and 7 m for an end wall or rear wall to any other
building wall.
(ii)
Non-residential uses shall be permitted only in a mixed
use building.
(iii)
The minimum distance from a wall to an internal roadway
shall be 1.8 m.
(iv)
The minimum gross floor area devoted to non-residential
uses shall be 480 m2 excluding outdoor patios related to
non-residential uses.
(v)
Non-residential uses shall only be permitted on the first
storey.
(vi)
The minimum floor to ceiling height of a non-residential
use shall be 3.5 m.
(vii)
The maximum elevation of the ground floor of the first
storey above finished grade level at the entrance door to
the non-residential use shall be 0.3 m.
(viii)
No drive through facilities are permitted.
Zoning By-Law 1784
Section 5P - 36
(q)
Parking and Loading Provisions
(i)
The minimum number of parking spaces required shall be:
(a) Block Townhouse Dwelling
2 spaces/unit
(b) Back-to-Back Stacked Townhouse
Dwelling
1 space/unit
(c) Visitor and non-residential parking 0.25 spaces/unit
(ii)
No parking spaces shall be permitted in the Front Yard or
the Exterior Side Yard.
(iii)
Subsection 3.9 of Section 4A of By-law 1784 shall not
apply.
4.
Definitions
For the purposes of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where there is a conflict
between the definitions set forth hereunder and those set forth in Section 2
of By-law No. 1784, the following definitions shall apply:
(a)
Back-to-Back Stacked Townhouse Dwelling means a building
containing more than six dwelling units, each dwelling unit being
separated from the other vertically which may include a common
rear wall and horizontally and whereby each dwelling unit has an
independent entrance either directly from the outside or through a
common vestibule.
(b)
Back-to-Back Stacked Townhouse Dwelling Unit means a
dwelling unit in a back-to-back stacked townhouse dwelling.
(c)
Mixed Use Building means a building containing residential uses
and at least one other non-residential use.
5.
Zoning Provisions That Do Not Apply
The following subsections of Section 4 -- General Provisions shall not apply
to the lands zoned CMU*-18 by this By-law amendment:
4(g)
Sight Triangles
4(m) Ten Percent of Every Lot
4(w) Satellite Dishes
Zoning By-Law 1784
Section 5Q - 1
Section 5Q
Residential (R2A*-WS) Wide Shallow Zone
No person shall use any lot, or erect or alter or use any building or structure in any 'R2A*- WS' Zone
except in accordance with the following uses and zone provisions:
(i)
USE PERMITTED
-
single detached dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
- interior lot
17.0 m
Minimum
- corner lot
20.5 m
(b)
LOT DEPTH
Minimum
27.0 m
(c)
LOT AREA
Minimum
459 m2
(d)
LOT COVERAGE
Maximum
- one storey dwelling unit
45%
Maximum
- dwelling unit greater than one storey
40 %
Notwithstanding subsection (d) above, the following is not included in the calculation
of maximum lot coverage:
(i)
a detached garage having a maximum area of 38.0 m2, provided the detached garage
is located in the rear yard, has access to a public street by a driveway having an
unimpeded minimum width of 2.75 m, and where a garage or carport is not integral or
attached to the dwelling unit.
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it provided that:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12.0 m2 shall be permitted, provided it is
located in the front yard.
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20.0 m2, provided it is located in the
front yard and/or the exterior side yard.
(e)
FRONT YARD DEPTH
Minimum
4.5 m
Notwithstanding subsection (e) above, the minimum front yard depth for
an attached garage or carport, the entrance to which is from the front
yard, shall be
5.5 m
(5346-03)
(5612-05)
(5956-07)
Zoning By-Law 1784
Section 5Q - 2
(f)
REAR YARD DEPTH
Minimum rear yard depth to any portion of a dwelling unit
having a maximum height of one storey
7.5 m
Minimum rear yard depth to any portion of a dwelling unit having a
maximum height of two storeys
7.5 m
Minimum rear yard depth to any portion of a second storey of a dwelling
unit having a walkout basement
10.0 m
(g)
INTERIOR SIDE YARD DEPTH
Minimum
1.0 m
Notwithstanding subsection (g) above,
(i)
the minimum interior side yard depth for the exterior wall of the
second storey of a dwelling shall be
1.2 m
(ii)
where no garage or carport facilities are provided, the
minimum interior side yard depth to the dwelling shall be
4.5 m
(iii)
where a detached garage or an attached garage is provided in
the rear yard, the minimum interior side yard depth shall be:
on the side containing the driveway to a detached garage or an
attached garage located in the rear yard
3.1 m
on the other side
1.2 m
(h)
EXTERIOR SIDE YARD DEPTH
Minimum
4.5 m
Notwithstanding subsection (h) above, the minimum exterior side yard
depth, to a garage or carport, the entrance to which is from the exterior
side yard, shall be
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40 %
(j)
HEIGHT OF BUILDING
Maximum
8.5 m
(iii)
EXCEPTIONS
(a)
R2A*-WS-1 - RESIDENTIAL WIDE SHALLOW ZONE - EXCEPTION 1
MONTANA CRESCENT
(i)
The following additional zone provisions shall apply to the `R2A*-WS-1'
Zone:
(a)
FRONT YARD DEPTH
Maximum 6.5 m
(b)
HEIGHT OF BUILDING
Maximum 7.0 m
(c)
PROHIBITIONS
No windows or openings onto the rear yard above the main floor of
any building shall be permitted.
(5346-03)
(5612-05)
(6185-09)
Zoning By-Law 1784
Section 5Q - 3
(b)
R2A*-WS-2 - EXCEPTION 2
PART OF LOT 31, CONCESSION 3
Notwithstanding any provisions of this By-law to the contrary, in any R2A*-WS-2
Zone, the following provisions shall apply:
(a)
LOT DEPTH
Minimum
22m
(6541-11)
Zoning By-Law 1784
Section 5R - 1
Section 5R
Residential R2B*-WS Wide Shallow Zone
No person shall use any lot, or erect or alter or use any building or structure in any 'R2B*-WS' Zone
except in accordance with the following uses and zone provisions:
(i)
USE PERMITTED
-
single detached dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
- interior lot
14 m
Minimum
- corner lot
17.5 m
(b)
LOT DEPTH
Minimum
27 m
(c)
LOT AREA
Minimum
378 m2
(d)
LOT COVERAGE
Maximum
- one storey dwelling unit
45 %
Maximum
- dwelling unit greater than one storey
42.5 %
Notwithstanding subsection (d) above, the following is not included in the calculation
of maximum lot coverage:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit.
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it provided that:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted, provided it is
located in the front yard.
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2, provided it is located in the
front yard and/or the exterior side yard.
(e)
FRONT YARD DEPTH
Minimum
4.5 m
Notwithstanding subsection (e) above, the minimum front
yard depth for an attached garage or carport, the entrance
to which is from the front yard, shall be
5.5 m
(f)
REAR YARD DEPTH
Minimum rear yard depth to any portion of a dwelling unit
having a maximum height of one storey
7.5 m
Minimum rear yard depth to any portion of a dwelling unit
having a maximum height of two storeys
7.5 m
(5346-03)
(5599-05)
(5656-07)
Zoning By-Law 1784
Section 5R - 2
Minimum rear yard depth to any portion of a second storey
of a dwelling unit having a walkout basement
10 m
(g)
INTERIOR SIDE YARD DEPTH
Minimum
1.0 m
Notwithstanding subsection (g) above,
(i)
the minimum interior side yard depth for the
exterior wall of the second storey of a dwelling
shall be
1.2 m
(ii)
where no garage or carport facilities are
provided, the minimum interior side yard depth to
the dwelling shall be
4.5 m
(iii)
where a detached garage or an attached garage
is provided in the rear yard, the minimum interior
side yard depth shall be:
on the side containing the driveway to a detached
garage or an attached garage located in the rear
yard
3.1 m
on the other side
1.2 m
(h)
EXTERIOR SIDE YARD DEPTH
Minimum
4.5 m
Notwithstanding subsection (h) above, the minimum
exterior side yard depth, to a garage or carport, the
entrance to which is from the exterior side yard, shall be
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40 %
(j)
HEIGHT OF BUILDING
Maximum
8.5 m
(iii)
EXCEPTIONS
(a)
R2B*-WS-1 - RESIDENTIAL WIDE SHALLOW ZONE -EXCEPTION 1
MONTANA CRESCENT
(i)
The following additional zone provisions shall apply to the 'R2B*-WS-1'
Zone:
(a)
FRONT YARD DEPTH
Maximum
6.5 m
(b)
HEIGHT OF BUILDING
Maximum
7.0 m
(c)
PROHIBITIONS
No windows or openings onto the rear yard above the main floor of
any building shall be permitted.
(5346-03)
(5612-05)
(6185-09)
(6185-09)
Zoning By-Law 1784
Section 5R - 3
(b)
R2B*-WS-2 - Exception 2
184 Way Street
(1)
Notwithstanding any zone provisions of this By-law to the contrary, in any
R2B*-WS-2 Zone the following provisions shall apply:
(a)
LOT COVERAGE
Maximum - dwelling unit greater than one
storey
45%
(b)
HEIGHT OF BUILDING
Maximum
7.5 m
(c)
PROHIBITIONS
No windows or openings onto the rear yard above the main floor of
any building shall be permitted.
(6891-14)
Zoning By-Law 1784
Section 5S - 1
Section 5S
Residential (R2C*-WS) Wide Shallow Zone
No person shall use any lot, or erect or alter or use any building or structure in any 'R2C*-WS' Zone
except in accordance with the following uses and zone provisions:
(i)
USE PERMITTED
-
single detached dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
- interior lot
11.3 m
Minimum
- corner lot
14.8 m
(b)
LOT DEPTH
Minimum
27 m
(c)
LOT AREA
Minimum
305 m2
(d)
LOT COVERAGE
Maximum
- one storey dwelling unit
45 %
Maximum
- dwelling unit greater than one storey
40 %
Notwithstanding subsection (d) above, the following is not included in the calculation
of maximum lot coverage:
a single storey covered and unenclosed porch or verandah having no habitable space
above it provided that:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to a
maximum floor area of 12 m2 shall be permitted, provided it is located in the
front yard.
(b)
in the case of a corner lot, an unenclosed porch or verandah having up to a
maximum floor area of 20 m2, provided it is located in the front yard and/or
the exterior side yard.
(e)
FRONT YARD DEPTH
Minimum
4.5 m
Notwithstanding subsection (e) above, the minimum front yard depth for
an attached garage or carport, the entrance to which is from the front
yard, shall be
5.5 m
(f)
REAR YARD DEPTH
Minimum rear yard depth to any portion of a dwelling unit having a
maximum height of one storey
7.5 m
Minimum rear yard depth to any portion of a dwelling unit having a
maximum height of two storeys
7.5 m
Minimum rear yard depth to any portion of a second storey of a dwelling
unit having a walkout basement
10 m
(5346-03)
(5599-05)
(5956-07)
Zoning By-Law 1784
Section 5S - 2
(g)
INTERIOR SIDE YARD DEPTH
Minimum
1.0 m
Notwithstanding subsection (g) above,
(i)
the minimum interior side yard depth for the exterior wall of the
second storey of a dwelling shall be
1.2 m
(ii)
where no garage or carport facilities are provided, the
minimum interior side yard depth to the dwelling shall be
4.5 m
(iii)
where a detached garage or an attached garage is provided in the rear yard,
the minimum interior side yard depth shall be:
on the side containing the driveway to a detached garage or an
attached garage located in the rear yard
3.1 m
on the other side
1.2 m
(h)
EXTERIOR SIDE YARD DEPTH
Minimum
4.5 m
Notwithstanding subsection (h) above, the minimum exterior side yard
depth, to a garage or carport, the entrance to which is from the exterior
side yard, shall be
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40 %
(j)
HEIGHT OF BUILDING
Maximum
8.5 m
(iii)
EXCEPTIONS
(1)
R2C*-WS-1: Exception 1
(a)
Notwithstanding the provisions of Section 5S of By-Law # 1784 to the
contrary, the lands zoned R2C*-WS-1 - Single Detached Dwelling - Wide
Shallow Zone - Exception 1, as identified on Schedule A-1 to By-Law #
6024-08, shall have the following exception:
(i)
INTERIOR SIDE YARD DEPTH
Where a garage is provided integral to the main dwelling unit, the
minimum width of the interior side yard shall be as follows:
−
on one side of the dwelling unit
0.6 m
−
on the other side of the dwelling unit
1.2 m
Provided however, that the minimum distance
between dwelling units shall be
1.2 m
(ii)
All other provisions of Section 5S of By-law 1784 shall apply.
(2)
R2C*-WS-2: Exception 2
Plan of Subdivision SW-2022-03
4400 & 4440 Garden Street
1.
Defined Area
The lands located west of Garden Street and north of Robert Attersley Drive
East and zoned R2C*-WS-2 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law #1784.
(6024-08)
(8084-24)
(8084-24)
Zoning By-Law 1784
Section 5S - 3
2.
Zone Provisions
Notwithstanding any provision of the R2C*-WS Zone to the contrary, in any
R2C*-WS-2 Zone, the following provisions shall apply:
(a)
Lot Coverage
Maximum
50%
(b)
Front Yard Depth
Minimum
4.5 m
Provided however that an attached garage shall
be set back a minimum distance from the front lot
line of
5.8 m
(c)
Rear Yard Depth
Minimum
7.5 m
(d)
Interior Side Yard Depth
Minimum
1.2 m
(e)
Exterior Side Yard Depth
Minimum
3.0 m
(f)
Landscaped Open Space
Minimum
25%
(g)
Height of Building
Maximum
12.0 m
Provided however that no dwelling unit shall be
greater than three storeys in height.
(h)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provision of subsection4(y) Yard
Encroachments Permitted, provision (c) Decks, Porches, Steps,
Patios and Balconies to the contrary, the following provisions shall
apply:
(i)
Decks, porches and patios are permitted to project from
the exterior wall of a dwelling unit provided they are set
back a minimum distance of 2.5m from a street line.
(ii)
Steps are permitted to project provided they are setback a
minimum distance of 0.6m from a street line.
(iii)
Decks and porches are permitted to project from the first
storey of a dwelling unit a maximum distance of 3.5m from
the rear main wall of a dwelling unit.
(iv)
Steps to a deck or porch are permitted provided they are
setback a minimum distance of 0.6m from an exterior side
lot line, interior side lot line or rear lot line.
(i)
Setback to a Visibility Triangle
Minimum
0.6 m
(i)
Setback to an Internal Roadway
Minimum
1.5 m
Zoning By-Law 1784
Section 5S - 4
(j)
Zone Provisions That Do Not Apply
The following provisions shall not apply to the lands zoned
R2C*-WS-2 by this By-law amendment:
4(g) Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
By-Law 1784
Section 5T - 1
Section 5T
Residential (R2D*-WS) Wide Shallow Zone
No person shall use any lot, or erect or alter or use any building or structure in any R2D*-WS Zone
except in accordance with the following uses and zone provisions:
(i)
USE PERMITTED
-
single detached dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
- interior lot
9.1 m
Minimum
- corner lot
12.6 m
(b)
LOT DEPTH
Minimum
27 m
(c)
LOT AREA
Minimum
246 m2
(d)
LOT COVERAGE
Maximum
- one storey dwelling unit
45 %
Maximum
- dwelling unit greater than one storey
45 %
Notwithstanding, the following is not included in the calculation of maximum lot
coverage:
(i)
a single storey covered and unenclosed porch or verandah having no
habitable space above it provided that:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted, provided it is
located in the front yard.
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2, provided it is located in the
front yard and/or the exterior side yard.
(e)
FRONT YARD DEPTH
Minimum
4.5 m
Notwithstanding the minimum front yard depth for an attached garage or
carport, the entrance to which is from the front yard, shall be
5.5 m
(f)
REAR YARD DEPTH
Minimum rear yard depth to any portion of a dwelling unit having a
maximum height of one storey
7.5 m
Minimum rear yard depth to any portion of a dwelling unit having a
maximum height of two storeys
7.5 m
Minimum rear yard depth to any portion of a second storey of a dwelling
unit having a walkout basement
10.0 m
(5634-05)
By-Law 1784
Section 5T - 2
(g)
INTERIOR SIDE YARD DEPTH
Where a garage is provided integral to the main dwelling unit, the minimum width of
the interior side yard shall be as follows:
−
on one side of the dwelling unit
0.5 m
−
on the other side of the dwelling unit
1.0 m
Provided however, that the minimum distance between dwelling units
shall be
1.5 m
(h)
EXTERIOR SIDE YARD DEPTH
Minimum
4.5 m
Notwithstanding the minimum exterior side yard depth, to a garage or
carport, the entrance to which is from the exterior side yard, shall be
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40 %
(j)
HEIGHT OF BUILDING
Maximum
8.5 m
(iii)
EXCEPTIONS
(a)
R2D*-WS-1 - WIDE SHALLOW ZONE - EXCEPTION 1
(i)
ZONE PROVISIONS
(a)
INTERIOR SIDE YARD DEPTH
Where a garage is provided integral to the main dwelling unit, the
minimum width of the interior side yard shall be as follows:
−
on one side of the dwelling unit
0.6 m
−
on the other side of the dwelling unit
1.2 m
Provided however, that the minimum distance
between dwelling units shall be
1.2 m
(ii)
All other provisions of Section 5T of By-law 1784 shall apply.
(5983-07)
By-Law 1784
Section 5U - 1
Section 5U
Residential (R3A*-WS) Wide Shallow Zone
(i)
No person shall use any lot, or erect or alter or use any building or structure in any R3A*-WS Zone
except in accordance with the following uses and zone provisions:
(a)
USE PERMITTED
-
link dwelling
(b)
ZONE PROVISIONS
(i)
LOT FRONTAGE
Minimum
− interior lot
9.1 m
Minimum
− corner lot
12.6 m
(ii)
LOT DEPTH
Minimum
27 m
(iii)
LOT AREA
Minimum
246 m2
(iv)
LOT COVERAGE
Maximum
− one storey dwelling unit
45 %
Maximum
− dwelling unit greater than one storey
45 %
Notwithstanding subsection (iv) above, the following is not included in the calculation
of maximum lot coverage:
(a)
a single storey covered and unenclosed porch or verandah having no
habitable space above it provided that:
(i)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted, provided it is
located in the front yard.
(ii)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2, provided it is located in the
front yard and/or the exterior side yard.
(v)
FRONT YARD DEPTH
Minimum
4.5 m
Notwithstanding subsection (v) above, the minimum front yard depth for
an attached garage or carport, the entrance to which is from the front
yard, shall be
5.5 m
(iv)
REAR YARD DEPTH
Minimum rear yard depth to any portion of a dwelling unit having a
maximum height of one storey
7.5 m
Minimum rear yard depth to any portion of a dwelling unit having a
maximum height of two storeys
7.5 m
Minimum rear yard depth to any portion of a two storey dwelling unit
having a walkout basement
10.0 m
(5650-05)
(5346-03)
(5956-07)
By-Law 1784
Section 5U - 2
(vii)
INTERIOR SIDE YARD DEPTH
Minimum
0.0 m
Notwithstanding subsection (vii) above,
(b)
on the side where the dwelling units are attached below grade,
the minimum interior side yard depth shall be
0.5 m
(c)
on the side where the end wall of the dwelling unit is
unattached, the minimum interior side yard depth shall be
1.0 m
(viii)
EXTERIOR SIDE YARD DEPTH
Minimum
4.5 m
Notwithstanding subsection (viii) above, the minimum
exterior side yard depth, to a garage or carport, the
entrance to which is from the exterior side yard, shall be
5.5 m
(ix)
LANDSCAPED OPEN SPACE
Minimum
40 %
(x)
HEIGHT OF BUILDING
Maximum
8.5 m
Zoning By-Law 1784
Section 6 - 1
Section 6
Local Commercial (C1) Zone
No person shall hereafter use any land or erect or use a building or structure in a Local Commercial
(C1) Zone except in accordance with the following provisions:
(a)
USES PERMITTED
(i)
COMMERCIAL
Retail stores, service shops, shopping centres, offices, banks, studios, undertaking
establishments, custom workshops, places of entertainment, restaurants, bakeshop
or confectionary shop, music or dance studio, pet grooming, video or computer rental
establishment, and parking lots.
(ii)
INSTITUTIONAL
Hospitals (Public and Private), clinics, libraries, churches, commercial schools,
community centres, private clubs, lodges, fraternities, labour halls, auditoriums.
(iii)
RESIDENTIAL
Dwellings in business buildings over stores or offices, of which each dwelling unit
shall have a minimum net floor area of 70 m2 exclusive of public or common halls and
stairways, and the thickness of the outside walls.
(b)
AREA REQUIREMENTS
No person shall within any Local Commercial (C1) Zone erect or use any building or structure
except in accordance with the provisions set out in Schedule "A".
(c)
SHOPPING CENTRES
No shopping centre may be established unless it is in accordance with an approved site plan.
(d)
EXCEPTIONS
EXCEPTION 1 (C1-R)
PART OF LOT 24, CONCESSION 3
3975 GARDEN STREET
No person shall use any lot or erect or alter or use any building or structure in any "C1-R" Zone
on Schedule "A-1" annexed to By-law # 4229-98 except in accordance with the following uses
and zone provisions:
"C1-R" LOCAL COMMERCIAL - RESTRICTED
(a)
USES PERMITTED
-
bank
-
barber shop
-
beauty salon
-
drugless practitioner
-
dry cleaner's distribution station
-
eating establishment provided such facility does not include a "drive through"
service, to order or pick-up food or beverages from a vehicle
-
office
-
school of dance, art or music
(4002-97)
(4229-98)
(6776-13)
Zoning By-Law 1784
Section 6 - 2
-
shoe repair
-
tailor's shop
-
travel agency
-
trust company or similar financial institution
(b)
ZONE PROVISIONS
(i)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(ii)
LOT FRONTAGE
Minimum
25 m
(iii)
FRONT YARD
Minimum depth
7.5 m
(iv)
EXTERIOR SIDE YARD
Minimum Width
6.0 m
Maximum Width
12 m
(v)
REAR YARD
Minimum depth
6.0 m
(vi)
INTERIOR SIDE YARD
Minimum width
3.0 m
(vii)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(viii)
HEIGHT OF BUILDING
Maximum
10.0 m
(ix)
PARKING, ACCESSORY BUILDINGS
In accordance with the provisions of Section 4 of By-law # 1784.
(x)
OPEN STORAGE
The permitted uses and other operations incidental thereto, including
storage of goods, chattels and materials, shall be carried on within the
confines of a building, provided, however, that nothing herein shall be
deemed to prevent the outside parking of automobiles during normal
business hours by the owner, tenants, employees and customers.
EXCEPTION 2: C1-2
Part of Lot 19, Concession 1, Plan M1179 Part Block B, Now RP 40R-16263, Part 1
(1)
Defined Area
The lands located south of Dundas Street East and east of Springwood Street and
zoned C1-2 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law # 1784.
(2)
Uses Permitted
No person shall within any C1-2 Zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
-
office
(7045-15)
Zoning By-Law 1784
Section 6 - 3
(3)
Zone Provisions
No person shall within any C1-2 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following zone provisions:
(a)
Lot Coverage
Maximum
40% of the lot area
(b)
Landscaped Open Space
Minimum
10% of the lot area
(c)
Gross Floor Area
Maximum
3,720m2
(d)
Height of Building
Maximum
2 storeys
(e)
Number of Loading Spaces
Minimum
1
(f)
Holding Provisions
(i)
No person shall use any lot or erect, alter or use any building or
structure in any H-C1-2 Zone shown on Schedule "A-1" to this By-
law except in accordance with the following uses:
-
Existing uses at the date of the passing of this By-law.
(ii)
The "H" holding symbol prefixed to the C1-2 Zone shall not be
removed by amendment to this By-law until the following matters
have been fulfilled to the satisfaction of the Central Lake Ontario
Conservation Authority and the Town of Whitby:
-
The submission of a comprehensive engineering report
inclusive of all revisions and approved changes;
-
The completion and verification of the flood plain cut and fill
operation;
-
The completion of site remediation and preparation earthworks
including fill removal and replacement to provide a safe stable
base for construction. Confirmation shall be provided by a
qualified geotechnical engineer that the earthworks have been
completed and that the site can support the intended use;
-
Confirmation that drainage entering the site at the northeast
corner has been accommodated;
-
The submission of an acceptable detailed design for all
proposed retaining walls by a structural engineer;
-
The submission of an acceptable detailed site
servicing/grading design and associated construction staging
plan(s) for the proposed works;
-
The submission of a comprehensive restoration
plan/compensation plan and environmental monitoring plan;
-
The submission of a construction management plan including a
groundwater control plan;
Zoning By-Law 1784
Section 6 - 4
-
The submission of a fill management programme to ensure the
appropriate disposal of material being removed from the site
and to ensure the quality of the incoming material; and,
-
That a satisfactory site plan agreement has been entered into
between the Developer and the Town of Whitby. The site plan
agreement shall include a requirement that the Developer
convey the cut area and the 15 metre setback area to the
Town of Whitby free and clear of all encumbrances. The
Developer shall be responsible for providing a draft Reference
Plan and transfer documents for review and approval prior to
conveying the land.
By-Law 1784
Section 6A - 1
Section 6A
Brooklin Secondary Plan Commercial (C1-BP, C2-S-BP) Zones
(a)
Those portions of the zones designated "R2, R3, C1, C2" and "C2-S" on Schedule "B" to
By-law 1784 as are specified on Schedule "A-2" annexed to By-law N0. 2633-89 are
hereby changed to Local Commercial Zone "C1-BP" and Special Purpose Commercial
Zone "C2-S-BP" respectively as shown on Schedule "A-2" annexed to By-law # 2633-89.
(b)
No person shall use any land or erect or use a building or structure in any zone
designated "C1-BP" and "C2-S-BP" unless such land is serviced by municipal water and
sanitary sewer facilities operated by the Regional Municipality of Durham and such
building or other structure is connected thereto.
(c)
Notwithstanding the provisions of subsection (b) of this Section 6A, the following shall be
permitted in the zones designated "C1-BP", "C2-S-BP", respectively, as foresaid:
(i)
The continuation, alteration or reconstruction of any commercial building or
structure that was in existence as of the 1st day of January, 1989, provided that
such alteration or reconstruction is carried out in accordance with all other
provisions of this By-law 1784; and,
(ii)
The erection and use of any accessory building or structure provided that such
building or structure is accessory to a commercial use permitted hereunder.
(d)
Notwithstanding the provisions of subsection (b) of this Section 6A, the provisions of the
By-law 1784, as amended by the By-laws specified hereunder shall continue to apply to
the lands designated in such by-laws, namely, By-laws numbered 2347-88.
(e)
The respective Zone Provisions and other requirements of By-law 1784 apply to any
development or use of the lands designated in accordance with subsections (a) and (b)
hereof and, without limiting the generality of the foregoing, the "C1" and "C2-S" Zone
provisions apply to the areas designated as aforesaid as "C1-BP" and "C2-S-BP"
respectively.
(2633-89)
Zoning By-Law 1784
Section 6B - 1
Section 6B
Rossland Garden Main Central Area Secondary Plan - Central
Area Commercial
(a)
No person shall use any land, or erect or use any building or structure in any `CAC' Central
Area Commercial Zone as shown on Schedule "A-1" annexed to By-law # 3194-92 except in
accordance with the following uses and zone provisions:
(i)
USES PERMITTED
(a)
A shopping centre containing one or more of the following uses hereinafter
specified, provided that such uses are carried out wholly within an enclosed
building:
-
bake shop
-
bowling alley
-
commercial school
-
community centre
-
day care centre
-
eating establishment
-
launderette, coin operated laundry
-
Office
-
personal service establishment
-
place of entertainment
-
recreational or fitness club
-
retail store
-
institutional use permitted in a 'C1' Zone
(b)
A building or buildings containing one or more of the following uses, as
hereinafter specified, provided that such uses are carried out wholly within
an enclosed building:
-
office
(ii)
ACCESSORY USES PERMITTED
(a)
parking structure
(b)
within a building as defined under clause (i)(b) above, retail stores, personal
service establishment or a day care centre provided however, that these
uses are contained only in the first or second storey and do not exceed 25%
of the total gross floor area of the building.
(iii)
ZONE PROVISIONS
(a)
FLOOR AREA FOR SHOPPING CENTRE
1.
The minimum total gross floor area for any shopping centre building
shall be10,000 m2
2.
The maximum gross floor area for shopping centre uses within the
area designated `CAC' on Schedule "A-1" annexed hereto shall be
18,850 m2
(b)
LOT AREA
Minimum
0.4 ha
(3194-92)
(6776-13)
(6776-13)
(6776-13)
(6776-13)
Zoning By-Law 1784
Section 6B - 2
(c)
LOT FRONTAGE
Minimum
50 m
(d)
PROHIBITION
No person shall erect any building or structure on any lot or block zoned
`CAC' unless all streets shown on Schedule "A-2" annexed to By-law #
3194-92 and forming a property line of said lot or block are open municipal
streets.
(e)
YARD DEPTHS
1.
Interior side yard setback
Minimum
10 m
Maximum
20 m
2.
Rear yard setback where the rear lot line does not abut a municipal
street or a 0.3 m reserve abutting a municipal street
Minimum
10 m
Maximum
20 m
3.
Setback to streets
The following setbacks shall apply between any portion of any
building or structure and the streets as shown on Schedule "A-2"
annexed to By-law # 3194-92:
having a road allowance width of more than 26 m in
width
10 m
having a road allowance width of 26 m or less
8.0 m
(f)
BUILDING HEIGHT
1.
Maximum
12 storeys or 45 m
whichever is less
2.
Minimum for lands shown on Schedule
"A-3" annexed to By-law # 3194-92:
3 storeys or 12 m
whichever is greater
3.
Notwithstanding any provision to the contrary, an angular plane
restriction shall apply along Garden Street, commencing at a point
335 m north of the centreline of the Garden Street and Rossland
Road East intersection such that:
no portion of any building or structure shall extend through a plane
drawn westerly at a 30˚ angle from the east limit of the municipal
street known as Garden Street.
4.
The maximum height of any above ground parking structure shall
be 2 storeys or 10.0 m whichever is less
(g)
LOT COVERAGE
Maximum for all buildings and structures
50%
(h)
PARKING AND LOADING
Repealed by By-law 6925-14
Zoning By-Law 1784
Section 6B - 3
(i)
LANDSCAPING
Minimum landscaped open space
10% of total lot area
(iv)
INTERPRETATION
For the purposes of Section 6B the following definitions shall apply where in conflict
with Section 2 of By-law # 1784:
"PERSONAL SERVICE ESTABLISHMENT" means a building or a portion of a
building used to provide direct services to the public which shall include a medical
office, a dental office, a bank, a trust company or similar financial institution, a
drugless practitioner, a law office, a real estate office, a travel agency, a tailor's shop,
a barber shop, a beauty salon, a shoe repair, a dry cleaners distribution station, a
school of dance, art or music or photographic studio and a veterinary hospital.
"GROSS FLOOR AREA" means the aggregate of the horizontal areas of each floor
within a building or structure whether any such floor is above or below grade,
calculated by measuring from centre line to centre line of all interior dividing walls and
from the exterior face of store fronts and other perimeter walls, including outer
building walls and walls adjoining corridors or other common areas excluding,
however, a basement area and mezzanine space used exclusively for storage,
mechanical, electrical and elevator machine rooms, exterior truck loading facilities,
common walkways/stairways and interior pedestrian mall spaces.
"LOT LINE, FRONT" means the line that divides the lot from the street or a 0.3 metre
reserve abutting a street, provided that in the case of a corner lot, the shorter lot line
that so abuts the street or 0.3 metre reserve is deemed to be the front line of the lot,
and the longer line that so abuts the street or 0.3 metre reserve is termed a side lot
line.
"FRONTAGE, LOT" means a horizontal distance along the front lot line between the
side lot lines. Where the side lot lines are not parallel, the lot frontage shall be the
distance between the side lot lines measured on a line parallel to the front lot line and
7.5 metres distance therefrom.
Zoning By-Law 1784
Section 6C - 1
Section 6C
Brock/Taunton Major Central Area Secondary Plan - Central Area
Commercial
(a)
No person shall use any land, or erect or use any building or structure in any "CAC-BT" Central
Area Commercial - Brock/Taunton Zone as shown on Schedule "A-1" annexed to By-law #
4348-99, except in accordance with the following uses and zone provisions:
(i)
NON-RESIDENTIAL USES PERMITTED
-
automobile leasing office
-
automobile supply parts store
-
bake shop or confectionary shop
-
bank, credit union or other financial institution
-
clinic or veterinary clinic
-
commercial school
-
day care centre, community centre
-
department store
-
eating establishment
-
fitness centre or health club
-
food store
-
gas bar: one gas bar provided such facility is situated at least 100 m distance
from Taunton Road and complies with the zone provisions of Section 7A (B) and
(D) of By-law # 1784, as amended
-
hotel
-
institutional use permitted in a "C-1" Zone in accordance with the provisions of
By-law # 1784
-
launderette or coin operated laundry
-
library
-
music and/or video rental and sales outlet
-
outdoor or open storage: no outdoor or open storage of materials shall be
permitted on the subject lands, except for an outdoor garden centre if ancillary to
a permitted use
-
office
-
personal service establishment
-
place of amusement
-
place of entertainment
-
public garage, provided such use is integral and subordinate to a retail
automobile parts store or retail department store
-
recreation or fitness club
-
retail store
-
shop for pet grooming and retail sales
-
supermarket
-
taxi establishment
(ii)
ZONE PROVISIONS
(a)
LOT AREA
Minimum
1.8 ha
(b)
LOT FRONTAGE
Minimum
50 m
(c)
LANDSCAPE OPEN SPACE
Minimum
10% of all lands within the "CAC-BT" Zone
(4348-99)
(6776-13)
(6776-13)
(6776-13)
Zoning By-Law 1784
Section 6C - 2
(d)
FRONT YARD SETBACK
Minimum
5.0 m
Notwithstanding the above, a ground level patio and
associated perimeter fencing having a maximum height of 1.0
m may project into such yard to a maximum of 4.5 m provided
such patio area is not located within a sight triangle associated
with the intersection of any driveway and a street or
intersecting streets.
(e)
EXTERIOR SIDE YARD SETBACK
Minimum
5.0 m
Notwithstanding the above, a ground level patio and
associated perimeter fencing having a maximum height of 1.0
m may project into such yard to a maximum of 4.5 m provided
such patio area is not located within a sight triangle associated
with the intersection of any driveway and a street or
intersecting streets.
(f)
INTERIOR SIDE OR REAR YARD SETBACK
3.0 m
Except where the lot line abuts lands within the commercial
zone
0.0 m
(g)
TOP OF BANK
Notwithstanding any other yard provision, no building or
structure, parking area, driveway or loading zone shall be
located within 10.0 m of the top of bank or Greenbelt Zone
(h)
Minimum Building Height
2 stories or 7.0 m
Maximum Building Height
8 stories
(i)
LOT COVERAGE
Maximum
50% for all buildings
(j)
PARKING AND LOADING
Repealed by By-law 6925-14
(k)
LANDSCAPING
Minimum Landscaped Open Space
10% of total lot area
(iii)
DEFINITIONS
For the purpose of the interpretation of the various zone provisions set forth above,
the following definitions shall apply (where there is a conflict between the definitions
hereinafter set forth and those referred to in Section 2 of By-law # 1784, then the
definitions hereinafter set forth shall take precedence):
1.
"SUPERMARKET" means the tenant gross leasable space within a building
or part of a building or commercial retail unit wherein various food,
foodstuffs, groceries, beverages, and other household supplies commonly
used within the home, such as but not limited to, patent medicines, toilet
preparations, personal hygiene products, kitchen ware and hardware and
newspapers are offered and kept for sale and where the gross leasable area
for such use exceeds 1,200 m2.
(6925-14)
Zoning By-Law 1784
Section 6C - 3
2.
"FOOD STORE" means a building or part of a building having a gross
leasable area of less than 1,200 m2 wherein various food, foodstuffs,
groceries and other products used with the household are sold and may
include specialty food stores such as, but not limited in kind to a health food
store, a butcher shop, a delicatessen, a fruit and vegetable market, or other
specialty food store.
Zoning By-Law 1784
Section 6D - 1
Section 6D
Thickson/Taunton Community Central Area Secondary Plan -
Central Area Commercial
(a)
No person shall use any lot or part of a lot or erect or alter or use any building or structure in
the "CAC-TT" Zone except in accordance with the following uses and zone provisions:
(i)
NON-RESIDENTIAL USES PERMITTED
-
automobile leasing office
-
bake shop or confectionery shop
-
bank, credit union or other financial institution
-
clinic or veterinary clinic
-
commercial school
-
day care centre or community centre
-
department store
-
eating establishment
-
fitness centre or health club
-
food store
-
hotel
-
institutional use permitted in a "C-1" Zone in accordance with the provisions of
By-law # 1784
-
launderette or coin operated laundry
-
library
-
music and/or video rental and sales outlet
-
office
-
personal service establishment use
-
place of amusement
-
place of entertainment
-
recreation or fitness club
-
retail store
-
shop for pet grooming and retail sales
-
supermarket
-
taxi establishment
(ii)
ZONE PROVISIONS
(a)
RETAIL AND PERSONAL SERVICE ESTABLISHMENT
FLOOR SPACE
Maximum
7,000 m2
(b)
LOT AREA
Minimum
1.8 ha
(c)
LOT FRONTAGE
Minimum
18 m
(d)
LANDSCAPE OPEN SPACE
Minimum
10%
(e)
FRONT YARD SETBACK
Minimum
5.0 m
Notwithstanding the above, a ground level patio and
associated perimeter fence having a maximum height of 1.0 m
may project into such yard to a maximum of 4.5 m provided
such patio area is not located within a sight triangle associated
with the intersection of any driveway and a street or
intersecting streets.
(4797-01)
(6776-13)
(6776-13)
(6776-13)
(6776-13)
Zoning By-Law 1784
Section 6D - 2
(f)
EXTERIOR SIDE YARD SETBACK
Minimum
5.0 m
Notwithstanding the above, a ground level patio and
associated perimeter fencing having a maximum height of 1.0
m may project into such yard to a maximum of 4.5 m provided
such patio area is not located within a sight triangle associated
with the intersection of any driveway and a street or
intersecting streets.
(g)
INTERIOR SIDE OR REAR YARD SETBACK
Minimum
3.0 m
Except where the lot line abuts lands within a commercial zone
the minimum shall be
0.0 m
Except where the lot line abuts lands within a residential zone
and where the commercial building has a height of 3 stories or
less the minimum shall be
10.0 m
Except where the lot line abuts lands within a residential zone
and where the commercial building has a height greater than 3
stories the minimum shall be
15 m
(h)
HEIGHT OF BUILDINGS
Minimum
2 storeys or minimum
average height of 7.0m
Maximum
Within 100 m of Taunton Road and 80 m of
Thickson Road
6 storeys
Beyond 100 m of Taunton Road and 80 m of
Thickson Road
3 storeys
(i)
LOT COVERAGE
Maximum
35% for all buildings
(j)
PARKING AND LOADING
Repealed by By-law 6925-14
(b)
No outdoor or open storage of materials shall be permitted on the subject lands, except for an
outdoor garden centre if ancillary to a permitted use and provided it does not exceed 10% of
the gross floor area of the permitted use
(c)
For the purpose of the interpretation of the various zone provisions set forth herein, the
following definitions shall apply. (Where there is a conflict between the definitions hereinafter
set forth and those referred to in Section 2 of By-law # 1784, then the definitions hereinafter
set forth shall take precedence):
(i)
"SUPERMARKET" means the total gross leasable space within a building or part of
a building or commercial retail unit wherein various food, foodstuffs, groceries,
beverages and other household supplies commonly used within the home such as,
but not limited to, patent medicines, toilet preparations, personal hygiene products,
kitchen ware and hardware and newspapers are offered and kept for sale and where
the gross leasable area for such use exceeds 1,200 m2.
(ii)
"FOOD STORE" means a building or part of a building having a gross leasable area
of less than 1,200 m2 where various food, foodstuffs, groceries and other products
used within the household are sold and may include a specialty food store such as,
but not limited in kind to, a health food store, a butcher shop, a delicatessen, a fruit
and vegetable market, or other specialty food store.
(6925-14)
Zoning By-Law 1784
Section 6E - 1
Section 6E
Garden/Taunton - Central Area Commercial
(i)
NON-RESIDENTIAL USES PERMITTED in a CAC-GT-1 and CAC-GT-2 Zone
-
automobile leasing office
-
automobile supply parts store
-
bake shop or confectionary shop
-
bank, credit union or other financial institution, excluding a drive-thru
-
clinic or veterinary clinic
-
commercial school
-
day care centre, community centre
-
department store having a minimum gross floor area of 7,000 m2
-
eating establishment, excluding a drive-thru window or service
-
fitness centre or health club
-
food store having a maximum gross floor area of 1,125 m2
-
institutional use permitted in a "C-1" Zone in accordance with the provisions of By-law
# 1784
-
launderette or coin operated laundry
-
library
-
music and/or video rental and sales outlet
-
office
-
outdoor or open storage: no outdoor or open storage of materials shall be permitted
on the subject lands, except for an outdoor garden centre if ancillary to a permitted
use
-
personal service establishment
-
place of amusement
-
place of entertainment
-
public garage, provided such use is integral and subordinate to a retail automobile
parts store or retail department store
-
public use
-
recreation or fitness club
-
retail store
-
shop for pet grooming and retail sales
-
supermarket to a maximum gross leasable area of 3,250 m2
-
taxi establishment
(ii)
ZONE PROVISIONS within the CAC-GT-1 and CAC-GT-2 Zone
(a)
RETAIL AND PERSONAL SERVICE ESTABLISHMENT FLOOR
SPACE
Maximum
42,300 m2
(b)
LOT AREA
Repealed by By-law 7565-19
(c)
LOT FRONTAGE
Repealed by By-law 7565-19
(d)
LANDSCAPE OPEN SPACE
Minimum
10%
(e)
FRONT YARD SETBACK
Minimum
0.0 m
Maximum
4.5 m
(5871-06)
(6890-14)
(6776-13)
(6776-13)
(6776-13)
(6776-13)
(7565-19)
(7565-19)
Zoning By-Law 1784
Section 6E - 2
(f)
EXTERIOR SIDE YARD SETBACK
Minimum
0.0 m
Maximum
4.5 m
(g)
Within a CAC-GT-1 Zone buildings within 20 m of a public street shall comply with the
following provisions
-
the maximum length of a building measured along the block face
that is parallel to the street shall be
100 m
-
the minimum distance between buildings shall be
6.0 m
(h)
INTERIOR SIDE or REAR YARD SETBACK in a CAC-GT-2 Zone
Minimum
10.0 m
(i)
Buildings within a CAC-GT-1 or CAC-GT-2 Zone are subject to the following
provision:
-
Minimum setback from internal roadway
5.0 m
(j)
HEIGHT OF BUILDINGS
-
Minimum height for all buildings within 20 m of a public street shall
be
10.0 m
-
Maximum height for all buildings
25 m
-
Except where a building is within 20 m of a residential zone the
maximum height shall be
10.0 m
(k)
LOT COVERAGE
Maximum in each zone category
40% of the lot area
(l)
PARKING AND LOADING
Repealed by By-law 6925-14
(iii)
DEFINITIONS
For the purpose of Section 6E of this By-law the following definitions are provided:
"DEPARTMENT STORE" means a retail store primarily engaged in general merchandising at
retail of a wide range of commodities. At least the three main lines, namely apparel, hardware
and home furnishings should be carried, and other commodities normally carried by these
establishments, such as and similar to dry goods, confectionary products, home appliances,
sporting goods, etc. may also be carried and shall not include a retail warehouse with or
without food.
"INTERNAL ROADWAY" means a private driveway or street having a minimum width of 10 m.
"SUPERMARKET" means the total gross leasable space within a building or part of a building
or commercial retail unit wherein various food, foodstuffs, groceries, beverages and other
household supplies commonly used within the home such as, but not limited to, patent
medicines, toilet preparations, personal hygiene products, kitchen ware and hardware and
newspapers are offered and kept for sale and where the gross leasable area for such use
exceeds 1,200 m2.
(6890-14)
(6925-14)
Zoning By-Law 1784
Section 6E - 3
(iv)
Exceptions
(a)
Exception 1: CAC-GT-1-1
1.
Defined Area
The land located north of Taunton Road East, east of Garden Street and
zoned CAC-GT-1-1 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any CAC-GT-1-1 Zone use any lot or erect, alter or
use any building or structure except in accordance with the following:
(a)
Mixed Use Building containing one or more of the permitted non-
residential uses, in conjunction with one or more of the following
residential uses:
-
apartment dwelling units
-
seniors apartment dwelling units
-
long term care home
-
retirement home
(b)
Non-Residential Uses
-
all uses permitted in the CAC-GT-1 and CAC-GT-2 Zone
3.
Zone Provisions - Stand Alone Non-Residential Development
The zone provisions applicable to stand alone non-residential development
shall be those provisions set out in the CAC-GT-1 and CAC-GT-2 Zones.
4.
Zone Provisions - Mixed Use Development
No person shall within any CAC-GT-1-1 Zone use any lot or erect, alter or
use any building or structure except in accordance with the following
provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784, and notwithstanding the obtaining of
any severance by way of a consent under the provisions of the
Planning Act, R.S.O. 1990, C. P.13 as amended from time to time,
or the registration at any time of any Condominium Declaration, a
Plan of Subdivision, or conveyance with respect to any portion of
the said land, the land zoned CAC-GT-1-1 by this By-law shall be
considered to be one lot.
(b)
Lot Line Determination
The lot line abutting Garden Street shall be deemed the front lot
line and the lot line opposite the front lot line shall be deemed the
rear lot line. The lot line abutting the internal roadway to the north
shall be deemed the exterior side lot line and the southerly lot line
shall be deemed the interior side lot line.
(c)
Height of Building
Maximum
18 storeys
(7565-19)
Zoning By-Law 1784
Section 6E - 4
(d)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an
elevator penthouse, mechanical room, stair tower, roof top access
room and any architectural features shall not exceed 6 metres.
(e)
Lot Area
Minimum
0.6 ha
(f)
Lot Frontage
Minimum
100 m
(g)
Lot Coverage
Maximum
50%
(h)
Landscaped Open Space
Minimum
10%
(i)
Front Yard
Minimum Depth
0.0 m
(j)
Rear Yard
Minimum Depth
20 m
(k)
Interior Side Yard
Minimum Width
4.0 m
(l)
Exterior Side Yard
Minimum Width
1.0 m
(m)
Non-Residential Provisions
(i)
The minimum gross floor area devoted to non-residential
uses shall be 1300 m2 excluding outdoor patios related to
non-residential uses.
(ii)
Non-residential uses shall only be permitted on the first
and second storey or on a floor below the first storey.
(iii)
The minimum floor to ceiling height of the first storey for all
non-residential uses shall be 4.5 m.
(iv)
Notwithstanding the minimum building yard setback
provisions of this By-law to the contrary, any outdoor patio
or any ornamental or architectural structure such as a
canopy or a colonnade may project to within 0.3m of the
property line.
(v)
No drive through facilities are permitted.
(n)
Parking and Loading Requirements
Notwithstanding any provisions of Section 4A to the contrary, the
following provisions shall apply:
(i)
Number of Non-Residential
Parking Spaces
Minimum
1 space per 30m2 of gross leasable area
Zoning By-Law 1784
Section 6E - 5
(ii)
Any parking structure situated below finished grade may
be located no closer than 0.0 m to any street line or any
other lot line provided that any roof deck or finished top
level of the parking structure is no greater than 1m above
finished grade. This provision shall also apply to
ventilation shafts, stairways and other similar facilities
associated with a parking structure that projects above
finished grade.
(iii)
Any parking area or parking spaces at finished grade shall
be set back a minimum distance of 2.5m from any street
line, 0.0m from any other lot line, 3.5m from the exterior
wall of a main building other than an end wall and 1.8m
from an end wall.
(iv)
Tandem parking spaces shall be permitted and be
counted as two parking spaces only where used by an
owner or tenant of one dwelling unit.
5.
Definitions
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where there is a conflict
between the definitions set forth hereunder and those set forth in Section 2
of By-law #1784, the following definitions shall apply:
(a)
Landscaped Open Space means the open unobstructed space on
a lot which is suitable for the growth and maintenance of grass,
flowers, bushes, and other landscaping or other common outdoor
recreational activity space and includes any surfaced walk, patio
and open space areas or other common outdoor recreational
activity areas or similar landscaped space on the roof of a building,
but does not include any driveway or ramp whether surfaced or not,
nor any curb, retaining wall, parking area, private balcony or private
terrace.
(b)
Mixed Use Building means a building containing residential uses
and at least one other non-residential use.
6.
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to
the lands zoned CAC-GT-1-1 by this By-law:
4(g) Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
7.
Holding Provisions
Repealed by By-law Amendment 7644-20
(7644-20)
Zoning By-law 1784
Section 7 - 1
Section 7
Highway Commercial (C2) Zone
Repealed by By-law 1099-73
No person shall hereafter use any land or erect or use a building or structure in a Highway Commercial
(C2) Zone except in accordance with the following provisions:
(a)
USES PERMITTED
(i)
COMMERCIAL
-
bank
-
car wash station
-
drive-in theatre
-
hotel
-
motel
-
parking lot
-
places of entertainment
-
public garage
-
restaurant
-
service shop
-
used and new car lot
(b)
AREA REQUIREMENTS
No person shall within any Highway Commercial (C2) Zone erect or use any buildings or
structures except in accordance with the provisions set out in Schedule "A".
(1028-73)
(690-78)
Zoning By-law 1784
Section 7A - 1
Section 7A
Automobile Service Station (AS,AS-CW) Zones
1.
USES PERMITTED
No person shall within any "AS" Zone use any lot or erect, alter or use any building or structure
for any purpose except for one of the following uses, namely:
AS Zone
Automobile Service Station
AS-CW Zone
Automobile Service Station including Car Wash
2.
ZONE PROVISIONS
No person shall within any "AS" Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
(a)
LOT FRONTAGE
Minimum Interior Lot
- AS
36.5 m
- AS-CW
45.5 m
Minimum Corner Lot
- AS
45.5 m
- AS-CW
53.5 m
(b)
LOT DEPTH
Minimum Interior Lot
- AS
36.5 m
- AS-CW
53.5 m
Minimum Corner Lot
- AS
45.5 m
- AS-CW
53.5 m
(c)
LOT COVERAGE
Maximum
30% of lot area
(d)
FRONT YARD
Minimum
15 m
(e)
EXTERIOR SIDE YARD
Minimum
15 m
(f)
INTERIOR SIDE YARD
Minimum
- AS
6.0 m
- AS-CW
10.5 m
Provided that where the interior side yard in an "AS-CW" Zone is used
as a point of ingress to or egress from the car wash the minimum shall
be
15 m
(g)
REAR YARD
Minimum
- AS
6.0 m
- AS-CW
10.5 m
Provided that where the rear yard in an "AS-CW" Zone is used as a
point of ingress to or egress from the car wash the minimum shall be
15 m
(h)
LANDSCAPED OPEN SPACE
Minimum
15% of lot area
(i)
HEIGHT OF BUILDING
Maximum
9.5 m
(690-78)
Zoning By-law 1784
Section 7B - 1
Section 7B
Gasoline Bar (GB, GB-CW) Zones
1.
USES PERMITTED
No person shall within any "GB" Zone as hereinafter designated use any lot or erect, alter or
use any building or structure for any purpose except as follows, namely:
GB Zone
Gasoline Bar
GB-CW Zone
Gasoline Bar including a Car Wash
2.
ZONE PROVISIONS
No person shall within any "GB" Zone use any lot or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
(a)
LOT FRONTAGE
Minimum Interior Lot
36.5 m
Minimum Corner Lot
45.5 m
(b)
LOT DEPTH
Minimum Interior Lot
- GB
36.5 m
- GB-CW
53.5 m
Minimum Corner Lot
- GB
45.5 m
- GB-CW
53.5 m
(c)
LOT COVERAGE
Maximum
30% of lot area
(d)
FRONT YARD
Minimum
15 m
(e)
EXTERIOR SIDE YARD
Minimum
15 m
(f)
INTERIOR SIDE YARD
Minimum
- GB
6.0 m
- GB-CW
10.5 m
Provided that where the interior side yard in a "GB-CW" Zone is used as
a point of ingress to or egress from the car wash, the minimum shall be
15 m
(g)
REAR YARD
Minimum
- GB
6.0 m
- GB-CW
10.5 m
Provided that where the rear yard in a "GB-CW" Zone is used as a point
of ingress to or egress from the car wash the minimum shall be
15 m
(h)
LANDSCAPED OPEN SPACE
Minimum
15% of lot area
(i)
HEIGHT OF BUILDING
Maximum
9.5 m
(690-78)
Zoning By-law 1784
Section 7B - 2
3.
EXCEPTIONS
GASOLINE BAR - EXCEPTION 1
3 BALDWIN AND 10 WINCHESTER
Notwithstanding any other provision of this By-law, the provisions in this Section shall apply to
those lands identified as the "Subject Property" on "Schedule A-1" attached to and forming part
of By-law # 5935-07. All other provisions, unless specifically modified/amended by this
Section, continue to apply to the lands subject to this Section.
(i)
PERMITTED USES
The following additional uses are permitted:
(a)
retail store not exceeding 90 m2 of gross floor area shall be permitted within
a kiosk having a maximum floor area of 160 m2.
(ii)
ZONE PROVISIONS
The following specific Zone Provisions apply:
(a)
LOT FRONTAGE
Minimum Corner
30 m
(b)
EXTERIOR SIDE YARD
Minimum
4.5 m
(c)
REAR YARD
Minimum
1.5 m
(d)
CANOPY LOCATION
A protective canopy may be located in any yard provided that
the minimum distance between any portion of the canopy and
any lot line shall be
4.0 m
(e)
PARKING
No parking area shall be located closer than 1.5 m to any lot line
(f)
PLANTING STRIPS
Shall not apply to subject property
(g)
DRIVEWAYS
Shall not apply to subject property
(h)
LOCATION OF KIOSK
A kiosk may be located within any yard provided that the
minimum distance between the kiosk and any lot line shall be
1.5 m
(5935-07)
Zoning By-law 1784
Section 7B - 3
GASOLINE BAR - EXCEPTION 2
320 THICKSON ROAD SOUTH
Notwithstanding the provisions of Sections 7B and 7D to the contrary, the following provisions,
where inconsistent with the said Sections 7B and 7D, apply to all properties zoned GB-2:
(i)
ADDITIONAL PERMITTED USES
(a)
retail store not exceeding 118 m2 of gross floor area shall be permitted within
a kiosk having a maximum floor area of 186 m2.
(b)
drive-thru restaurant
(ii)
ZONE PROVISIONS
The following specific Zone Provisions apply:
(c)
EXTERIOR SIDE YARD
Minimum
7.5 m
(d)
LANDSCAPED OPEN SPACE
Minimum
13% of site area
(e)
PLANTING STRIP WIDTH
Minimum
0.9 m
(f)
LOCATION OF KIOSK
Minimum distance between the kiosk and any lot line
6.0 m
(g)
DRIVEWAY WIDTH
Maximum
11.8 m
(iii)
All other provisions of By-law # 1784, as amended, shall apply.
GASOLINE BAR - EXCEPTION 3
6875 BALDWIN STREET NORTH
1.
Defined Area
The land located at the south-east corner of Baldwin Street North and Colombus
Road East and zoned GB-3 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law # 1784.
2.
Uses Permitted
No person shall within any GB-3 Zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
-
gas bar
-
eating establishment which is ancillary and incidental and situated within a gas
bar kiosk building
-
retail store which is ancillary and incidental and situated within gas bar kiosk
building
(5995-07)
(7056-15)
Zoning By-law 1784
Section 7B - 4
3.
Zone Provisions
No person shall within any GB-3 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
Gas Bar Kiosk Gross Floor Area
Maximum
460 m2
Provided that the maximum gross floor area devoted to retail
store functions shall not exceed 210 m2
(b)
Interior Side Yard
Minimum
1.5 m
By-Law 1784
Section 7C - 1
Section 7C
Car Wash (CW) Zone
1.
USE PERMITTED
No person shall within any "CW" Zone use any lot or erect, alter or use any building or
structure for any purpose except for the following use, namely:
-
Car Wash
2.
ZONE PROVISIONS
No person shall within a "CW" Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
(a)
LOT FRONTAGE
Minimum Interior Lot
36.5 m
Minimum Corner Lot
45.5 m
(b)
LOT DEPTH
Minimum Interior Lot
53.5 m
Minimum Corner Lot
61 m
(c)
LOT COVERAGE
Maximum
30% of lot area
(d)
FRONT YARD
Minimum
15 m
(e)
EXTERIOR SIDE YARD
Minimum
15 m
(f)
INTERIOR SIDE YARD
Minimum
10.5 m
Provided that where the yard is used as a point of ingress to or egress
from the car wash, the minimum shall be
15 m
(g)
REAR YARD
Minimum
10.5 m
Provided that where the yard is used as a point of ingress to or egress
from the car wash, the minimum shall be
15 m
(h)
LANDSCAPED OPEN SPACE
Minimum
15% of lot area
(i)
HEIGHT OF BUILDING
Maximum
9.5 m
(690-78)
By-Law 1784
Section 7D - 1
Section 7D
General Provisions for (AS, GB, CW) Zones
In applying the aforementioned zone provisions in the "AS", "GB" and "CW" Zones, the following
provisions shall also apply.
1.
CANOPY LOCATION
Notwithstanding any other provisions of this By-law to the contrary, a protective canopy may
be located in any yard provided that the minimum distance between any portion of the canopy
and any lot line shall be 6.0 m.
2.
PUMP ISLAND LOCATION
Notwithstanding any other provisions of this By-law to the contrary a pump island may be
located in any yard in accordance with the following provisions:
(a)
the minimum distance between the face of the pump island and any lot line shall be
6.0 m.
(b)
where the lot is a corner lot, no portion of any pump island shall be located closer
than 3.0 m to a straight line between a point in the front lot line and a point in the
exterior lot line, each such point being 15 m from the intersection of the street lines.
3.
PARKING
Repealed by By-law 6925-14
4.
PLANTING STRIPS
Notwithstanding any provisions of this By-law to the contrary, planting strips shall be in
accordance with the following provisions:
(a)
the minimum width of a planting strip shall be 0.7 m;
(b)
planting strips shall be located adjacent to all lot lines except in those areas used as
driveway;
(c)
planting strips shall consists of a row of trees or a continuous unpierced hedgerow or
shrubs with the remainder of the planting strip treated with shrubs, flowers, sod, wood
chips, or other suitable landscape material; and,
(d)
where the lot is abutting a residential or institutional zone, a decorative wall or fence
having a maximum height of 2.0 m and a minimum height of 1.0 m shall be provided
and maintained along the interior side lot line and the rear lot line except that where
the wall or fence is located along the side lot line of the front yard of any adjoining lot
the maximum height shall be 1.0 m.
For the purpose of interpretation, the planting strips shall be considered to form part
of the landscaped open space.
5.
DRIVEWAYS
Notwithstanding any other provisions of this By-law to the contrary the following provisions
shall apply to driveways;
(a)
the maximum width of a driveway, measured along the sidewalk, where such exists,
and along the street line shall be 10.5 m;
(690-78)
(5956-07)
(5453-04)
By-Law 1784
Section 7D - 2
(b)
the minimum distance between driveways measured along the street line intersected
by such driveways shall be 9.0 m;
(c)
the minimum distance between a driveway and an intersection of street lines
measured along the street line intersected by such driveway shall be 15 m;
(d)
the minimum distance between an interior side or rear lot line and the closest point of
an adjacent driveway measured along the lot line shall be 1.0 m; and,
(e)
the minimum interior angle formed between the street line and the centre line of any
driveway shall be 70 degrees.
6.
LOCATION OF KIOSK
Notwithstanding any other yard provisions of this By-law to the contrary, a Kiosk may be
located within any yard provided that the minimum distance between the Kiosk and any lot line
shall be 10.5 m.
7.
CAR WASH - AUTOMOBILE STORAGE AREAS
Every car wash whether separate and distinct or in conjunction with an Automobile Service
Station or a Gasoline Bar shall provide waiting lines for the storage of vehicles in accordance
with the following provisions:
(a)
for a manual car wash, a waiting line of a minimum of 3 spaces per bay shall be
provided at the place of ingress to each bay;
(b)
for a mechanical automatic car wash where the automobile remains stationary while
being washed, a waiting line of a minimum of 5 spaces shall be provided at the place
of ingress to each bay;
(c)
for an automatic tunnel car wash, a waiting line of a minimum of 25 spaces per bay
shall be provided at the place of ingress to each bay, with a minimum of 5 spaces
being in a single line at the place of ingress to the unit; and,
(d)
all waiting lines shall be clearly defined by painted markings or physical barriers.
(5453-04)
By-Law 1784
Section 7E - 1
Section 7E
Special Purpose Commercial (C2-S) Zone
Repealed by By-law 1077-80
(i)
USES PERMITTED
No person shall within any "C2-S" Zone use any lot, erect alter or use any building or structure
for any purpose, except one or more of the following "C2-S" uses, namely:
(a)
RESIDENTIAL USES:
-
Prohibited
(b)
NON-RESIDENTIAL USES:
-
audio visual centre
-
automobile parts store
-
automobile sales establishment
-
boat & recreational vehicle sales establishment
-
catalogue store
-
equipment sales and rental - light
-
family restaurant
-
farm implement dealer
-
home improvement centre
-
home supply centre
-
hotel
-
major electrical supply centre
-
motel
-
motor vehicle rental
-
pet grooming
-
place of entertainment
-
plumbing supply centre
-
pool supply centre
-
public garage
-
retail nursery
-
sporting goods store
-
veterinary clinic
-
video or computer rental establishment
(ii)
ZONE PROVISIONS
No person shall within any "C2-S" Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(i)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(ii)
LOT FRONTAGE
Minimum
30.5 m
(iii)
FRONT YARD
Minimum Depth
7.5 m
(iv)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(v)
REAR YARD
Minimum Depth
7.5 m
(1053-80)
(1079-80)
(3334-93)
(4002-97)
(2984-91)
(4002-97)
By-Law 1784
Section 7E - 2
(vi)
INTERIOR SIDE YARD
No interior side yard is required provided that if any building or structure is to be
erected, altered or used on a lot immediately adjoining a Residential or Development
Zone, an interior side yard shall be provided on the side adjoining such Residential or
Development Zone. Any such required side yard shall have a minimum width of 3.0 m
In the case of a hotel, or motel the required site interior yard shall have a minimum
width of 7.5 m.
(vii)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(viii)
HEIGHT OF BUILDING
Maximum
10.0 m
Where the side or rear lot line abuts a Residential or Development Zone or a portion
of a street the opposite side of which portion of the street abuts a Residential or
Development Zone, such lot shall not be used for any of the uses permitted by this
By-law unless and until a planting strip is provided and maintained adjoining such
abutting lot line within the "C2-S" Zone of a row of trees or a continuous unpierced
hedge of evergreens or shrubs not less than 1.5 m high.
(ix)
PARKING, ACCESSORY BUILDINGS, ETC.
In accordance with the provisions of Section 4 of By-law 1784.
(x)
OPEN STORAGE
The permitted uses and other operations incidental thereto, including storage of
goods, chattels and materials, shall be carried on within the confines of a building,
provided, however, that nothing herein shall be deemed to prevent the outside
parking of automobiles during normal business hours by the owner, tenants,
employees and customers, nor shall it prevent the outside storage of automobiles or
trucks on property used as an automobile sales establishment.
(iii)
ZONE EXCEPTIONS
SPECIAL PURPOSE COMMERCIAL EXCEPTION 1 - (C2-S-1)
4100 GARDEN STREET
(a)
Notwithstanding any provisions of this By-law to the contrary, any lot within a C2-S-1
zone may be used for all of the uses within a C2-S Zone, plus the following uses:
(i)
VEHICLE SERVICE AND HOUSEHOLD MERCHANDISE RETAIL STORE
which means a building or structure within which the following uses are
permitted:
(a)
sale and supply of automobile parts;
(b)
public garage and an automobile rental agency which is ancillary
and subordinate to a public garage;
(c)
sale of goods and wares such as household goods, home
improvement products, entertainment products, hardware,
gardening supplies, sports and recreation goods;
(d)
outdoor garden centre;
(4482-99)
By-Law 1784
Section 7E - 3
(e)
ancillary or accessory uses such as offices and an eating
establishment wholly contained and accessed from within the main
building; and
(ii)
Gas bar, wherein the zone provisions in the "GB" Zone as contained in
Section 7B and 7D of By-law # 1784 shall apply to the permitted gas bar.
(b)
The zone provisions in a "C2-S-1" Zone shall apply to the lands identified as the such
on Schedule A-1 attached to By-law # 4482-99, save and except for open storage,
which shall be restricted to the storage and sale of gardening and outdoor household
supplies within an outdoor garden centre.
(c)
Unless otherwise provided herein, the provisions of Section 4 of By-law # 1784, as
amended, shall apply.
SPECIAL PURPOSE COMMERCIAL EXCEPTION 2 - (C2-S-2)
4100 GARDEN STREET
(a)
Notwithstanding any provision of this By-law to the contrary, any lot within a C2-S-2
Zone may be used for all of the permitted uses within a C2-S Zone and a C2-S-1
Zone.
(b)
Notwithstanding the uses permitted in a C2-S or a C2-S-1 Zone, the following
additional uses shall be permitted, provided the total gross leasable area devoted to
the uses does not exceed 3250 m2:
(i)
retail store;
(ii)
personal service establishment use; and,
(iii)
food store, provided the gross floor area of such establishment does not
exceed 1,200 m2.
It being understood that the total gross leasable area limit of 3250 m2 shall not apply
to uses permitted within the C2-S Zone or C2-S-1 Zone.
(c)
The zone provisions in a "C2-S" Zone shall apply to the lands identified on Schedule
A-1 attached to By-law 5170-02.
SPECIAL PURPOSE COMMERCIAL EXCEPTION 3 - (C2-S-3)
400 GLEN HILL DRIVE
(a)
Notwithstanding any provision of this By-law to the contrary, any lot within a C2-S-3
Zone may be used for all of the uses within a C2-S Zone, plus the following use:
-
retail warehouse facility with food sales, provided that the gross floor area
devoted to sale of food products that is visible and accessible to the public does
not exceed 2923m².
(b)
Section 7E(2) - "Special Purpose Commercial - Zone Provisions" of By-law # 1784, as
amended, shall apply to any lot within a C2-S-3 Zone.
(c)
Notwithstanding the parking provisions of Section 7E(2) "Special Purpose
Commercial - Zone Provisions" of By-law # 1784, as amended, parking for a retail
warehouse facility with up to a gross floor area of 2923 m² devoted to food sales shall
be 161 parking spaces.
(5170-02)
(6776-13)
(5167-02)
By-Law 1784
Section 7E - 4
C2-S-4 - SPECIAL PURPOSE COMMERCIAL - EXCEPTION 4 Zone
4110 GARDEN STREET
(i)
PERMITTED USES:
-
Notwithstanding the permitted uses in the C2-S Zone, the additional uses of
office and personal service establishment uses shall only be permitted within a
building designated by By-law under Part IV of the Ontario Heritage Act.
C2-S-5 - SPECIAL PURPOSE COMMERCIAL - EXCEPTION 5 Zone
4005 GARRARD ROAD
(a)
Notwithstanding any provisions of this By-law to the contrary, any lot within a C2-S-5
Zone may be used for all of the uses within a C2-S Zone and the lands shown
hatched as Site B on Appendix A to this Exception may also be used for a financial
institution.
(b)
Notwithstanding the provisions of Section 4(n)(i)(c)(x) 3, the strip of land lying along
the lot line of a parking area which abuts Garrard Road and Taunton Road East on
the lands shown as Site A on Appendix A to this Exception shall be a minimum width
of 1.5m.
(c)
Notwithstanding the provisions of Section 7E(2)(viii), the height of a building shall be
a maximum of 15 m on the lands shown as Site A on Appendix A to this Exception.
(d)
Notwithstanding the provisions of subsection 7E(1) Uses Permitted and subsection
7E(2) Zone Provisions, the storage, display and sale of goods shall be permitted
within 6 m of the southern most portion of the front façade facing Taunton Road East
for a home improvement centre only.
(e)
Notwithstanding the zone provisions of subsection 7E(2)(vii), the minimum
landscaped open space shall be 9% of the lot area on the lands shown as Site A on
Appendix A to this Exception.
(f)
Notwithstanding the parking area provisions of subsection 4(n)(i), the minimum
parking requirement shall be 4.65 spaces per 100 m2 of gross floor area on the lands
shown as Site A and shown hatched as Site B on Appendix A to this Exception.
(5634-05)
(6776-13)
(6022-08)
(6208-09)
By-Law 1784
Section 7E - 5
By-Law 1784
Section 7E - 6
C2-S-5 - SPECIAL PURPOSE COMMERCIAL - EXCEPTION 5 ZONE
940 TAUNTON ROAD EAST AND 950 TAUNTON ROAD EAST
(1)
Notwithstanding the uses permitted in the C2-S Zone, in any C2-S-5 Zone, the
following additional use shall be permitted:
-
financial institution
(2)
No person shall use any lot or erect or alter or use any building or structure in any H-
C2-S-5 Zone as shown on Schedule "A-1" to this By-law except in accordance with
the following uses:
-
existing uses at the date of the passing of this By-law
(3)
The Holding symbol "H" prefixed to this C2-S-5 Zone shall not be removed until:
-
Record of Site Condition has been prepared and submitted to and an
acknowledgement letter from the Ministry of Environment has been received by
the Town of Whitby.
-
Stormwater Management Report has been prepared to the satisfaction of the
Public Works Department.
-
Site Plan Agreement has been executed with the Town of Whitby that includes,
but is not limited to, securities to ensure completion of acceptable stormwater
management facilities.
-
Plant inventory has been submitted for review and, where appropriate, a salvage
operation of any species of interest which has been identified to the satisfaction
of the Central Lake Ontario Conservation Authority.
-
Hydrogeological Report with recommendations to protect the groundwater
resource has been submitted for review and approval of the Central Lake Ontario
Conservation Authority.
C2-S-6 - SPECIAL PURPOSE COMMERICAL - EXCEPTION 6 ZONE
980 TAUNTON ROAD EAST
USES PERMITTED
1.
Notwithstanding the uses permitted in the C2-S Zone, in any C2-S-6 Zone, the
following additional use shall be permitted:
-
pet supply and product store
2.
Notwithstanding the above permitted use, a pet supply and product store shall not
include the breeding of animals, a kennel, a place for the overnight boarding of
animals, or a place where animals, birds, and reptiles are kept for sale and/or sold.
C2-S-7 - Special Purpose Commercial - Exception 7 Zone
1550 Dundas Street East
(1)
Uses Permitted
Notwithstanding the uses permitted in the C2-S Zone, in any C2-S-7 Zone the
following additional use shall be permitted;
-
office
(6089-08)
(6822-14)
(6961-15)
By-Law 1784
Section 7E - 7
(2)
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any C2-S-7
Zone, the following zone provisions shall apply:
(a)
LOT COVERAGE
Maximum
50% of the lot area
(b)
LOT FRONTAGE
Minimum
30 m
(c)
FRONT YARD
Minimum depth
0.0 m
Maximum depth
2.0 m
(d)
EXTERIOR SIDE YARD
Minimum width
0.0 m
Maximum width
2.0 m
(e)
LANDSCAPED OPEN SPACE
Minimum
2% of the lot area
(f)
NUMBER OF PARKING SPACES
Minimum
1 parking space per 37 m of gross floor area
(g)
LOCATION OF PARKING
The minimum distance of all parking spaces and parking areas
from a streetline shall be
1.0 m
(h)
DRIVEWAY AND/OR AISLE WIDTH
Minimum
6.0 m
(i)
NUMBER OF LOADING SPACES
Minimum
0
C2-S-8 - Special Purpose Commercial - Exception 8 Zone
Part of Lot 32, Concession 1
1151 Dundas Street West
1.
Defined Area
The lands located south of Dundas Street West, east of the unopened Coronation
Street road right of way West and zoned C2-S-8 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
Notwithstanding the uses permitted in the C2-S Zone, in any C2-S-8 Zone only the
following use shall be permitted:
-
motor vehicle parking and storage area associated with an automobile sales
establishment to the north situated at 1025 Dundas Street West
3.
Zone Provisions
Notwithstanding any zone provisions to the contrary, in any C2-S-8 Zone, the
following zone provisions shall apply:
(7454-18)
By-Law 1784
Section 7E - 8
(a)
Determination of Greenbelt (G) Zone Boundary
The zone boundary of the Greenbelt Zone shall be the greater of six metres
beyond the surveyed regulatory flood plain or ten metres to the adjacent
woodland dripline as determined by the Central Lake Ontario Conservation
Authority.
C2-S-9 - Special Purpose Commercial - Exception 9 Zone
360 Columbus Road East
1.
Defined Area
The lands located north of Columbus Road East and east of Thickson Road North
and zoned C2-S-9 shall be subject to the provisions as hereinafter contained. Matters
not specifically dealt with in this By-law amendment shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
Notwithstanding the uses permitted in the C2-S Zone, in any C2-S-9 Zone only the
following uses shall be permitted:
-
clinic
-
office
Provided further that the uses listed above shall only be permitted in the buildings
existing at the date of the passing of this By-law amendment and any subsequent
additions thereto.
3.
Zone Provisions
Notwithstanding any zone provisions to the contrary, in any C2-S-9 Zone, the
following zone provisions shall apply:
(a)
Gross Floor Area
Maximum
1,000 m2
(b)
Number of Parking Spaces
The parking requirements of an office use shall apply to the uses permitted
in a C2-S-9 Zone.
(c)
Driveway Width
Minimum
6.0 m
Provided that the driveway in the front yard between the street line and the
parking area shall be a minimum width of 3.5 m.
(d)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall not apply
to the lands zoned C2-S-9 by this By-law amendment.
4(m) Ten Percent of Every Lot
4(w) Satellite Dishes
(7693-20)
By-Law 1784
Section 7E - 9
C2-S-10 - Special Purpose Commercial - Exception 10 Zone
4140 - 4150 Garden Street
1.
Defined Area
The lands located north of Taunton Road East and west of Garden Street and zoned
C2-S-10 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law amendment shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
No person shall within any C2-S-10 Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
-
all uses permitted in the C2-S zone
-
bakeshop or confectionary shop
-
clinic
-
commercial school
-
courier shop
-
eating establishment
-
eating establishment - take out
-
financial institution
-
food store
-
laundromat
-
laundry
-
office
-
personal service establishment
-
print shop
-
recreational club or facility
-
retail store
-
service shop
-
studio
-
wellness centre
3.
Zoning Provisions That Do Not Apply
The following zone provisions shall not apply to the lands zoned C2-S-10 by this By-
law amendment:
4(m) Ten Percent % of Every Lot
4(w) Satellite Dishes
(7693-20)
Zoning By-law 1784
Section 7F - 1
Section 7F
Special Purpose Commercial - Retail Warehouse (C2-S-RW) Zone
(i)
USES PERMITTED
No person shall, within any C2-S-RW Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
NON-RESIDENTIAL USES
-
bank or financial institution
-
family restaurant or restaurant
-
retail warehouse facility
-
Repealed by By-law 5655-05
(ii)
ZONE PROVISIONS
No person shall, within a Special Purpose Commercial - Retail Warehouse Zone (C2-S-RW),
use any lot or erect, alter or use any building or structure except in accordance with the
following provisions:
(i)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(ii)
FRONTAGE
Minimum
30.5 m
Except in the case where the lot abuts a 0.3 m reserve, the minimum
shall be
10 m
(iii)
FRONT YARD
Minimum Depth
7.5 m
(iv)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
Except in the case of an exterior side yard abutting a provincial highway
corridor, or a 0.3 m reserve abutting a provincial highway corridor, the
minimum shall be
13.7 m
(v)
INTERIOR SIDE YARD
No interior side yard is required provided that if the interior side yard is
abutting a provincial highway corridor, or a 0.3 m reserve abutting a
provincial highway corridor, a minimum interior side yard shall be13.7 m
(vi)
REAR YARD
Minimum Depth
7.5 m
Except in the case of a rear yard abutting a provincial highway corridor,
or a 0.3 m reserve abutting a provincial highway corridor the minimum
shall be
13.7 m
(vii)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(viii)
HEIGHT OF BUILDING
Maximum
10 m
(3628-95)
(5655-05)
Zoning By-law 1784
Section 7F - 2
(ix)
SINGLE USER UNIT SIZE
Minimum
-
Family restaurant or restaurant and bank or financial institution
shall not require a minimum single user unit size
-
Retail warehouse facility
1860 m2
-
Repealed by By-law 5655-05
(x)
PARKING SPACES
Repealed by By-law 6925-14
(xi)
OUTDOOR STORAGE
Not permitted
(iii)
EXCEPTIONS
EXCEPTION 1 - PART OF LOT 21, BROKEN FRONT CONCESSION
Notwithstanding the uses permitted within a "C2-S-RW" Zone, only the following uses shall be
permitted on the lands outlined on Schedule "A-1" attached to By-law # 3974-97, namely:
(i)
a retail warehouse facility, subject to the zone provisions of Section 7F, subsection ii)
of By-law 1784, as amended, provided that the total gross leasable area devoted to
retail warehouse facilities does not exceed 15,500 m2;
(ii)
outdoor display of goods, provided that any outdoor display of goods is ancillary and
is not located more than 6.0 m from the main wall of the building in which the retail
warehouse use is located;
(iii)
for the purpose of this Section, in the case of a retail warehouse use soley devoted to
furniture and appliance sales, the minimum required parking for the display area shall
be 1 parking space per 30 m2 of gross floor area;
(iv)
any uses permitted in the "M1A" Prestige Industrial Zone, subject to the zone
provisions of Section 8A, Subsection ii) of By-law # 1784, as amended; and,
(v)
unless otherwise provided herein, the provisions of Section 4 of By-law # 1784, as
amended, shall apply.
EXCEPTION 2 - PART OF LOT 20, CONCESSION ONE
(a)
Notwithstanding the uses permitted within a "C2-S-RW" Zone only the following uses
shall be permitted on the lands outlined on Schedule "A-1" attached to By-law # 4267-
98, namely;
(i)
a retail warehouse facility, subject to the zone provisions of Section 7F,
Subsection (ii) of By-law # 1784, as amended, provided that the total gross
leasable area devoted to retail warehouse facilities does not exceed 7,000
m2;
(ii)
outdoor display of goods provided that any outdoor display of goods is
ancillary to the permitted retail warehouse and is not located more than 6.0
m from the main wall of the building in which the retail warehouse use is
located;
(iii)
any uses permitted in the "M1A" Prestige Industrial Zone, subject to the zone
provisions of Section 8A Subsection ii) of By-law # 1784, as amended.
(4267-98)
(5655-05)
(6925-14)
Zoning By-law 1784
Section 7F - 3
(b)
Notwithstanding the use permitted in the Prestige Industrial Zone, Section 8A, the
additional uses of a hotel and motel shall be permitted on lands identified as "Subject
Property" on Schedule "A-1" attached to and forming part of this By-law in accordance
with the following zone provisions:
(i)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum
40% of the lot area
(b)
FRONT YARD
Minimum Depth
7.5 m
(c)
REAR YARD
Minimum Depth
7.5 m
(d)
INTERIOR SIDE YARD
Minimum Width
7.5 m
(e)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(f)
LANDSCAPED OPEN SPACE
Minimum
10%
(g)
HEIGHT OF BUILDING
Minimum
2 Storeys
Maximum
6 Storeys
(h)
NUMBER OF GUEST ROOMS
Minimum
80
(c)
Unless otherwise provided herein, the provisions of Section 4 of By-law # 1784, as
amended, shall apply.
EXCEPTION 3 - PART OF LOT 21, CONCESSION ONE
25 CONSUMERS DRIVE
Notwithstanding the uses permitted within a "C2-S-RW" Zone only the following uses shall be
permitted on the lands outlined on Schedule "A-1" attached to By-law # 4611-00, namely:
(a)
retail warehouse facility, subject to the zone provisions of Section 7F, subsection (ii)
of By-law # 1784, as amended, provided that the total gross leasable area devoted to
retail warehouse facilities does not exceed 7,900 m2.
(b)
outdoor display of goods provided that any outdoor display of goods is ancillary to the
permitted retail warehouse and is not located more than 6.0 m from the main wall of
the building in which the retail warehouse use is located.
(c)
for the purpose of this Section, in the case of a retail warehouse use solely devoted to
furniture and appliance sales, the minimum required parking for the display area shall
be 1 parking space per 30 m2 of gross floor area.
(d)
any uses permitted in the "M1A" Prestige Industrial Zone, subject to the zone
provisions of Section 8A Subsection (ii) of By-law # 1784, as amended.
(4611-00)
Zoning By-law 1784
Section 7F - 4
(e)
Notwithstanding the uses permitted in the Prestige Industrial Zone, Section 8A, the
additional uses of a hotel and motel shall be permitted on lands identified as "Subject
Property" on Schedule "A-1" attached to and forming part of this By-law in accordance
with the following zone provisions.
(a)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum
40% of the lot area
(b)
FRONT YARD
Minimum Depth
7.5 m
(c)
REAR YARD
Minimum Depth
7.5 m
(d)
INTERIOR SIDE YARD
Minimum Width
7.5 m
(e)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(f)
LANDSCAPED OPEN SPACE
Minimum
10%
(g)
HEIGHT OF BUILDING
Minimum
2 Storeys
Maximum
6 Storeys
(f)
Unless otherwise provided herein, the provisions of Section 4 of By-law # 1784, as
amended, shall apply.
(g)
Notwithstanding any other provisions of this By-law, no building, or structure shall be
located on any sanitary sewer easement.
EXCEPTION 4 - 75 CONSUMERS DRIVE
(i)
USES PERMITTED
No person shall, within any "C2-S-RW-4" Zone, use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following uses,
namely:
NON-RESIDENTIAL USES
-
retail warehouse facility - entertainment
Any uses permitted in the "M1A" Prestige Industrial Zone, subject to the zone
provisions of Section 8A, Subsection (ii) of By-law 1784, as amended
(ii)
ZONE PROVISIONS
Notwithstanding the zone provisions outlined within a "C2-S-RW" Zone Section 7F (ii),
the following shall apply to the lands outlined on Schedule "A-1" attached to By-law #
4733-00, namely:
(a)
the total gross leasable area devoted to retail warehouse - entertainment
facilities shall not exceed 2,400 m2;
(4733-00)
Zoning By-law 1784
Section 7F - 5
(b)
the minimum required parking for the retail warehouse facility -
entertainment shall be 1 parking space per 19.75 m2 of gross leasable area;
and,
(c)
unless otherwise provided herein, the provisions of Section 4 of By-law #
1784, as amended, shall apply.
(iii)
DEFINITION
Notwithstanding Section 2 (Definitions) of By-law # 1784, the following definition shall
apply to the subject property:
"RETAIL WAREHOUSE - ENTERTAINMENT" means a building or part of a building
occupied by a single user having a minimum gross leasable floor area of 1,858 m2
that would not generally locate in a traditional commercial area. The principle use of
the "retail warehouse facility - entertainment" is for the sale of goods and wares such
as and similar to books, periodicals, recorded audio/visual materials, games, game
equipment, party supplies and sporting goods and wares.
EXCEPTION 5 - 1629 AND 1635 VICTORIA STREET EAST
(a)
Notwithstanding the non-residential uses permitted within a "C2-S-RW" Zone Section
7F (i)(a), the following additional uses shall be permitted on the lands outlined on
Schedule "A-1" attached to By-law # 4722-00, namely:
(i)
retail warehouse facility, subject to the zone provisions of Section 7F,
Subsection (ii) of By-law 1784, as amended, provided that the total gross
leasable area devoted to retail warehouse facilities does not exceed11,200
m2;
(ii)
outdoor display of goods provided that any outdoor display of goods is
ancillary to the permitted retail warehouse and is not located more than 6.0
m from the main wall of the building in which the retail warehouse use is
located; and
(iii)
any uses permitted in the "M1A" Prestige Industrial Zone, subject to the zone
provisions of Section 8A, Subsection (ii) of By-law 1784, as amended;
(b)
The minimum required parking for the retail warehouse facility shall be 1 parking
space per 19.75 m² of gross leasable area.
(c)
Unless otherwise provided herein, the provisions of Section 4 of By-law # 1784, as
amended, shall apply.
EXCEPTION 6 - 1751 VICTORIA STREET EAST
(a)
Notwithstanding the non-residential uses permitted within a "C2-S-RW" Zone Section
7F (i)(a), the following additional uses shall be permitted on the lands outlined on
Schedule "A-1" attached to By-law # 4729-00, namely:
(i)
Retail warehouse facility, subject to the zone provisions of Section 7F,
Subsection (ii) of By-law 1784, as amended, provided that the total gross
leasable area devoted to retail warehouse facilities does not exceed 11,200
m2;
(ii)
outdoor display of goods provided that any outdoor display of goods is
ancillary to the permitted retail warehouse and is not located more than 6.0
m from the main wall of the building in which the retail warehouse use is
located; and,
(4722-00)
(4729-00)
Zoning By-law 1784
Section 7F - 6
(iii)
any uses permitted in the "M1A" Prestige Industrial Zone, subject to the zone
provisions of Section 8A, Subsection (ii) of By-law 1784, as amended;
(b)
The minimum required parking for the retail warehouse facility shall be 1 parking
space per 19.75 m² of gross leasable area.
(c)
Unless otherwise provided herein, the provisions of Section 4 of By-law # 1784, as
amended, shall apply.
EXCEPTION 7 - 1400 VICTORIA STREET EAST
(a)
Notwithstanding the non-residential uses permitted within a "C2-S-RW" Zone Section
7F (i)(a), the following uses shall be permitted on the lands identified as the "Subject
Property" on Schedule "A-1" attached to By-law # 5498-04, namely:
(i)
retail warehouse facility', subject to the zone provisions of Section 7F,
Subsection (ii) of By-law 1784, as amended, provided that the total gross
leasable area devoted to retail warehouse facilities does not exceed 23,700
m2;
(ii)
outdoor display of goods provided that any outdoor display of goods is
ancillary to the permitted retail warehouse and is not located more than 6.0
m from the main wall of the building in which the retail warehouse use is
located; and,
(iii)
any uses permitted in the "M1A" Prestige Industrial Zone, subject to the zone
provisions of Section 8A, Subsection (ii) of By-law 1784, as amended.
(iv)
Repealed by By-law 5879-07
(b)
The minimum required parking for the retail warehouse facility shall be one parking
space per 19.75 m2 of gross leasable area.
(c)
Unless otherwise provided herein, the provisions of Section 4 of By-law # 1784, as
amended, shall apply.
EXCEPTION 8 - 1601 HOPKINS STREET
(a)
Notwithstanding the uses permitted within a "C2-S-RW" Zone Section 7F (i)(a), only
the following uses shall be permitted on the lands identified on Schedule "A-1" as 'H-
C2S-RW-8" attached to By-law # 5498-04, namely:
-
bank or financial institution
-
office
-
restaurant, without a drive through window
-
technical or commercial school
(b)
Unless otherwise provided herein, the provisions of Section 4 of By-law # 1784, as
amended, shall apply.
EXCEPTION 9 - PART OF LOT 23 BROKEN FRONT CONCESSION
(a)
Notwithstanding the uses permitted within a "C2-S-RW" Zone, the following additional
uses shall be permitted on the lands outlined on Schedule A-1 attached to By-law #
5880-07, namely:
(i)
a retail warehouse facility, located in a C2-S-RW-9 Zone category, west of
Hopkins Street, subject to the zone provisions of Section 7F, Subsection (ii)
of By-law # 1784, as amended, provided that the total gross leasable area
devoted to retail warehouse facilities does not exceed 24,250 m2;
(5498-04)
(5498-04)
(6776-13)
(5880-07)
(5844-06)
(5879-07)
Zoning By-law 1784
Section 7F - 7
(ii)
one retail warehouse facility with food sales", subject to the provisions of
Section 7F, Subsection (ii) of By-law # 1784, as amended, provided that the
total gross leasable area of the retail warehouse facility with food sales is a
minimum of 7,500 m2, wherein the gross leasable area related to food
products within a retail warehouse with food sales shall be a maximum of
5,000 m2, shall be permitted in a C2-S-RW-9 Zone category;
(iii)
outdoor display of goods provided that any outdoor display of goods is
ancillary to the permitted retail warehouse and is not located more than 6.0
m from the main wall of the building in which the retail warehouse use is
located;
(iv)
any use permitted in the "M1A" Prestige Industrial Zone, subject to the zone
provisions of Section 8A, Subsection (ii) of By-law # 1784, as amended;
(v)
Notwithstanding the uses permitted in the Prestige Industrial Zone, Section
8A, the additional uses of a hotel and motel shall be permitted in an "C2-S-
RW-9 Zone" in accordance with the following zone provisions:
(a)
ZONE PROVISIONS
(i)
LOT COVERAGE
Maximum
40% of the lot area
(ii)
FRONT YARD
Minimum Depth
7.5 m
(iii)
REAR YARD
Minimum Depth
7.5 m
(iv)
INTERIOR SIDE YARD
Minimum Width
7.5 m
(v)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(vi)
LANDSCAPED OPEN SPACE
Minimum
10%
(vii)
HEIGHT OF BUILDING
Minimum
2 Storeys
Maximum
6 Storeys
(viii)
NUMBER OF GUEST ROOMS
Minimum
80
(ix)
Unless otherwise provided herein, the provisions of Section
4 of By-law # 1784, as amended, shall apply.
Zoning By-law 1784
Section 7G - 1
Section 7G
Special Purpose Commercial - Commercial Node (C2-S-CN) Zone
No person shall use any lot or erect or alter or use any building or structure in any "C2-S-CN" Zone on
Schedule "A-1" annexed to By-law # 4183-98 except in accordance with the following uses and zone
provisions:
(i)
USES PERMITTED
-
personal service establishment
(ii)
ZONE PROVISIONS
(i)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(ii)
FRONTAGE
Minimum
20 m
(iii)
FRONT YARD
Minimum Depth
6.0 m
(iv)
REAR YARD
Minimum Depth
7.5 m
(v)
INTERIOR SIDE YARD
No interior side yard is required provided that if any building or structure is to be
erected, altered or used on a lot immediately adjoining a Residential or Development
Zone, an interior side yard shall be provided on the side adjoining such Residential or
Development Zone. Any such required side yard shall have a minimum width of 0.75 m.
(vi)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(vii)
HEIGHT OF BUILDING
Maximum
10.0 m
(viii)
PARKING, ACCESSORY BUILDINGS
In accordance with the provisions of Section 4 of By-law # 1784.
(ix)
OPEN STORAGE
The permitted uses and other operations incidental thereto, including storage of
goods, chattels and materials, shall be carried on within the confines of a building,
provided, however, that nothing herein shall be deemed to prevent the outside
parking of automobiles during normal business hours by the owner, tenants,
employees and customers.
(iii)
DEFINITIONS
Notwithstanding Section 2 (Definitions) of By-law # 1784, the following definition shall apply to
the subject property:
"PERSONAL SERVICE ESTABLISHMENT" means a building or a portion of a building used
to provide direct service to the public which shall include a medical office, a bank, a trust
company or similar financial institution, a drugless practitioner office, a law office, a real estate
office, a travel agency, a tailor shop, a barber shop, a beauty salon, a shoe repair, a dry
cleaning distribution station and a school of dance, art or music.
(5956-07)
(6776-13)
(4183-98)
Zoning By-law 1784
Section 7G - 2
(iv)
EXCEPTIONS
"C2-S-CN-1": EXCEPTION 1 - 113 AND 117 KENDALWOOD ROAD
No person shall use any lot or erect or alter or use any building or structure in any "C2-S-CN-
1" Zone on Schedule "A-1" annexed to By-law # 4808-01 except in accordance with the
following uses and zone provisions:
(i)
USES PERMITTED
RESIDENTIAL USES
-
one apartment dwelling unit within each structure located at 113 and 117
Kendalwood Road.
NON-RESIDENTIAL USES
A building or a portion of a building used to provide direct service to the public which
shall include:
-
bank
-
barber shop
-
beauty salon
-
dry cleaner's distribution station, and law office
-
office
-
school of dance, art or music
-
shoe repair
-
tailor shop
-
travel agency
-
trust company or similar financial institution
(ii)
ZONE PROVISIONS
(i)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(ii)
FRONTAGE
Minimum
20 m
(iii)
FRONT YARD
Minimum Depth
6.0 m
(iv)
REAR YARD
Minimum Depth
7.5 m
Where a rear yard abuts a residential zone, a 3.0 m landscape
strip shall be provided across the rear lot line.
(v)
INTERIOR SIDE YARD
No interior side yard is required provided that if any building or
structure is to be erected, altered or used on a lot immediately
adjoining a Residential or Development Zone, an interior side
yard shall be provided on the side adjoining such Residential
or Development Zone. Any such required side yard shall have
a minimum width of
3.0 m.
(vi)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(4808-01)
(5956-07)
(6776-13)
Zoning By-law 1784
Section 7G - 3
(vii)
HEIGHT OF BUILDING
Maximum
10.0 m
(viii)
PARKING, ACCESSORY BUILDINGS
In accordance with the provisions of Section 4 of By-law # 1784.
(ix)
OPEN STORAGE
The permitted uses and other operations incidental thereto, including
storage of goods, chattels and materials, shall be carried on within the
confines of a building, provided, however, that nothing herein shall be
deemed to prevent the outside parking of automobiles during normal
business hours by the owner, tenants, employees and customers.
(x)
Section 4(n)(c)(x) of By-law # 1784, as amended, shall not apply to the
subject properties as shown on Schedule A-1 annexed to By-law # 4808-01.
Zoning By-law 1784
Section 7H - 1
Section 7H
Central Commercial (C3) Zone
No person shall within any C3 Zone use any lot or erect, alter or use any building or structure for any
purpose except in accordance with the following uses and zone provisions:
(i)
USES PERMITTED
RESIDENTIAL
-
apartment dwellings (shall not be located on the first storey of a building or structure) in
conjunction with one or more of the following permitted non-residential uses:
NON-RESIDENTIAL
-
accessory uses, buildings and structures
-
artist or photographic studio
-
bakeshop or confectionary shop
-
bakeshop
-
banquet hall
-
clinic
-
commercial school
-
crisis centre
-
dry cleaners depot
-
eating establishment provided such use does not contain drive-thru service
-
financial institution
-
music or dance studio
-
office
-
office of a public agency
-
personal service establishment
-
pet grooming
-
photocopy store
-
place of entertainment
-
public service
-
recreational fitness facility
-
retail store
-
service or repair shop
-
uses permitted in an I* Institutional Zone
-
video or computer rental establishment
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
500 m2
(d)
LOT COVERAGE
Maximum
100% of the lot area
(e)
FRONT YARD
Minimum
2.5 m
Maximum
10 m
(5956-07)
(6776-13)
(6776-13)
Zoning By-law 1784
Section 7H - 2
(f)
REAR YARD
Minimum
13.5 m
(g)
INTERIOR SIDE YARD
Minimum
0 m
(h)
EXTERIOR SIDE YARD
Minimum
2.5 m
Maximum
10 m
(i)
BUILDING HEIGHT
Minimum
7.0 m
Maximum
20 m
(j)
PARKING
Repealed by By-law 6925-14
(iii)
EXCEPTIONS
C3-1: EXCEPTION 1
PART LOT 21, CONCESSION 1
WEST SIDE OF GLEN HILL DRIVE SOUTH
(a)
USES PERMITTED
No person shall within any C3-1 Zone use any lot or erect, alter or use any building or
structure except in accordance with one or more of the following uses:
-
all uses permitted in the C3 Zone
-
apartment dwelling house
-
long term care facility
(b)
ZONE PROVISIONS
No person shall within any C3-1 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(i)
LOT FRONTAGE
Minimum
70 m
(ii)
LOT COVERAGE
Maximum
50% of the lot area
(iii)
FRONT YARD
Minimum Depth
1.5 m
(iv)
INTERIOR SIDE YARD
Minimum Depth
4.5 m
(v)
REAR YARD
Minimum Depth
3 m
(vi)
LANDSCAPED OPEN SPACE
Minimum
35% of the lot area
(vii)
BUILDING HEIGHT
Minimum
4 storeys
Maximum
10 storeys
(6356-10)
(6600-12)
(6925-14)
(6925-14)
Zoning By-law 1784
Section 7H - 3
(viii)
NUMBER OF APARTMENT DWELLING UNITS
Maximum
80 units
(ix)
NUMBER OF LONG TERM CARE FACILITY
/LONG TERM CARE BEDS
Maximum
160 beds
(x)
PARKING AREA REQUIREMENTS
Notwithstanding the provisions of Section 4 General Provisions, subsection
(n) Parking Area Requirements of By-law # 1784, only the following parking
area requirements shall apply:
(a)
NUMBER OF PARKING SPACES
Apartment Dwelling House
Minimum
1.25 spaces for each
unit, plus 0.25 spaces
per unit allocated and
assigned for visitors
parking.
Long Term Care Facility
Minimum
0.25 spaces per bed
(b)
LOCATION OF PARKING SPACES
All yards provided that no part of any parking area, other than a
driveway, is located closer than 0.5 metres from any lot line.
Provided however, and notwithstanding the above, an underground
structure may be located within 0.0 meters of any lot line provided
further that any roof deck or finished top level of the parking
structure is completely below finished grade level.
(6925-14)
(6925-14)
Zoning By-Law 1784
Section 8 - 1
Section 8
Restricted Industrial (M1) Zone
No person shall hereafter use any land or erect or use a building or structure in a Restricted Industrial
(M1) Zone except in accordance with the following provisions:
(a)
USES PERMITTED
(i)
INDUSTRIAL
Any building for industrial or warehousing purposes except those which from their
nature or the materials used therein are under The Public Health Act or regulations
thereunder, declared to be a noxious trade, business, or manufacture and any open
storage use that is accessory to the industrial or warehousing use provided that such
open storage is restricted to the rear of the main building and not readily visible from
the front of the lot. Any use permitted under The Railway Act or any other Statute of
Ontario or Canada governing railway operations, including tracks, industrial spurs and
other railway facilities.
(ii)
COMMERCIAL
Offices incidental to industry, banks, restaurants, parking lots, public garages, a radio
or television transmission establishment.
(iii)
RECREATIONAL
Auditoriums, swimming pools, golf courses, or other recreational uses which may be
accessory and incidental to a commercial or manufacturing use.
(iv)
RESIDENTIAL
No residential uses shall be permitted except dwellings for a caretaker, watchman or
other similar person employed on the premises concerned and such person's family.
(b)
AREA REQUIREMENTS
No person shall within any Restricted Industrial (M1) Zone erect or use any buildings or
structures except in accordance with the provisions set out in Schedule "A".
(c)
EXCEPTIONS
Notwithstanding the uses permitted in the Restricted Industrial Zone as referred to in Section 8
(a)(i) of By-law 1784, the following additional use shall be permitted on the lands outlined on
Schedule "A-1" annexed to this By-law; namely: a truck transport terminal.
EXCEPTION 1: M1-1
2001 VICTORIA STREET EAST
(a)
In any M1-1 Zone, the minimum distance from the Greenbelt (G) Zone boundary to
any building shall be 1.0 m.
(1981-86)
(6171-09)
Zoning By-Law 1784
Section 8 - 2
EXCEPTION 2: M1-2
4680 GARRARD ROAD
1.
Defined Area
The lands located south of Conlin Road and west of Garrard Road and zoned M1-2
shall be subject to the provisions as hereinafter contained. Matters not specifically
dealt with in this By-law amendment shall be governed by the relevant provisions of
By-law #1784.
2.
Uses Permitted
Notwithstanding the uses permitted in the M1 Zone, in any M1-2 Zone, the following
additional uses shall be permitted:
-
warehouse distribution facility
3.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any M1-2 Zone,
the following provisions shall apply:
(a)
Rear Yard
Minimum Depth
7.5 m
(b)
Building Height
Maximum
15 m
(c)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an elevator
penthouse, mechanical room, stair tower, roof top access room and any
architectural features shall not exceed 6 metres.
(d)
Parking and Loading Requirements
(i)
Number of Parking Spaces
The minimum number of parking spaces shall be as follows:
Use or Purpose
Minimum Number of Parking
Spaces Required
- Warehouse Distribution
Facility
- Warehouse Facility
1 parking space per 50 m2 of gross
floor area up to 2800 m2 plus 1
additional parking space per 250
m2 of gross floor area of the
building in excess of 2,800 m2
(ii)
Location of Parking Spaces
-
Any parking area and parking spaces are permitted in all
yards.
-
Any parking area and parking spaces shall be setback a
minimum distance of 1.8 m from any main building, 3.0 m from
any street line and 1.0 m from any other lot line.
(7642-20)
Zoning By-Law 1784
Section 8 - 3
(iii)
Driveway Width
Maximum
12 m
(iv)
Aisle Width Serving Loading Area - Two Way
Maximum
12 m
(e)
Outside Storage
Notwithstanding the Industrial Uses Permitted in subsection 8(a)(i),
accessory open storage including any outside storage of vehicles including
commercial vehicles and motor vehicles and any trailers shall be permitted
in the rear yard and in the interior side yard provided that such open storage
and outside storage is not readily visible from the front yard.
4.
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall not apply to the
lands zoned M1-2 by this By-law amendment:
4(g)
Sight Triangles
4(m)
Ten Percent (%) of Every Lot
4(w)
Satellite Dishes
EXCEPTION 3: M1-3
NORTH - EAST CORNER OF CONLIN ROAD AND GARRARD ROAD
1.
DEFINED AREA
The lands located north of Conlin Road and east of Garrard Road and zoned M1-3
shall be subject to the provisions as hereinafter contained. Matters not specifically
dealt with in this By-law amendment shall be governed by the relevant provisions of
By-law #1784.
2.
USES PERMITTED
Notwithstanding the uses permitted in the M1 Zone, in any M1-3 Zone, the following
additional uses shall be permitted:
-
warehouse distribution facility
3.
ZONE PROVISIONS
Notwithstanding any zone provisions of this By-law to the contrary, in any M1-3 Zone,
the following provisions shall apply to the use of warehouse distribution facility:
(a)
Building Height
Maximum
35 m
(b)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an elevator
penthouse, mechanical room, stair tower, roof top access room and any
architectural features shall not exceed 6 metres.
(7730-21)
Zoning By-Law 1784
Section 8 - 4
(c)
Parking and Loading Requirements
(i)
Number of Parking Spaces
The minimum number of parking spaces required for a warehouse
distribution facility shall be as follows:
-
1 parking space per 50 m2 of gross floor area up to 2,800 m2
plus;
-
1 additional parking space per 250 m2 of gross floor area up to
100, 000 m2, plus;
-
1 parking space per 350 m2 of gross floor area of building in
excess of 100,000m2.
(ii)
Location of Parking Spaces
-
Any parking area and parking spaces are permitted in all
yards.
-
Any parking area and parking spaces shall be setback a
minimum distance of 1.8 m from any main building, 3.0 m from
any street line and 6.0 m from the east property line.
(iii)
Driveway Width
Maximum
12 m
Provided however that the maximum width for a driveway
intended primarily for a truck access to the site shall be
26.0 m measured at the street line.
(d)
Outside Storage
Notwithstanding the Industrial Uses Permitted in subsection 8(a)(i),
accessory outside storage including any outside storage of vehicles
including commercial vehicles and motor vehicles and any trailers shall be
permitted in the front yard, rear yard and in the interior side yard provided
that such outside storage is not readily visible from any street line.
(e)
Determination of Greenbelt (G) Zone Boundary
Notwithstanding the provisions of Section 3 Zones, subsection (b) Zone
Boundaries provision (iii) to the contrary, the boundaries of the G Zone shall
be as determined by the Central Lake Ontario Conservation Authority and
the Town of Whitby.
4.
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall not apply to the
lands zoned M1-3 by this By-law amendment:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
4A
4.5 Aisle Width Serving a Parking Area of a Non-Residential Use Article (a)
4A
5.4 Location of Loading Spaces article (c)
Zoning By-Law 1784
Section 8 - 5
EXCEPTION 4: M1-4
5355 & 5455 ASHBURN ROAD
1.
Defined Area
The lands generally located east of Ashburn Road, south of the future mid-block
arterial and zoned M1-4 shall be subject to the provisions hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
No person shall within any M1-4 Zone use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
-
all uses referred to in subsection 8(a)(i) of By-law #1784
-
ancillary retail sales
-
catering service establishment
-
commercial self storage warehouse
-
craft brewery
-
data centre
-
food preparation plant
-
heavy equipment sales and service
-
light manufacturing
-
office
-
outside storage
-
pharmaceutical production facility
-
research and development facility
-
technology industry
-
transport terminal
-
warehouse distribution facility
-
warehouse facility
-
wholesale distribution centre
3.
Zone Provisions
Notwithstanding the zone provisions outlined within the M1 Zone Section 8(b), the
following zone provisions shall apply to the lands zoned M1-4 and outlined on
Schedule "A-1" annexed to this By-law:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other provisions of
By-law #1784, and notwithstanding the obtaining of any severance by way of
a consent under the provisions of the Planning Act, R.S.O. 1990, C. P.13 as
amended from time to time, or the registration at any time of any
Condominium Declaration, a Plan of Subdivision, or conveyance with
respect to any portion of the said land, the land zoned M1-4 by this By-law
shall be considered to be one lot.
(b)
Lot Line Determination
The lot line abutting the future east-west arterial road shall be deemed the
front lot line and the lot line opposite the front lot line shall be deemed the
rear lot line. The lot line abutting Ashburn Road shall be deemed the exterior
side lot line. All other lot lines are deemed to be interior lot lines.
(c)
Front Yard Setback
Minimum Depth
10 m
(7730-21)
Zoning By-Law 1784
Section 8 - 6
(d)
Exterior Side Yard Setback
Minimum Width
10 m
(e)
Parking
(i)
Number of Parking Spaces
Notwithstanding the parking provisions of Section 4A of By-law
#1784, the following shall apply:
Industrial or Manufacturing
Establishment
1.0 space per 250m2
of gross floor area
(ii)
Location of Parking Spaces
Any parking area or parking spaces are permitted in all yards.
4.
Definitions
For the purpose of the interpretation of the various provisions set forth above, the
following definitions shall apply and where there is a conflict between the definitions
set forth hereunder and those set forth in Section 2 of By-law #1784, the following
definitions shall apply:
"Ancillary retail sales" means retail uses associated with but clearly subordinate to
a principal use.
"Commercial Self-Storage Facility" means a building or part of a building where
separate compartmentalized storage units are made available to the public and where
the public are permitted to access the building to place or remove their personal
property.
"Craft Brewery" means a building or part of a building where beverages are
prepared and offered for retail sale to the public for consumption on or off the site and
where the use is of a small-scale and may be associated with an eating
establishment.
"Food Preparation Plant" means a building or part of a building in which food
products are cooked, baked, mixed, packaged or otherwise prepared, for distribution
to wholesale or retail outlets.
"Heavy Equipment Sales and Service" means a building or part of a building where
new and/or used heavy equipment are kept for display and sale, and may include as
an accessory use the repair and service of heavy equipment, but shall not include a
contractor's yard.
"Light manufacturing" means a building or part of a building for the altering,
assembling, fabricating, processing, treating, or repairing of goods, wares,
merchandise, substances, articles, or products.
"Research and Development Facility" means a building or part of a building used
for carrying on investigation in the natural, physical or social sciences, which may
include engineering and product development, but not facilities for the manufacture or
sale of products.
"Technology Industry" means a use where advanced sophisticated devices,
especially in the field of electronics, computer, communication or aerospace
technologies are manufactured, assembled, packaged or warehoused.
Zoning By-Law 1784
Section 8 - 7
"Transport Terminal" means a premises use for transferring of goods involving the
loading and unloading of freight carrying trucks, trailers or transports and may include
the storing, parking, servicing and dispatching of such vehicles.
"Wholesale Distribution Centre" means a building or part of a building where
finished products are stored or kept in bulk for sale to retail establishments but shall
not include a retail store other than a sales outlet.
5.
Zone Provisions That Do Not Apply
The following provisions shall not apply to the lands zoned M1-4 by this By-law
amendment:
Schedule A - Lot Coverage
4A - 4.1(b) Location of Parking
4A 4.4 Driveway Width Serving Parking Area of a Non-Residential Use
4A 4.5 Aisle Width Serving a Parking Area of a Non Residential Use
By-Law 1784
Section 8A - 1
Section 8A
Prestige Industrial (M1A) Zone
(i)
USES PERMITTED
No person shall, within any M1A Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(a)
RESIDENTIAL USES
-
Prohibited
(b)
NON-RESIDENTIAL USES
-
auditorium, swimming pool or other recreational or educational use contained
within a building
-
bank or financial institution
-
commercial or technical school
-
family restaurant or restaurant
-
office building
-
parking lot
-
place of entertainment
-
plant for the assembly and/or manufacture of products within a wholly enclosed
structure
-
research and development facility
-
retail or wholesale outlet, including showroom and service shop, ancillary to a
manufacturing or warehouse use on the same lot provided that such retail or
wholesale outlet does not occupy more than 10% of the gross floor area of the
manufacturing or warehouse use to a maximum of 93 m2
-
warehouse for the storage of goods and materials within a wholly enclosed
structure except for a biomedical waste transfer, disposal or incineration facility
which includes pathological waste, infectious waste, hazardous waste and other
waste generated in health care facilities and laboratories that require special
handling
(ii)
ZONE PROVISIONS
No person shall, within any Prestige Industrial Zone (M1A), use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
LOT AREA
Minimum
0.4 ha
(b)
LOT COVERAGE
Maximum
60% of the lot area
(c)
FRONT YARD
Minimum Depth
9.0 m
(d)
REAR YARD
Minimum Depth
7.5 m
(e)
INTERIOR SIDE YARD
Minimum Width
3.0 m
(f)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(2235-87)
(6776-13)
(3525-94)
By-Law 1784
Section 8A - 2
(g)
HEIGHT OF BUILDING
Maximum
12 m
Provided that if any portion of a building is erected above a height of 12
m, such portion must be set back from the front, side or rear lot line, as
the case may be, in addition to the minimum front, side or rear yard
requirements of this By-law, a further distance of zero decimal three m
for each zero decimal six m by which such portion of the building is
erected above a height of 12 m.
(h)
USE OF FRONT AND EXTERIOR SIDE YARD
Maximum of 20% of the required parking for a particular lot may be
permitted in the front or exterior side yard and provided no portion of the
parking is no closer than 3.0 m to the front or exterior lot lines.
(i)
OUTSIDE USES PERMITTED
Save and except parking all permitted uses and other operations
incidental thereto including storage shall be carried on within the
confines of a building. A storage area with roof but without side walls
may be permitted up to the ground floor area of the building, provided
that such storage area shall be so located that it is not visible from any
public roadway.
(j)
PARKING, ACCESSORY BUILDINGS, ETC.
In accordance with Section 4 of By-law 1784.
(iii)
EXCEPTIONS
Exception 1: M1A-1
1505 Wentworth Street
(1)
Notwithstanding the uses permitted in the M1A Zone, in any M1A-1 Zone, the
following additional uses shall be permitted:
-
animal shelter
(2)
Notwithstanding the zone provisions of subsection 8A(ii)(h), 100% of the required
parking shall be permitted in the front yard and exterior side yard.
Exception 2: M1A-2
Part of Lot 19 and Part of The Road Allowance Between
Lots 18 and 19, Concession 1
Plan of Subdivision SW-2013-06
1.
Uses Permitted
No person shall within any M1A-2 Zone use any lot or erect, alter or use any building
or structure except in accordance with one or more of the following uses:
-
all uses permitted in the M1A Zone
-
hotel
2.
Zone Provisions
No person shall within any M1A-2 Zone, use any lot or erect, alter or use any building
or structure except in accordance with the zone provisions of the M1A Zone.
(6191-09)
(6893-14)
By-Law 1784
Section 8A - 3
3.
Holding Provision
(a)
No person shall use any lot or erect, alter or use any building or structure
within any H-M1A-2 Zone shown on Schedule "A-1" to this By-law except in
accordance with the following uses:
(i)
Existing uses at the date of the passing of this By-law
(b)
The "H" holding symbol prefixed to the M1A-2 Zone may be removed in
phases but shall not be removed by amendment to this By-law until the
following matters, as they pertain to any phase of development are satisfied
or fulfilled:
(i)
A Noise Impact Study prepared by a qualified acoustic engineer
has been submitted to the Region of Durham for review and
approval which assesses the potential impacts of the proposed land
uses on the adjacent sensitive land uses and recommends noise
attenuation measures in accordance with Ministry of the
Environment guidelines.
(ii)
The Consumers Drive extension has been constructed to Street 'A'
or in the alternative, a temporary means of access to Street 'A'
during regulatory flood conditions has been secured and
constructed which is capable of supporting emergency vehicles at
the time that construction of Street 'A' commences to the
satisfaction of the Central Lake Ontario Conservation Authority.
Exception 3: M1A-3
1801 Wentworth Street
1.
Uses Permitted
Notwithstanding the use provisions of subsection 12 (5-Q2) of this By-law to the
contrary, any lot or portion thereof located within an M1A-3 Zone may be used for all
the permitted uses specified in subsection 12 (5-Q2), plus the following additional
use:
-
waste transfer station for the handling of dental amalgam
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, any waste transfer
station for the handling of dental amalgam within an M1A-3 Zone, shall be established
in accordance with the following provisions:
(a)
Location of Waste Transfer Station
(i)
Any waste transfer station for the handling of dental amalgam shall
only be situated in the eastern most unit of the building situated at
1801 Wentworth Street as it existed at the date of the passing of
this By-law.
(ii)
Any waste transfer station for the handling of dental amalgam shall
be situated no further than 50 metres from the west street line of
Forbes Street.
(b)
Gross Floor Area Restriction
Any waste transfer station for the handling of dental amalgam shall occupy
no more than 840 square metres of gross floor area.
(7164-16)
By-Law 1784
Section 8A - 4
(c)
Zone Provisions that Do Not Apply
The provisions of subsection 12 (5-Q2), Zone Provision (j) Noxious Trade
shall not apply to any waste transfer station for the handling of dental
amalgam.
(d)
Definitions
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where there is a conflict
between the definitions set forth hereunder and those set forth in Section 2
of By-law # 1784 the following definitions shall apply.
"Waste" means a material licensed or included within a Certificate of
Approval issued by Federal, Provincial, or Regional Governments which is
not hazardous and not needed by the generator of that material, but does
not include a by-product of a manufacturing process that is used, unaltered,
in another manufacturing process.
"Waste Transfer Station" means a facility within an enclosed building
whose primary purpose is the collection and storage of waste for shipment,
and which may include limited sorting or preparation of that waste to
facilitate its shipment for final disposal or to a waste processing station, but
does not include salvage yards or scrap metal yards.
Exception 4: M1A-4
Part of Lot 21, Concession 1, Now RP 40R-9151 Part 2 to 4 and RP 40R-10187 Part 1, 2
1.
Defined Area
The lands located north of Consumers Drive, west of Thickson Road South and
zoned M1A-4 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law # 1784.
2.
Uses Permitted
No person shall within any M1A-4 Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
all uses permitted in the M1A Zone
-
new automobile sales dealership
-
automobile dealership complex
3.
Zone Provisions
a)
The zone provisions for any permitted prestige industrial use and any new
automobile sales dealership and automobile dealership complex within the
M1A-4 Zone shall be in accordance with the respective zone provisions and
definitions as those set out in Section 12 - Exceptions, subsection 16-A.
b)
Building and Structure Siting Prohibition
In addition to the zone provisions cited in (a) above and notwithstanding any
General Provisions to the contrary, within the M1A-4 Zone, no building or
structure may be located within 6 metres of the top of slope of the east bank
of the Corbett Creek identified as the line between Part 2 and Part 3 of Plan
40R-29408.
(7343-17)
By-Law 1784
Section 8A - 5
Exception 5: M1A-5
5360 Thickson Road North
1.
Defined Area
The lands located north of Conlin Road and west of Thickson Road North and zoned
M1A-5 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law #1784.
2.
Uses Permitted
No person shall within any M1A-5 Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
all uses permitted within the M1A Zone
-
warehouse distribution facility
3.
Zone Provisions
(a)
The zone provisions in an "M1A" Zone shall apply to the lands zoned M1A-5
save and except for 8A(ii)(h) Use of Front and Exterior Side Yard.
(b)
Parking and Loading
The Parking and Loading requirements of Section 4A shall apply to the lands
zoned M1A-5 save and except 4.1(b) Location of Parking.
(c)
Determination of Greenbelt (G) Zone Boundary
Notwithstanding the provisions of subsection 3(b)(iii) to the contrary, the
boundaries of the G Zone shall be as determined by the Central Lake
Ontario Conservation Authority and the Town of Whitby.
(d)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall not apply
to the lands zoned M1A-5 by this By-law.
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
Exception 6: M1A-6
Thickson Road North, South of Winchester Road East
1.
Defined Area
The lands located south of Winchester Road East and west of Thickson Road North
and zoned M1A-6 shall be subject to the provisions as hereinafter contained. Matters
not specifically dealt with in this By-law shall be governed by the relevant provisions
of By-law 1784.
2.
Uses Permitted
No person shall within any M1A-6 Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
all uses permitted within the M1A Zone
-
automobile sales establishment
(7524-19)
(7528-19)
By-Law 1784
Section 8A - 6
3.
Zone Provisions
(a)
The zone provisions in an "M1A" Zone shall apply to the lands zoned M1A-6
save and except for 8A(ii)(h) Use of Front and Exterior Side Yard
(b)
The Parking and Loading requirements of Section 4A shall apply to the lands
zoned M1A-6 save and except for 4.1 (b) Location of Parking
Exception 7: M1A-7
5295 Thickson Road North
1.
Defined Area
The lands located north of Conlin Road and east of Thickson Road North and zoned
M1A-7 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law #1784.
2.
Uses Permitted
No person shall within any M1A-7 Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
funeral establishment
3.
Zone Provisions
(a)
The zone provisions in a "M1A" Zone shall apply to the lands zoned M1A-7
(b)
Determination of Greenbelt (G) Zone Boundary
Notwithstanding the provisions of subsection 3(b)(iii) to the contrary, the
boundaries of the G Zone shall be as determined by the Central Lake
Ontario Conservation Authority and the Town of Whitby.
4.
Zone Provisions That Do Not Apply
The following provisions shall not apply to the lands zoned M1A-7 by this By-law
amendment:
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
Exception 8: M1A-8
5550 Baldwin Street South and portion of 145 Winchester Road West
1.
Defined Area
The land located west of Baldwin Street South and north of Highway 407 and zoned
M1A-8 shall be subject to the provisions hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law #1784.
2.
Uses Permitted
No person shall within any M1A-8 Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
ancillary retail sales
-
assembly hall
-
banquet hall
(7574-19)
(7886-22)
By-Law 1784
Section 8A - 7
-
business services including industrial supply, printing/graphic design
establishment and other similar services
-
catering service establishment
-
commercial school
-
communication facility
-
craft brewery
-
data centre
-
eating establishment
-
eating establishment, take-out
-
financial institution
-
food preparation plant
-
hotel
-
light manufacturing
-
office
-
personal service establishment
-
pharmaceutical production facility
-
place of entertainment
-
private stormwater management pond/facility
-
post-secondary educational facility
-
recreational club or facility
-
research and development facility
-
technology industry
The following uses are prohibited within the M1A-8 Zone:
-
automobile sales establishment
-
automobile service station
-
car wash
-
commercial self storage warehouse
-
elementary and secondary school
-
gas bar
-
outside storage
-
place of worship
-
public garage
-
retail store
-
salvage yard
-
warehouse facility
-
warehouse distribution centre
-
wholesale distribution centre
3.
Zone Provisions
No person shall within any M1A-8 Zone use any lot or erect, alter or use any building
or structure for any purpose except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other provisions of
By-law #1784, and notwithstanding the obtaining of any severance by way of
a consent under the provisions of the Planning Act, R.S.O. 1990, C. P.13 as
amended from time to time, or the registration at any time of any
Condominium Declaration, a Plan of Subdivision, or conveyance with
respect to any portion of the said land, the land zoned M1A-8 by this By-law
shall be considered to be one lot.
(b)
Lot Line Determination
The lot line abutting Baldwin Street South shall be deemed the front lot line
and the lot line opposite the front lot line shall be deemed the rear lot line.
The lot lines abutting Highway 407 and Finchingfield Drive shall be deemed
the exterior side lot lines. All other lot lines are deemed to be interior lot
lines.
By-Law 1784
Section 8A - 8
(c)
Front Yard
Minimum Depth
14m
(d)
Rear Yard
Minimum Depth
3.0m
(e)
Interior Side Yard
Minimum Width
3.0m
(f)
Exterior Side Yard
Minimum Width
3.0m
Notwithstanding the above, the exterior side yard adjacent to
Highway 407 shall be a minimum depth of 14m
(g)
Gross Floor Area Restrictions
(i)
The maximum gross floor area permitted for a personal service
establishment, eating establishment, takeout eating establishment
and financial institution shall be 500m2 per premise.
(ii)
The maximum aggregate number of personal service
establishment, eating establishment, takeout eating establishment
and financial institution uses shall be four such uses for the lands
zoned M1A-8.
(iii)
Ancillary retail sales associated with a light manufacturing use shall
be permitted to a maximum of 10 percent of the gross floor area of
the principal use. The ancillary retail sales area may be used for the
display and retail sale of products manufactured, fabricated,
processed or assembled on the premises provided that the floor
area devoted to ancillary retail sales shall not occupy more than
500m2 of gross floor area.
(iv)
The maximum gross floor area for ancillary retail sales associated
with all other uses shall be 250m2 per premise.
(h)
Height of Building
Maximum
8 storeys
(i)
Landscaped Open Space
Minimum
15%
(j)
Location of Parking and Loading
There shall be no parking or loading spaces in the front yard abutting
Baldwin Street South or the exterior side yard abutting Finchingfield Drive.
All required parking and loading shall be setback a minimum distance of
14m from both the Baldwin Street South streetline and the lot line adjacent
to Highway 407.
4.
Definitions
For the purpose of the interpretation of the various provisions set forth above, the
following definitions shall apply and where there is a conflict between the definitions
set forth hereunder and those set forth in Section 2 of By-law #1784, the following
definitions shall apply:
"Ancillary retail sales" means retail uses associated with but clearly subordinate to
a principal use.
By-Law 1784
Section 8A - 9
"Assembly Hall" means a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, fraternal or social
purposes, conferences, conventions and trade shows and may include ancillary
banquet facilities.
"Craft Brewery" means a building or part of a building where beverages are
prepared and offered for retail sale to the public for consumption on or off the site and
where the use is of a small-scale and may be associated with a eating establishment.
"Food Preparation Plant" means a building or part of a building in which food
products are cooked, baked, mixed, packaged or otherwise prepared, for distribution
to wholesale or retail outlets.
"Light manufacturing" means a building or part of a building for the altering,
assembling, fabricating, processing, treating, or repairing of goods, wares,
merchandise, substances, articles, or products.
"Outside Storage" means the storage or keeping of goods, inventory, materials,
machinery or equipment outside of any building or structure.
"Personal Service Establishment" means a building or part of a building, where
services are provided and administered to individuals and their personal needs and
where ancillary retail sales is permitted and include, but is not limited to, hair care,
esthetics, health and beauty treatment, dressmaking, tailoring, shoe shining and
repair, dry cleaner's distribution station and laundromat or similar uses, but shall not
include a body rub establishment.
"Place of Entertainment" means a building or part of a building intended for
recreational or entertainment uses, including a motion picture or other theatre, arena,
auditorium, public hall, bingo hall, billiard or pool room, bowling alley, paint ball, go
kart, parkour, rock climbing, gymnasium, escape room, axe throwing or similar such
uses, and where all such uses are contained within a fully enclosed structure.
"Recreational Club or Facility" means a building or part of a building where
recreation, sports and/or fitness activities are provided and shall include a private
club.
"Technology Industry" means a use where advanced sophisticated devices,
especially in the field of electronics, computer, communication or aerospace
technologies are manufactured, assembled, packaged or warehoused.
"Wholesale Distribution Centre" means a building or part of a building where
finished products are stored or kept in bulk for sale to retail establishments but shall
not include a retail store other than a sales outlet.
5.
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to the lands
zoned M1A-8 by this By-law:
4(g)
Sight Triangles
4(m)
Ten Percent (%) of Every Lot
4(w)
Satellite Dishes
Exception 9: M1A-9
South of Hwy #407, East of Baldwin Street South
1.
Defined Area
The lands generally located south of Highway #407 situated east of Baldwin Street
South and zoned M1A-9 shall be subject to the provisions hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the relevant
provisions of By-law #1784.
(7891-22)
By-Law 1784
Section 8A - 10
2.
Uses Permitted
No person shall within any M1A-9 Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
ancillary retail sales
-
assembly hall
-
banquet hall
-
business services including industrial supply, printing/graphic design
establishment and other similar services
-
catering service establishment
-
commercial school
-
communication facility
-
craft brewery
-
data centre
-
eating establishment
-
eating establishment, take-out
-
financial institution
-
food preparation plant
-
heavy equipment sales and service
-
hotel
-
light manufacturing
-
office
-
personal service establishment
-
pharmaceutical production facility
-
place of entertainment
-
private stormwater management pond/facility
-
recreational club or facility
-
research and development facility
-
technology industry
-
warehouse distribution facility
-
warehouse facility
-
wholesale distribution centre
The following uses are prohibited within the M1A-9 Zone:
-
automobile dealership complex
-
automobile sales establishment
-
automobile service station
-
car wash
-
commercial self storage warehouse
-
elementary and secondary school
-
gas bar
-
outside storage
-
place of worship
-
public garage
-
retail store
-
salvage yard
-
transport terminal
3.
Zone Provisions
No person shall within any M1A-9 Zone use any lot or erect, alter or use any building
or structure for any purpose except in accordance with the following provisions:
(i)
Lot Area
Minimum
0.4 ha
(ii)
Lot Coverage
Maximum
60% of the lot area
By-Law 1784
Section 8A - 11
(iii)
Landscaped Open Space
Minimum
10% of the lot area
(iv)
Front Yard
Minimum Depth
6.0 m
Maximum Depth
9.0 m
Notwithstanding the required setbacks, the setback required by the
Ministry of Transportation shall apply along any public street that is
subject to Ministry of Transportation corridor control.
(v)
Rear Yard
Minimum Depth
7.5 m
(vi)
Interior Side Yard
Minimum Width
3.0 m
(vii)
Exterior Side Yard
Minimum Width
6.0 m
(viii)
Height of Building
Maximum
8 storeys
(ix)
Gross Floor Area Restrictions
-
The maximum gross floor area permitted for a personal service
establishment, eating establishment, takeout eating
establishment and financial institution shall be 500m2 per
premise.
-
The maximum number of personal service establishment,
eating establishment, takeout eating establishment and
financial institution uses shall be four such uses for the lands
zoned M1A -9.
-
Ancillary retail sales associated with a light manufacturing use
shall be permitted to a maximum of 10 percent of the gross
floor area of the principal use. The ancillary retail sales area
may be used for the display and retail sale of products
manufactured, fabricated, processed or assembled on the
premises provided that the floor area devoted to ancillary retail
sales shall not occupy more than 500m2 of gross floor area.
-
The maximum gross floor area for ancillary retail sales
associated with all other industrial uses shall be 250m2 per
premise.
4.
Definitions
For the purpose of the interpretation of the various provisions set forth above, the
following definitions shall apply and where there is a conflict between the definitions
set forth hereunder and those set forth in Section 2 of By-law #1784, the following
definitions shall apply:
"Ancillary retail sales" means retail uses associated with but clearly subordinate to
a principal use.
By-Law 1784
Section 8A - 12
"Assembly Hall" means a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, fraternal or social
purposes, conferences, conventions and trade shows and may include ancillary
banquet facilities.
"Commercial Self-Storage Facility" means a building or part of a building where
separate compartmentalized storage units are made available to the public and where
the public are permitted to access the building to place or remove their personal
property.
"Craft Brewery" means a building or part of a building where beverages are
prepared and offered for retail sale to the public for consumption on or off the site and
where the use is of a small-scale and may be associated with an eating
establishment.
"Food Preparation Plant" means a building or part of a building in which food
products are cooked, baked, mixed, packaged or otherwise prepared, for distribution
to wholesale or retail outlets.
"Heavy Equipment Sales and Service" means a building or part of a building where
new and/or used heavy equipment are kept for display and sale, and may include as
an accessory use the repair and service of heavy equipment, but shall not include a
contractor's yard.
"Light manufacturing" means a building or part of a building for the altering,
assembling, fabricating, processing, treating, or repairing of goods, wares,
merchandise, substances, articles, or products.
"Personal Service Establishment" means a building or part of a building, where
services are provided and administered to individuals and their personal needs and
where ancillary retail sales is permitted and include, but is not limited to, hair care,
esthetics, health and beauty treatment, dressmaking, tailoring, shoe shining and
repair, dry cleaner's distribution station and laundromat or similar uses, but shall not
include a body rub establishment.
"Place of Entertainment" means a building or part of a building intended for
recreational or entertainment uses, including a motion picture or other theatre, arena,
auditorium, public hall, bingo hall, billiard or pool room, bowling alley, paint ball, go
kart, parkour, rock climbing, gymnasium, escape room, axe throwing or similar such
uses, and where all such uses are contained within a fully enclosed structure.
"Recreational Club or Facility" means a building or part of a building where
recreation, sports and/or fitness activities are provided and shall include a private
club.
"Research and Development Facility" means a building or part of a building used
for carrying on investigation in the natural, physical or social sciences, which may
include engineering and product development, but not facilities for the manufacture or
sale of products.
"Technology Industry" means a use where advanced sophisticated devices,
especially in the field of electronics, computer, communication or aerospace
technologies are manufactured, assembled, packaged or warehoused.
"Transport Terminal" means a premises use for transferring of goods involving the
loading and unloading of freight carrying trucks, trailers or transports and may include
the storing, parking, servicing and dispatching of such vehicles.
By-Law 1784
Section 8A - 13
"Wholesale Distribution Centre" means a building or part of a building where
finished products are stored or kept in bulk for sale to retail establishments but shall
not include a retail store other than a sales outlet.
5.
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to the lands
zoned M1A-9 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
Exception 10: M1A-10
South of Hwy #407, West of Baldwin Street South
1.
Defined Area
The lands generally located south of Highway #407 situated west of Baldwin Street
South and zoned M1A-10 shall be subject to the provisions hereinafter contained.
Matters not specifically dealt with in this By-law shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
No person shall within any M1A-10 Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
ancillary retail sales
-
assembly hall
-
banquet hall
-
business services including industrial supply, printing/graphic design
establishment and other similar services
-
commercial school
-
communication facility
-
data centre
-
eating establishment
-
eating establishment, take-out
-
financial institution
-
hotel
-
office
-
personal service establishment
-
pharmaceutical production facility
-
place of entertainment
-
private stormwater management pond/facility
-
recreational club or facility
-
research and development facility
-
technology industry
The following uses are prohibited within the M1A-10 Zone:
-
automobile dealership complex
-
automobile sales establishment
-
automobile service station
-
car wash
-
commercial self storage warehouse
-
elementary and secondary school
-
gas bar
-
outside storage
(7891-22)
By-Law 1784
Section 8A - 14
-
place of worship
-
public garage
-
retail store
-
salvage yard
-
transport terminal
-
warehouse distribution facility
-
warehouse facility
-
wholesale distribution centre
3.
Zone Provisions
No person shall within any M1A-10 Zone use any lot or erect, alter or use any building
or structure for any purpose except in accordance with the following provisions:
(a)
Lot Area
Minimum
0.4 ha
(b)
Lot Coverage
Maximum
60% of the lot area
(c)
Landscaped Open Space
Minimum
10% of the lot area
(d)
Front Yard
Minimum Depth
6.0 m
Maximum Depth
9.0 m
Notwithstanding the required setbacks, the setback required by the Ministry
of Transportation shall apply along any public street that is subject to
Ministry of Transportation corridor control.
(e)
Rear Yard
Minimum Depth
7.5 m
(f)
Interior Side Yard
Minimum Width
3.0 m
(g)
Exterior Side Yard
Minimum Width
6.0 m
(h)
Height of Building
Maximum
8 storeys
(i)
Gross Floor Area Restrictions
(i)
The maximum gross floor area permitted for a personal service
establishment, eating establishment, takeout eating establishment
and financial institution shall be 500m2 per premise.
(ii)
The maximum number of personal service establishment, eating
establishment, takeout eating establishment and financial institution
uses shall be four such uses for the lands zoned M1A -10.
(iii)
The maximum gross floor area for ancillary retail sales associated
with other industrial uses shall be 250m2 per premise.
By-Law 1784
Section 8A - 15
4.
Definitions
For the purpose of the interpretation of the various provisions set forth above, the
following definitions shall apply and where there is a conflict between the definitions
set forth hereunder and those set forth in Section 2 of By-law #1784, the following
definitions shall apply:
"Ancillary retail sales" means retail uses associated with but clearly subordinate to
a principal use.
"Assembly Hall" means a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, fraternal or social
purposes, conferences, conventions and trade shows and may include ancillary
banquet facilities.
"Commercial Self-Storage Facility" means a building or part of a building where
separate compartmentalized storage units are made available to the public and where
the public are permitted to access the building to place or remove their personal
property.
"Personal Service Establishment" means a building or part of a building, where
services are provided and administered to individuals and their personal needs and
where ancillary retail sales is permitted and include, but is not limited to, hair care,
esthetics, health and beauty treatment, dressmaking, tailoring, shoe shining and
repair, dry cleaner's distribution station and laundromat or similar uses, but shall not
include a body rub establishment.
"Place of Entertainment" means a building or part of a building intended for
recreational or entertainment uses, including a motion picture or other theatre, arena,
auditorium, public hall, bingo hall, billiard or pool room, bowling alley, paint ball, go
kart, parkour, rock climbing, gymnasium, escape room, axe throwing or similar such
uses, and where all such uses are contained within a fully enclosed structure.
"Recreational Club or Facility" means a building or part of a building where
recreation, sports and/or fitness activities are provided and shall include a private
club.
"Research and Development Facility" means a building or part of a building used
for carrying on investigation in the natural, physical or social sciences, which may
include engineering and product development, but not facilities for the manufacture or
sale of products.
"Technology Industry" means a use where advanced sophisticated devices,
especially in the field of electronics, computer, communication or aerospace
technologies are manufactured, assembled, packaged or warehoused.
"Transport Terminal" means a premises use for transferring of goods involving the
loading and unloading of freight carrying trucks, trailers or transports and may include
the storing, parking, servicing and dispatching of such vehicles.
"Wholesale Distribution Centre" means a building or part of a building where
finished products are stored or kept in bulk for sale to retail establishments but shall
not include a retail store other than a sales outlet.
5.
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to the lands
zoned M1A-10 by this By-law:
4(g) Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
By-Law 1784
Section 8A - 16
Exception 11: M1A-11
Plan of Subdivision SW-2019-01
Vista Court
1.
Defined Area
The land located south of Roybrook Avenue and north of Highway #407 and zoned
M1A-11 shall be subject to the provisions hereinafter contained. Matters not
specifically dealt with in the By-law amendment shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
No person shall within any M1A-11 Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
ancillary retail sales
-
assembly hall
-
banquet hall
-
business services including industrial supply, printing/graphic design
establishment and other similar services
-
catering service establishment
-
commercial school
-
communication facility
-
craft brewery
-
data centre
-
eating establishment
-
eating establishment, take-out
-
financial institution
-
food preparation plant
-
hotel
-
light manufacturing
-
office
-
personal service establishment
-
pharmaceutical production facility
-
place of entertainment
-
private stormwater management pond/facility
-
post-secondary educational facility
-
recreational club or facility
-
research and development facility
-
technology industry
The following uses are prohibited within the M1A-11 Zone:
-
automobile dealership complex
-
automobile sales establishment
-
automobile service station
-
car wash
-
commercial self storage warehouse
-
elementary and secondary school
-
gas bar
-
outside storage
-
place of worship
-
private school
-
public garage
-
retail store
-
salvage yard
-
warehouse facility
-
warehouse distribution centre
-
wholesale distribution centre
(7907-22)
By-Law 1784
Section 8A - 17
3.
Zone Provisions
No person shall within any M1A-11 Zone use any lot or erect, alter or use any building
or structure for any purpose except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other provisions of
By-law #1784 and notwithstanding the obtaining of any severance by way of
a consent under the provisions of the Planning Act, R.S.O. 1990, C. P.13 as
amended from time to time, or the registration at any time of any
Condominium Declaration, a Plan of Subdivision, or conveyance with
respect to any portion of the said land, the land zoned M1A-11 by this By-
law shall be considered to be one lot.
(b)
Lot Line Determination
The lot line abutting Roybrook Avenue shall be deemed the front lot line and
the lot line opposite the front lot line shall be deemed the rear lot line. The lot
lines abutting Baldwin Street South and Vista Court shall be deemed exterior
side lot lines. All other lot lines are deemed to be interior side lot lines.
(c)
Landscaped Open Space
Minimum
15% of the lot area
(d)
Front Yard
Minimum Depth
3.0 m
Maximum Depth
6.0 m
(e)
Rear Yard
Minimum Depth
14.0 m
(f)
Interior Side Yard
Minimum Width
3.0 m
(g)
Exterior Side Yard
Minimum Width
3.0 m
Notwithstanding the above yard provisions, the minimum side
yard width adjacent to Baldwin Street South shall be
14 m
(h)
Height of Buildings
Maximum
8 storeys
(i)
Location of Parking
There shall be no parking or loading in the front yard or exterior side yards.
All required parking and loading shall be setback a minimum distance of 14
m from both the Baldwin Street South street line and the lot line adjacent to
Highway # 407.
(j)
Gross Floor Area Restrictions
(i)
The maximum gross floor area permitted for a personal service
establishment, eating establishment, takeout eating establishment
and financial institution shall be 500m2 per premise.
By-Law 1784
Section 8A - 18
(ii)
The maximum number of personal service establishment, eating
establishment, takeout eating establishment and financial institution
uses shall be four such uses for the lands zoned M1A-11.
(iii)
Ancillary retail sales associated with light manufacturing shall be
permitted to a maximum of 10 percent of the gross floor area of the
principal use. The ancillary retail sales area may be used for the
display and retail sale of products manufactured, fabricated,
processed or assembled on the premises provided that the floor
area devoted to ancillary retail sales shall not occupy more than
500m2 of gross floor area.
(iv)
The maximum gross floor area for ancillary retail sales associated
with all other uses shall be 250m2 per premise.
4.
Definitions
For the purpose of the interpretation of the various provisions set forth above, the
following definitions shall apply and where there is a conflict between the definitions
set forth hereunder and those set forth in Section 2 of By-law #1784, the following
definitions shall apply:
"Ancillary retail sales" means retail uses associated with but clearly subordinate to
a principal use.
"Assembly Hall" means a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, fraternal or social
purposes, conferences, conventions and trade shows and may include ancillary
banquet facilities.
"Craft Brewery" means a building or part of a building where beverages are
prepared and offered for retail sale to the public for consumption on or off the site and
where the use is of a small-scale and may be associated with an eating
establishment.
"Food Preparation Plant" means a building or part of a building in which food
products are cooked, baked, mixed, packaged or otherwise prepared, for distribution
to wholesale or retail outlets.
"Light manufacturing" means a building or part of a building for the altering,
assembling, fabricating, processing, treating, or repairing of goods, wares,
merchandise, substances, articles, or products.
"Personal Service Establishment" means a building or part of a building, where
services are provided and administered to individuals and their personal needs and
where ancillary retail sales is permitted and include, but is not limited to, hair care,
esthetics, health and beauty treatment, dressmaking, tailoring, shoe shining and
repair, dry cleaner's distribution station and laundromat or similar uses, but shall not
include a body rub establishment.
"Place of Entertainment" means a building or part of a building intended for
recreational or entertainment uses, including a motion picture or other theatre, arena,
auditorium, public hall, bingo hall, billiard or pool room, bowling alley, paint ball, go
kart, parkour, rock climbing, gymnasium, escape room, axe throwing or similar such
uses, and where all such uses are contained within a fully enclosed structure.
"Recreational Club or Facility" means a building or part of a building where
recreation, sports and/or fitness activities are provided and shall include a private
club.
By-Law 1784
Section 8A - 19
"Technology Industry" means a use where advanced sophisticated devices,
especially in the field of electronics, computer, communication or aerospace
technologies are manufactured, assembled, packaged or warehoused.
"Wholesale Distribution Centre" means a building or part of a building where
finished products are stored or kept in bulk for sale to retail establishments but shall
not include a retail store other than a sales outlet.
5.
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to the lands
zoned M1A-11 by this By-law amendment:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
Exception 12: M1A-12
1621 McEwen Drive
1.
Defined Area
The lands located on the south side of McEwen Drive and west of Forbes Street and
zoned M1A-12 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law #1784.
2.
Uses Permitted
Notwithstanding the uses permitted in the M1A Zone, in any M1A-12 Zone, the
following additional use shall also be permitted:
-
Hydrolysis Facility
3.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, any Hydrolysis
Facility within an M1A-12 Zone, shall be established in accordance with the following
provisions:
a)
Any Hydrolysis Facility shall only be situated within Unit No. 1 of Building A being
the most north easterly unit in Building A as it existed at the date of the passing
of this By-law amendment.
b)
The Hydrolysis Facility shall not include a funeral home or funeral home services.
4.
Definitions
For the purpose of the interpretation of the various zone provisions set forth above,
the following definition shall apply and where there is a conflict between the
definitions set forth hereunder and those set forth in Section 2 of By-law #1784 the
following definition shall apply:
"Hydrolysis Facility" means a building or part of a building used for the cremation of
human remains by an aquamation process that uses heated water and alkali for the
decomposition process instead of a flame-based process and includes everything
incidental or ancillary thereto.
(7989-23)
By-Law 1784
Section 8A - 20
Exception 13: M1A-13
Part of Lots 18 and 19, Concession 1
Plan of Subdivision SW-2013-06
1.
Defined Area
The land located north of Stellar Drive, east of Thickson Road South and zoned M1A-
13 shall be subject to the provisions as hereinafter contained. Matters not specifically
dealt with in this By-law shall be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any M1A-13 Zone use any lot or erect, alter or use any building
or structure except in accordance with one or more of the following uses:
-
all uses permitted in the M1A Zone
-
automobile sales establishment
-
warehouse distribution facility
-
hotel
Provided that no more than one automobile sales establishment shall be permitted
situated no further than 220m from the westerly limit of the subject land.
3.
Zone Provisions
Notwithstanding any zone provisions of the By-law to the contrary, in any M1A-13
Zone, the following provisions shall apply:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other provisions of
By-law #1784, and notwithstanding the obtaining of any severance by way of
a consent under the provisions of the Planning Act, R.S.O. 1990, C. P. 13 as
amended from time to time, or the registration at any time of any
Condominium Declaration, a Plan of Subdivision, or conveyance with
respect to any portion of the said land, the land zoned M1A-13 by this By-
law shall be considered to be one lot.
(b)
Building Height
Maximum
15 m
(c)
Parking Requirements
(i)
Number of Parking Spaces
The minimum number of parking spaces shall be as follows:
Use or Purpose
Minimum Number of Parking Spaces
Required
-
Warehouse Distribution
Facility
-
Warehouse Facility
1 parking space per 50m2 of gross floor
area up to 2,800m2 plus 1 additional
parking space per 250m2 of gross floor
area in excess of 2,800m2
(ii)
Location of Parking Spaces
-
Any parking area and parking spaces are permitted in all
yards.
-
Any parking area and parking spaces shall be setback a
minimum of 3.0m from the Stellar Drive Street line.
(8151-25)
By-Law 1784
Section 8A - 21
(iii)
Driveway Width
-
Maximum
12 m
-
Provided however that the maximum width for
a driveway intended primarily for a truck
access to the site shall be 26.0 m measured at
the street line.
(d)
Outside Storage
Notwithstanding any zone provisions to the contrary, the parking and storing
of commercial vehicles, motor vehicles and any trailers associated with a
permitted use shall be permitted in the rear yard provided that such outside
storage is not readily visible from any street line.
4.
Zone Provisions That Do Not Apply
The following provisions shall not apply to the lands zoned M1A-13 by this By-law
amendment:
4(m)
Ten Percent (%) of Every Lot
4(w)
Satellite Dishes
4A(4.4) Driveway Width Serving a Parking Area of a Non-Residential Use
4A(4.5) Aisle Width Serving a Parking Area of a Non-Residential Use
Zoning By-Law 1784
Section 8A1 - 1
Section 8A1
Brooklin Secondary Plan - Industrial (M1-BP) Zone
Repealed by By-law Amendment 7884-22
Zoning By-Law 1784
Section 8B - 1
Section 8B
Prestige Industrial - Business Park (M1A-LS) Zone
(a)
USES PERMITTED
No person shall, within any 'M1A-LS' Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses, namely:
(1)
RESIDENTIAL USES
-
Prohibited
(2)
NON-RESIDENTIAL USES
-
assembly, processing, office or research and development facility, located within
the same lot
-
commercial or technical school
-
light manufacturing, assembly or processing of goods within a wholly enclosed
building
-
office ancillary to a permitted non-residential use
-
office building
-
parking lot
-
public use in accordance with Section 4(a) of By-law # 1784
-
research and development facility
-
retail or wholesale outlet, including showroom and service shop, ancillary to a
manufacturing or warehouse use on the same lot provided that such retail or
wholesale outlet does not occupy more than 10% of the ground floor area of the
manufacturing or warehouse use to a maximum of 93 m2
-
warehouse for the storage of goods and materials within a wholly enclosed
structure and incidental to a permitted manufacturing
Permitted uses listed herein shall not include a facility for the purpose of processing,
warehousing, transfer, disposal or incineration of biomedical, pathological, infectious,
hazardous, toxic, industrial, commercial, institutional or domestic waste.
(b)
ZONE PROVISIONS
No person shall, within any Prestige Industrial Zone 'M1A-LS', use any lot or erect, alter or use
any building or structure except in accordance with the following provisions:
(1)
LOT AREA
Minimum
1.0 ha
(2)
LOT COVERAGE
Maximum
50% of the lot area
(3)
LANDSCAPED OPEN SPACE
Minimum
20% of the lot area
(4)
FRONT YARD
Minimum Depth
9.0 m
(5)
REAR YARD
Minimum Depth
7.5 m
(6)
INTERIOR SIDE YARD
Minimum Width
3.0 m
(5956-07)
(6776-13)
(6776-13)
Zoning By-Law 1784
Section 8B - 2
(7)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(8)
HEIGHT OF BUILDING
Maximum
12 m
Provided that if any portion of a building is erected above a height of 12 m, such
portion must be set back from the front, side or rear lot line, as the case may be, in
addition to the minimum front, side or rear yard requirements of this By-law, a further
distance of 0.3 m for each 0.6 m by which such portion of the building is erected
above a height of 12 m.
(9)
PARKING
Repealed by By-law 6925-14
(10)
ADDITIONAL SETBACK
Repealed by By-law 4864-01
(6925-14)
(4864-01)
Zoning By-Law 1784
Section 8C - 1
Section 8C
Prestige Industrial - Automobile Complex (M1A-AC) Zone
EXCEPTIONS
M1A-AC-1: EXCEPTION 1
PART OF LOT 18, CONCESSION 1
2000 CHAMPLAIN AVENUE
(a)
Prestige Industrial - Auto Complex 'M1A-AC-1' Zone
(i)
USES PERMITTED
(a)
Any use permitted within the Prestige Industrial 'M1A' Zone provided that
where automobile dealership has been located within a 'Block' in the 'M1A-
AC-1' Zone, the lands shall only be used for the purpose of automobile
dealerships.
(b)
automobile complex.
(ii)
ZONE PROVISIONS
PRESTIGE INDUSTRIAL USES
The zone provisions for any permitted industrial use shall be in accordance with the
zone provisions of the M1A Zone, Section 8A of By-law # 1784.
AUTOMOBILE COMPLEX
(a)
BLOCK AREA
Minimum
3.0 Hectares
(b)
LOT AREA
Minimum For Each Automobile Dealership
0.8 Hectares
(c)
YARDS
Interior or Rear Yards
Minimum
7.5 m
Front Yards
Minimum
5.0 m
Maximum
40 m
(d)
GROSS FLOOR AREA PER AUTOMOBILE DEALERSHIP
Minimum
1,000 m2
(e)
LOT COVERAGE
Maximum
35%
(f)
LANDSCAPED OPEN SPACE
Minimum
10%
(5956-07)
(4528-99)
(5956-07)
(6600-12)
Zoning By-Law 1784
Section 8C - 2
(g)
AUTOMOBILE DEALERSHIP PER LOT
The minimum number of automobile dealerships per lot shall be three (3).
However, notwithstanding this provision, the minimum number of automobile
dealerships that can be provided at any one time shall be two (2) provided
that a minimum area within the lot of at least 0.8 hectares is maintained
without any building, structure or parking lot.
(h)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(iii)
Notwithstanding the permitted uses in Section 8C(a), the following additional uses
shall be permitted:
-
automobile service centre;
-
automobile service compound that is subordinate and directly related to a
permitted use in an automobile service centre and provided that such compound
is set back 3.0 m from any lot line, is screened by an acoustical fence on any
side of the compound area adjacent to a property occupied by a hotel or motel.
(iv)
Repealed by By-law 6600-12
(v)
Repealed by By-law 6600-12
(vi)
Notwithstanding the zone and use provision for an Automobile Dealership Complex,
the minimum lot area associated with each dealership may be reduced to 0.5
hectares where an on-site common vehicle compound is provided for the dealership.
(vii)
DEFINITIONS
In applying the provisions of Zoning By-law #4528-99, the following definitions set
forth shall apply and where there is a conflict between such definitions and definitions
set forth elsewhere in By-law # 1784, as amended, the following shall govern:
(a)
"AUTOMOBILE DEALERSHIP COMPLEX" shall be composed of a
minimum of three (3) building sites on a lot for the development and use of
new automobile or motor vehicle sales establishments. Each dealership
shall have a minimum lot area of 0.8 hectares and/or three (3) contiguous
lots served by a common internal roadway and where each lot has a
minimum lot area of 0.8 hectares.
(b)
"BLOCK" means a lot, or a portion of a lot, having minimum area of 3.0
hectares which can accommodate at least three (3) new automobile or motor
vehicle sales establishments having a minimum area of 0.8 hectares per
dealership and/or three (3) contiguous lots served by common internal
roadways and where each lot has a minimum area of 0.8 hectares.
(c)
"AUTOMOBILE SERVICE CENTRE" means a building or structure
comprised of one or more of the following uses: a public garage; automobile
service shop; an automobile collision centre; and a motor vehicle rental
agency.
(d)
"AUTOMOBILE SERVICE COMPOUND" means a vehicle storage area
associated with a public garage, where each vehicle is temporarily parked
on the ground. Such use shall, notwithstanding any other provision of this
By-law, be located any closer than 100 m from the front yard or 3.0 m from
any other property or greenbelt zone and shall not have an area exceeding
4,000 m2.
(6600-12)
(6600-12)
(6600-12)
(6600-12)
Zoning By-Law 1784
Section 8C - 3
M1A-AC-2: EXCEPTION 2
NORTHEAST CORNER OF CONSUMERS DRIVE AND SUNRAY STREET
5 SUNRAY STREET
(i)
USES PERMITTED
-
any use permitted within the Prestige Industrial 'M1A' Zone.
-
automobile dealership complex.
(ii)
ZONE PROVISIONS
PRESTIGE INDUSTRIAL USES
The zone provisions for any permitted industrial use shall be in accordance with the zone
provisions of the M1A Zone, Section 8A of By-law # 1784.
AUTOMOBILE DEALERSHIP COMPLEX
(a)
LOT AREA
Minimum
3.0 ha
(b)
LOT AREA PER NEW AUTOMOBILE SALES DEALERSHIP
Minimum
0.8 ha
(c)
YARDS
Minimum
Interior Side Yard
7.5 m
Exterior Side Yard
7.5 m
Rear Yard
7.5 m
Front Yard
Minimum
5.0 m
Maximum
40 m
(d)
GROSS FLOOR AREA PER NEW AUTOMOBILE SALES
DEALERSHIP
Minimum
1,000 m2
(e)
LOT COVERAGE
35%
(f)
LANDSCAPED OPEN SPACE
Minimum
10%
(g)
NEW AUTOMOBILE SALES DEALERSHIPS PER LOT
The minimum number of new automobile sales dealerships per lot shall be two (2).
However, notwithstanding this provision, the minimum number of new automobile
sales dealerships that can be provided at any one time shall be one (1) provided that
a minimum area within the lot of at least 0.8 hectares is maintained for a future new
automobile sales dealership.
(h)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(iii)
Notwithstanding any other provisions for an Automobile Dealership Complex, the minimum lot
area associated with each dealership may be reduced to 0.5 hectares where an on-site
common vehicle compound is provided for the dealership.
(5956-07)
Zoning By-Law 1784
Section 8C - 4
M1A-AC-3: EXCEPTION 3
SOUTH OF HWY #407, EAST OF BALDWIN STREET SOUTH
1.
Defined Area
The lands generally located south of Highway #407 and east of Baldwin Street South and
zoned M1A-AC-3 shall be subject to the provisions hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of By-law
#1784.
2.
Uses Permitted
No person shall within any M1A-AC-3 Zone use any lot or erect, alter or use any building or
structure for any purpose except in accordance with one or more of the following uses:
-
all uses permitted are as per the M1A-9 Zone
-
automobile sales establishment
3.
Zone Provisions
No person shall within any M1A-AC-3 Zone use any lot or erect, alter or use any building or
structure for any purpose except in accordance with the following provisions:
(a)
Lot Area
Minimum
0.4 ha
(b)
Lot Coverage
Maximum
60% of the lot area
(c)
Landscaped Open Space
Minimum
10% of the lot area
(d)
Front Yard
Minimum Depth
6.0 m
Maximum Depth
9.0 m
Notwithstanding the required setbacks, the setback required by the Ministry of
Transportation shall apply along any public street that is subject to Ministry of
Transportation corridor control.
(e)
Rear Yard
Minimum Depth
7.5 m
Notwithstanding the required setbacks, the setback required by the Ministry of
Transportation shall apply along any public street that is subject to Ministry of
Transportation corridor control.
(f)
Interior Side Yard
Minimum Width
3.0 m
Notwithstanding the required setbacks, the setback required by the Ministry of
Transportation shall apply along any public street that is subject to Ministry of
Transportation corridor control.
(7891-22)
Zoning By-Law 1784
Section 8C - 5
(g)
Exterior Side Yard
Minimum Width
6.0 m
Notwithstanding the required setbacks, the setback required by the Ministry of
Transportation shall apply along any public street that is subject to Ministry of
Transportation corridor control.
(h)
Height of Building
Maximum
8 storeys
(i)
Gross Floor Area Restrictions
(i)
The maximum gross floor area permitted for a personal service
establishment, eating establishment, takeout eating establishment and
financial institution shall be 500m2 per premise.
(ii)
The maximum number of personal service establishment, eating
establishment, takeout eating establishment and financial institution uses
shall be four such uses for the lands zoned M1A -AC -3.
(iii)
Ancillary retail sales associated with a light manufacturing use shall be
permitted to a maximum of 10 percent of the gross floor area of the principal
use. The ancillary retail sales area may be used for the display and retail
sale of products manufactured, fabricated, processed or assembled on the
premises provided that the floor area devoted to ancillary retail sales shall
not occupy more than 500m2 of gross floor area.
(iv)
The maximum gross floor area for ancillary retail sales associated with all
other industrial uses shall be 250m2 per premise.
4.
Definitions
For the purpose of the interpretation of the various provisions set forth above, the following
definitions shall apply and where there is a conflict between the definitions set forth hereunder
and those set forth in Section 2 of By-law #1784, the following definitions shall apply:
"Ancillary retail sales" means retail uses associated with but clearly subordinate to a
principal use.
"Assembly Hall" means a building or part of a building in which facilities are provided for such
purposes as meetings for civic, educational, fraternal or social purposes, conferences,
conventions and trade shows and may include ancillary banquet facilities.
"Commercial Self-Storage Facility" means a building or part of a building where separate
compartmentalized storage units are made available to the public and where the public are
permitted to access the building to place or remove their personal property.
"Craft Brewery" means a building or part of a building where beverages are prepared and
offered for retail sale to the public for consumption on or off the site and where the use is of a
small-scale and may be associated with an eating establishment.
"Food Preparation Plant" means a building or part of a building in which food products are
cooked, baked, mixed, packaged or otherwise prepared, for distribution to wholesale or retail
outlets.
"Light manufacturing" means a building or part of a building for the altering, assembling,
fabricating, processing, treating, or repairing of goods, wares, merchandise, substances,
articles, or products.
Zoning By-Law 1784
Section 8C - 6
"Personal Service Establishment" means a building or part of a building, where services are
provided and administered to individuals and their personal needs and where ancillary retail
sales is permitted and include, but is not limited to, hair care, esthetics, health and beauty
treatment, dressmaking, tailoring, shoe shining and repair, dry cleaner's distribution station and
laundromat or similar uses, but shall not include a body rub establishment.
"Place of Entertainment" means a building or part of a building intended for recreational or
entertainment uses, including a motion picture or other theatre, arena, auditorium, public hall,
bingo hall, billiard or pool room, bowling alley, paint ball, go kart, parkour, rock climbing,
gymnasium, escape room, axe throwing or similar such uses, and where all such uses are
contained within a fully enclosed structure.
"Recreational Club or Facility" means a building or part of a building where recreation,
sports and/or fitness activities are provided and shall include a private club.
"Research and Development Facility" means a building or part of a building used for
carrying on investigation in the natural, physical or social sciences, which may include
engineering and product development, but not facilities for the manufacture or sale of products.
"Technology Industry" means a use where advanced sophisticated devices, especially in the
field of electronics, computer, communication or aerospace technologies are manufactured,
assembled, packaged or warehoused.
"Transport Terminal" means a premises use for transferring of goods involving the loading
and unloading of freight carrying trucks, trailers or transports and may include the storing,
parking, servicing and dispatching of such vehicles.
"Wholesale Distribution Centre" means a building or part of a building where finished
products are stored or kept in bulk for sale to retail establishments but shall not include a retail
store other than a sales outlet.
5.
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to the lands zoned
M1A-AC-3 by this By-law:
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
Zoning By-Law 1784
Section 8D - 1
Section 8D Prestige Industrial/Health Precinct (M1A/HP) Zone
1.
Defined Area
The land located west of Baldwin Street South, north of the Hydro One hydro corridor and
south of the new east - west Type B arterial road and zoned M1A/HP shall be subject to the
provisions hereinafter contained. Matters not specifically dealt with in this By-law shall be
governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any M1A/HP Zone use any lot or erect, alter or use any building or
structure for any purpose except in accordance with one or more of the following uses:
(a)
Prestige Industrial Uses
-
All uses either permitted or prohibited are as per the M1A-9 Zone.
(b)
Health Precinct Uses
-
clinic
-
commercial parking lot or structure
-
education training, meeting or conference facility related to health care
-
health care complex
-
laboratory
-
hospital
-
research and development facility
(c)
Accessory Uses
The following uses are permitted within a building that contains one or more of the
permitted uses in the Health Precinct.
-
accommodation facility related to healthcare
-
eating establishment
-
financial Institution
-
personal service establishment
-
pharmacy
-
retail store
3.
Zone Provisions
No person shall within any M1A/HP Zone use any lot or erect, alter, or use any building or
structure for any purpose except in accordance with the following provisions:
(a)
Prestige Industrial Uses
(i)
Lot Area
Minimum
0.4 ha
(ii)
Lot Coverage
Maximum
60% of the lot area
(iii)
Landscaped Open Space
Minimum
10% of the lot area
(7891-22)
Zoning By-Law 1784
Section 8D - 2
(iv)
Front Yard
Minimum Depth
6.0 m
Maximum Depth
9.0 m
Notwithstanding the required setbacks, the setback required by the Ministry
of Transportation shall apply along any public street that is subject to
Ministry of Transportation corridor control.
(v)
Rear Yard
Minimum Depth
7.5 m
(vi)
Interior Side Yard
Minimum Width
3.0 m
(vii)
Exterior Side Yard
Minimum Width
6.0 m
(viii)
Height of Building
Maximum
8 storeys
(ix)
Gross Floor Area Restrictions
(a)
The maximum gross floor area permitted for a personal service
establishment, eating establishment, takeout eating establishment
and financial institution shall be 500m2 per premise.
(b)
The maximum aggregate number of personal service
establishment, eating establishment, takeout eating establishment
and financial institution uses shall be four such uses for the lands
zoned M1A/HP.
(c)
Ancillary retail sales associated with a light manufacturing use shall
be permitted to a maximum of 10 percent of the gross floor area of
the principal use. The ancillary retail sales area may be used for the
display and retail sale of products manufactured, fabricated,
processed or assembled on the premises provided that the floor area
devoted to ancillary retail sales shall not occupy more than 500m2 of
gross floor area.
(d)
The maximum gross floor area for ancillary retail sales associated
with all other industrial uses shall be 250m2 per premise.
(b)
Health Precinct Uses
(i)
Front Yard
Minimum Depth
7.5 m
(ii)
Rear Yard
Minimum Depth
7.5 m
(iii)
Interior Side Yard
Minimum Width
7.5 m
(iv)
Exterior Side Yard
Minimum Width
7.5 m
(v)
Landscaped Open Space
15% of the lot area
Zoning By-Law 1784
Section 8D - 3
(vi)
Height of Building
Maximum
8 storeys
Provided however that the maximum building height for a public hospital
shall be 12 storeys
(vii)
Roof Top Appurtenances
The maximum height of any roof top appurtenance such as an elevator
penthouse, mechanical room/equipment, stair tower, roof top access room
and any architectural features shall not exceed 7 metres.
(viii)
Green Roof
-
A green roof shall be required on any building greater than 4 storeys in
height.
-
The minimum coverage of available roof spaces covered by the green
roof shall be 25% of the total available roof space excluding roof top
appurtenances such as an elevator penthouse, mechanical
room/equipment, stair tower, roof top access room, and any
architectural feature.
(ix)
Gross Floor Area Restrictions
-
The maximum gross floor area permitted for an eating establishment,
financial institution, personal service establishment and a retail store
shall be 250 m2 per premise.
-
The maximum aggregate number of eating establishment, financial
institution, personal service establishment and retail store uses shall be
4 such uses for lands zoned M1A/HP.
(x)
Parking Restrictions
-
The minimum parking requirements for a public hospital shall be
provided in accordance with the results of a Parking Study as required
by Section 4A of By-law #1784.
-
There shall be no parking or loading spaces in the front or exterior side
yards.
4.
Definitions
For the purpose of the interpretation of the various provisions set forth above, the following
definitions shall apply and where there is a conflict between the definitions set forth hereunder
and those set forth in Section 2 and subsection 14.1 of By-law #1784, the following definitions
shall apply:
"Accommodation Facility Related to Healthcare" means a room or suite of rooms for non-
profit, designed to provide temporary accommodation to person(s) attending health care
related uses.
"Commercial Parking Lot or Structure" means a building, part of a building or area of land
other than a street or lane, used for the temporary parking of motor vehicles for compensation,
but shall not include the storing of impounded, damaged or unlicensed motor vehicles or a
salvage yard. A commercial parking lot shall include ten or more parking spaces with parking
aisles and with principle access to a street.
Zoning By-Law 1784
Section 8D - 4
"Education Training, Meeting or Conference Facility Related to Healthcare" means a
building or part of a building used for instruction, training, workshops, seminars, meetings, or
other similar activities related to healthcare and may include accessory food preparation areas.
"Hospital" means any institution, building or other premises established and operated for the
treatment of persons afflicted with or suffering from sickness, disease or injury, or for the
treatment of convalescent or chronically ill persons that is approved in accordance with
Provincial legislation and may include educational research, laboratory and similar facilities
related to health care and may also include eating establishment, take-out eating
establishment, personal service establishment, retail store and similar uses associated with a
hospital.
"Laboratory" means a building used for scientific research, medication testing or
experimentation but not facilities for the manufacture or sale of products.
"Pharmacy" means a retail store in which prescription drugs are dispensed and in which non-
prescription medicines, health and beauty products, and associated sundry items may be sold.
"Research and Development Facility" means a building or part of a building used for
carrying on investigation in the natural, physical or social sciences, which may include
engineering and product development, but not facilities for the manufacture or sale of products.
5.
Zone Provisions That Do Not Apply
The following subsections of Section #4 General Provisions shall not apply to the lands zoned
M1A-9, M1A/HP and OS by this By-law amendment.
4(g)
Sight Triangles
4(m) Ten Percent (%) of Every Lot
4(w) Satellite Dishes
Zoning By-Law 1784
Section 9 - 1
Section 9
Open Storage Industrial (M2) Zone
No person shall hereafter use any land or erect or use a building or structure in an Open Storage
Industrial (M2) Zone except in accordance with the following provisions:
(a)
USES PERMITTED
(i)
OPEN STORAGE
Open Storage uses including salvage yards, wrecking yards and bulk storage yards.
(ii)
INDUSTRIAL
Any building for industrial or warehousing purposes except those which from their
nature or the materials used therein are under The Public Health Act or regulations
thereunder, declared to be a noxious trade, business, or manufacture. Any use
permitted under The Railway Act or any other Statute of Ontario or Canada governing
railway operations, including tracks, industrial spurs and other railway facilities.
(b)
AREA REQUIREMENTS
No person shall within an Open Storage Industrial (M2) Zone erect or use any buildings or
structures or use any land for open storage except in accordance with the provisions set out in
Schedule "A".
(c)
EXCEPTIONS
1.
4875 THICKSON ROAD NORTH, PART OF LOT 20, CONCESSION 4:
EXCEPTION 1
Notwithstanding any other provision of this By-law, the provisions in this Section shall
apply to those lands identified as the "Subject Property" on "Schedule A-1" attached
to and forming part of By-Law # 5996-07. All other provisions, unless specifically
modified/amended by this Section, continue to apply to the lands subject to this
Section
(i)
PERMITTED USES
The following additional uses are permitted:
-
industrial processing of brick/concrete products
-
landscape contractors yard and accessory sales, service, office and
showroom
-
storage of brick, concrete products, and related aggregates
-
storage of trucks, equipment and machinery related to a permitted use
(ii)
ZONE PROVISIONS
Open Storage Industrial 'M2-1' uses
Notwithstanding Schedule 'A' Zone Requirements Table of By-law 1784, as
amended, the following zone provisions shall apply to the lands shown as
the "Subject Property" attached to Schedule A-1 of By-law 5996-07.
(a)
NORTHERLY INTERIOR SIDE YARD SETBACK
For any Building or Structure, Open
Storage and/or Industrial Processing
Operation
Minimum
10 m
(5996-07)
Zoning By-Law 1784
Section 9 - 2
(b)
SOUTHERLY INTERIOR SIDE YARD
Minimum
7.5 m
(c)
FRONT YARD SETBACK
For any Open Storage of Finished Products
Minimum
3.0 m
For any Open Storage of Brick, Concrete Products
and Related Aggregates
Minimum
24 m
All other provisions of By-law # 1784, as amended, shall apply.
Zoning By-Law 1784
Section 10 - 1
Section 10
Greenbelt (G) Zone
Repealed by By-law 3454-94
No person shall use any land or erect or alter or use any building or structure in a Greenbelt (G) Zone
except in accordance with the following uses and zone provisions:
(a)
USES PERMITTED
(i)
conservation area within the jurisdiction of the Central Lake Ontario Conservation
Authority;
(ii)
farming;
(iii)
bird rehabilitation centre;
(iv)
any non-residential uses permitted in an Agricultural (A) Zone as outlined under
Section 11(a)(ii) subject to Section 10(c) and provided the use is in conformity with
Section 11(a)(ii);
(b)
ZONE PROVISIONS
No person shall erect or alter or use any building or structure within any Greenbelt (G) Zone
except in accordance with the provisions set out in Schedule "A" of this By-law.
(c)
FLOOD LAND OR LANDS WITHIN REGIONAL FLOOD
No goods or materials shall be stored and no buildings or structures other than for
conservation or flood control projects shall be permitted within the flood plain of any river,
stream or watercourse.
(d)
EXCEPTIONS
(a)
Notwithstanding the provisions of Section 10 of By-law 1784, the provisions of By-law
1784, as amended by the By-laws specified hereunder, shall continue to apply to the
lands designated in such by-laws, namely By-laws 1510-83 and 2621-89.
(b)
1 WAY STREET
Repealed by By-law 6507-11
(c)
Notwithstanding Section 10 of By-law # 1784, the following uses and zone provisions
shall apply as an exception to the Greenbelt Zone for the lands identified as "Subject
Property" on Schedule "A-2" annexed to By-law # 2805-90:
(i)
USES PERMITTED
-
one single family dwelling
-
accessory buildings
(ii)
ZONE PROVISIONS
(a)
No person shall use any portion of the "Subject Property" identified
on Schedule "A-2" annexed to By-law # 2805-90 for a single-family
dwelling and / or accessory building except within that area
delineated as "Building Envelope" on the said Schedule;
(b)
No person shall construct a new habitable structure within the area
delineated as "Building Envelope" on Schedule "A-2" annexed to
By-law # 2805-90, such that any opening of any kind is located
below the elevation of 158.9 metres Canadian Geodetic Datum.
(3333-93)
(2633-89)
(2805-90)
(2805-90)
(3454-94)
(6507-11)
Zoning By-Law 1784
Section 10 - 2
(c)
The respective zone provisions and other requirements of By-law #
1784 shall apply to any development or use of the "Subject
Property" shown on Schedule "A-2" annexed to By-law # 2805-90
and without limited the generality of the forgoing, the 'R2'
Residential provisions of Schedule "A" to By-law # 1784 shall apply.
(d)
Notwithstanding Section 10 of By-law 1784 and Section III of By-law # 2633-89 the
following shall be permitted as an Exception to the Greenbelt Zone on the property as
is specified on Schedule "A-10" annexed to By-law # 2633-89.
(1)
USES PERMITTED
(a)
NON-RESIDENTIAL USES
-
bank
-
custom workshop
-
office
-
place of entertainment
-
restaurant
-
retail store
-
service shop
-
shopping centre
-
studio
-
undertaking establishment
(b)
RESIDENTAIL USES
Dwellings in business buildings over stores or offices, of which
each dwelling unit shall have a minimum floor area of seventy
square metres (70 square metres) exclusive of public or common
hallways or stairways and the thickness of the outside walls.
(2)
ZONE PROVISIONS
In accordance with Section 6 and Schedule "A" to By-law 1784,
(a)
The maximum gross floor area for commercial use in the Greenbelt
Zone shall be 375 m2.
(b)
The maximum gross floor area for residential use in the Greenbelt
Zone shall be 410 m2.
(c)
Parking and loading requirements shall be provided in accordance
with Sections 4 (n) and (o) of By-law 1784.
EXCEPTION 1: (G-1)
5 WAY STREET
Notwithstanding any other provision of this By-law, the provisions in this Section shall apply to
those lands identified as the "Subject Property" on Schedule A-1 attached to and forming part
of By-law # 5934-07.
(i)
ADDITIONAL PERMITTED USES
The following additional uses are permitted:
-
home based business
-
maximum of two accessory buildings to the residential use
-
single detached dwelling
(2633-89)
(5934-07)
(6776-13)
Zoning By-Law 1784
Section 10 - 3
(ii)
ZONE PROVISIONS
The following zone provisions shall apply:
(a)
No person shall use any portion of the "Subject Property" on Schedule A-1
annexed to By-law number 5934-07, for a single detached dwelling except
within that area delineated as "Building Envelope" on the said Schedule A-1;
(b)
No person shall construct a new habitable structure within the area
delineated as "Building Envelope" on Schedule "A-1" annexed to By-law
5934-07, such that any opening of any kind is located below the elevation of
162 metres Canadian Geodetic Datum;
(c)
The General Provisions of By-law # 1784, as amended, shall apply to any
development or use of the "Subject Property" shown on schedule "A-1"
annexed to By-law # 5934-07 and without limiting the generality of the
foregoing, the 'R1-VB' residential provisions of By-law # 1784 shall apply;
(d)
For the purposes of determining the provisions of this By-law in a "G-1"
Zone, the yards shall be measured from the existing lot lines.
EXCEPTION 1: (G-1)
PART OF LOTS 21 & 22, CONCESSION 4
GARRARD ROAD
Notwithstanding the provisions of Section 10, 'G' Greenbelt Zone of By-law # 1784, the
following shall not be permitted on the lands identified as 'G-1' on Schedule A-1 annexed to
By-law # 4867-01.
-
farming
EXCEPTION 2: (G-2)
PART OF LOT 21, CONCESSION 4
4750 AND 4830 THICKSON ROAD NORTH
(a)
Notwithstanding the provisions of Section 10 'G' Greenbelt Zone of By-law # 1784,
only the following shall be permitted within the existing structures on the lands
identified as 'H-G-2' on Schedule A-1 annexed to By-law # 5411-04.
-
contractor's yard
-
public garage (no gas)
-
service shop
-
motor vehicle rental
-
office
-
pet grooming
-
pool supply centre (no outside storage of chlorine)
-
any of the above permitted uses shall be limited to 20% of the building area for
outside storage
-
veterinary clinic
No loading spaces are required for any of the uses above
(b)
No person shall use any lot or erect or alter or use any building or structure in any H-
G-2 Zone as shown on Schedule A-1 annexed to By-law # 5411-04 except in
accordance with the following uses, namely:
-
4750 Thickson Road North - a single detached dwelling and accessory building
having a gross floor area of 310 m2;
-
4830 Thickson Road North - a single detached dwelling and accessory building
having a gross floor area of 385 m2.
(5956-07)
(5956-07)
(6776-13)
Zoning By-Law 1784
Section 10 - 4
(c)
The holding zone symbol "H" prefixed to the aforementioned zone designation shall
be removed once the following matters have been satisfied or fulfilled, namely:
-
That the existing structures, as required, be connected to the municipal water
supply prior to a change of use as listed in paragraph (a) above being approved,
-
That prior to a change of use for any of the structures located on the subject
lands, a site plan application under Section 41 of the Planning Act shall be
approved by the Town.
(d)
Section 4, General Provisions, of By-law # 1784, as amended, shall apply to the
subject property except as provided below:
-
The parking area for the uses found in Section 2(a) above shall be located to the
rear of the main building located at 4750 and 4830 Thickson Road North.
EXCEPTION 3: (G-3)
PART OF LOT 21, CONCESSION 4
4700 THICKSON ROAD NORTH
(a)
Notwithstanding the provisions of Section 10, 'G' Greenbelt Zone of By-law # 1784,
only the following shall be permitted on the lands identified as 'G-3' on Schedule A-1
annexed to By-law # 5312-03;
(i)
Contractor's yard with associated office space, and outdoor storage of
associated vehicles, and an existing single detached dwelling, provided that
such uses shall be in accordance with the following provisions.
(a)
Gross Floor Area of Office/Storage Building
Maximum
400 m2
(b)
Distance of Open Storage Area From
Any Residential Dwelling Unit
Minimum
45 m
(c)
Distance of Open Storage Area from Any Tree Line
10.0 m
(b)
Notwithstanding the provisions of Section 10 'G' Greenbelt of By-law # 1784, the
following uses shall not be permitted on the lands identified as 'G' Greenbelt on
Schedule A-1 annexed to By-law # 5312-03.
(i)
any farming and non-residential uses referred to in Section 10(a)(ii) and (iv).
(c)
All other provisions of the by-law shall apply.
EXCEPTION 4: (G-4)
PART OF LOTS 31-35, BROKEN FRONT CONCESSION & CONCESSION 1
(1)
Notwithstanding the uses permitted in the G Zone, in any G-4 Zone only the following
uses shall be permitted;
-
conservation area
-
field crops
-
flood and erosion control structures
-
structures and/or facilities for education and interpretive purposes
-
accessory uses including trails, parking facilities, accessory storage and
maintenance structures for the sole use of the conservation authority.
(5312-03)
(5956-07)
(6203-09)
Zoning By-Law 1784
Section 10 - 5
EXCEPTION 5: (G-5)
PART OF LOT 28, CONCESSION 4
(1)
Notwithstanding the uses permitted in the G Zone, in any G-5 Zone only the following
uses shall be permitted:
-
flood and erosion control structures
-
garden plots
-
public uses in accordance with the provisions of Section 4(a) of By-law # 1784
-
structures and facilities for education and interpretive purposes
(2)
Provided further that the existing building shown with hatching and labelled "Cullen
Cabin" on Schedule "A-1" to this By-law may also be used for the following uses:
-
artist and/or photographic studio
-
centre for education and interpretative studies related to cultural activities, arts
and or natural heritage
-
museum
-
office
-
retail store
-
tourist establishment
EXCEPTION 6: (G-6)
PART LOT 21, CONCESSION 1
HYDRO CORRIDOR
(1)
Notwithstanding the uses permitted in a G Zone, in any G-6 Zone, the following
additional uses shall be permitted:
-
parking area associated with and servicing the apartment dwelling house and/or
long term care facility situated and abutting immediately to the east.
EXCEPTION 7: (G-7)
1 WAY STREET
(1)
USES PERMITTED
No person shall within any G-7 Zone, use any lot or erect, alter or use any building or
structure except in accordance with one or more of the following uses:
-
eating establishment situated on the first and/or second storey of the building
existing at the date of the passing of this By-law.
-
one dwelling unit situated within the building existing at the date of the passing of
this By-law.
-
single detached dwelling situated within the building existing at the date of the
passing of this By-law.
-
single detached dwelling
(2)
ZONE RESTRICTIONS
Notwithstanding any provisions of this By-law to the contrary, in any G-7 Zone, the
following provisions shall apply:
(a)
DEPTH OF G-7 ZONE
The maximum depth of the G-7 Zone measured from the Way
Street streetline shall be
30.5 m
(6374-10)
(6356-10)
(6926-14)
(6507-11)
Zoning By-Law 1784
Section 10 - 6
(b)
FLOOR AREA RESTRICTION
The maximum floor area devoted to an eating establishment
shall be
195 m2
provided however, that the maximum ground floor area
devoted to such use shall be
100m2
(c)
PARKING SPACES REQUIRED
Minimum
6 spaces
(d)
MAIN BUILDING ELEVATION RESTRICTION
No new main building or structure shall be constructed within
the G-7 Zone such that any opening of any kind is located
below the elevation of 161.6 metres Canadian Geodetic
Datum.
(e)
APPLICABLE ZONE REQUIREMENTS
The Residential (R-3) Zone provisions and related Schedule
"A" zone requirements shall be applicable to the lands within
the G-7 Zone.
EXCEPTION 8: (G-8)
PART OF LOT 27, CONCESSION 3
PLAN OF SUBDIVISION SW-2007-02
(1)
USES PERMITTED
-
passive recreational use that does not involve the erection of any buildings or
structures but that preserves and conserves the natural environment, soil,
topography and wildlife of the land
(2)
ZONE RESTRICTIONS
Notwithstanding any provisions of this By-law to the contrary, in any G-8 Zone, the
following provisions apply:
(a)
PROHIBITIONS
No accessory building, structure, swimming pool or similar use nor the
placing or removal of fill shall be permitted.
EXCEPTION 9: (G-9)
PART OF LOTS 31 AND 32, CONCESSION 5
745 WINCHESTER ROAD WEST AND 5515 CORONATION ROAD
1.
DEFINED AREA
The lands located south of Winchester Road West and east of Coronation Road and
zoned G-9 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law #1784.
2.
USES PERMITTED
Notwithstanding the uses permitted in the G Zone, in any G-9 Zone only the following
uses shall be permitted:
-
conservation area
-
flood and erosion control structures
-
forest, wildlife and fisheries management
(6684-12)
(7745-21)
Zoning By-Law 1784
Section 10 - 7
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any G-9 Zone the
following provisions shall apply:
(a)
The zone provisions applicable within any G-9 Zone shall be the same as
those set out in the G Zone.
(b)
Determination of Greenbelt (G) Zone Boundary
Notwithstanding the provisions of subsection 3(b)(iii) to the contrary, the
boundaries of the G-9 Zone shall be as determined by the Central Lake
Ontario Conservation Authority.
(c)
Vegetation Protection Zone
A Vegetation Protection Zone shall extend a minimum of 30 metres in width
beyond the G-9 Zone Boundary that is beyond the boundary of the Key
Natural Heritage Feature provided however and notwithstanding the
foregoing, the minimum width of the Vegetation Protection Zone may be
reduced to a minimum of 10 metres as determined by the Central Lake
Ontario Conservation Authority.
Zoning By-Law 1784
Section 10A - 1
Section 10A
Open Space (OS) Zone
(1)
USES PERMITTED
No person shall within an OS Zone use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following OS uses; namely:
(a)
RESIDENTIAL USES
-
prohibited
(b)
NON-RESIDENTIAL USES
-
private park
-
public park
-
public use in accordance with the provisions of Section 4(a) of By-law 1784
(2)
ZONE PROVISIONS
No person shall within any OS Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
(a)
RESIDENTIAL USES
-
Such uses prohibited
(b)
NON-RESIDENTIAL USES
(i)
LOT COVERAGE
Maximum for all buildings
35% of lot area
(ii)
FRONT YARD
Minimum Depth
7.5 m
(iii)
REAR YARD
Minimum Depth
7.5 m
(iv)
INTERIOR SIDE YARD
Minimum Width
7.5 m
(v)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(vi)
LANDSCAPED OPEN SPACE
Minimum
30% of lot area
(vii)
HEIGHT OF BUILDING
Maximum
13.5 m
(viii)
PARKING, ACCESSORY BUILDING, ETC.
In accordance with provisions of Section 4 of By-law 1784.
Zoning By-Law 1784
Section 10A - 2
(3)
EXCEPTIONS
OS-1: EXCEPTION 1
250 CACHET BOULEVARD
Notwithstanding the provisions of Section 10A(2)(b) of By-law # 1784 to the contrary, the
lands zoned "OS-1", as identified on Schedule "A-1" to By-law # 4622-00 shall have the
following exception:
(i)
All permanent buildings or structures shall be setback from the pipe line right-of-way,
as owned by Trans Canada Pipe Lines or any of its successors, a minimum of 10.0 m
from said right-of-way.
EXCEPTION 1: (OS-1)
PART OF LOTS 31-35, BROKEN FRONT CONCESSION & CONCESSION 1
(1)
Notwithstanding the uses permitted in the OS Zone, in any OS-1 Zone only the
following uses shall be permitted:
-
conservation area
-
field crops
-
flood and erosion control structures
-
structures and/or facilities for education and interpretive purposes
-
accessory uses including trails, parking facilities, accessory storage and
maintenance structures for the sole use of the conservation authority
EXCEPTION 2: (OS-2)
PART OF LOT 28, CONCESSION 4
(1)
Notwithstanding the uses permitted in the OS Zone, in any OS-2 Zone only the
following uses shall be permitted:
-
garden plots
-
public uses in accordance with the provisions of Section 4(a) of By-law #1784
-
structures and facilities for education and interpretive purposes
EXCEPTION 3: (OS-3)
2000 DUNDAS STREET EAST AND 21 GARRARD ROAD
USED PERMITTED
Notwithstanding the uses permitted in the OS Zone, in any OS-3 Zone the following additional
uses shall be permitted:
-
cemetery
-
cemetery administrative office
-
cemetery chapel
-
cemetery maintenance building
-
columbarium
-
crematorium
-
funeral establishment
-
funeral services
-
mausoleum
ZONE PROVISIONS
Notwithstanding any zone provisions of this By-law to the contrary, in any OS-3 Zone the
following zone provisions shall apply:
(4622-00)
(5956-07)
(6203-09)
(6374-10)
(6876-14)
Zoning By-Law 1784
Section 10A - 3
a)
Any new above grade buildings or structures shall be set back from any property line
abutting a residential use a minimum of 15 metres.
b)
Any building or structure used for the purpose of a crematorium shall be set back
from any property line a minimum of 80 metres.
c)
Any in ground burial plots shall be set back from any property line abutting a
residential use a minimum of 4.6 metres.
d)
Any funeral establishment shall be set back from any property line a minimum of 27
metres.
e)
Any funeral establishment shall not exceed a gross floor area of 2,375 square metres.
f)
Notwithstanding Section 4(n)(i) of By-law # 1784, any funeral establishment shall
maintain a maximum of 129 parking spaces.
For the purpose of interpretation of the various zone provisions set forth above, the following
definitions shall apply and where there is a conflict between the definitions set forth hereunder
and those set forth in Section 2 of By-law #1784, the following definitions shall apply:
"Funeral Establishment" means premises established for the purpose of providing funeral
services and temporarily placing dead human bodies, and in prescribed circumstances
cremated human remains, so that persons may attend and pay their respects.
"Funeral Services" means the care and preparation of dead human bodies, the co-ordination
and provision of rites and ceremonies with respect to dead human bodies and the provision of
such other services as may be prescribed.
Zoning By-Law 1784
Section 10A1 - 1
Section 10A1
Brooklin Secondary Plan -Development (D) Zone
(a) Those portions of the zones designated "R1, R2, R3, C1" and "A" on Schedule "B" to By-law 1784 as
are specified on Schedule "A-4" annexed to By-law # 2633-89, are hereby changed to Development
Zone "D(R)" and "D(NR)", respectively as shown on Schedule "A-4", annexed to By-law # 2633-89.
(b) No person shall use any land or erect, alter or use any building or structure except in accordance with
the following provisions:
(1)
USES PERMITTED
No person shall within any "D" Zone use any lot or erect, alter or use any building or structure
for any purpose except one or more of the following "D" uses, namely;
(a)
In a "D" Zone where the Symbol "D" on Schedule "A-4" annexed to By-law # 2633-89
is followed by the Symbol "(R)",
(i)
RESIDENTIAL USES
-
single detached dwelling
(b)
INTERIM USES
-
apiary
-
aviary
-
berry or bush crop
-
field crop
-
flower garden
-
greenhouse
-
horticultural nursery
-
market garden
-
orchard
-
public use in accordance with the provisions of Section 4(a) of this By-law 1784,
and
-
tree crop
(c)
In a "D" Zone where the Symbol "D" on Schedule "A-4" annexed to By-law # 2633-89
is followed by the Symbol "(NR)", interim uses,
(ii)
INTERIM USES
-
apiary
-
aviary
-
berry or bush crop
-
field crop
-
flower garden
-
greenhouse
-
horticultural nursery
-
market garden
-
orchard
-
public use in accordance with the provisions of Section 4(a) of this By-
law 1784, and
-
tree crop
(2633-89)
(5956-07)
Zoning By-Law 1784
Section 10A1 - 2
(2)
ZONE PROVISIONS
No person shall within any "D" Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
(a)
RESIDENTIAL USES
In accordance with Sections 5 of By-law 1784 and I. of By-law # 2633-89, as are
applicable, the zone provisions of the "R1" Zone of Schedule "A" to By-law 1784 shall
apply except for minimum lot area which shall be 10 hectares; and,
(b)
INTERIM USES
(i)
LOT AREA
Minimum
10.0 ha
(ii)
LOT COVERAGE
For all buildings
maximum 5%
(iii)
FRONT YARD DEPTH
Minimum
10.0 m
(iv)
REAR YARD DEPTH
Minimum
10.0 m
(v)
INTERIOR SIDE YARD WIDTH
Minimum
10.0 m
(vi)
EXTERIOR SIDE YARD WIDTH
Minimum
10.0 m
(vii)
BUILDING HEIGHT
Maximum
10.0 m
(viii)
PARKING AND LOADING REQUIREMENTs
In accordance with Sections 4(n) and (o) of By-law 1784.
(3)
EXCEPTIONS
(1)
D(R) - DEVELOPMENT (RESIDENTIAL)
SOUTHWEST CORNER OF BIRCHPARK DRIVE AND GARRARD ROAD
Repealed by By-law Amendment 7383-18
(2)
D(R)-2-DEVELOPMENT RESIDENTIAL
PART OF LOTS 4 AND 5 REGISTERED PLAN # 166
PLAN OF SUBDIVISION SW-2012-04
No person shall use any lot or erect, alter or use any building or structure in the D(R)-
2 Zone shown on Schedule A-1 attached to this By-law except in accordance with the
uses permitted and zone provisions of subsections 10A1 (1) and (2) respectively of
the Brooklin Secondary Plan Development Zone (D).
(3)
D(R)-3 - DEVELOPMENT RESIDENTIAL
PLAN OF SUBDIVISION SW-2008-03
No person shall use any lot or erect, alter or use any building or structure on the lands
zoned D(R)-3 by this By-law except in accordance with the uses permitted and zone
provisions of subsections 10A1 (1) and (2) respectively of the Brooklin Secondary
Plan Development Zone (D).
(6065-08)
(6892-14)
(6985-15)
(7383-18)
Zoning By-Law 1784
Section 10B - 1
Section 10B
Institutional (I*) Zone
No person shall use any lot, or erect or alter or use any building or structure in any (I*) Zone except in
accordance with the following uses and zone provisions:
(i)
USES PERMITTED
-
church
-
community centre
-
daycare centre
-
fraternal lodge or institutional hall
-
hospital
-
jail
-
long term care facility
-
municipal arena
-
school
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
50%
(b)
FRONT YARD
Minimum Depth
15 m
(c)
REAR YARD
Minimum Depth
10.0 m
(d)
INTERIOR SIDE YARD
Minimum Width
10.0 m
(e)
EXTERIOR SIDE YARD
Minimum Width
10.0 m
(f)
HEIGHT OF BUILDINGS
Maximum
15 m
(iii)
EXCEPTIONS
I*-1: EXCEPTION 1
340 CARNWITH DRIVE EAST
Notwithstanding the provisions of Section 10B(ii) of By-law # 1784 to the contrary, the lands
zoned "I*-1", as identified on Schedule "A-1" to By-law # 4622-00 shall have the following
exception:
(i)
All permanent buildings or structures shall be setback from the pipe line right-of-way,
as owned by Trans Canada Pipe Lines or any of its successors, a minimum of 10.0 m
from said right-of-way.
I*-2: EXCEPTION 2
PART OF LOTS 25 AND 26, CONCESSION 4
4101 BALDWIN STREET SOUTH
333 MCKINNEY DRIVE
(i)
Notwithstanding Section 10B(ii)(f) I* Institutional Zone of By-law # 1784, a three
storey maximum building height shall apply.
(3337-93)
(6925-14)
(4622-00)
(5956-07)
(5093-02)
(5956-07)
Zoning By-Law 1784
Section 10B - 2
(ii)
With the exception of the above, all other provisions of Section 10B of By-law # 1784
shall apply.
I*-2: EXCEPTION 2
100 TAUNTON ROAD EAST
(a)
Notwithstanding Section 10B(ii)(f) I* Institutional Zone of By-law # 1784, a three
storey maximum building height shall apply.
(b)
Notwithstanding Section 10(B)(i) I* Institutional Zone of By-law # 1784, the following
uses shall also be permitted:
(i)
offices
(c)
With the exception of the above, all other provisions of Section 10B of By-law # 1784
shall apply.
I*-3: EXCEPTION 3
PART OF LOT 24, CONCESSION 5,
PLAN OF SUBDIVISION SW-2004-05, BLOCK 5
Repealed by By-law 7907-22
(5093-02)
(6600-12)
(6776-13)
(6043-08)
(6600-12)
Zoning By-Law 1784
Section 10C - 1
Section 10C
Brooklin Secondary Plan - Institutional (I-BP) Zone
(a)
Those portions of the Zones designated "R1, R2, R3" on Schedule "B" to By-law 1784 as are
specified on Schedule "A-9" annexed to By-law # 2633-89 are hereby changed to Institutional
Zone "I-BP" as shown on Schedule "A-9" annexed to By-law # 2633-89.
(b)
No person shall use any land or erect or use a building or structure in any zone designated "I-
BP" unless such land is serviced by municipal water and sanitary sewer facilities operated by
The Regional Municipality of Durham and such building or other structure is connected thereto.
(c)
Notwithstanding the provisions of subsection (b) of this Section 10C, the following shall be
permitted in the zones designated "I-BP" respectively, as aforesaid:
(i)
The continuation, alteration or reconstruction of any institutional building or structure
that was in existence as of the 1st day of January, 1989, provided that such alteration
or reconstruction is carried out in accordance with all other provisions of this By-
law1784; and,
(ii)
The erection and use of an accessory building or structure provided that such building
or structure is accessory to an institutional use permitted hereunder.
(d)
No persons shall use any land or erect, alter or use any building or structure except in
accordance with the following provisions:
(1)
USES PERMITTED
No person shall within any "I-BP" Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following "I-BP" uses, namely:
(a)
RESIDENTIAL USES
Any Residential use described in Section 5 hereof which is accessory to a
permitted Non-Residential use.
(b)
NON-RESIDENTIAL USES
-
arena
-
boy scouts association use
-
church
-
community centre
-
county jail
-
fraternal lodge, association or institutional hall
-
girl guides association use
-
long term care facility
-
nursery school
-
office of the Corporation, the Region, the Province of Ontario or the
Dominion of Canada
-
private school
-
public or private hospital
-
public use in accordance with the provisions of Section 4(a) hereof
-
school
-
school under the jurisdiction of the Department of Reform Institutions
-
sewage treatment plant
-
water supply plant
-
YMCA or YWCA
(2633-89)
(3337-93)
(6925-14)
(6776-13)
Zoning By-Law 1784
Section 10C - 2
(2)
ZONE PROVISIONS
No person shall within any "I-BP" Zone use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
RESIDENTIAL USES
In accordance with the provisions of Section 5 of By-law 1784 and 5A of By-
law # 2633-89.
(b)
NON-RESIDENTIAL USES
(i)
LOT COVERAGE
Maximum for all buildings
30% of the lot area
(ii)
FRONT YARD
Minimum depth
7.5 m
(iii)
REAR YARD
Minimum depth
7.5 m
(iv)
INTERIOR SIDE YARD
Minimum width
6.0 m
(v)
EXTERIOR SIDE YARD
Minimum width
7.5 m
(vi)
LANDSCAPED OPEN SPACE
Minimum
30% of the lot area
(vii)
HEIGHT OF BUILDING
Maximum
8 storeys
Provided that if any portion of a building is erected
above a height of 12 m, such portion must be set
back from the front, side or rear lot line, as the case
may be, in addition to the minimum front, side or rear
yard requirements of this By-law a further distance of
zero decimal three m for each zero decimal three m
by which such portion of the building is erected above
a height of
12 m
(viii)
PARKING, ACCESSORY BUILDINGS, ETC
In accordance with the provisions of Section 4 of By-law 1784
Zoning By-Law 1784
Section 10D - 1
Section 10D
Cemetery (CE) Zone
(i)
USES PERMITTED
No person shall use any land or erect or alter or use any building or structure in a Cemetery
(CE) Zone except in accordance with the following uses and zone provisions:
(a)
RESIDENTIAL USES
-
prohibited
(b)
NON-RESIDENTIAL USES
-
cemetery
-
mausoleum
-
crematorium
-
Columbarium
-
cemetery office
-
cemetery maintenance building
-
cemetery chapel
(ii)
ZONE PROVISIONS
No person shall within any CE Zone use any lot or erect, alter or use any building or structure
except in accordance with the following provisions:
(a)
LOT AREA
Minimum
2.0 ha
(b)
LOT FRONTAGE
Minimum
100 m
(c)
FRONT YARD
Minimum
9.0 m
(d)
REAR YARD
Minimum
9.0 m
(e)
INTERIOR SIDE YARD
Minimum
9.0 m
(f)
EXTERIOR SIDE YARD
Minimum
9.0 m
(5141-02)
(6776-13)
Zoning By-Law 1784
Section 11 - 1
Section 11
Agricultural (A) Zone
No person shall use any land or erect or alter or use any building or structure in any Agricultural (A)
Zone except in accordance with the following uses and zone provisions:
(a)
USES PERMITTED
(i)
RESIDENTIAL USES
-
one single detached dwelling provided that such dwelling is owned by a person
actively engaged in a full time farm operation on the lot in which such dwelling is
to be erected and used;
-
one additional single detached farm dwelling provided that such dwelling is used
by persons employed on the farm lot on a full time basis who are either full time
employees of the farm or members of the farmer's immediate family;
-
one single detached dwelling unrelated to farming provided the dwelling is
contained on a lot held under distinct and separate ownership from abutting
lands as a lot of record as shown by a registered conveyance in the records of
the Registry Office or the Land Titles Office as of March 14, 1994, and such
single detached dwelling shall only be permitted on a lot of record subject to the
lot having a minimum area of 2,785 m2, being on private services, having a
minimum frontage of 45 m and subject to compliance with the zone provisions
set out in Schedule "A" of this By-law and provided further that such lot was on
March 14, 1994, vacant of all buildings except where such buildings were
accessory buildings or structures considered appropriate and incidental to the
use of the lot for a single detached dwelling use.
(ii)
FARMING / NON-RESIDENTIAL USES
-
farm which shall include but not be limited to farm buildings, field crops, allotment
gardens, market gardening, apiaries, nurseries, orchards and greenhouse
structures associated with the farm, provided that no new barn, stable, shelter,
pen, cage or other building or structure used to house animals or domestic fowl,
and no new feed lot or manure storage area associated with the farm, as herein
defined, shall be located or erected, after March 14, 1994 closer to a single
detached dwelling unit or dwelling house than that distance provided in the
Agriculture Code of Practice, as revised or amended from time to time, except for
a single detached dwelling unit or dwelling house occupied by a farmer or
persons employed at the livestock facility on a full time basis;
-
farm produce retail sales outlet operated on a seasonal basis provided that the
majority of such produce offered or kept for sale is the produce of the farm on
which such retail sales outlet is located, such retail use is accessory to the
producing farm and any independent structures or buildings for the farm produce
sales outlet do not exceed 45 m2;
-
conservation area within the jurisdiction of the Central Lake Ontario Conservation
Authority;
-
forestry (excluding a lumber planning and saw mill), reforestation;
-
public use in accordance with the provisions of Section 4(a) of this By-law.
-
any golf course which existed on a lot as of March 14, 1994 and as delineated on
Schedule "A-1" attached to and forming part of By-law # 3454-94.
(3454-94)
Zoning By-Law 1784
Section 11 - 2
(iii)
HOME OCCUPATION
Repealed by By-law 6776-13
(b)
ZONE PROVISIONS
No person shall within any Agricultural (A) Zone erect or use any building or structure except in
accordance with the provisions set out in Schedule "A" attached hereto.
(c)
SIDE YARDS
Notwithstanding Schedule "A" in respect to a minimum interior side yard for residential uses
(other than for persons employed on the same lot), the minimum interior side yard shall not be
less than 4.5 m.
(d)
PROXIMITY TO LIVESTOCK FACILITIES
No single detached dwelling shall be permitted to locate closer to a livestock facility, as defined
herein, except for a single detached dwelling located on the same lot as the livestock facility
unless such dwelling is located at a distance in conformity with the Agricultural Code of
Practice, as revised or amended from time to time.
(e)
DRILLED WELLS
All single detached dwellings shall be served by a drilled well.
(f)
OPEN STORAGE
Open storage of goods or materials shall be permitted if accessory to the principal or main use
on the lot subject to the open storage being located to the rear of the lot or to the rear of the
main buildings or structures located on the lot.
(g)
SEWAGE DISPOSAL SYSTEMS
No private sewage disposal system shall be permitted within the flood lands or lands within the
regional flood of any river, stream or watercourse.
(h)
EXCEPTIONS
EXCEPTION 1: A-1
360 COLUMBUS ROAD EAST
Temporary Use Expired
EXCEPTION 2: A-2
7725 CEDARBROOK TRIAL
Temporary Use Expired
EXCEPTION 3: A-3
3825 CORONATION ROAD
Temporary Use Expired
EXCEPTION 4: A-4
4655 CORONATION ROAD
Temporary Use Expired
EXCEPTION 5: A-5
29 SHEPHERD ROAD
Temporary Use Expired
(6254-09)
(6663-12)
(7076-15)
(6313-10)
(6712-13)
(7117-16)
(6327-10)
(6722-13)
(7124-16)
(6399-10)
(6448-11)
(7498-19)
(6776-13)
Zoning By-Law 1784
Section 11 - 3
EXCEPTION 6: A-6
PART OF LOT 30, CONCESSION 7
870 COLUMBUS ROAD WEST
1.
Notwithstanding the uses permitted in subsection 11(a)(i), the temporary use of a
garden suite not exceeding 93m2 shall be permitted on the Subject Land municipally
known as 870 Columbus Road West but only on a portion of the Subject Lands
municipally known as 7045 Country Lane.
2.
The zone requirements set out on Schedule "A" to By-law #1784 for the Agricultural -
Residential (Other Than Farming) Zone and the General Provisions of Section 4 of
By-law #1784 shall apply to the temporary use of a garden suite as provided for in
provision (1) above.
3.
The temporary use of a garden suite shall cease to be in effect as of December 12,
2024
EXCEPTION 7: A-7
745 WINCHESTER ROAD WEST
Temporary Use Expired
EXCEPTION 8: A-8
5295 THICKSON ROAD NORTH
Repealed by By-law 7574-19
EXCEPTION 9: A-9
900 ROSSLAND ROAD WEST
Temporary Use Expired
EXCEPTION 10: A-10
4120 CORONATION ROAD
Temporary use Expired
EXCEPTION 11: (A-11)
7725 Cedarbrook Trail
1.
Defined Area
The lands located east of Cedarbrook Trail and south of Brawley Road West and
zoned A-11 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law #1784.
2.
Uses Permitted
Notwithstanding the uses permitted in subsection 11(a)(i) the temporary use of a
garden suite situated within the existing dwelling unit shall be permitted on the
property municipally known as 7725 Cedarbrook Trail but only on the Subject Land
situated in the north-west corner of the lot and shown dotted on Schedule "A-1" to this
By-law.
3.
Expiry Date
The authorization of the temporary use of a garden suite within the existing dwelling
on the Subject Land shall cease to be in effect as of the 15th day of April 2039.
(6561-11)
(5228-03)
(5754-06)
(6103-09)
(6592-12)
(6963-15)
(6618-12)
(7002-15)
(7162-16)
(7163-16)
(7397-18)
(7497-19)
(7527-19)
(7835-21)
Zoning By-Law 1784
Section 11 - 4
EXCEPTION 12: A-12
3775 Brock Street North
Temporary use Expired
EXCEPTION 13: A-13
Northeast Corner of Thickson Road North and Columbus Road East
Temporary Use
1.
Notwithstanding the uses permitted in subsection 11(a)(ii), the temporary use of a
residential sales office shall be permitted on the lands at the northeast corner of
Thickson Road North and Columbus Road East.
2.
The temporary use of the residential sales office shall cease to be in effect as of June
24, 2025.
EXCEPTION 14: A-14
4618 Country Lane
Repealed by By-law Amendment 8182-25
EXCEPTION 14: A-14
4618 Country Lane
Temporary Use
1.
Notwithstanding the uses permitted in subsection 11(a)(ii), the temporary use of a
place of worship shall be granted on land municipally known as 4618 Country Lane.
2.
The temporary use of a place of worship shall cease to be in effect as of June 28,
2028.
EXCEPTION 16: A-16
Part of Lots 31 and 32, Concession 5
745 Winchester Road West and 5515 Coronation Road
1.
Defined Area
The lands located south of Winchester Road West and east of Coronation Road and
zoned A-16 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law shall be governed by the relevant provisions of
By-law # 1784.
2.
Uses Permitted
Notwithstanding the uses permitted in the A Zone, in any A-16 Zone only the following
uses shall be permitted:
-
golf course
-
golf driving range
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any A-16 Zone, the
following provisions shall apply:
(a)
Clubhouse - Gross Floor Area
Maximum excluding any floor area used for golf cart
storage and maintenance activities
1858 m2
(7510-19)
(7531-19)
(7745-21)
(7713-21)
(7890-22)
(8182-25)
(8182-25)
Zoning By-Law 1784
Section 11 - 5
(b)
Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to
the lands zoned A-16 by this By-law:
4 m
Ten Percent (%) of Every Lot
4(w)
Satellite Dishes
Zoning By-Law 1784
Section 11A - 1
Section 11A
Agricultural Service (A1) Zone
No person shall hereafter use any land or erect or use any building or structure in an Agricultural
Service (A1) Zone, except in accordance with the following provisions:
(a)
USES PERMITTED
(i)
FARMING
In accordance with Section 4, Subsection (i) and Section 11.
(ii)
COMMERCIAL (SERVICE)
-
agricultural implement sales and service outlet
-
motel
-
restaurant
-
sales outlet for nursery and gardening accessory supplies excepting the sale of
barbecues, power tools and equipment, lawn chairs and household fencing
materials, providing that such sales outlet is permitted only when associated with
an operating nursery on the same premises.
(iii)
(a)
Horse racetrack providing that the lot area is at least 4.0 hectares.
(b)
The provisions of Section 4(d) of By-law # 1784 shall not apply to Section 3
of this By-law (Section (iii)(a) above).
(b)
AREA REQUIREMENTS
No person shall erect or use any building or structure except in accordance with the provisions
set out in Schedule "A".
(c)
Notwithstanding the provisions of Schedule "A", no building or structure shall be erected, and
no land used, except in accordance with a site plan agreement approved by the Planning
Board and the Council, subject to provincial and municipal licensing regulations in effect.
(d)
Schedule "A" shall include the following:
ZONE A1
USE
-
agricultural implement sales and service outlets
-
motels
-
restaurants
LOT FRONTAGE (WITHOUT SERVICES)
Minimum
45.5 m
LOT FRONTAGE (WITH PUBLIC WATER SUPPLY OR PUBLIC
SANITARY SEWERS)
Minimum
45.5 m
LOT COVERAGE
Maximum
30%
(1912)
(690-78)
(2072)
(61-74)
Zoning By-Law 1784
Section 11A - 2
YARD MINIMUM
front (subject to section 4(l) regarding roads)
21.5 m
interior side
10.5 m
exterior side
15 m
rear
7.5 m
MAXIMUM BUILDING HEIGHT
11 m
By-law 1784
Section 12-1
Section 12
Exceptions
(A)
PART OF LOT 22, CONCESSION 7
Notwithstanding any provisions of this By-law to the contrary, that part of Lot 22, Concession 7,
shown on the map annexed to this By-law as Schedule B-22-7a, may be used for the purpose
of a golf driving range as shown thereon provided that such use shall comply with the
provisions of this By-law for a Highway Commercial (C2) Zone.
(B)
PART OF LOT 21, CONCESSION 4 - SMITH GRAVEL PIT
Repealed by By-law Amendment 5740-06
(C)
PART OF LOTS 29 & 30, CONCESSION 9 - ANDREW ANTENNA
Repealed by By-law Amendment 1967-86
Notwithstanding the provisions of Section 11 of By-law 1784, the following additional uses shall
be permitted on the subject property as shown on the attached Schedule "A-1".
(a)
plant for the manufacture of telecommunication frequency cables, antennas, and
ancillary devices, including metal and plastic fabricating plants for any such uses.
(b)
test range and towers for telecommunication devices.
(c)
offices incidental to the permitted use as referred to in paragraph 1(a).
(d)
open storage provided that:
(i)
such open storage is accessory to the permitted use in paragraph 1(a)
above;
(ii)
such open storage shall not be visible from the street on which the lot fronts;
(iii)
such open storage shall not be permitted to the rear of the main building.
(iv)
such open storage shall not exceed the permitted gross floor area of the us
(v)
described by Section 12 (c)(a).
The following zone provisions shall apply to the permitted use as provided for in paragraph 1
above.
(a)
LOT FRONTAGE
Minimum
329.18 m
(b)
LOT AREA
Minimum
39 ha
(c)
FRONT YARD
Minimum Depth
15 m
(d)
INTERIOR SIDE YARD
Minimum Width
7.5 m
Except were any lot or portion thereof abuts a railway
right-of-way, no interior side yard shall be required.
(e)
EXTERIOR SIDE YARD
Minimum Width
15 m
(1826)
(316-70)
(317-70)
By-law 1784
Section 12-2
(f)
REAR YARD
Minimum Depth
13.5 m
(g)
The maximum gross floor area of the permitted use as referred
to in paragraph 1 above shall be
4,134 m2
(D)
EAST SIDE OF HIGHWAY NUMBER 12
PART OF LOT 22, CONCESSION 7
Repealed by By-law Amendment 1541-83
(E)
PART OF LOT 20, CONCESSION 9
9620 BALDWIN STREET NORTH
Repealed by By-law Amendment 6600-12
(F)
RETAIL FURNITURE STORE, NORTH SIDE DUNDAS STREET EAST, 200.72 M
EAST OF THICKSON ROAD, Lot 20, CONCESSION 2
(a)
Notwithstanding any provisions of By-law 1784, the maximum total storage floor area
accessible to the public or otherwise shall not exceed 25% of the total ground floor
area on the lands described in paragraph (d) below.
(b)
Notwithstanding the provisions of Section 4 Subsection (n) of By-law 1784, the
minimum parking requirements for the lands described in paragraph (d) below shall
be one space per 74 m2 of floor area.
(c)
Notwithstanding the provisions of Schedule "A" of By-law 1784, the interior side yard
provision shall not apply to the west interior side yard of the lands described in
paragraph (d) below.
(d)
The lands referred to in paragraphs (a), (b) and (c) above are designated "C1" as
shown on Schedule "A" attached hereto.
(G)
SOUTH-WEST CORNER OF LOT 23, CONCESSION 5
Notwithstanding the provisions of Subsection (a) (vii) of Section 11, one single family detached
dwelling may be erected and used on the lands described in paragraph 2 hereunder provided
that such lot was vacant as of the 14th day of May, 1970 and was held under distinct and
separate ownership from abutting lots as shown by a registered conveyance in the records of
the Registry or Land Titles Office at such date.
(2)
ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying
and being in the Town of Whitby in the County and Province of Ontario and being
composed of that part of the South half of Lot 23 in Concession 5 of the said Town of
Whitby, formerly in the Township of Whitby, described as follows:
PREMISING the Southerly limit of said lot to have a bearing of North 72 degrees 33
minutes and 30 seconds East and relating all bearings herein thereto:
COMMENCING at the South-West angle of said Lot 23;
THENCE North 17 degrees 42 minutes and 30 seconds West along a fence, defining
the existing Westerly limit of said Lot 23, and its Northerly production, a distance of
60.96 m;
THENCE North 72 degrees 33 minutes and 30 seconds East, 45.72 m;
THENCE South 17 degrees 42 minutes and 10 seconds East, 60.96 m to a point in
the Southerly limit of said lot, distance 45.72 m Easterly thereon from the Point of
Commencement;
THENCE South 72 degrees 33 minutes and 30 seconds West along said Southerly
limit, 45.72 m to the Point of Commencement.
(474-70)
(3321-93)
(569-71)
(603-71)
By-law 1784
Section 12-3
(H)
PART OF THE NORTH-WEST QUARTER, LOT 18, CONCESSION 3
Repealed by By-law Amendment 4320-99
(I)
6760 BALDWIN STREET NORTH
Repealed by By-law Amendment 2633-89
(J)
NORTH SIDE DUNDAS STREET EAST (HIGHWAY 2)
PART OF LOT 20, CONCESSION 2
Repealed by By-law Amendment 1850-85
(K)
1540 DUNDAS STREET EAST
(a)
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as
referred to in Section 7E of By-law 1784, the following additional use of retail stores
shall be permitted on the Subject Property as shown on Schedule "A-1" to a
maximum of 1350 m2 of gross floor area.
(b)
That Section 4(l) and 4(n) of By-law 1784 shall not apply to the Subject Property as
shown on Schedule "A-1" annexed to this By-law.
(c)
Notwithstanding the zone provisions of Section 7E (2)(iv) of By-law 1784, it is hereby
replaced by the following:
(d)
EXTERIOR SIDE YARD
Minimum Width
3.0 m
(e)
Notwithstanding the zone provision of Section 7E(2)(v) of
By-law 1784, it is hereby replaced by the following:
REAR YARD
Minimum Depth
0.0 m
(f)
Notwithstanding Section 4(n) of By-law 1784 the minimum
number of parking spaces to be provided on the Subject
Property as shown on Schedule "A-1" shall be
228 spaces
(L)
14 CHURCH STREET, BROOKLIN
Repealed by By-law Amendment 6600-12
(M)
PART OF LOT 32, CONCESSION 5
Repealed by By-law Amendment 7143-16
(N)
PART OF LOTS 29, 30, 31 and 32, CONCESSION 2
(a)
Notwithstanding Section 3(i), (ii), (iii) and Schedules "A" and "B" referred to in said
Section 3 to By-law 1784 (as amended), the following provisions shall apply to the
lands outlined on Schedule "B" to this By-law. All other sections of By-law 1784 shall
apply.
(b)
The lands outlined on Schedule "B" to this By-law have been divided into various use
zones as follows:
"R-1-A"
Single Family Detached Housing
"R-2-A"
Single Family Detached Housing
"R-3-B"
Single Family Semi-Detached Housing
"R-4-A"
Group Housing
"R-4-B"
Single Family Town House Dwelling
"C-1"
Neighbourhood Commercial
"I"
Institutional
(724-72)
(823-72)
(220-75)
(1931-85)
(871-72)
(1074-73)
(1087-73)
(540-77)
By-law 1784
Section 12-4
"G"
Greenbelt
The extent and boundary of these zones are shown on Schedule "B" to this By-law,
which hereby amends Schedule "B" to By-law 1784.
(c)
The permissible uses, the minimum size and dimensions of lots, the minimum size of
yards, the maximum lot coverage, gross floor area, the minimum landscaped open
space, the maximum height of buildings and all other zone provisions are set out
herein for the respective zones.
(d)
"R-1-A" - SINGLE FAMILY DETACHED HOUSING
(i)
USE PERMITTED
No person shall, within any "R-1-A" Zone use any lot, or erect, alter or use
any building or structure for any purpose except for a single family detached
dwelling house and in accordance with the following provisions:
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
18.5 m
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
558 m2
(d)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.35
(f)
FRONT YARD
Minimum
4.5 m
except in the case of an entrance to a garage or
carport, the minimum is
6.0 m
(g)
REAR YARD
Minimum
10.5 m
except in the case of a rear yard abutting a
street of 29 m or more in width the
minimum is
20 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.2 m plus 0.6 m for each storey
or partial storey above the first
except where no garage or carport facilities are
provided on the lot then the minimum width of one of
the interior side yards is
4.3 m
(645-78)
(477-77)
By-law 1784
Section 12-5
(i)
EXTERIOR SIDE YARD
Minimum
4.5 m
except in the case of an entrance to a garage or
carport the minimum is
6.0 m
except in the case of a yard abutting a street of 29.0m
or more in width, the minimum is
9.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
Minimum
2 spaces per dwelling unit
(e)
R-2-A - SINGLE FAMILY DETACHED HOUSING
(i)
USE PERMITTED
No person shall within any "R-2-A" Zone use any lot, or erect, alter or use
any building or structure for any purpose except for a single family detached
dwelling house in accordance with the following provisions:
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
13.5 m
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.35
(f)
FRONT YARD
Minimum
4.5 m
except in the case of an entrance to a garage or
carport, the minimum is
6.0 m
(g)
REAR YARD
Minimum
10.5 m
except in the case of a rear yard abutting a street of
29 m or more in width, the minimum is
20 m
(645-78)
By-law 1784
Section 12-6
(h)
INTERIOR SIDE YARD
Minimum Width
1.2 m plus 0.6 m for each storey
or partial storey above the first
Except where no garage or carport facilities are
provided on the lot then the minimum width of one of
the interior side yards is
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum
4.5 m
Except in the case of an entrance to a garage or
carport the minimum is
6.0 m
Except in the case of a yard abutting a street of 29 m
or more in width, the minimum is
9.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
Minimum
2 spaces per dwelling unit
(f)
"R-3-B" - SINGLE FAMILY SEMI-DETACHED HOUSING
(i)
USE PERMITTED
(a)
No person shall within any "R-3-B" Zone use any lot, or erect, alter
or use any building, or structure for any purpose except for a single
family semi-detached dwelling house and in accordance with the
following provisions:
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
279 m2
(d)
LOT COVERAGE
Maximum for all buildings
30% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.40
(f)
FRONT YARD
Minimum
4.5 m
Except in the case of an entrance to a garage or
carport, the minimum is
6.0 m
(477-77)
(645-78)
By-law 1784
Section 12-7
(g)
REAR YARD
Minimum
10.5 m
Except in the case of a rear yard abutting a street of 9
m or more in width, the minimum is
20 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.2 m plus 0.6 m for each storey
or partial storey above the first
Except where no garage or carport facilities are
provided on the lot then the minimum width of one of
the interior side yards is
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum
4.5 m
Except in the case of an entrance to a garage or
carport, the minimum is
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
Minimum
2 spaces per dwelling unit
(g)
"R-4-A" - GROUP HOUSING
(i)
USE PERMITTED
No person shall within any "R-4-A" Zone use any lot, or erect, alter or use
any structure for any purpose except for group housing and in accordance
with the following provisions:
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
61 m
(b)
LOT AREA
Minimum
0.6 ha
(c)
LOT COVERAGE
Maximum for all buildings
30% of the lot area
(d)
FLOOR SPACE INDEX
Maximum
0.45
(e)
YARDS
(i)
from any street line, minimum
10.5 m
(ii)
from any interior side or rear lot line,
minimum
7.5 m
(iii)
except in the case of a yard abutting a 0.3 m
reserve, the minimum is
12 m
(477-77)
(645-78)
By-law 1784
Section 12-8
(iv)
except where this 0.3 m reserve abuts a
street of 29m or more in width, the minimum
is
20 m
(f)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(g)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(h)
DISTANCE BETWEEN BUILDINGS
Minimum distance between two exterior walls facing
and parallel to each other where both walls contain a
living room window
21.5 m
Minimum distance between two exterior walls where
one wall contains a living room window and the other
wall a habitable room window
15 m
Minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
living room window and the other wall contains no
habitable room windows
12 m
Minimum distance between two exterior walls facing
and parallel to each other where both walls contain
habitable room windows
10.5 m
Minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
habitable room window and the other wall contains no
habitable room windows
6.0 m
Minimum distance between two exterior walls facing
and parallel to each other where both walls contain no
habitable room windows
3.0 m
Notwithstanding the foregoing provisions of this paragraph
the following distances shall apply for courtyards:
The minimum distance shall not be less than the combined
height of facing and parallel walls, however, an overlap of
1.5 m or less shall be deemed not to constitute a facing and
parallel wall.
(i)
NUMBER OF DWELLING UNITS
The maximum number of dwelling units shall be determined by Lot
area requirements for individual dwelling units as follows:
for each dwelling unit 186 m2 plus 42 m2 for each bedroom
(j)
PARKING
Minimum
2 spaces per dwelling unit
of which 75% be covered
(k)
DISTANCE OF COMMON PARKING FROM
(1)
a wall with a living room window
10.5 m
(2)
a wall with a habitable room window
10.5 m
By-law 1784
Section 12-9
(3)
a wall with no windows to habitable or living
rooms
3.0 m
(4)
from any street line
6.0 m
(5)
from any interior or rear yard
3.0 m
(l)
SITE PLANS
No group housing may be established in an "R-4-A" Zone except in
accordance with a site plan approved by the Town of Whitby
relating to the exterior architectural design and location of the
building and landscaping of the lot.
(ga)
"R-4-B" - SINGLE FAMILY TOWN HOUSE DWELLING
No person shall use any lot or erect or alter or use any building or structure in any "R-4-B"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the following
uses and zone provisions:
(i)
USES PERMITTED
(a)
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
6.0 m
(b)
LOT AREA
Minimum
186 m2
(c)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(d)
FLOOR SPACE INDEX
Maximum
0.65
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
10.5 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
15 m
Except in the case of a rear yard abutting
a street or a 0.3 m reserve where the
adjoining street has a planned width of 29
m or more the minimum depth is
20 m
(540-77)
By-law 1784
Section 12-10
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement
except in the case of the unattached wall
of the end dwelling unit, in which case, the
interior side yard shall be a minimum width
of
1.2 m plus 0.6 m for
each storey or partial
storey above the first
storey
(h)
EXTERIOR SIDE YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
45% of the lot area
(j)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(k)
SITE PLAN
No dwellings or other buildings shall be erected on any lot except in
accordance with a site plan prepared by an architect and approved
by the Town of Whitby showing the exterior architectural design
and location of such dwellings or other buildings on the lot.
(l)
PARKING
(i)
Notwithstanding the provisions of Section 4(n) of By-law
1784, there shall be provided and maintained for each
Town House Dwelling Unit upon the lot upon which such
Dwelling Unit is situated, two parking spaces;
(ii)
The distance from the intersection of any
street lines and the nearest driveway shall
be at least
7.5 m;
(iii)
No person shall store or park any commercial vehicle in an
"R-4-B" Zone if such vehicle has a capacity in excess of
0.46 tonnes
(gb)
DEFINITIONS
For the purpose of the interpretation of the various zone provisions set forth
aforesaid, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784 then
the definitions hereinafter set forth shall take precedence.)
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling house (excluding garage, basement and cellar) to the total lot area.
By-law 1784
Section 12-11
(ii)
"LOT FRONTAGE" means a horizontal distance between the side lot lines.
Where such lot lines are not parallel the lot frontage shall be the distance
between the side lot lines measured on a line parallel to the front lot line and
7.5 m distance therefrom.
(iii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of zero
decimal three m in width owned by The Corporation of the Town of Whitby or
owned by The Regional Municipality of Durham.
(iv)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m.
(v)
"PARKING SPACE" means an area of not less than 18 m2 with a minimum
perpendicular width of 2.7 m and a minimum perpendicular length of 6.0 m
for the parking of motor vehicles, and may be located in a private garage,
private driveway or carport.
(vi)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a group of
not more than eight single family dwelling units but not less than three single
family dwelling units attached to each other, side by side each of which
dwelling unit;
-
has a separate front and rear entrances or separate front and side
entrances; and
-
is attached to one or both sides by a common party wall to another
dwelling unit in the same row; and
-
contains a private garage within each unit.
(vii)
"SEMI-DETACHED DWELLING HOUSE" means one or pair of two
attached single family dwelling houses with a common party wall (either
above or below grade) dividing the pair of family dwelling houses vertically,
each of which has an independent entrance from the outside.
(viii)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(h)
C-1 - NEIGHBOURHOOD COMMERCIAL
No person shall, within any "C-1" Zone use any lot or erect, alter or use any building
or structure for any purpose except in accordance with By-law 1784 and Section 6
thereof. Notwithstanding the foregoing provisions of this paragraph, the permitted
uses shall exclude undertaking establishments, custom workshops, parking lots and
residential dwellings.
(i)
I - INSTITUTIONAL
(i)
USES PERMITTED
No person shall, within any "I" Zone use any lot or erect, alter or use any
building or structure for any purpose except one or more of the following
uses:
-
Arena
-
Church
-
community Centre
-
day care centre
By-law 1784
Section 12-12
-
long term care facility
-
nursery school
-
private school
-
school
-
swimming pool
and in accordance with the following provisions:
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
50% of the lot area
(b)
FRONT YARD
Minimum
15 m
(c)
REAR YARD
Minimum
10.5 m
(d)
INTERIOR SIDE YARD
Minimum
10.5 m
(e)
EXTERIOR SIDE YARD
Minimum
10.5 m
(f)
HEIGHT OF BUILDING
Maximum
12 m
(J)
G - Greenbelt
No person shall, within any "G" Zone use any lot or erect, alter or use any building or
structure for any purpose except in accordance with the provisions of Section 10 of
By-law 1784.
(k)
Notwithstanding the provisions of Section 2 (Parking Space Definition) of the By-law
1784, as amended.
For the purpose of this By-law,
"PARKING SPACE" may be located in a private garage or carport or as a private
driveway providing same has a minimum area of 18 m2 and having a minimum
dimension of 3.0 m by 6.0 m.
(l)
For the purposes of this By-law
"HABITABLE ROOM" means a room designed for sleeping, eating or food
preparation including a den, library, sewing room or enclosed sun room.
(l)
For the purpose of this By-law
"LIVING ROOM" shall mean a parlour or sitting room.
(m)
For the purpose of this By-law
"FLOOR SPACE INDEX" means the ratio of the gross floor area (excluding
garage and cellar) to the total lot area.
(n)
For the purpose of this By-law
(6925-14)
By-law 1784
Section 12-13
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground which has more than one half its height from
finished floor to finished ceiling, below adjacent finished grade.
(o)
For the purpose of this By-law
"REQUIRED LIVING ROOM WINDOWS" means in accordance with the
requirements of the National Building Code.
(p)
For the purpose of this By-law, such exterior walls having an angle of
divergence of not more than 85 degrees shall be deemed to face and be
parallel to each other.
In this clause,
"ANGLE OF DIVERGENCE" means the interior acute angle formed by and
lying between such two exterior walls or their projection.
(q)
For the purpose of this By-law
"COURTYARD" means a private courtyard, access to which is only through
the building containing the dwelling unit.
(r)
Notwithstanding the provisions of Section 2 (Definitions) of By-law 1784,for
the purposes of this By-law
"HEIGHT" and "HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building and,
(a)
in the case of a flat roof the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and
(c)
in the case of a gable, hip or gambrel roof the mean heights
between the eaves and the ridge, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(s)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land zero
decimal three m in width owned by the Municipality and immediately
adjoining a public highway. For the purposes of yard setback provisions and
frontage requirements of this By-law a 0.3 m reserve shall be deemed not to
exist.
(t)
"GROUP HOUSING" means one or more structures of three or more
attached single family dwelling units or court houses located on the same lot,
which lot is retained under one ownership provided, however, that this
definition shall not exclude the sale of any such attached single family
dwelling units or court houses under the provisions of The Condominium
Act.
(P)
PART OF LOT 20, CONCESSION 1
Repealed by By-law Amendment 6600-12
(50-74)
By-law 1784
Section 12-14
(Q)
PART OF LOT 18, CONCESSION 1
(a)
Notwithstanding Section 3 (a) (i), (ii) and (iii) and Schedules "A" and "B" referred to in
said Section 3 (a) to By-law # 1784 (as amended) the following provisions shall apply
to the lands outlined on Schedule "A" to this By-law. (All other sections of By-law
1784 apply.)
(b)
The lands outlined on Schedule "A", to this By-law have been divided into the
following zone categories:
R-2-A
Single Family Detached Housing
G
Greenbelt
The extent and boundary of these zones are shown on Schedule "A" to this By-law
which here by amends Schedule "B" to By-law # 1784.
(c)
The permissible uses, the minimum size and dimensions of lots, the minimum size of
yards, the maximum lot coverage, gross floor area, the minimum landscaped open
space, the maximum height of buildings and all other zone provisions are set out
herein for the respective zones.
(d)
R-2-A - SINGLE FAMILY DETACHED HOUSING
(i)
USE PERMITTED
No person shall within any "R-2-A" Zone use any lot or erect, alter or use
any building or structure for any purpose except for a single family detached
dwelling house and in accordance with the following provisions:
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.35
(f)
FRONT YARD
Minimum
4.5 m except in the case of an
entrance to a garage carport or
the minimum is 6.0 m
(67-74)
(344-76)
(672-78)
By-law 1784
Section 12-15
(g)
REAR YARD
Minimum
10.5 m
Except in the case of a rear yard abutting a 0.3 m
reserve the minimum is
15 m
Except where this 0.3 m reserve abuts a street of 29
m or more in width the minimum is
20 m
(h)
INTERIOR SIDE YARD
Minimum width
1.5 m
Provided, however and notwithstanding the above
(a)
The exterior wall of the second storey of any building shall
be set back a distance of at least 2.0 m from the side lot
line.
(b)
The exterior wall of the third storey of any building shall be
set back a distance of at least 2.5 m from the side lot line.
(c)
Where no garage or carport is provided on the lot the
minimum width of one of the interior side yards shall be
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum
4.5 m
Except in the case of an entrance to a garage or
carport the minimum is
6.0 m
Except in the case of a yard abutting a street of 29 m
or more the minimum is
9.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING
Minimum
2 spaces per dwelling unit
(e)
G GREENBELT
No person shall within any "G" Zone use any lot or erect, alter or use any building or
structure for any purpose except in accordance with the provisions of Section 10 of
By-law 1784.
(f)
Notwithstanding the provisions of Section 2 (Parking Space Definition) of By-law #
1784 as amended, for the purpose of this By-law a "PARKING SPACE" may be
located in a private garage or carport or as a private driveway provided the same has
a minimum area of 18 m2 and having a minimum dimension of 3.0 m by 6.0 m.
(g)
For the purpose of this By-law
"HABITABLE ROOM" means a room designed for sleeping, eating or food
preparation including a den, library, sewing room or enclosed sun room.
(h)
For the purpose of this By-law
"LIVING ROOM" shall mean a parlour or sitting room.
(723-78)
By-law 1784
Section 12-16
(i)
For the purpose of this By-law
"FLOOR SPACE INDEX" means the ratio of the gross floor area (excluding garage
and cellar) to the total lot area.
(j)
For the purpose of this By-law
"REQUIRED LIVING ROOM WINDOWS" means in accordance with the
requirements of the National Building Code.
(k)
Notwithstanding the provisions of Section 2 (Height, Building definition) of By-law #
1784, for the purposes of this By-law
"HEIGHT" and "HEIGHT OF BUILDING" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the building and,
(a)
in the case of a flat roof, the highest point of roof surface or the parapet,
whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and
(c)
in the case of a gable, hip or gambrel roof the mean heights between the
eaves and the ridge, exclusive of any accessory roof construction such as a
chimney, tower steeple or television antenna.
(l)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land zero decimal
three metres in width owned by the Municipality and immediately adjoining a public
highway. For the purposes of yard setback provisions and frontage requirements of
this By-law, a 0.3 m reserve shall be deemed not to exist.
(R)
PART OF LOT 19, CONCESSION 2
(a)
That Schedule "B" to By-law Number 1784 is hereby amended by changing the zone
designations to "R-2-A" and "G" of the lands so marked "R-2-A" and "G" on Schedule
"A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on the lands referred to in Schedule "A-1" annexed to this By-law except in
accordance with the following uses and zone provisions:
R-2-A - SINGLE FAMILY DETACHED DWELLING
(i)
USE PERMITTED
-
single family detached dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
465 m²
(d)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(408-76)
By-law 1784
Section 12-17
(e)
FLOOR SPACE INDEX
Maximum
0.35
(f)
FRONT YARD
Minimum depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum depth
10.5 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 29 m or more the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
Minimum width
1.2 m plus 0.6 m for each
storey or partial storey above
the first.
Except where no garage or carport
facilities are provided on the lot then the
minimum width of one of the interior side
yards is
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
Provided, however and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back a
minimum distance from the exterior side yard lot line
of
6.0 m
Except in the case of an exterior side yard abutting a
street or a 0.3 m reserve where the adjoining street
has a planned width of 29 m or more, the minimum
width is
9.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with provisions of Section (c) of this By-law.
By-law 1784
Section 12-18
(c)
PARKING AREA REQUIREMENTS
The provisions of Section 4(n) of By-law 1784 shall not apply to any residential
development referred to in this By-law and instead the following provisions shall
apply:
(i)
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant, or other person entering upon or making use of the
said premises from time to time, parking spaces and areas as follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All residential uses
2 spaces for each dwelling unit
(ii)
"PARKING SPACE" means an area of not less than 18 m2 with a minimum
perpendicular width of 2.7 m and a minimum perpendicular length of 6.0 m
for the parking of motor vehicles.
(iii)
LOCATION OF PARKING SPACES
(a)
Parking space for all residential uses may be located in a private
garage, private driveway, or private carport.
(b)
The distance between the intersection of a street line and the
nearest driveway entrance shall be at least7.5 m.
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall be used for the
parking of passenger vehicles only and shall not be used for the parking or
storage of any commercial motor vehicles in excess of 0.46 tonnes capacity.
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land 0.3 m
in width owned by The Corporation of the Town of Whitby or owned by The
Regional Municipality of Durham.
(iii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(iv)
"HEIGHT" and "HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building and,
(a)
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greatest,
(b)
in the case of a mansard roof, the deck roof line and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and ridges exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
By-law 1784
Section 12-19
(v)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(vi)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(vii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth:
(a)
ORNAMENTAL STRUCTURES
sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 1.0 m provided that in the case of porches, steps or patios such
uses are not more than 1.2 m above grade.
(viii)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(S)
PART OF LOT 20, CONCESSION 1
(a)
That Schedule "B" to By-law Number 1784 is hereby amended by changing the zone
designations to "R-2-A" and "G" of the lands so marked "R-2-A" and "G" on Schedule
"A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on the lands referred to in Schedule "A-1" annexed to this By-law except in
accordance with the following use and zone provisions:
R-2-A - SINGLE FAMILY DETACHED DWELLING
(i)
USE PERMITTED
-
single family detached dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(641-78)
By-law 1784
Section 12-20
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
465 m²
(d)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.35
(f)
FRONT YARD
Minimum depth
4.5 m
Provided, however, and notwithstanding the above, a garage or
carport, the entrance to which is from the front yard, shall be set
back a minimum distance from the front lot line of
6 m
(g)
REAR YARD
Minimum Depth
10.5 m
Except in the case of a rear yard abutting a 0.3 m, the
minimum depth is
15 m
Except where this zero decimal three reserve abuts a
street having a planned width of 29 m or more, the
minimum depth is
20 m
(h)
INTERIOR SIDE YARD
Minimum width
1.2 m plus 0.5 m for each
storey or partial storey
above the first
Except where no garage or carport facilities are
provided on the lot then the minimum width of one of
the interior side yards is
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back a
minimum distance from the exterior side yard lot line
of
6 m
Except in the case of an exterior side yard abutting a
street or a 0.3 m reserve where the adjoining street
has a planned width of 29 m or more, the minimum
width is
9 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with provisions of Section (c) of this By-law.
By-law 1784
Section 12-21
(c)
PARKING AREA REQUIREMENTS
The provisions of Section 4(n) of By-law 1784 shall not apply to any residential
development referred to in this By-law and instead the following provisions shall
apply:
(i)
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant, or other person entering upon or making use of the
said premises from time to time, parking spaces and areas as follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All residential uses
2 spaces for each dwelling unit
(ii)
"PARKING SPACE" means an area of not less than 18 m2 with a minimum
perpendicular width of 2.7 m and a minimum perpendicular length of 6.0 m
for the parking of motor vehicles.
(iii)
LOCATION OF PARKING SPACES
(a)
Parking space for all residential uses may be located in a private
garage, private driveway, or private carport.
(b)
The distance between the intersection of a street line and the
nearest driveway entrance shall be at least 7.5 m.
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall be used for the
parking of passenger vehicles only and shall not be used for the parking or
storage of any commercial motor vehicles in excess of 0.46 tonnes.
(d)
For the purpose of the interpretation of this By-law the various zone provisions set
forth in the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land 0.3 m
in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(iii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(iv)
"HEIGHT AND HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building and,
(a)
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greatest,
(b)
in the case of a mansard roof, the deck roof line and,
(c)
in the case of gable, hip or gambrel roof, the mean heights between
the eaves and ridges exclusive of any accessory roof construction
such as a chimney, tower, steeple, or television antenna.
By-law 1784
Section 12-22
(v)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(vi)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(vii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(viii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth:
(a)
ORNAMENTAL STRUCTURES
sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 1 m provided that in the case of porches, steps or patios such
uses are not more than 1.2 m above grade.
(T)
NORTH-EAST CORNER - MANNING AND HAZELWOOD DRIVE
LOT 1, REGISTERED PLAN NUMBER M-60
139 AND 141 HAZELWOOD DRIVE
(a)
Notwithstanding the provisions of Section 5(f)(a) of By-law 1784 relating to
Residential Zone (R2), the following minimum lot area requirements shall apply to the
lands referred to in paragraph (b) to this By-law, namely:
Interior Lot
650 m2
Corner Lot
929 m2
(b)
The lands referred to in paragraph (a) are composed of all of Lot 1, according to
Registered Plan Number M-60 and are more particularly shown on Schedule "A"
annexed hereto and designated as "Subject Property"
(242-75)
By-law 1784
Section 12-23
(U)
PART OF LOTS 19 and 20, CONCESSION 1
(a)
That Schedule "B" to By-law Number 1784 is hereby amended by changing the zone
designations to "R-2-A", "R-3-A", "R-3-B", "R-4-A", "R-4-B", "C-1", "I" and "G" of the
lands designated as "R-2-A", "R-3-A", "R-3-B", "R-4-A", "R-4-B", "C-1", "I" and "G" on
Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R-2-A - SINGLE FAMILY DETACHED DWELLING
(I)
USE PERMITTED
-
single family detached dwelling
(II)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
Maximum for all buildings
33% of the lot area
(1170-81, Lots 247,
252, 262-539, M-1180)
(e)
FLOOR SPACE INDEX
Maximum
0.35
However and notwithstanding, the above floor space
index shall not apply to lots 247 to 539 inclusive on
Registered Plan M-1180.
(f)
FRONT YARD
Minimum
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.5 m
Minimum Depth
10 m
(1496-83, Lots 247-389, 397-416,
431-539, M-1180)
Except in the case of a rear yard abutting a 0.3 m
reserve where the adjoining street has a planned
width of 29 m or more, the minimum width is
20 m
(399-76)
(1170-81)
(1643-84)
(1494-83)
(1496-83)
By-law 1784
Section 12-24
(h)
INTERIOR SIDE YARD
Minimum Width
1.2 m plus 0.6 m for each
storey or partial storey
above the first storey.
Except where no garage or carport facilities are
provided on the lot, then the minimum width of one of
the interior side yards is
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back a
minimum distance from the exterior side yard lot line
of
6.0 m
Except in the case of an exterior side yard abutting a
street or a 0.3 m reserve where the adjoining street
has a planned width of 29 m or more, the minimum
width is
9.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING
In accordance with Section (h) of this By-law.
(c)
No person shall use any lot or erect or alter or use any building or structure in any "R-
3-A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R-3-A - SINGLE FAMILY LINK DWELLINGS
(i)
USE PERMITTED
-
single family link dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
279 m2
(d)
LOT COVERAGE
Maximum for all buildings
35% of the lot area
Maximum for all buildings
40% of the lot area for
Lots 247-252, 262-539,
M-1180)
(1170-81)
By-law 1784
Section 12-25
(e)
FLOOR SPACE INDEX
Maximum
0.45
However and notwithstanding, the above floor space
index, shall not apply to lots 247 to 539 inclusive on
Registered Plan M-1180.
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.5 m
Minimum Depth
10.0 m
(Lots247-389, 397- 416,
431-539,M-1180)
Except where this 0.3 m reserve abuts a street
having a planned width of 29 m or more the
minimum depth is
20 m
(h)
INTERIOR SIDE YARD
There is no interior side yard requirement
except in the case of the unattached wall of the
end dwelling unit, in which case the minimum
width of such Interior side yard is
1.2 m plus 0.6 m for
each storey or partial
storey above the first
storey
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back a
minimum distance from the exterior side yard lot line
of
6.0 m
Except in the case of an exterior side yard abutting a
street or a 0.3 m reserve where the adjoining street
has a planned width of 29 m or more, the minimum
width is
9.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(1643-84)
(1496-83)
By-law 1784
Section 12-26
(l)
SITE PLANS
No dwellings or other buildings shall be erected on any lot except in
accordance with a site plan prepared by an architect and approved
by the Town of Whitby showing the exterior architectural design
and location of such dwellings or other buildings on the lot.
(m)
PARKING
In accordance with the provisions of Section (h) of this By-law.
(d)
No person shall use any lot or erect or alter or use any building or structure in any "R-
3-B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following use and zone provisions.
R-3-B - SINGLE FAMILY SEMI-DETACHED DWELLINGS
(i)
USE PERMITTED
-
single family semi-detached dwellings
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0m for each dwelling unit
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
279 m2
(d)
LOT COVERAGE
Maximum
25% of the lot area
(1054-80, M 1179)
Maximum for each dwelling unit,
including any accessory buildings
relating thereto
86.65 m2
(1054-80, Lots 142, 153,
154, 158, 161, 162, 163,
167, 170, 173, 174, 180,
192, 208, 216, 217, 220,
241 & 246, M-1179)
(1170-81, M-1180)
Maximum 40% of the lot
area (for Lots 247-252,
262-539, M-1180)
(e)
FLOOR SPACE INDEX
Maximum
0.40
However and notwithstanding, the above floor space
index shall not apply to lots 247 to 539 inclusive on
Registered Plan M-1180.
By-law 1784
Section 12-27
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.5 m (1496-83, M-1180)
Minimum Depth
10 m (1496-83 Lots 47-389,
397-416,431-539M-1180)
Except in the case of a rear yard abutting a 0.3 m
reserve where the adjoining street has a planned
width of 29 m or more, the minimum width is
20 m
(h)
INTERIOR SIDE YARD
Minimum width for the side that is not
attached to the other dwelling
1.2 m plus 0.6 m for
each additional or partial
storey above the first
Except where no garage or carport
facilities are provided on the lot then the
minimum width
4.3 m
(i)
EXTERIOR SIDE YARD
(i)
Minimum Width
4.5 m
(ii)
Provided, however and notwithstanding the
above provisions, a garage or carport, the
entrance to which is from the exterior side
yard, shall be set back from the exterior side
yard lot line, a minimum distance of
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section (h) of this By-law.
(e)
No person shall use any lot or erect or alter or use any building or structure in any "R-
4-A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R-4-A - GROUP HOUSING
(i)
USE PERMITTED
-
Group Housing
By-law 1784
Section 12-28
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
61 m
(b)
LOT AREA
Minimum
0.4 ha
(c)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(d)
FLOOR SPACE INDEX
Maximum
0.50
(e)
YARD
Minimum depth
(i)
from any street line
10.5 m
except in the case of a street having a planned
width of 29 m or more the minimum depth is
20 m
(ii) from any interior or rear lot line
7.5 m
except in the case of a yard abutting a 0.3 m
reserve, the minimum depth is
12 m
except in the case where this 0.3 m reserve
abuts a street having a planned width of 29 m or
more, the minimum depth is
20 m
(f)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(g)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(h)
DISTANCE BETWEEN BUILDINGS
Minimum distance between two exterior walls facing
and parallel to each other where both walls contain a
living room window
21.5 m
Minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
living room window and the other wall contains no
habitable room windows
15 m
Minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
living room window and the other wall contains no
habitable room windows
12 m
Minimum distance between two exterior walls facing
and parallel to each other where both walls contain
habitable room windows
10.5 m
Minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
habitable room window and the other wall contains no
habitable room windows
6.0 m
By-law 1784
Section 12-29
Minimum distance between two exterior walls facing
and parallel to each other where both walls contain no
habitable room windows
3.0 m
(i)
NUMBER OF DWELLING UNITS
The maximum number of dwelling units on a lot shall
be determined by lot area requirements for individual
dwelling units as follows:
for each dwelling unit
311 m2
(j)
PARKING
In accordance with the provisions of Section (h) of this By-law.
(k)
SITE PLANS
No buildings shall be erected on any lot except in accordance with
a site plan prepared by an architect and approved by the Town of
Whitby showing the exterior architectural design of such buildings
and the location of such buildings on the lot and the landscaping of
the lot including location of parking area.
(f)
No person shall use any lot or erect or alter or use any building or structure in any "R-
4-B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R-4-B - SINGLE FAMILY TOWN HOUSE DWELLINGS
(i)
USE PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
6.0 m
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
186 m2
(d)
LOT COVERAGE
Maximum for all buildings
35% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.65
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
By-law 1784
Section 12-30
(g)
REAR YARD
Minimum Depth
7.5 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 29 m or more, the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
There is no interior side yard requirement
except in the case of the unattached wall
of the end dwelling unit, in which case the
minimum width of such interior side yard is
1.2 m plus 0.6 m for
each storey or partial
storey above the first
storey
(i)
EXTERIOR SIDE YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
45% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
9.5 m
(l)
SITE PLANS
No dwellings or other buildings shall be erected on any lot except in
accordance with a site plan prepared by an architect and approved
by the Town of Whitby showing the exterior architectural design
and location of such dwellings or other buildings on the lot.
(m)
PARKING
In accordance with the provisions of Section (h) of this By-law.
(g)
No person shall use any lot or erect or alter or use any building or structure in any "I"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
I - INSTITUTIONAL
(i)
USES PERMITTED
-
Arena
-
Church
-
long term care facility
-
nursery school
-
private tennis or squash club
-
school
(6925-14)
By-law 1784
Section 12-31
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
50% of the lot area
(b)
FRONT YARD
Minimum Depth
15 m
(c)
REAR YARD
Minimum Depth
10.5 m
(d)
INTERIOR SIDE YARD
Minimum Width
10.5 m
(e)
EXTERIOR SIDE YARD
Minimum Width
10.5 m
(f)
HEIGHT OF BUILDINGS
Maximum
15 m
(g)
PARKING PROVISIONS
In accordance with Section 4(n) of By-law 1784.
(h)
PARKING AREA REQUIREMENTS
The provisions of Section 4(n) of By-law 1784 shall not apply to any
residential development referred to in this By-law and instead the
following provisions shall apply:
(i)
The owner of every building or structure erected or used
for any of the purposes hereinafter set forth shall provide
and maintain for the sole use of the owner, occupant, or
other person entering upon or making use of the said
premises from time to time, parking spaces and area as
follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All residential uses
except group housing
2 spaces for each dwelling unit
Group housing
2 spaces for each dwelling unit, 25% of
which shall be allocated and set apart
for visitors
(ii)
"PARKING SPACE" means an area of not less than 18
m2 with a minimum perpendicular width of 2.7 m and a
minimum perpendicular length of 6.0 m for the parking of
motor vehicles.
(iii)
LOCATION OF PARKING SPACES
(a) Parking space for all residential uses except group
housing may be located in a private garage, private
driveway, or private carport.
By-law 1784
Section 12-32
(b) Parking spaces for group housing may be located in a
private garage within or contiguous to each dwelling
unit, or on a private driveway leading to such garage
providing however that at least 25% of the parking
area requirements shall be located in common
parking areas, which areas shall a minimum distance
from:
(1) A living room window
10.5 m
(2) A habitable room window other than
a living room window
7.5 m
(3) The exterior wall of any building
2.1 m
(4) From any street line or 0.3 m
reserve
6.0 m
(5) From any lot line other than a street
line or 0.3 m reserve
3.0 m
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall
be used for the parking of passenger vehicles only and
shall not be used for the parking or storage of any
commercial motor vehicles in excess of 0.46 tonne
capacity.
(v)
The distance between the intersection of street lines and
the nearest driveway entrance shall be at least 7.5 m.
(i)
Notwithstanding the provisions of Section 6(a) of By-law 1784, the
following uses shall not be permitted in any of the "C-1" Zones
referred to in this By-law, namely undertaking establishments,
custom workshops, parking lots and residential dwellings.
(j)
For the purpose of the interpretation of the various zone provisions
set forth in this By-law, the following definitions shall apply. (Where
there is a conflict between the definitions hereinafter set forth and
those referred to in Section 2 of By-law 1784, then the definitions
hereinafter set forth shall take precedence.)
(i)
"EXTERIOR WALL" shall mean a main and supporting
exterior wall of the building running from the foundation
footings to the roof of the building but shall exclude
unenclosed porches, balconies, steps and patios.
(ii)
"EXTERIOR WALLS FACING AND PARALLEL TO
EACH OTHER" shall mean any exterior wall of a building
having an angle of divergence of not more than 85
degrees. "ANGLE OF DIVERGENCE" means the interior
acute angle formed by and lying between two exterior
walls of their projections.
(iii)
"HABITABLE ROOM" means a room designed for living,
sleeping, eating or food preparation including a den,
library, sewing room or enclosed sun room.
(iv)
"LIVING ROOM" means a habitable room used for the
common social activities of the occupants of the dwelling
house, but shall not include a recreation or family room
located in the basement or cellar of the dwelling house.
By-law 1784
Section 12-33
(v)
"FLOOR SPACE INDEX" means the ratio of the gross
floor area of the dwelling house (excluding garage,
basement and cellar) to the total lot area.
(vi)
"CELLAR" means that portion of a building between two
floor levels which is partly or wholly underground and
which has more than one half its height from finished floor
to finished ceiling, below adjacent finished grade.
(vii)
"BASEMENT" means that portion of a building between
two floor levels which is partly underground but which has
at least one half of its height, from finished floor to finished
ceiling, above the adjacent finished grade.
(viii)
"YARD" means a space, appurtenant to a building or
structure, located on the same lot as the building or
structure, and which space is open, uncovered and
unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter
set forth:
(a) ORNAMENTAL STRUCTURES
sills, belt courses, chimneys, cornices, eaves, gutters,
parapets, pilasters or other ornamental structures
may project into any required yard a maximum
distance of 0.5 m.
(b) ACCESSORY STRUCTURES
drop awnings, clothes poles, flag poles, garden
trellises, fences, retaining walls, signs, or similar
accessory uses shall be permitted in any required
yard.
(c) UNENCLOSED PORCHES, BALCONIES, STEPS
AND PATIOS
unenclosed porches, balconies, steps and patios,
covered or uncovered, may project into any required
yard a maximum distance of 1 m provided that in the
case of porches, steps or patios such uses are not
more than 1.2 m above grade.
(ix)
"HEIGHT OF BUILDINGS" means the vertical distance
between the average elevations of the finished surface of
the ground at the side of the building; and
(a) in the case of a flat roof, the highest point of roof
surface or the parapet, whichever is the greater;
(b) in the case of a mansard roof, the deck roof line; and
(c) in the case of a gable, hip or gambrel roof, the mean
heights between the eaves and the ridges, exclusive
of any accessory roof construction such as chimney,
tower steeple or television antenna.
(x)
"ZERO DECIMAL THREE METRE RESERVE" means a
strip of land of 0.3 m in width owned by the Corporation of
the Town of Whitby or owned by the Regional Municipality
of Durham.
By-law 1784
Section 12-34
(xi)
"EXTERIOR SIDE YARD" means a side yard immediately
adjoining a public street or immediately adjoining a 0.3 m
reserve.
(xii)
"GROUP HOUSING" means one or more buildings each
of which contain three or more single family dwelling units,
and also containing a private garage for each dwelling unit
which is located within or contiguous to each unit, and
which building or buildings are located on the same lot
which lot is retained under one ownership, provided
however that this definition shall not exclude the sale of
any such single family dwelling unit under the provisions of
The Condominium Act.
(xiii)
"SINGLE FAMILY TOWN HOUSE DWELLING" means
one of a group of not more than eight single family
dwelling units but not less than three single family dwelling
units attached to each other, side by side, each of which
dwelling unit,
(a) has separate front and rear entrances or separate
front and side entrances; and
(b) is attached to one or both sides by a common party
wall to another dwelling unit in the same row; and
(c) contains a private garage within each unit.
(xiv)
"SINGLE FAMILY SEMI-DETACHED DWELLING"
means one of a pair of two attached single family
dwellings with a common party wall (either above or below
grade) dividing the pair of family dwellings vertically, each
of which has an independent entrance from the outside.
(xv)
"SINGLE FAMILY LINK DWELLING" means one of a
group of not more than eight single family dwelling units
but not less than three single family dwelling units
attached to each other, side by side, each of which
dwelling unit,
(a) has a separate front and rear entrance or separate
front and side entrance; and
(b) is attached on one or both sides by either a common
party wall (either above or below grade) or a private
garage or private fence or wall to another dwelling in
the same row;
(c) contains a private garage within or contiguous to each
unit.
(xvi)
"LANDSCAPED OPEN SPACE" means open
unobstructed space on a lot which is suitable for the
growth and maintenance of grass, flowers, bushes and
other landscaping and, notwithstanding the foregoing,
includes any surfaced walk, patio, tennis court or similar
recreational area and any swimming or decorative pool,
but does not include any driveway, ramp or motor vehicle
parking area, whether surfaced or not.
By-law 1784
Section 12-35
(xvii)
"NURSERY SCHOOL" means a day nursery within the
meaning of The Day Nurseries Act.
(xviii)
"LONG TERM CARE FACILITY" means a building in
which the proprietor supplies for hire or gain, lodging with
or without meals and, in addition, provides nursing,
medical or similar care and treatment, if required, and
includes a rest home or convalescent home, but does not
include any other establishment otherwise defined or
classified herein.
(V)
PART OF LOTS 19 and 20, CONCESSION 2
(a)
That Schedule "B" to By-law No. 1784 is hereby amended by changing the zone
designations to "R-2-A" I "R-3-B" I "R-3-c" I "R-5", "C-1", "D" I "I", and "G" of the lands
designated as "R-2-A" "R-3-B", "R-3-c", "R-5", "C-1", "D", "I" and "G11 on Schedule
"A-1 11 annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R-2A - SINGLE FAMILY DETACHED DWELLING
(i)
USES PERMITTED
-
single family dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.45
(f)
FRONT YARD
Minimum
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(6925-14)
(535-77)
(1244-81)
(1244-81)
By-law 1784
Section 12-36
(g)
REAR YARD
Minimum Depth
10.5 m
Except in the case of a rear yard abutting a 0.3 m
reserve the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 29 m or more, the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.2 m plus 0.6 m for each
storey or partial storey
above the first storey.
Except where no garage or carport facilities are
provided on the lot, then the minimum width of one of
the interior side yards is
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provision a garage or carport, the entrance to which is
from the exterior side yard, shall be set back a
minimum distance from the exterior side yard lot line
of
6.0 m
Except in the case of an exterior side yard abutting a
street or a 0.3 m reserve where the adjoining street
has a planned width of 29 m or more, the minimum
width is
9.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING
In accordance with Section (h) of this By-law.
(c)
No person shall use any lot or erect or alter or use any building or structure in any "R-
3-B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following use and zone provisions:
R-3-B - SINGLE FAMILY SEMI-DETACHED DWELLINGS
(i)
USE PERMITTED
-
single family semi-detached dwellings
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
(b)
LOT DEPTH
Minimum
30.5 m
By-law 1784
Section 12-37
(c)
LOT AREA
Minimum
279 m2
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.50
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.5 m
Except in the case of a rear yard abutting a 0.3 m
reserve the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 29 m or more, the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
Minimum width for the side that is not
attached to the other dwelling
1.2 m plus 0.6 m for
each additional or partial
storey above the first
Except where no garage or carport facilities are
provided on the lot then the minimum width is
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section (h) of this By-law.
(1244-81)
(1244-81)
By-law 1784
Section 12-38
(d)
No person shall use any lot or erect or alter or use any building or structure in any "R-
3-C" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following use and zone provisions:
R-3-C - CLUSTER HOUSING
(i)
USE PERMITTED
-
cluster housing
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
61 m
(b)
LOT AREA
Minimum
0.8 ha
(c)
LOT COVERAGE
Maximum for all buildings
30% of the lot area
(d)
FLOOR SPACE INDEX
Maximum
0.35
(e)
YARDS - minimum depth
(i)
from any street line
10.5 m
except in the case of a street having a planned
width of 29 m or more the minimum depth is
20 m
(ii) from any interior or rear lot line
7.5 m
except in the case of a yard abutting a 0.3 m
reserve the minimum depth is
12 m
except in the case where this 0.3 m reserve
abuts a street having a planned width of 29 m or
more the minimum depth is
20 m
(f)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(g)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(h)
NUMBER OF DWELLING UNITS PER LOT
The maximum number of dwelling units on a lot shall
be determined by lot area requirements for individual
dwelling units as follows:
for each dwelling unit
372 m2
(i)
PARKING
In accordance with Section (h) of this By-law.
By-law 1784
Section 12-39
(j)
SITE PLANS
No buildings shall be erected on any lot except in accordance with
a site plan prepared by an architect and approved by the Town of
Whitby showing the exterior architectural design of such buildings
and the location of such buildings on the lot and the landscaping of
the lot including location of parking areas.
(e)
No person shall use any lot or alter or erect or use any building or structure in any "R-
5" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following use and zone provisions:
R-5 - APARTMENT DWELLING
(i)
USE PERMITTED
-
apartment dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
61 m
(b)
LOT AREA
Minimum
0.8 ha
(c)
LOT COVERAGE
Maximum for all buildings
30% of the lot area
(d)
FLOOR SPACE INDEX
Maximum
1.0
(e)
YARDS
Minimum Depth
(i)
from any street line
10.5 m
except in the case of a street having a planned
width of 29 m or more the minimum depth is
20 m
(ii) from any interior or rear lot line
7.5 m
except in the case of a yard abutting a 0.3 m
reserve, the minimum depth is
12 m
except in the case where this 0.3 m reserve
abuts a street having a planned width of 29 m or
more, the minimum depth is
20 m
(f)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(g)
HEIGHT OF BUILDINGS
Maximum
18.5 m
By-law 1784
Section 12-40
(h)
NUMBER OF DWELLING UNITS PER LOT
The maximum number of dwelling units on
a lot shall not exceed
99 units per ha
Provided, however, and notwithstanding the above,
the maximum number of dwelling units on the lands
zoned R-5 on Schedule "A-1" annexed to this By-law
shall not exceed
120 units
(i)
PARKING
In accordance with Section (h) of this By-law.
(j)
SITE PLANS
No buildings shall be erected on any lot except in accordance with
a site plan prepared by an architect and approved by the Town of
Whitby showing the exterior architectural design of such buildings
and the location of such buildings on the lot and the landscaping of
the lot including location of parking areas.
(f)
No person shall use any lot or erect or alter or use any building or structure in any "I"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
I - INSTITUTIONAL
(i)
USES PERMITTED
-
arena
-
church
-
community centre
-
long term care facility
-
nursery school
-
school swimming pool
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
50% of the lot area
(b)
FRONT YARD
Minimum Depth
15 m
(c)
REAR YARD
Minimum depth
10.5 m
(d)
INTERIOR SIDE YARD
Minimum width
10.5 m
(e)
EXTERIOR SIDE YARD
Minimum width
10.5 m
(f)
HEIGHT OF BUILDINGS
Maximum
15 m
(g)
PARKING PROVISIONS
In accordance with Section 4(n) of By-law 1784.
(6925-14)
By-law 1784
Section 12-41
(g)
No person shall use any lot or erect or alter or use any building or structure in any "D"
Zone in Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
DEVELOPMENT
(i)
USES PERMITTED
-
berry or bush crop
-
field crop
-
flower garden
-
green house
-
horticulture nursery
-
market garden
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
10% of the lot area
(b)
FRONT YARD
Minimum depth
7.5 m
Except in the case of a front yard abutting the street
having a planned width of 29 m or more the minimum
depth is
15 m
(c)
REAR YARD
Minimum depth
7.5 m
(d)
INTERIOR SIDE YARD
Minimum width
7.5 m
(e)
EXTERIOR SIDE YARD
Minimum width
7.5 m
(f)
HEIGHT OF BUILDINGS
Maximum
11 m
(g)
PARKING PROVISIONS
In accordance with Section 4(n) of By-law 1784.
(h)
PARKING AREA REQUIREMENTS
The provisions of Section 4(n) of By-law 1784 shall not apply to any
residential development referred to in this By-law and instead the
following provisions shall apply:
(i)
The owner of every building or structure erected or used
for any of the purposes hereinafter set forth shall provide
and maintain for the sole use of the owner, occupant, or
other person entering upon or making use of the said
premises from time to time, parking spaces and areas as
follows:
By-law 1784
Section 12-42
TYPE OF USE
MINIMUM PARKING
REQUIREMENTS
All residential uses except
Cluster Housing and
Apartment Dwelling Houses
2 spaces for each dwelling unit
Cluster Housing
2 spaces for each dwelling unit
with 0.20 spaces per unit allocated
and set apart for visitors
Apartment Dwelling House
1.5 spaces for each dwelling unit
with 0.20 spaces per unit allocated
and set apart for visitors
(ii)
"PARKING SPACE" means an area of not less than 18
m2 with a minimum perpendicular width of 2.7 m and a
minimum perpendicular length of 6.0 m for the parking of
motor vehicles.
(iii)
LOCATION OF PARKING SPACES
(a) Parking space for all residential uses except cluster
housing and an apartment dwelling house may be
located in a private garage, private driveway, or
private carport.
(b) Subject to the provisions of paragraph (c) parking
spaces for cluster housing may be located in a private
garage within or contiguous to each dwelling unit, or
on a private driveway leading to such garage or in a
common garage or carport providing however that at
least 0.20 spaces per unit shall be located in common
parking areas for visitors, which areas shall have a
minimum distance from
1)
A living room window
10.5 m
2)
A habitable room window other than
a living room window
7.5 m
3)
The exterior wall of any building
2.1 m
4)
From any street line or 0.3 m
reserve
6.0 m
5)
From any lot line other than a street
line or 0.3 m reserve
3.0 m
(c) Where any of the dwelling units for Cluster Housing
do not contain a private garage located within or
contiguous to said dwelling units then at least 85% of
the required parking spaces shall be located
underground within the building or otherwise
enclosed. The remaining parking spaces shall be
located in common parking areas, which areas shall
have a minimum distance from
1)
A living room window
10.5 m
2)
A habitable room window other than a
living room window
7.5 m
3)
The exterior wall of any building
2.1 m
By-law 1784
Section 12-43
4)
From any street line or 0.3 m reserve
6.0 m
5)
From any lot line other than a street line
or 0.3 m reserve
3.0 m
Provided further that 0.20 parking spaces per unit
shall be allocated and set apart for visitors.
(d) At least 85% of the required parking spaces for an
Apartment Dwelling House shall be located
underground within the building or otherwise
enclosed. The remaining parking spaces shall be
located in common parking areas which areas shall
have a minimum distance from
1)
A living room window
10.5 m
2)
A habitable room window other than a
living room window
7.5 m
3)
The exterior wall of any building
2.1 m
4)
From any street line or 0.3 m reserve
6.0 m
5)
From any lot line other than a street line
or 0.3 m reserve
3.0 m
Provided further that 0.20 parking spaces per unit
shall be allocated and set apart for visitors.
(iv)
The Use of Parking Spaces and Areas required under this
By-law shall be used for the parking of passenger vehicles
only and shall not be used for the parking or storage of
any commercial motor vehicles in excess of 0.46 tonne
capacity.
(v)
The distance between the intersection of street lines and
the nearest driveway entrance shall be at least 7.5 m.
(g)
Notwithstanding the provisions of Section 6(a) of By-law 1784, the following uses
shall not be permitted in any of the "C-1" Zones referred to in this By-law, namely,
undertaking establishments, custom workshops, parking lots and residential
dwellings.
(h)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence).
(i)
"EXTERIOR WALL" shall mean a main and supporting exterior wall of the
building running from the foundation footings to the roof of the building but
shall exclude unenclosed porches, balconies, steps and patios.
(ii)
"HABITABLE ROOM" means a room designed for living, sleeping, eating or
food preparation including a den, library, sewing room or enclosed sun room.
(iii)
"LIVING ROOM" means a habitable room used for the common social
activities of the occupants of the dwelling house, but shall not include a
recreation or family room located in the basement or cellar of the dwelling
house.
By-law 1784
Section 12-44
(iv)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling house (excluding garage, carport, basement and cellar) to the total
lot area.
(v)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade
(vi)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(vii)
"CLUSTER HOUSING" means a group or an arrangement of dwelling units
contained within one or more buildings (each of which building has at least 3
dwelling units) or an arrangement of 3 or more dwelling units attached
(either above or below grade) to each other side by side, either by a
common party wall or a garage, and are all located on the same lot which lot
is retained under one ownership; provided however that this definition shall
not exclude or prohibit the sale of any of the dwelling units under the
provisions of the Condominium Act.
(viii)
"SINGLE FAMILY SEMI-DETACHED DWELLING" means one of a pair of
two attached single family dwellings with a common party wall (either above
or below grade) dividing the pair of family dwellings vertically, each of which
has an independent entrance from the outside.
(ix)
"APARTMENT DWELLING" means the whole of a building that contains
four or more dwelling units which units have a common entrance from the
street level and are served by a common corridor and the occupants of
which units have the right to use in common the corridors, stairs, yards, or
one or more of them.
(x)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth.
(a)
ORNAMENTAL STRUCTURES
sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 1 m provided that in the case of porches, steps or patios such
uses are not more than 1.2 m above grade.
By-law 1784
Section 12-45
(xi)
"HEIGHT OF BUILDINGS" means the vertical distance between the average
elevations of the finished surface of the ground at the side of the building;
and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as chimney, tower, steeple or television antenna.
(xii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(xiii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(xiv)
"LANDSCAPE OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(xv)
"NURSERY SCHOOL" means a day nursery within the meaning of The Day
Nurseries Act.
(xvi)
"LONG TERM CARE FACILITY" means a building in which the proprietor
supplies for hire or gain, lodging with or without meals and, in addition,
provides nursing, medical or similar care and treatment, if required, and
includes a rest home or convalescent home, but does not include any other
establishment otherwise defined or classified herein.
(W)
PART OF LOT 18, CONCESSION 1
(a)
That Schedule "B" to By-law Number 1784 is hereby amended by changing the zone
designations to "R-2-A", "R-3-B" and "G" of the lands designated as "R-2-A", " R-3-B"
and "G" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R-2-A - SINGLE FAMILY DETACHED DWELLING
(i)
USE PERMITTED
-
single family detached dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT AREA
Minimum
465 m2
(414-76)
By-law 1784
Section 12-46
(c)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(d)
FLOOR SPACE INDEX
Maximum
0.35
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
10.5 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 29 m or more, the minimum depth
is
20 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.2 m plus 0.6 m for each
storey or partial storey
above the first
Except where no garage or carport facilities are
provided on the lot then the minimum width of one of
the interior side yards is
4.3 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back a
minimum distance from the exterior side yard lot line
of
6.0 m
Except in the case of an exterior side yard abutting a
street or abutting a 0.3 m reserve where the adjoining
street has a planned width of 29 m or more, the
minimum width is
15 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
PARKING
In accordance with Section (d) of this By-law.
By-law 1784
Section 12-47
(c)
No person shall use any lot or erect or use any building or structure in any "R-3-B"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R-3-B - SINGLE FAMILY SEMI-DETACHED DWELLINGS
(i)
USES PERMITTED
-
single Family semi-detached dwellings
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
(b)
LOT DEPTH
Minimum
30.5 m
(c)
LOT AREA
Minimum
279 m2
(d)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.40
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.5 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 29 m or more, the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
Minimum width for the side that is not
attached to the other dwelling
1.2 m plus 0.6 m for
Each additional or partial
storey above the first
Except where no garage or carport facilities are
provided on the lot for such dwelling unit then the
minimum width is
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum Width
15 m
By-law 1784
Section 12-48
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING''
Maximum
8.0 m
(l)
PARKING
In accordance with provisions of Section (d) of this By-law.
(d)
PARKING AREA REQUIREMENTS
The provisions of Section 4(n) of By-law 1784 shall not apply to any residential
development referred to in this By-law and instead the following provisions shall
apply:
(i)
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant or other person entering upon or making use of the said
premises from time to time, parking spaces and areas as follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All Residential Uses
2 spaces for each dwelling unit
(ii)
"PARKING SPACE" means an area of not less than 18 m2 with a minimum
perpendicular width of 2.7 m and a minimum perpendicular length of 6.0 m
for the parking of motor vehicles.
(iii)
LOCATION OF PARKING SPACES
(a)
Parking space for all residential uses may be located in a private
garage, private driveway, or private carport.
(b)
The distance between the intersection of a street line and the
nearest driveway entrance shall be at least 7.5 m.
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall be used for the
parking of passenger vehicles only and shall not be used for the parking or
storage of any commercial motor vehicles in excess of 0.46 tonne capacity.
(e)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence).
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(iii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
By-law 1784
Section 12-49
(iv)
"HEIGHT" and "HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building and,
(a)
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greatest,
(b)
in the case of a mansard roof, the deck roof line, and
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and ridges exclusive of any accessory roof
construction such as a chimney, tower, steeple, or television
antenna.
(v)
"SINGLE FAMILY SEMI-DETACHED DWELLING" means one of a pair of
two attached single family dwellings with a common party wall either above
or below grade dividing the pair of single family dwellings vertically, each of
which has an independent entrance directly from the outside.
(vi)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(vii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(viii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(ix)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and occupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth:
(a)
ORNAMENTAL STRUCTURES
sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters, or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 1 m provided that in the case of porches, steps or patios such
uses are not more than 1.2 m above grade.
By-law 1784
Section 12-50
(X)
LOT 20, REGISTERED PLAN 534
1913 DUNDAS STREET EAST
(a)
Section 5(a)(iv) of By-law Number 1784 is hereby amended insofar as it relates to the
lands referred to in Subsection (b) of this By-law by adding thereto the additional use
of "Service Shop" as a home based business in the private residence located on said
lands providing such use is confined solely to the basement area of such private
residence.
(b)
The lands referred to in Subsection (a) are described as Lot 20 according to
Registered Plan 534 of the Town of Whitby and are outlined on Schedule "A-1"
annexed to this By-law and referred to as the "Subject Property".
(Y)
LOTS 2, 3, 4, and 5, REGISTERED PLAN 591
(a)
That Schedule "B" to By-law Number 1784 is herby amended by changing the zone
designations to "R-2-A" of the lands so marked "R-2-A' on Schedule "A-1" annexed to
this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on the lands referred to in Schedule "A-1" annexed to this By-law except in
accordance with the following uses and zone provisions.
R-2-A - SINGLE FAMILY DETACHED DWELLING
(i)
USE PERMITTED
-
single family detached dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
14.5 m
(b)
LOT DEPTH
Minimum
55 m
(c)
LOT AREA
Minimum
740 m2
(d)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.35
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or car port, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.5 m
(358-76)
(6776-13)
(414-76)
By-law 1784
Section 12-51
(h)
INTERIOR SIDE YARD
Minimum Width
1.2 m plus 0.6 m for each
storey partial storey above
the first
Except where no garage or carport facilities are
provided on the lot then the minimum width of one of
the interior side yards is
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which is
from the exterior side yard, shall be set back a minimum
distance from the exterior side yard lot line of
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with provisions of Section (c) of this By-law.
(c)
PARKING AREA REQUIREMENTS
The provisions of Section 4(n) of By-law 1784 shall not apply to any residential
development referred to in this By-law and instead the following provisions shall
apply:
(i)
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant, or other person entering upon or making use of the
said premises from time to time, parking spaces and areas as follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All residential uses
2 spaces for each dwelling unit
(ii)
"PARKING SPACE" means an area of not less than 18 m2 with a minimum
perpendicular width of 2.7 m and a minimum perpendicular length of 6.0 m
for the parking of motor vehicles.
(iii)
LOCATION OF PARKING SPACES
(a)
Parking space for all residential uses may be located in a private
garage, private driveway, or private carport.
(b)
The distance between the intersection of a street line and the
nearest driveway entrance shall be at least 7.5 m.
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall be used for the
parking of passenger vehicles only and shall not be used for the parking or
storage of any commercial motor vehicles in excess of 0.46 tonne capacity.
By-law 1784
Section 12-52
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence).
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(ii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(iii)
"HEIGHT" and "HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building and,
(a)
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greatest,
(b)
in the case of a mansard roof, the deck roof line, and
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and ridges exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(v)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(vi)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth:
(a)
ORNAMENTAL STRUCTURES
sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 1 m provided that in the case of porches, steps or patios such
uses are not more than 1.2 m above grade.
By-law 1784
Section 12-53
(vii)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(Z)
PART OF LOT 28, CONCESSION 7
7961 COCHRANE STREET
Notwithstanding the provisions of Schedule "A" of By-law 1784 the minimum lot
frontage requirements for residential use of the lands referred to in Schedule "A-
1" annexed to this By-law shall be
30.5 m.
(2-A)
PART OF LOT 35, CONCESSION 1
545 AND 575 LAKERIDGE ROAD SOUTH
(a)
That notwithstanding the provisions of Section 11(a) of By-law 1784 the lands
referred to in subsection (b) of this By-law may be used for single family detached
dwellings and the restrictive provisions of Section 11(a)(i) and 11(a)(vii) of said By-law
1784 shall not apply to such lands.
(b)
The lands referred to in subsection (a) are described as that Part of Lot 35,
Concession 1, of the Town of Whitby as outlined on Schedule "A-1" annexed to this
By-law.
(2-C)
DUNDAS STREET EAST - PART OF LOT 21, CONCESSION 1
Repealed by By-Law Amendment 4610-00
(2-D)
PART OF LOT 25, CONCESSION 9
590 MYRTLE ROAD WEST
Repealed by By-law Amendment 6600-12
(2-E)
PART OF LOT 21, CONCESSION 4
4700 THICKSON ROAD NORTH
Repealed by By-law Amendment 5312-03
Repealed by By-law Amendment 5956-07
(2-F)
PART OF LOTS 19 and 20, CONCESSION 5
5290 GARRARD ROAD
(a)
(i)
For the purpose of this subsection
"FAIRGROUND" shall mean a place used for exhibiting, displaying, selling
or buying agricultural animals, agricultural produce or agricultural machinery
and the racing of horses and agricultural animals and the holding of contests
involving the use of agricultural machinery.
(ii)
For the purpose of this subsection
"TRACK" shall mean a place for the exhibiting, displaying or racing of
horses or agricultural animals and the holding of contests involving the use
of agricultural machinery.
(373-76)
(422-76)
(454-77)
(474-77)
(574-77)
(5312-03)
(794-79)
By-law 1784
Section 12-54
(iii)
For the purpose of this subsection
"BUILDING" or "STRUCTURE" shall mean anything that is erected, built or
constructed of parts joined together and shall include a grandstand, a
midway, a trailer parking area, a staging area and a track.
(b)
In addition to the provisions of Subsection (a) of Section 11 of By-law 1784 and
notwithstanding the provisions thereof, the lands outlined and hatched in black on
Schedule "A-1" annexed to this By-law may be used for the purpose of a Fairground
provided that no building or other structure may be used, erected, altered, located or
otherwise placed on the said lands unless such building or structure is to be used for
a purpose ancillary to the operation of the Fairground and in particular for any one or
more of the following ancillary purposes, namely;
(i)
Administrative Building
(ii)
Facilities to show agricultural animals, including; exercise and show ring or
track and ancillary spectator facilities;
(iii)
Display Buildings for showing agricultural implements and ancillary
commercial displays;
(iv)
Entertainment and food dispensing facilities;
(v)
Midway,
PROVIDED THAT the fairground, including entertainment and midway facilities will
not operate more than 14 days during a calendar year, except for those uses now
permitted under Section 11(a) of By-law 1784.
(c)
No person shall use, erect, alter, locate or otherwise place any building or structure
on the said lands outlined and hatched in black on Schedule "A-1" annexed to this
By-law except in accordance with the zone requirements set forth for "Farming" in an
Agricultural Zone in Schedule "A" to By-law 1784.
(2-G)
NORTHEAST CORNER OF DUNDAS STREET AND THICKSON ROAD
(a)
For the purposes of this subsection the zone designation "AS-CW" is hereby
established to define a zone wherein the permitted use of the lands and premises
within such is an Automobile Service Station operated in conjunction with a Car
Wash.
(b)
That Schedule "B" to By-law Number 1784 is hereby amended by changing the zone
designation to "AS-CW" of the lands designated as "AS-CW" on Schedule "A-1"
annexed to this -law.(c)No person shall use the property or erect or alter or use any
building or structure in the "AS-CW" Zone designated on Schedule "A-1" annexed to
this By-law except in accordance with the following use and zone provisions:
(i)
USE PERMITTED
-
automobile service station including a car wash.
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
36.5 m
(b)
LOT DEPTH
Minimum
53.5 m
(597-77)
By-law 1784
Section 12-55
(c)
LOT COVERAGE
Maximum
30%
(d)
FRONT YARD
Minimum
15 m
(e)
EXTERIOR SIDE YARD
Minimum
15 m
(f)
INTERIOR SIDE YARD
Minimum
10.5 m
(g)
REAR YARD
Minimum
10.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
15% of the lot area
(i)
HEIGHT OF BUILDING
Maximum
9.5 m
(j)
CANOPY LOCATION
Notwithstanding any other provisions of this By-law to
the contrary, a canopy may be located in any yard
provided that the minimum distance between any
portion of the canopy and any lot line shall be
6.0 m
(k)
PUMP ISLAND LOCATION
Notwithstanding any of the provisions of this By-law to
the contrary, a pump island may be located in any
yard provided that the minimum distance between any
portion of a pump island and any lot line shall be
6.0 m
(l)
PARKING
Notwithstanding any other provisions of this By-law to
the contrary, the minimum number of parking spaces
provided shall be
10
(m)
PLANTING STRIPS
Notwithstanding any other provisions of this By-law to
the contrary, planting strips shall be provided in
accordance with the following provisions:
(i)
the minimum width shall be
3.0 m
(ii) planting strips shall be located adjacent to all
property lines except in those areas used as
driveways
(n)
DRIVEWAYS
Notwithstanding any other provisions of the By-law to
the contrary the following provisions shall apply
By-law 1784
Section 12-56
(i)
the maximum width of the driveway measured
along the property line shall be
10.5 m
(ii) the minimum distance between the closest points
of adjacent driveways measured along the
property line shall be
9.0 m
the minimum distance between an intersection
and the closest point of a driveway measured
along the intersection of the street lines shall be
15 m
(iii) the minimum distance between an interior side or
rear lot line and the closest point of an adjacent
driveway measured along the property line shall
be
3.0 m
(o)
LOCATION OF KIOSK
Notwithstanding any other provisions of the By-law to
the contrary the minimum distance between the kiosk
and any lot line shall be
10.5 m
(p)
CAR WASH - AUTOMOBILE STORAGE AREAS
For an automatic tunnel car wash, the number of
spaces required at the point of ingress to the car
wash shall be
25 spaces
(q)
For the purpose of interpretation the following definitions shall
apply.(Where there is a conflict between the definitions hereinafter
set forth and those contained in Section 2 of By-law 1784, the
definitions contained herein shall take precedence).
(i)
"AUTOMOBILE SERVICE STATION" means a building or
place where motor vehicle fuel, oil, grease or other related
products are kept for sale, where minor repairs may be
performed and where motor vehicles may be greased and
oiled.
(ii) "CANOPY" means an unenclosed structure designed and
located in a manner so as to provide shelter and protection
over a pump island or a group of pump islands.
(iii) "KIOSK" means a building or structure having a gross floor
area not in excess of 37 m2 and used for the housing of
recording and supervising equipment related to the operation
of a gas bar, for the storing of products kept for sale relating to
a gas bar and for washroom facilities to be used in conjunction
with a gas bar.
(iv) "WAITING SPACE" means an area of not less than 15 m2,
exclusive of any aisles or ingress or egress lanes having a
perpendicular width of 2.5 m and a perpendicular length of 6.0
m, to be used by motor vehicles awaiting access to a car wash.
By-law 1784
Section 12-57
(2-H)
PART OF LOT 22, CONCESSION 7
7805 DUFFS ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, the lands shown on
Schedule "A-1" annexed to By-law # 2670-89 and designated thereon as the "Subject
Property" may be used for a single family dwelling, provided that any such dwelling
created on said lands shall be used and occupied by the bonafide farmer as a
personal residence in order to comply with the intent of Section 11.2.6(a) of the
Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A" residential
(other than farming) and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" pursuant to Subsection (a)
above except where inconsistent with the following:
REAR YARD
Minimum
4.5 m
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(2-I)
PART OF LOT 21, CONCESSION 8
8080 BALDWIN STREET NORTH
(a)
Notwithstanding the provisions of subsection (a) of Section 11A of By-law 1784, no
person shall hereafter use the lands designated as the "Subject Property" on
Schedule "A-1" annexed to this By-law or erect or use any building or structure
thereon except for the restoration and sale of antique and classic automobiles and
specialized auto tuning provided that:
(i)
No building or other structure may be used, erected, altered, located or
otherwise placed on the said lands unless such building or other structure is
located as shown on Schedule "A-1" annexed to this By-law;
(ii)
Sixteen single parking spaces, 3 m x 6 m and ten double parking spaces, 3
m x 12 m shall be provided; and,
(iii)
No storage of goods or materials, including motor vehicles in any state of
repair, shall be permitted outside any building except that motor vehicles in
good running order may be parked in the parking spaces provided in
accordance with subsection (ii) hereof for the purposes of displaying them
for sale.
(iv)
The minimum lot area shall be 1.70 ha.
Where there is any inconsistency between the aforesaid provisions and the
provisions of Subsection (b) and (d) of Section 11A of the said By-law 1784,
the aforesaid provisions shall govern.
(b)
Notwithstanding the provisions of Section 12(a)(3)(B) of By-law 1784, any
development or redevelopment of the lands designated as the "Subject Property" on
Schedule "A-1" annexed to this By-law shall be in accordance with such development
agreements as are required by the provisions of Section 12(a) (1) and (2) of By-law
1784.
(2670-89)
(722-78)
By-law 1784
Section 12-58
(2-J)
PART OF LOT 26, CONCESSION 5
(a)
The residential node as outlined on Schedule "A-1" annexed to this By-law is hereby
identified as the residential node of "Robmar".
(b)
Schedule "B" to By-law Number 1784 is amended by changing the zone designation
to "G" of the lands so marked on Schedule "B-1" annexed to this By-law.
(c)
Notwithstanding the provisions of Section 11(a) of By-law Number 1784, no person
shall use any lot within the area designated as the "Subject Property" on Schedule "B-
1" annexed to this By-law or use, alter, erect, locate or otherwise place any building or
other structure thereon for any purpose except that of a single family residence.
(d)
The "Area Requirements" enacted by Section 11(b) of the said By-law Number 1784
shall apply to the said "Subject Property" except where inconsistent with the
requirements set forth hereunder in which case the requirements set forth hereunder
shall govern, namely:
(i)
Minimum lot area
0.2 ha
(ii)
Minimum lot frontage
30.5 m
(e)
The Provisions of Section 4(s) insofar as they relate to "lot frontage" do not apply to
the said "Subject Property".
(f)
The aforesaid non-farm residential use shall be serviced with a private drilled well
and a private waste disposal system which comply with the standards of the Ministry
of the Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise and shall comply with the Agricultural Code of Practice
as amended from time to time.
(2-L)
PART OF LOT 21, CONCESSION 2
(a)
That Schedule "B" to By-law Number 1784 is hereby amended by changing the zone
designations of that portion of the "Subject Lands" as shown on Schedule "A-1"
attached hereto and hatched diagonally thereon to "C-2".
(b)
That Zone Requirements of Schedule "A" to By-law Number 1784 designated as "C-
2" and the general provisions of Section 4 of the said By-law Number 1784 shall apply
to any Development on the "Subject Lands" except where inconsistent with the
following, in which case the following shall govern:
(i)
Minimum Exterior Side Yard
8.0 m
(ii)
Minimum Landscaped Open Space
5.5% of the lot area
(iii)
The provisions of Section 4(n)(x) Paragraph One shall not apply.
(2-M)
PART OF LOT 28, CONCESSION 4
Repealed by By-Law Amendment 2906-90
(2-N)
PART OF LOT 22, CONCESSION 1
Repealed by By-Law Amendment 2235-87
(2-O)
FORMER K-MART PLAZA
1801 DUNDAS STREET EAST
Repealed by By-law Amendment 2265-87
That Schedule "B" to By-law 1784 is hereby amended by changing the zone designation of the
"Subject Property" as shown on Schedule "A-1" annexed to this By-law to "C1".
(721-78)
(896-79)
(919-79)
(1024-80)
(952-80)
(1018-80)
(1357-82)
(2170-87)
By-law 1784
Section 12-59
(a)
No person shall use any lot, erect, alter or use any building or structure on the lands
shown on Schedule "A-1" annexed to this By-law as "Subject Property" and
designated thereon "C1" except in accordance with the following provisions:
(i)
USES PERMITTED
A shopping centre containing one or more or all of the uses hereinafter
specified, provided that such uses are carried on wholly within an enclosed
building or buildings.
-
automobile service shop if ancillary to the existing department store
located on the subject property
-
motor vehicle rental
-
Offices
-
places of entertainment and assembly
-
retail stores and personal service establishment
(ii)
ZONE PROVISIONS
(a)
Gross Leasable Area
16,722 m2
(b)
No open storage of goods or materials shall be
permitted on the "Subject Property" designated as
"C1" on Schedule "A-1" annexed to this By-law
provided that nothing herein shall preclude the
operation of an outdoor garden centre on the subject
property if it is ancillary to a permitted use.
(c)
Notwithstanding anything to the contrary of By-law
1784, an eating establishment shall have a minimum
setback from Kendalwood Road of
37 m
(iii)
In applying the provision of (i) aforesaid, the following definitions shall apply
and where there is a conflict between such definitions set forth elsewhere in
By-law 1784, the following shall govern:
(a)
"GROSS LEASABLE AREA" means the aggregate of the
horizontal areas of each floor within a building or structure whether
any such floor is above or below grade, calculated by measuring
from centre line to centre line of all interior dividing walls and from
the exterior face of store fronts and other perimeter walls, including
outer building walls and walls adjoining corridors or other common
areas excluding, however, a basement area and mezzanine space
used exclusively for storage, mechanical, electrical and elevator
machine rooms, exterior truck loading facilities, common
walkways/stairways and interior pedestrian mall spaces.
(b)
"OFFICES" means one or more of the following uses namely,
office but does not include such uses as an art studio, medical
office, dental office, drugless practitioner's office, law office, real
estate office and a travel agency.
(c)
"PERSONAL SERVICE ESTABLISHMENT" means a building or a
portion of a building used to provide direct service to the public
which shall include: a medical office, a clinic, a bank, a trust
company or similar financial institution, a drugless practitioner, a
law office, a real estate office, a travel agency, a tailor's shop, a
barber shop, a beauty salon, a shoe repair, a dry cleaner's
distribution station, a dry cleaning establishment, an eating
establishment, a family restaurant and a school of dance, art or
music.
(1980-86)
(6776-13)
(6776-13)
(6776-13)
By-law 1784
Section 12-60
(d)
"PLACES OF ENTERTAINMENT AND ASSEMBLY" means one
or more of the following uses, namely, a motion-picture theatre,
concert hall, dance hall, billiard or pool room, bowling alley,
gymnasium, health club or community hall.
(e)
"MOTOR VEHICLE RENTAL" means a building or part of a
building utilized for the purpose of providing an office in conjunction
with the rental of motor vehicles. The maximum number of motor
vehicles kept for rent shall not exceed 15 with 5 of the total being
comprised of trucks. The storage of said rental motor vehicles shall
be restricted to either the interior side or rear yards. A motor
vehicle rental shall not include the sale of motor vehicles.
(2-P)
PART OF LOT 21, CONCESSION 8
(a)
Subject to the provisions of Subsection (b) hereof and notwithstanding the provisions
of Section 11(a) of By-law 1784, the lands shown on Schedule "A-1" annexed to this
By-law and designated thereon as the "Subject Lands" may be used for the following
additional use, namely, a custom meat cutting service PROVIDED THAT and
notwithstanding anything herein or in By-law 1784 to the contrary all meat cut on the
subject lands shall be and remain the property of the customer and shall be returned
to the same customer once cut and no sale of meat or other goods or products is
permitted on the subject lands either directly or indirectly.
(b)
The Zone Requirements of Schedule "A" to By-law 1784 and the general provisions
of Section 4 of the said By-law 1784 shall apply to any Development on the "Subject
Lands" pursuant to Subsection (a) hereof except where inconsistent with the
following, in which case the following shall govern:
(i)
Maximum Floor Space Area
149 m2
(ii)
Minimum Interior Side Yard
27.5 m
(iii)
Distance from centre line of Highways 7 and 12
to building line
46 m
(2-Q)
PART OF LOT 20, CONCESSION 4
(a)
Subject to the provisions of Subsection (b) hereof and notwithstanding the provisions
of Section 11(a) of By-law 1784, the lands shown on Schedule "A-1" annexed to this
By-law and designated thereon as the "Subject Lands" may be used for the following
additional use namely, a single family detached residence, PROVIDED THAT such
residence is used and occupied as a single family residence in accordance with the
provisions of Section (12.2.3c) of the Official Plan of the Regional Municipality of
Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A residential
(other than farming)" and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Lands" pursuant to Subsection (a)
hereof, except where inconsistent with the following in which case the following shall
govern:
(i)
Notwithstanding the provisions of By-law 1784 to the contrary, there shall be
no direct access to or from the "Subject Lands" from and to Thickson Road
and access to and from the said lands shall be by way of Easement or Right-
of-Way over the abutting property to the north of the "Subject Lands" from
and to the existing access point thereon to Thickson Road.
(2-R)
MANNING MEWS
(a)
Subject to the provisions of Subsection (b) hereof and notwithstanding the provisions
of Section 5(a) (i) of By-law 1784, the lands shown on Schedule "A-1" annexed to this
(1980-86)
(932-79)
(959-80)
(1014-80)
By-law 1784
Section 12-61
By-law and designated thereon as the "Subject Lands" may be used for the following
additional use, namely a multi-unit residential development comprising not more than
5 detached residential buildings, each of which contain not more than 8 dwelling
units, provided that the total number of dwelling units thereon shall not exceed 24 in
all.
(b)
The zone requirements of Schedule "A" to By-law 1784 and the general provisions of
Section 4 of said By-law 1784 shall not apply to any development on the "Subject
Lands" pursuant to Subsection (a) hereof and in their stead the following zone
requirements shall govern:
(i)
LOT FRONTAGE
Minimum
61 m
(ii)
LOT AREA
Minimum
4000 m2
(iii)
LOT COVERAGE
Maximum for all buildings
20% of the lot area
(iv)
FLOOR SPACE INDEX
Maximum
0.35
(v)
FRONT YARD
Minimum
13 m
(vi)
REAR YARD
Minimum
6.0 m
(vii)
INTERIOR SIDE YARD
Minimum
1.5 m
(viii)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(ix)
HEIGHT OF BUILDINGS
Maximum
9.0 m
(x)
PARKING
Minimum
16 spaces
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply:
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling house (excluding garage, carport, basement, and cellar) to the total
lot area.
(ii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
By-law 1784
Section 12-62
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(v)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(2-S)
PART OF LOT 26, CONCESSION 4
FORMER FAMILY KARTWAY
Repealed by By-law Amendment 6600-12
(2-T)
PART OF LOT 29, CONCESSION 2
Repealed by By-law Amendment 6600-12
(2-U)
LOT 54, CAMPBELL AND WAY PLAN
53 BALDWIN STREET
Repealed by By-law Amendment 6600-12
(2-V)
PART OF LOT 23, CONCESSION 8
8490 DUFFS ROAD
(a)
Subject to the provisions of Subsection (b) hereof and notwithstanding the provisions
of Section 11(a) of By-law 1784, the lands shown on Schedule "A-1" annexed to this
By-law and designated thereon as the "Subject Lands" may be used for the following
additional use; namely: a single family detached residence.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A-Residential
(other than farming)" and the general provisions of Section 4 shall apply to the said
"Subject Lands" pursuant to Subsection (a) hereof, except where inconsistent with the
following, in which case the following shall govern:
(i)
Minimum Lot Frontage
73.05 m
(ii)
Minimum Lot Area
0.6 ha
(2-W)
PART OF LOT 23, CONCESSION 8
8170 DUFFS ROAD
(a)
Subject to the provisions of Subsection (b) hereof and notwithstanding the provisions
of Section 11(a) of By-law 1784, the lands shown on Schedule "A-1" annexed to this
By-law and designated thereon as the "Subject Lands" may be used for the following
additional use, namely: a single family detached residence, PROVIDED THAT such
residence is used and occupied as a single family residence in accordance with the
provisions of Section 11.2.6(a) of the Official Plan of the Regional Municipality of
Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A residential
(other than farming)" and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "subject lands" pursuant to Subsection (a)
hereof, except where inconsistent with the following in which case the following shall
govern:
(i)
Minimum Lot Frontage
46.4 m
(ii)
Minimum Lot Area
0.28 ha
(994-80)
(1016-80)
(1040-80)
(1063-80)
(1072-80)
By-law 1784
Section 12-63
(2-X)
WHITBY MALL
1615 DUNDAS STREET EAST
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations of the "Subject Lands" as shown on Schedule "A-1" annexed to this By-
law from "C-1", "R-2" and "G" to "C-1-B".
(b)
No person shall use any lot, erect, alter or use any building or structure on the lands
shown on Schedule "A-1" annexed to this By-law as the "Subject Lands" and
designated thereon "C-1-B" except in accordance with the following provisions:
(i)
USES PERMITTED
A shopping centre containing one or more or all of the uses hereinafter
specified, provided that such uses are carried on wholly within an enclosed
building or buildings:
-
Offices
-
one automobile service shop if ancillary to the existing department store
situate on the said lands
-
places of entertainment and assembly
-
retail stores and personal service establishment
(ii)
ZONE PROVISIONS
(a)
Floor space for retail stores and
personal service establishment
Maximum
16,165 m2
(b)
Floor space for retail stores personal service
establishment, offices and places of entertainment
and assembly combined Maximum
21,835 m2
(c)
GROSS FLOOR AREA
Maximum
32,985 m2
(d)
LOT COVERAGE
Maximum
25% of lot area
(e)
LANDSCAPED AREA
Minimum
10% of lot area
(f)
PARKING SPACES
Minimum
1,490 spaces
(g)
LOT AREA
Minimum
8 ha
(h)
Floor space for automobile service shop
Maximum
280 m2
(iii)
No open storage of goods or materials shall be permitted on the "Subject
Lands" designated as "C-1-B" on Schedule "A-1" annexed to this By-law,
provided that nothing herein shall preclude the operation of an outdoor garden
centre on the subject lands if it is ancillary to the existing department store
situate on the said lands and the space allocated thereto does not exceed 500
m2.
(1095-80)
(6776-13)
(5391-04)
(6776-13)
(6776-13)
By-law 1784
Section 12-64
(iv)
DEFINITIONS
In applying the provisions of Section (i), (ii) and (iii) aforesaid, the following
definitions shall apply and where there is a conflict between such definitions
and the definitions set forth elsewhere in By-law 1784, the following shall
govern:
(a)
"AUTOMOBILE SERVICE SHOP" means a part of a building used
for the repair and servicing of motor vehicles and shall include the
sale of oil, parts or accessories for such motor vehicles but shall not
include the sale of gasoline or a motor vehicle paint and body shop.
(b)
"PLACES OF ENTERTAINMENT AND ASSEMBLY" means one
or more of the following uses, namely, a motion picture theatre,
concert hall, dance hall, billiard or pool room, bowling alley,
gymnasium, health club, or community hall.
(c)
"FLOOR SPACE" means the total area of all floor levels of a
building which is used for a purpose permitted herein but does not
include that portion of any building which is used for an interior
pedestrian walkway, or used for the sole purpose of the storage of
goods, wares and merchandise, or those areas used for the
provision of heat, air conditioning, washrooms, parking areas,
exterior perimeter walls, stairways and elevators or other similar
facilities required to service the building.
(d)
"GROSS FLOOR AREA" means the aggregate of the horizontal
areas of each floor, whether such floor is above or below grade,
measured between the exterior faces of the exterior walls of the
building or the level of each floor except that in the case of a
multiple storey building the area of the exterior walls shall only be
included once.
(e)
"OFFICES" means one or more of the following uses namely,
office but does not include such uses as an art studio, medical
office, dental office, drugless practitioner's office, law office, real
estate office and a travel agency.
(f)
"PARKING SPACE" means an area for the parking of vehicles with
a minimum width of 2.75 m, a minimum length of 6 m and a
minimum area of 16.5 m2.
(g)
"PERSONAL SERVICE ESTABLISHMENT" means a building or a
portion of a building office, a bank, a trust company or similar
financial institution, a drugless practitioner, a law office, a real
estate office, a travel agency, a tailor's shop, a barber shop, a
beauty salon, a shoe repair, a dry cleaner's distribution station, an
eating establishment, a family restaurant and a school of dance, art
or music.
(h)
"SHOPPING CENTRE" means a group of permitted non-residential
uses designed, developed and managed as a unit by a single
owner or tenant or group of owners or tenants as opposed to a
business area comprising unrelated individual uses and may
include pedestrian walkways, storage areas, areas for the provision
of heat, air conditioning, washrooms, parking areas, stairways,
elevators and other similar uses required to service the building or
buildings and permitted uses.
(i)
"SUPERMARKET" means a food store having Floor Space in
excess of 745 m2.
(6776-13)
(1601-83)
(6776-13)
By-law 1784
Section 12-65
(2-Y)
PART OF LOT 26, CONCESSION 3 (WHITBY AUTO WRECKERS)
Repealed by By-law Amendment 6600-12
(2-Z)
PART OF LOT 18, CONCESSION 2
1912 DUNDAS STREET EAST
Repealed by By-law Amendment 6600-12
(3-A)
PART OF LOT 20, CONCESSION 4 (MILLER PAVING)
4615 THICKSON ROAD NORTH
(a)
No person shall use any lot or erect or alter or use any building or structure on the
lands zoned "M-AC" and marked the "Subject Lands" on Schedule "A-1" annexed to
By-law # 3872-96 to except in accordance with the following permitted uses and zone
provisions.
M-AC - ASPHALT AND READY-MIX CONCRETE PLANT
(i)
USES PERMITTED
(a)
BUFFER AREA:
The "Buffer Area" as indicated on Schedule "A-1" to By-law # 3872-
96 shall be used for no purpose other than landscaping, including
land conservation, drainage facilities and driveway access;
(b)
RELATED USE AREA:
The "Related Use Area" as indicated on Schedule "A-1" to By-law #
3872-96 shall be used for no purpose other than any one or more
of the following:
-
aggregate stockpiling
-
any use permitted in the "Buffer Area
-
bituminous material storage tanks and fuel oil storage tanks used
directly for the operation of a contractor's yard provided that such
tanks are constructed or otherwise located on a specially prepared
pad contained around the perimeter by berms as required under
the Environmental Protection Act, R.S.O. 1990, c. E.19, as
amended, or such other statute, regulation, or by-law as may relate
thereto and provided further that no oil storage tank or bituminous
material storage tank for the storage of materials used directly for
the operation of an asphalt plant shall be located within the Related
Use Area, such tanks being permitted only in the Asphalt Ready-
Mix Concrete Plant Area as hereinafter defined
-
dwelling for a caretaker, watchman or other similar person
employed on the property
-
employee and visitor parking area
-
heating and power plant
-
office
-
road contractor's yard
-
service and repair shop
-
weigh scale
It being understood that none of the aforesaid uses, save and
except a road contractor's yard, shall be permitted on the said lands
unless such use is accessory to the operation of an asphalt plant,
or a road contractor's yard.
(1096-80)
(1114-81)
(1117-81)
(3872-96)
By-law 1784
Section 12-66
(c)
ASPHALT AND READY-MIX-CONCRETE PLANT AREA
The "Asphalt and Ready-Mix Concrete Plant Area" as indicated on
Schedule "A-1" to By-law # 3872-96 shall be used for no purpose
other than,
-
any use permitted in the "Related Use Area"
-
asphalt plant
-
oil storage tanks and bituminous material storage tanks for the
storage of materials used directly for the operation of an
asphalt plant, provided that such tanks are constructed or
otherwise located on a specially prepared pad contained
around the perimeter by berms as required under the
Environmental Protection Act, R.S.O. 1990, c. E. 19, as
amended or such other statute, regulation, or by-law as may
relate thereto
-
ready-mix concrete plant which shall include, but not be limited
to, aggregate storage bins, conveyor belt systems, water
storage, an aggregate hopper, storage for concrete additives, a
cement powder pump room, an office/staff facilities structure
and a truck wash station
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
280 m
(b)
LOT AREA
Minimum
7.0 ha
(c)
FRONT YARD
Minimum Depth
15 m
(d)
REAR YARD
Minimum Depth
75 m
(e)
INTERIOR SIDE YARD
Minimum Width
10.0 m
(f)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(iii)
DEFINITIONS
In applying the provisions of Subsections (i) and (ii) aforesaid, the following
definitions shall apply and where there is a conflict between such definitions
and the definitions set forth elsewhere in By-law # 1784, as amended, the
following shall govern:
(a)
"AGGREGATE STOCKPILING" means the outside storage of
aggregates that require no further processing, including reclaimed
asphalt pavement and material handling equipment used to
transport such products.
(b)
"ASPHALT PLANT" means equipment designed to dry aggregate
material and to mix the aggregate material with bituminous material
and includes such structures as storage tanks as permitted in
clause (i)c) hereof and stackers and conveyors.
By-law 1784
Section 12-67
(c)
"READY-MIX CONCRETE PLANT" means equipment designed to
mix together to produce concrete, sand, stone and water which
includes the storage of the aggregate material, storage of water
and powdered cement as permitted in clause (i)c) hereof.
(d)
"ROAD CONTRACTOR'S YARD" means an area used for the
parking and storage of trucks, rollers, graders, paving equipment,
road sprayers, service vehicles and other equipment used in the
construction and repair of roads.
(e)
"SERVICE AND REPAIR SHOP" means a building or buildings or
any portion thereof used as a shop for the service, repair and
storage of equipment used in the operation of an asphalt and
ready-mix concrete plant and road contractor's yard.
(f)
"LANDSCAPING" means grading and planting and shall include
fencing, berming and other forms of screening.
(g)
"OFFICE" means a building or part of a building used as an office
directly related to the operation of an asphalt plant and ready-mix
concrete plant and road contractor's yard and shall include a sales
outlet for material stored or produced on the site of such asphalt
plant.
(3-B)
PART OF LOT 21, CONCESSION 2
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R-2-A", "R-3-B", "R-4-B", "D", and "G" on the lands so marked "R-2-
A", "R-3-B", "R-4-B", "D", and "G" on Schedule A-1 annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
"R-2-A" - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
435 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FRONT YARD
Minimum
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6 m
(1158-81)
By-law 1784
Section 12-68
(f)
REAR YARD
Minimum
7.6 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
10.0 m
Except where this 0.3 m reserve abuts a street having
a planned width of 30 m of more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above:
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
PARKING
In accordance with Section (f) of this By-law.
(c)
No person shall use any lot or erect or alter or use any building or structure in any "R-
3-B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
"R-3-B" - SINGLE FAMILY SEMI-DETACHED DWELLING HOUSES
(i)
USE PERMITTED
-
semi-detached dwelling houses
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
(b)
LOT DEPTH
Minimum
30 m
By-law 1784
Section 12-69
(c)
LOT AREA
Minimum
280 m2 each dwelling unit
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FRONT YARD
Minimum
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
9.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
12 m
except where this 0.3 m reserve abuts a street having
a planned width of 30 m or more, the minimum depth
is
15 m
(g)
INTERIOR SIDE YARD
(On the side of the dwelling house that is not attached to the
adjoining dwelling house)
Minimum width
1.0 m
Provided, however, and notwithstanding the above:
(a)
The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b)
The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c)
Where no garage or carport facilities are
provided on the lot then the minimum width of
the interior side yard shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
PARKING
In accordance with Section (f) of this By-law.
By-law 1784
Section 12-70
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R-4-B" Zone on Schedule "A-1" annexed to this By-law except in accordance with
the following uses and zone provisions.
"R-4-B" - SINGLE FAMILY TOWN HOUSE DWELLING
(i)
USE PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
6.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
190 m2
(d)
LOT COVERAGE
Maximum for all buildings
50% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.65
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
7.6 m
Except in the case of the rear yard abutting a 0.3 m
reserve, the minimum depth is
10.0 m
(h)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the interior side yard shall be a
minimum width of
1.0 m
Provided, however, and notwithstanding the above:
(a)
the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b)
the exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(i)
EXTERIOR SIDE YARD
Minimum Depth
4.0 m
By-law 1784
Section 12-71
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(l)
SITE PLANS
No buildings shall be erected on any lot except in accordance with
a site plan prepared by an architect and approved by the Town of
Whitby showing the exterior architectural design and location of
such dwellings or other buildings on the lot.
(m)
PARKING
In accordance with Section (f) of this By-law.
(e)
Repealed by By-law Amendment 6600-12
(f)
PARKING AREA REQUIREMENTS
The provisions of Section 4 (n) of By-law 1784 shall not apply to any residential
development referred to in this By-law and instead the following provisions shall
apply:
(i)
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant, or other person entering upon or making use of the
said premises from time to time, parking spaces and areas as follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All residential uses
2 spaces for each dwelling unit
(ii)
"PARKING SPACE" means an area of not less than 18.5 m2 with a
minimum perpendicular width of 2.75 m and a minimum perpendicular length
of 6 m for the parking of motor vehicles.
(iii)
LOCATION OF PARKING SPACES
(a)
Parking space for all residential uses may be located in a private
garage, private driveway, or private carport.
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall be used for the
parking of passenger vehicles only and shall not be used for the parking or
storage of any commercial motor vehicles in excess of .46 tonne capacity.
(v)
The distance between the intersection of street lines and the nearest
driveway entrance shall be at least 7.5 m.
By-law 1784
Section 12-72
(g)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling house (excluding garage, carport, basement and cellar) to the total
lot area.
(ii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"SINGLE FAMILY SEMI DETACHED DWELLING" means one of a pair of
two attached single family dwellings with a common party wall (either above
or below grade) dividing the pair of family dwellings vertically, each of which
has an independent entrance from the outside.
(v)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a group of
not more than eight single family dwelling houses but not less than three
single family dwelling houses attached to each other by a common party wall
(either above or below grade) dividing the dwelling house vertically, each of
which dwelling house
(a)
has separate front and rear entrances or separate front and side
entrances; and
(b)
contains a private garage within each dwelling house.
(vi)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth:
(a)
ORNAMENTAL STRUCTURES
sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 0.9 m provided that in the case of porches, steps or patios such
uses are not more than 1 m above grade.
By-law 1784
Section 12-73
(d)
PRIVATE GARAGES
In a Residential Zone an attached or detached private garage,
carport or other accessory building may be erected and used in the
interior side or rear yard provided that (1) when such accessory
building is located in an interior side yard, it shall be no closer than
1.0 m to the interior side lot line except where a mutual garage is
erected on the common lot line between two lots, in which case no
interior side yard is required, (2) when such accessory building is
located in the rear yard no yard is required except in the case
where the rear lot line would be the side lot line of the adjoining lot
in which case such accessory building shall be no closer than 1.0 m
to that portion of the rear lot line which adjoins the interior side yard
of the adjoining lot if such lot is built upon or which adjoins the
required interior side yard of the adjoining lot if such lot is vacant,
and (3) in no case shall an accessory building be located closer
than 6 m to any street line.
(vii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower steeple or television
antenna.
(viii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(ix)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(x)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(3-C)
35 BRAWLEY ROAD WEST
Notwithstanding paragraph (vii) of Section 11, Subsection (a) of By-law 1784, one single family
residential dwelling shall be permitted on those lands outlined and marked as "Subject
Property" on Schedule "A-1" annexed to this By-law in accordance with the provisions of
schedule "A", Residential (other than farming) to By-law 1784.
(2)
Notwithstanding the front yard setback provisions of Schedule "A"
Residential (other than farming) for the "Subject Property" as referred to
in the paragraph (1) above, the minimum front yard set back for a single
family dwelling shall be
23.2 m
(1169-81)
(1863-85)
By-law 1784
Section 12-74
(3-D)
LOTS 247-252, 262-539, REGISTERED PLAN M-1180
(i)
Notwithstanding the provisions of By-law 1784 as amended to the contrary, the lot
coverage and floor space index for the 'R2A' Zone as outlined on Schedule "A-1"
annexed to this By-law is as follows:
(a)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(b)
FLOOR SPACE INDEX
Repealed by By-law Amendment 1643-84
(ii)
Notwithstanding the provisions of By-law 1784 as amended to the contrary, the lot
coverage and floor space index for the 'R3B' Zone outlined on Schedule "A-1"
annexed to this By-law is as follows:
(a)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(b)
FLOOR SPACE INDEX
Repealed by By-law Amendment 1643-84
(iii)
Notwithstanding the provisions of By-law 1784 as amended to the contrary, the lot
coverage and floor space index for the 'R3A' Zone as outlined on Schedule "A-1"
annexed to this By-law is as follows:
(a)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(b)
FLOOR SPACE INDEX
Repealed by By-law Amendment 1643-84
(3-E)
PART OF LOT 20, CONCESSION 3
1600 ROSSLAND ROAD EAST
(a)
Notwithstanding the provisions of Section 7B(2)(g) of By-law 1784 the minimum rear
yard of the lands outlined on Schedule "A-1" annexed to this By-law shall be 4 m.
(b)
No person shall use any lot or erect, alter or use any building or structure for the
purpose of a car wash unless the lot is served by a public water supply and sanitary
sewers.
(3-F)
LOT 22, CONCESSION 2 - COZMEK INVESTMENTS LIMITED SUBDIVISION
(a)
That Schedule "B" to By-law Number 1784 is hereby amended by changing the zone
designation to "R-2-A" and "G" of the lands so marked "R-2-A" and "G" on Schedule
"A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
"R-2-A" - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(1170-81)
(1186-81)
(1193-81)
By-law 1784
Section 12-75
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.35
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 30 m or more, the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back a
minimum distance from the exterior side yard lot line
6.0 m
Except in the case of an exterior side yard abutting a
street or a 0.3 m reserve where the adjoining street
has a planned width of 30 m or more, the minimum
width is
7.5 m
By-law 1784
Section 12-76
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of subsection (c) hereunder
(c)
PARKING AREA REQUIREMENTS
The provisions of Section 4(n) of By-law 1784 shall not apply to any residential
development referred to in this By-law and instead the following provisions shall
apply:
(i)
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant, or other person entering upon or making use of the
said premises from time to time, parking spaces and areas as follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All Residential Uses
2 spaces for each dwelling unit
(ii)
"PARKING SPACE" means an area of not less than 18.5 m2 with a
minimum perpendicular width of 2.75 m and a minimum perpendicular length
of 6 m for parking of motor vehicles.
(iii)
LOCATION OF PARKING SPACES
(a)
Parking space for all residential uses may be located in a private
garage, private driveway, or private carport.
(b)
The distance between the intersection of a street line and the
nearest driveway entrance shall be at least 7.5 m
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall be used for the
parking of passenger vehicles only and shall not be used for the parking or
storage of any commercial motor vehicle in excess of 0.46 tonne capacity.
(d)
For the purpose of the interpretation of the various zone provisions set forth in
subsection (b)(ii) above, the following definitions shall apply. (Where there is a
conflict between the definitions hereinafter set forth and those referred to in Section 2
of By-law 1784, then the definitions hereinafter set forth shall take precedence.)
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(iii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(iv)
"HEIGHT" and "HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building and,
By-law 1784
Section 12-77
(a)
In the case of a flat roof, the highest point of the roof surface or the
parapet whichever is the greatest;
(b)
in the case of a mansard roof, the deck roof line and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and ridges exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(v)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(vi)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(vii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth:
(a)
Sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters, or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
Drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
Unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 1.0 m provided that in the case of porches, steps or patios such
uses are not more than 1.2 m above grade.
(d)
PRIVATE GARAGES
In a Residential Zone an attached or detached private garage,
carport or other accessory building may be erected and used in the
interior side or rear yard provided that (1) when such accessory
building is located in an interior side yard, it shall be no closer than
1.2 m to the interior side lot line except where a mutual garage is
erected on the common lot line between two lots, in which case no
interior side yard is required, (2) when such accessory building is
located in the rear yard no yard is required except in the case
where the rear lot line would be the side lot line of the adjoining lot
in which case such accessory building shall be no closer than 1.2 m
to that portion of the rear lot line which adjoins the interior side yard
of the adjoining lot if such lot is built upon or which adjoins the
required interior side yard of the adjoining lot if such lot is vacant,
and (3) in no case shall an accessory building be located closer
than 6 m to any street line.
(viii)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping, and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
By-law 1784
Section 12-78
(3-G)
PARDO ESTATES LIMITED
(a)
That Schedule "B" to By-law Number 1784 is hereby amended by changing the zone
designations to "R-2-A" and "G" of the lands designated as "R-2-A" and "G" on
Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
"R-2-A" - SINGLE FAMILY DETACHED DWELLING
(i)
USE PERMITTED
-
single Family Dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.35
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.0 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
(a) Provided, however, and notwithstanding the
above(a)The exterior wall of the second storey of
any building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(1210-81)
By-law 1784
Section 12-79
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section (c) of this By-law
(c)
PARKING AREA REQUIREMENTS
The provisions of Section 4(n) of By-law 1784 shall not apply to any residential
development referred to in this By-law and instead the following provisions shall
apply:
(i)
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant, or other person entering upon or making use of the
said premises from time to time, parking spaces and areas as follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All residential uses
2 spaces for each dwelling unit
(ii)
"PARKING SPACE" means an area of not less than 18.5 m2 with a
minimum perpendicular width of 2.75 m and a minimum perpendicular length
of 6 m for the parking of motor vehicles.
(iii)
LOCATION OF PARKING SPACES
(a)
Parking space for all residential uses may be located in a private
garage, private driveway, or private carport.
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall be used for the
parking of passenger vehicles only and shall not be used for the parking or
storage of any commercial motor vehicles in excess of 0.46 tonne capacity.
(v)
The distance between the intersection of street lines and the nearest
driveway entrance shall be at least 7.5 m.
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling house (excluding garage, carport, basement and cellar) to the total
lot area.
By-law 1784
Section 12-80
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower steeple or television
antenna.
(iii)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(3-H)
PART OF LOT 23, CONCESSION 2
(a)
That Schedule "B" to By-law Number 1784 is hereby amended by changing the zone
designations to "R-2-A" and "G" of the lands so marked "R-2-A" and "G" on Schedule
"A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on the lands referred to in Schedule "A-1" annexed to this By-law except in
accordance with the following uses and zone provisions:
R-2-A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.35
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(1227-81)
By-law 1784
Section 12-81
(g)
REAR YARD
Minimum Depth
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve the minimum depth is
15 m.
Except where this 0.3 m reserve abuts a street having
a planned width of 30 m or more, the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Subsection (C) hereunder.
(c)
PARKING AREA REQUIREMENTS
The provisions of Section 4(n) of By-law 1784 shall not apply to any residential
development referred to in this By-law and instead the following provisions shall
apply:
(i)
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant, or other person entering upon or making use of the
said premises from time to time, parking spaces and areas as follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All Residential Uses
2 spaces for each dwelling unit
(ii)
"PARKING SPACE" means an area of not less than 18.5 m2 with a
minimum perpendicular width of 2.75 m and a minimum perpendicular length
of 6 m for the parking of motor vehicles.
By-law 1784
Section 12-82
(iii)
LOCATION OF PARKING SPACES
(a)
Parking space for all residential uses may be located in a private
garage, private driveway, or private carport.
(b)
The distance between the intersection of a street line and the
nearest driveway entrance shall be at least 7.5 m
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall be used for the
parking of passenger vehicles only and shall not be used for the parking or
storage of any commercial motor vehicle in excess of .46 ton capacity.
(d)
For the purpose of the interpretation of the various zone provisions set forth in
subsection (b)(ii) above, the following definitions shall apply. (Where there is a
conflict between the definitions hereinafter set forth and those referred to in Section 2
of By-law 1784, then the definitions hereinafter set forth shall take precedence.)
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(iii)
"HEIGHT AND HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building and,
(a)
In the case of a flat roof, the highest point of the roof surface or the
parapet whichever is the greatest;
(b)
in the case of a mansard roof, the deck roof line and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and ridges exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(v)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(vi)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth;
(a)
Sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters, or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
Drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
By-law 1784
Section 12-83
(c)
Unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 1.0 m provided that in the case of porches, steps or patios such
uses are not more than 1.2 m above grade.
(d)
PRIVATE GARAGES
In a Residential Zone an attached or detached private garage,
carport or other accessory building may be erected and used in the
interior side or rear yard provided that (1) when such accessory
building is located in an interior side yard, it shall be no closer than
1.2 m to the interior side lot line except where a mutual garage is
erected on the common lot line between two lots, in which case no
interior side yard is required, (2) when such accessory building is
located in the rear yard no yard is required except in the case
where the rear lot line would be the side lot line of the adjoining lot
in which case such accessory building shall be no closer than 1.2 m
to that portion of the rear lot line which adjoins the interior side yard
of the adjoining lot if such lot is built upon or which adjoins the
required interior side yard of the adjoining lot if such lot is vacant,
and (3) in no case shall an accessory building be located closer
than 6 m to any street line.
(vii)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping, and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(3-I)
PART OF LOT 27, CONCESSION 3
3100 BROCK STREET NORTH
Repealed by By-law Amendment 6600-12
(3-J)
PART OF LOT 26, CONCESSION 5
5020 BALDWIN STREET SOUTH
(a)
Notwithstanding the provisions of Section 11(a) of By-law Number 1784, no person
shall use any lot within the area designated as "Subject Property" on Schedule "A-1"
annexed to this By-law or use, alter, erect, locate or otherwise place any building or
other structure thereon for any purpose except that of a single family residence.
(b)
With respect to the above noted single family use in paragraph (a) the following zone
provisions shall apply:
ZONE PROVISIONS
(i)
LOT FRONTAGE
Minimum
18 m
(ii)
LOT AREA
Minimum
1672 m2
(iii)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(iv)
FRONT YARD
Minimum Depth
15 m from street line or
30 m from the centre line
of Highway #12 to the
building line; whichever is
the greater
(1240-81)
(1394-82)
By-law 1784
Section 12-84
(v)
INTERIOR SIDE YARD
Minimum Width
1.5 m
Provided, however and notwithstanding the above, where no
garage or carport facilities are provided on the lot then the
minimum width of one of the interior side yards shall be
4.9 m
Notwithstanding the above, the maximum distance between the north interior
side lot line and the exterior wall of any building or structure shall not exceed
the maximum excavation envelope as shown on Schedule "A-2" annexed to
this By-law.
(vi)
REAR YARD
Minimum Depth
10.0 m
(vii)
PARKING, ACCESSORY BUILDING, ETC.
In accordance with the provisions of Section 4 of By-law 1784.
(c)
The provisions of Section 4(s) insofar as they relate to "lot frontage" do not apply to
the said "Subject Property".
(d)
The aforesaid single family residence use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(e)
Notwithstanding the zone provisions for an "Agricultural Zone (Residential other than
Farming)" the minimum lot frontage for the "Subject Property" as shown on the
attached Schedule "A-3" shall be 23 m.
(3-K)
REGISTERED PLANS M-1131, M-1132 and M-1133
(i)
Notwithstanding the provisions of By-law 1784 as amended to the contrary, the lot
coverage and floor space index for the 'R2A' Zone as outlined on Schedule "A-1"
annexed to this By-law is as follows:
(a)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(b)
FLOOR SPACE INDEX
Maximum
0.45
(ii)
Notwithstanding the provisions of By-law 1784 as amended to the contrary, the lot
coverage and floor space index for the 'R3B' Zone outlined on Schedule "A-1"
annexed to this By-law is as follows:
(c)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(d)
FLOOR SPACE INDEX
Maximum
0.50
(3-L)
PART OF LOT 23, CONCESSION 2
(a)
That Schedule "B" to By-law Number 1784 is amended by changing the zone
designation to "R-2-A", "R-3-B", and "G" of the lands so marked "R-2-A", "R-3-B" and
"G" on Schedule "A-1" annexed to this By-law.
(1244-81)
(1247-81)
By-law 1784
Section 12-85
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on the lands referred to in Schedule "A-1" annexed to this By-law except in
accordance with the following uses and zone provisions
R-2-A - SINGLE FAMILY DETACHED DWELLINGS
(i)
USE PERMITTED
-
single family detached dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.45
(f)
FRONT YARD
Minimum Depth
4.5 m
(g)
Provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(h)
REAR YARD
Minimum Depth
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 30 m or more, the minimum depth
is
20 m
(i)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding
the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
By-law 1784
Section 12-86
(j)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back a
minimum distance from the exterior side yard lot line
6.0 m
Except in the case of an exterior side yard abutting a
street or a 0.3 m reserve where the adjoining street
has a planned width of 30 m or more, the minimum
width is
9.0 m
(k)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(l)
HEIGHT OF BUILDING
Maximum
8.0 m
(m)
PARKING
In accordance with the provisions of Subsection (d) hereunder.
(c)
No person shall use any lot or erect or alter or use any building or structure in any "R-
3-B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following use and zone provisions.
(i)
USE PERMITTED
-
single family semi-detached dwellings
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
280 m2 for each dwelling unit
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.50
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
By-law 1784
Section 12-87
(g)
REAR YARD
Minimum Depth
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 30 m or more, the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
Minimum width for the side that is not attached to the
other dwelling
1.0 m
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of the interior
side yard shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with Section (d) of this By-law.
(d)
PARKING AREA REQUIREMENTS
The provisions of Section 4 (n) of By-law 1784 shall not apply to any residential
development referred to in this By-law and instead the following provisions shall
apply:
(i)
The owner of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain for the sole use of
the owner, occupant, or other person entering upon or making use of the
said premises from time to time, parking spaces and areas as follows:
TYPE OF USE
MINIMUM PARKING REQUIREMENTS
All Residential Uses
2 spaces for each dwelling unit
By-law 1784
Section 12-88
(ii)
"PARKING SPACE" means an area of not less than 18.5 m2 with a
minimum perpendicular width of 2.75 m and a minimum perpendicular length
of 6 m for the parking of motor vehicles.
(iii)
LOCATION OF PARKING SPACES
Parking space for all residential uses may be located in a private garage,
private driveway, or private carport.
(iv)
THE USE OF PARKING SPACES AND AREAS
Parking spaces and areas required under this By-law shall be used for the
parking of passenger vehicles only and shall not be used for the parking or
storage of any commercial motor vehicles in excess of .46 tonne capacity.
(v)
The distance between the intersection of street lines and the nearest
driveway entrance shall be at least 7.5 m.
(e)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of
approximately O.3 m in width owned by The Corporation of the Town of
Whitby or owned by the Regional Municipality of Durham.
(iii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(iv)
"HEIGHT AND HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building and,
(a)
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greatest,
(b)
in the case of a mansard roof, the deck roof line and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and ridges exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(v)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(vi)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(vii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth:
By-law 1784
Section 12-89
(a)
ORNAMENTAL STRUCTURES
sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 0.9 m provided that in the case of porches, steps or patios such
uses are not more than 1.0 m above grade.
(d)
PRIVATE GARAGES
In a Residential Zone an attached or detached private garage,
carport or other accessory building may be erected and used in the
interior side or rear yard provided that (1) when such accessory
building is located in an interior side yard, it shall be no closer than
1.0 m to the interior side lot line except where a mutual garage is
erected on the common lot line between two lots, in which case no
interior side yard is required, (2) when such accessory building is
located in the rear yard no yard is required except in the case
where the rear lot line would be the side lot line of the adjoining lot
in which case such accessory building shall be no closer than 1.0 m
to that portion of the rear lot line which adjoins the interior side yard
of the adjoining lot if such lot is built upon or which adjoins the
required interior side yard of the adjoining lot if such lot is vacant,
and (3) in no case shall an accessory building be located closer
than 6 m to any street line.
(viii)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(f)
The provisions of Sections 3 (b) (ii) and 3 (b) (iii) of By-law 1784 shall not apply to the
zones established in Schedule "A-1" to this By-law as set forth in subsection (a)
above and the zone boundaries as set out in the said Schedule "A-1" shall govern.
(g)
Notwithstanding any provisions of this By-law or of By-law 1784 to the contrary, no
buildings or other structures shall be erected or used in any zone abutting a
Greenbelt Zone unless the same are located a distance of at least 7.5 m from the
boundary of such Greenbelt Zone.
By-law 1784
Section 12-90
(3-M)
PART OF LOT 33, CONCESSION 4
4330 CORONATION ROAD
(a)
Subject to the provisions of Subsection (b) hereof and notwithstanding the provisions
of Section 11(a) of By-law 1784, the lands shown on Schedule "A-1" annexed to this
By-law and designated thereon as the "Subject Property" may be used for a single
family dwelling, providing that any such dwelling erected on said lands shall be used
and occupied by the bona fide farmer as a personal residence during the remainder
of the bona fide farmer's natural life or at least for a period of 10 years in order to
comply with the intent of Section 12.2.3(a) of the Official Plan of the Region of
Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A" Residential
(other than farming)" and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" pursuant to Subsection (a)
hereof.
(3-N)
734 ANDERSON STREET
(a)
That Schedule 'B' to By-law 1784 is hereby amended by changing the zone
designation to "R2A", on the lands so marked "R2A", annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
"R2A" - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FLOOR SPACE INDEX
0.45
(f)
FRONT YARD
Minimum
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum
10.0 m
(1254-81)
(1368-82)
By-law 1784
Section 12-91
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding
the above:
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth:
(a)
ORNAMENTAL STRUCTURES
Sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m
(b)
ACCESSORY STRUCTURES
Drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 0.9 m provided that in the case of porches, steps or patios such
uses are not more than 1.0 m above grade.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
By-law 1784
Section 12-92
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and landscaping and, notwithstanding the foregoing, includes any surfaced
walk, patio, tennis court or similar recreational area and any swimming or
decorative pool, but does not include any driveway, ramp or motor vehicle
parking area, whether surfaced or not.
(3-O)
LOT 2, REGISTERED PLAN 589
300 THICKSON ROAD SOUTH
Repealed by By-law Amendment 6600-12
(3-Q)
PART OF LOT 24, CONCESSION 4
304 TAUNTON ROAD EAST
Repealed by By-law Amendment 6600-12
(3-R)
PART OF LOT 32, CONCESSION 4
4585 CORONATION ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law Number 1784, no person
shall use any lot within the area designated as "Subject Property" as shown on
Schedule "A-2" annexed to this By-law or use, alter, erect, locate or otherwise place
any building or other structure thereon for any purpose except that of a single family
residence.
(b)
The zone requirement of Schedule "A" to By-law 1784 designated as "A Residential
(other than farming)" and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property".
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise and shall comply with the Agricultural Code of Practice
as amended from time to time.
(3-S)
PART OF LOT 29, CONCESSION 4
Repealed by By-Law Amendment 2906-90
(3-T)
BLOCK 'E' REGISTERED PLAN M-1069
(a)
That Schedule "B" to By-law Number 1784 is amended by changing the zone
designation to "R-2-A" of the lands so marked "R-2-A" on Schedule "A-1" annexed to
this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on the lands referred to in Schedule "A-1" annexed to this By-law except
in accordance with the following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLINGS
(1280-81)
(1298-81)
(1385-82)
(1354-82)
(1356-82)
By-law 1784
Section 12-93
(i)
USE PERMITTED
-
single family detached dwelling.
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.45
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
13.5 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding
the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
By-law 1784
Section 12-94
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of
approximately 0.3 m in width owned by the Corporation of the Town of
Whitby or owned by the Regional Municipality of Durham.
(iii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(iv)
"HEIGHT AND HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building and,
(a)
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greatest,
(b)
in the case of a mansard roof, the deck roof line and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and ridges exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(v)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(vi)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(vii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered, and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are hereinafter set forth:
(a)
ORNAMENTAL STRUCTURES
Sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
Drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
By-law 1784
Section 12-95
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 0.9 m provided that in the case of porches, steps or patios such
uses are not more than 1.0 m above grade.
(d)
PRIVATE GARAGES
In a Residential Zone an attached or detached private garage,
carport or other accessory building may be erected and used in the
interior side or rear yard provided that (1) when such accessory
building is located in an interior side yard, it shall be no closer than
1.0 m to the interior side lot line except where a mutual garage is
erected on the common lot line between two lots, in which case no
interior side yard is required, (2) when such accessory building is
located in the rear yard no yard is required except in the case
where the rear lot line would be the side lot line of the adjoining lot
in which case such accessory building shall be no closer than 1.0 m
to that portion of the rear lot line which adjoins the interior side yard
of the adjoining lot if such lot is built upon or which adjoins the
required interior side yard of the adjoining lot if such lot is vacant,
and (3) in no case shall an accessory building be located closer
than 6 m to any street line.
(viii)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(3-U)
BLOCK "E", PLAN M-1068
(a)
That Schedule "B" to By-law # 1784 is hereby amended by changing the zone
designations to "R-2-A", on the lands so marked "R-2-A", on Schedule "A-1" annexed
to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any "R-
2-A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
"R-2-A" - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house.
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m²
(1361-82)
By-law 1784
Section 12-96
(d)
LOT COVERAGE
Maximum for all Buildings
33% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.45
(f)
FRONT YARD
Minimum
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum
10 m
Except in the case of a rear yard abutting a 0.3 m
reserve, the minimum depth is
15 m
Except where this 0.3 m reserve abuts a street having
a planned width of 30 m or more, the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above:
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard lot line, a minimum
distance of
6.0 m
Except in the case of an exterior side yard abutting a
street or a 0.3 m reserve where the adjoining street
has a planned width of 30 m or more, the minimum
width is
9.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
By-law 1784
Section 12-97
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law # 1784,
then the definitions hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure, or uses as are hereinafter set forth:
(a)
ORNAMENTAL STRUCTURES
Sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
Drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 0.9 m provided that in the case of porches, steps or patios such
uses are not more than 1.0 m above grade.
(d)
PRIVATE GARAGES
Notwithstanding any other provision of this By-law, in a Residential
Zone a detached private garage, carport or other accessory
building may be erected and used in the side or rear yard provided
that such accessory building is located no closer than 1.0 m to any
interior side or rear lot line and 4.5 m to any street line.
Notwithstanding the foregoing, where a mutual garage is erected
on a common lot line between two lots, no interior side yard is
required.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as chimney, tower steeple or television antenna.
(iii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3 m
in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(iv)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
By-law 1784
Section 12-98
(v)
"LANDSCAPED OPEN SPACE" means open unobstructed space on a lot
which is suitable for the growth and maintenance of grass, flowers, bushes
and other landscaping and, notwithstanding the foregoing, includes any
surfaced walk, patio, tennis court or similar recreational area and any
swimming or decorative pool, but does not include any driveway, ramp or
motor vehicle parking area, whether surfaced or not.
(3-V)
PART OF LOTS 11 and 12, Plan 111
9565 BALDWIN STREET NORTH
Repealed by By-law Amendment 6600-12
(3-W)
PART OF LOT 22, CONCESSION 6
6545 BALDWIN STREET NORTH
Repealed by By-law Amendment 7628-20
(3-X)
PART OF LOT 29, CONCESSION 2
(a)
Notwithstanding Schedule "A" Zone Requirements Table of By-law 1784 and Section
5, no person shall use any lot or erect or alter or use any building or structure in any
"R2" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following use and zone provisions:
"R2" - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
21 m
(b)
LOT AREA
Minimum
975 m2
(c)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(d)
FRONT YARD
Minimum Depth
9.0 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
10.6 m
(e)
REAR YARD
Minimum Depth
10.0 m
(f)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above;
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(1405-82)
(1406-82)
(1474-82)
By-law 1784
Section 12-99
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(g)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(i)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(j)
PARKING, ACCESSORY BUILDINGS, etc.
In accordance with the provisions of Section 4 of By-law 1784.
(k)
The single family detached dwelling units are to be serviced by a
private waste disposal system which shall comply with the
standards of the Ministry of the Environment as amended from time
to time and as administered by the Medical Officer of Health or
otherwise.
(l)
Section 4(e) of By-law 1784 shall not apply to the subject property.
(3-Y)
BLOCKS "C", "K" and "U", PLAN M-1066
PLAN OF SUBDIVISION I8T-81041
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A", on the lands so marked "R2A", on Schedule "A-1" annexed to
this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following use and zone provisions.
"R2A" - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house.
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(1480-83)
By-law 1784
Section 12-100
(e)
FLOOR SPACE INDEX
Maximum
0.45
(f)
FRONT YARD
Minimum
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum
10.0 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard lot line, a minimum
distance of
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-101
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(iv)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(v)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(3-Z)
PART OF LOT 25, CONCESSION 7, CEDARBROOK TRAIL ESTATES
PLAN OF SUBDIVISION I8T-81006
(a)
That Schedule "B" to By-law Number 1784 is amended by changing the zone
category to "RE" and "G" of the lands so marked "RE" and "G" on Schedule "A-1"
annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"RE" Zone on the lands referred to in Schedule "A-1" annexed to this By-law except in
accordance with the following uses and zone provisions:
RE - RESIDENTIAL ESTATE
(i)
USES PERMITTED
-
single family detached dwelling, provided that no person shall keep or
raise any bulls, cows, oxen, sheep, goats, pigs, cattle, horses, mules,
donkeys, poultry, reptiles or any wild animals.
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
60 m
(1507-83)
By-law 1784
Section 12-102
(b)
LOT AREA
Minimum
1.3 ha
(c)
LOT COVERAGE
Maximum for all buildings
10% of the lot area
(d)
GROUND FLOOR AREA
Minimum
−
1 storey
195 m2
−
1-1/2 storey and split level
170 m2
−
2 storey
125 m2
(e)
FRONT YARD
Minimum Depth
40 m
(f)
REAR YARD
Minimum Depth
35 m
except where the entire rear lot line adjoins a
Greenbelt Zone, then the minimum depth of said rear
yard shall be
7.5 m
(g)
INTERIOR SIDE YARD
Minimum Width
9.0 m
(h)
EXTERIOR SIDE YARD
Minimum Width
15 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with Section 4 (n) of By-law 1784.
(l)
No building shall be erected or used in whole or in part for human
habitation unless such buildings are serviced with a private drilled
well and a private sanitary sewage facility which has received the
approval of the appropriate Health and Environmental Authorities.
(c)
GREENBELT (G) ZONE
(i)
Notwithstanding the provisions of Section 10(a) of By-law 1784, no person
shall use any of the lands designated as Greenbelt on Schedule "A-1"
annexed to this By-law for the purpose of keeping or raising any bulls, cows,
oxen, sheep, goats, pigs, cattle, horses, mules, donkeys, poultry, reptiles or
any wild animals.
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"GROUND FLOOR AREA" means the total floor area of the first floor above
grade excluding any private garage, porch or verandah, sun room and
basement.
By-law 1784
Section 12-103
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of
approximately 0.3 m in width owned by the Corporation of the Town of
Whitby or the Regional Municipality of Durham.
(iii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(iv)
"HEIGHT AND HEIGHT OF BUILDING" means the vertical distance
between the average elevation of the finished surface of the ground at the
side of the building; and,
(a)
in the case of a flat roof, the highest point of the roof surface or the
parapet, whichever is the greatest;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and ridges exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(v)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(vi)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(vii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are hereinafter set forth:
(a)
ORNAMENTAL STRUCTURES
Sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental structures may project into any
required yard a maximum distance of 0.5 m.
(b)
ACCESSORY STRUCTURES
Drop awnings, clothes poles, flag poles, garden trellises, fences,
retaining walls, signs, or similar accessory uses shall be permitted
in any required yard.
(c)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Unenclosed porches, balconies, steps and patios, covered or
uncovered, may project into any required yard a maximum distance
of 1.0 m provided that in the case of porches, steps or patios such
uses are not more than 1.2 m above grade.
By-law 1784
Section 12-104
(d)
PRIVATE GARAGES
In a Residential Estate Zone, an attached or detached private
garage, carport, swimming pool, tennis courts, or other accessory
building may be erected and used in the interior side or rear yard
provided that:(1)when such accessory building or structure is
located in an interior side yard, it shall be no closer than 9 m to the
interior side lot line; (2) when such accessory building or structure
is located in the rear yard, it shall be no closer than 7.5 m to the
rear lot lines; and, (3) in no case shall an accessory building be
located closer than 15 m to any street line.
(e)
The provisions of Section 3(b)(ii) and 3(b)(iii) of By-law 1784 shall not apply to the
zones established in Schedule "A-1" to this By-law as set forth in Section 1(a) and the
zone boundaries as set out in the said Schedule "A-1" shall govern provided that
where a zone boundary for a Greenbelt Zone is shown on said Schedule "A-1" to this
By-law, the boundary of such zone shall be determined according to the metric
dimensions shown on said Schedule "A-1" which is based on the flood plain mapping
prepared by the Central Lake Ontario Conservation Authority.
(4-A)
9 WAY STREET - PART OF LOTS 23 and 24, CONCESSION 6
(a)
Notwithstanding the provisions of Section 10(a) of By-law Number 1784, no person
shall use any lot except that area delineated as a Building Envelope and shown on
Schedule "A-1" annexed to this By-law, for the purpose of a single-family residence
and/or accessory building.
(b)
The Zone Requirement Table, Schedule "A" to By-law 1784 designated as "A
Residential (other than farming)" shall apply to any new development within the
Building Envelope.
(c)
On that portion of the lands so marked "Building Envelope" on Schedule "A-1"
annexed to this By-law, no new building shall be designed and constructed or located
with any opening of any kind below the elevation of 161.81 Canadian Geodetic
Datum.
(d)
The General Provisions of Section 4 of the said By-law 1784 shall apply to any
development within the "Building Envelope" except Subsections 4(x) and 4(y)(b).
(e)
The aforesaid single family residential use shall be serviced with a private well and a
private waste disposal system which shall comply with the standards of the Ministry of
the Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(4-B)
PART OF LOT 26, CONCESSION 5
5355 ASHBURN ROAD
Repealed by By-law Amendment 7908-22
(4-C)
LOTS 247-389, 397-416, 431-539, REGISTERED PLAN M-1180
(a)
Notwithstanding the provisions of By-law # 1784 as amended to the contrary, the
minimum rear yard for the "R2A" Zone as outlined on Schedule "A-1" annexed to this
By-law is as follows:
REAR YARD
Minimum Depth
10.0
Except where this 0.3 m reserve abuts a street having a planned width
of 29 m or more, the minimum depth is
20 m
(1510-83)
(1514-83)
(1496-83)
By-law 1784
Section 12-105
(b)
Notwithstanding the provisions of By-law # 1784 as amended to the contrary, the
minimum rear yard for the "R3B" Zone as outlined on Schedule "A-1" annexed to this
By-law is as follows:
REAR YARD
Minimum Depth
10.0 m
Except where this 0.3 m reserve abuts a street having a planned width
of 29 m or more, the minimum depth is
20 m
(c)
Notwithstanding the provision of By-law # 1784 as amended to the contrary, the
minimum rear yard for the "R3A" Zone as outlined on Schedule "A-1" to this By-law is
as follows:
REAR YARD
Minimum Depth
10.0 m
Except where this 0.3 m reserve abuts a street having a planned width
of 29 m or more, the minimum depth is
20 m
(4-D)
900 BONACORD AVENUE
NORTHEAST CORNER OF BONACORD AVENUE AND McQUAY BOULEVARD
(a)
Notwithstanding the uses permitted in a "C1" Local Commercial Zone as referred to in
Section 6(a) of By-law 1784, the following additional use of a 'Nursery School' shall
be permitted on the lands outlined on Schedule "A-1" annexed to this By-law.
(4-E)
PART OF LOTS 23 AND 24, CONCESSION 2
PLAN OF SUBDIVISION 18T-78096
(a)
that Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A", "R3B", and "G" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone of Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
"R2A" - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.45
(1518-83)
(1519-83)
By-law 1784
Section 12-106
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.0 m
Except where this 0.3 m reserve abuts a street having
a planned width of 30 m or more the minimum depth
is
20 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard lot line, a minimum
distance of
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING, ACCESSORY BUILDINGS, ETC.
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R3B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
"R3B" - SINGLE FAMILY SEMI-DETACHED DWELLING HOUSES
(i)
USE PERMITTED
-
single family semi-detached dwelling house.
(ii)
ZONE PROVISIONS
By-law 1784
Section 12-107
(a)
LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
280 m2 for each dwelling unit
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.40
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be setback a minimum distance from
the lot line of
6.0 m
(g)
REAR YARD
Minimum Depth
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
20 m
(h)
INTERIOR SIDE YARD
(on the side of the dwelling house that is not attached to the
adjoining dwelling house)
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of the interior
side yard shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provision, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
By-law 1784
Section 12-108
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING, ACCESSORY BUILDINGS, ETC.
In accordance with the provisions of Section 4 of By-law 1784.
(d)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (b) and (c) above, the following definitions shall apply. (Where there is a
conflict between the definition hereinafter set forth and those referred to in Section 2
of By-law 1784, then the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space appurtenant to a building or structure, located on
the same lot as the building or structure, on which space is open, uncovered
and unoccupied from the ground to the sky except for such accessory
buildings, structures or uses as are specifically permitted elsewhere in By-
law 1784.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height,
from finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(v)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling (excluding garage, basement and cellar) to the total lot area.
(vi)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building, and;
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line and;
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(4-F)
PART OF LOT 20, CONCESSION 9
NORTH EAST CORNER - MYRTLE ROAD EAST & BALDWIN STREET NORTH
Repealed by By-law Amendment 6600-12
(4-G)
PART OF LOT 31, CONCESSION 4
4300 COUNTRY LANE
(a)
That Schedule "B" to By-law 1784 is amended by changing the zone designation from
"A" to "G" on the lands as indicated on Schedule "A-1" annexed to this By-law.
(1539-83)
(1524-83)
By-law 1784
Section 12-109
(b)
Subject to the provisions of Subsection (c) hereof and notwithstanding the provisions
of Section 11(a) of By-law 1784, the lands shown on Schedule "A-1" annexed to this
By-law and designated thereon as the "Subject Property" may be used for the
following additional use, namely; a single family detached residence in accordance
with the provisions of Section 12.2.4(c) of the Official Plan of the Regional
Municipality of Durham.
(c)
The zone requirements of Schedule "A" to By-law 1784 designated as "A" Residential
(other than farming)" shall apply to any development on the subject property.
(d)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(4-H)
PART OF LOT 34, BROKEN FRONT CONCESSION
605 HALLS ROAD SOUTH
Repealed by By-law Amendment 6600-12
(4-I)
PART OF LOTS 21 and 22, CONCESSION 7
7675 BALDWIN STREET NORTH
Repealed by By-law Amendment 6600-12
(4-J)
SOUTHWEST CORNER OF DUNDAS STREET EAST AND THICKSON ROAD
SOUTH
(a)
That the Sub-Central Area as shown on Schedule "A-1" annexed to this By-law allow
a maximum gross retail and personal service establishment floor space of 21,000 m2.
(2)
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations of the "Subject Property" as shown on Schedule "A-1" annexed to this
By-law from "R2" to "C1" and "D(NR)".
(b)
No person shall use any lot, erect, alter or use any building or structure on the lands
shown on Schedule "A-1" annexed to this By-law as the "Subject Property" and
designated thereon "C1" except in accordance with the following provisions where
they are inconsistent with By-law 1784:
(i)
USES PERMITTED
A shopping centre containing one or more or all of the uses hereinafter
specified provided that such uses are carried on wholly within an enclosed
building or buildings:
-
Offices
-
places of entertainment and assembly
-
retail stores and personal service establishment
(ii)
ZONE PROVISIONS
(a)
Gross Floor Area for retail stores and
personal service establishment
16,629.1 m2
(iii)
No open storage of goods or materials shall be permitted on the "Subject
Property" designated as "C1" on Schedule "A-1" annexed to this By-law
provided that nothing herein shall preclude the operation of an outdoor
garden centre on the subject property if it is ancillary to a permitted use.
(1540-83)
(1541-83)
(1544-83)
(6776-13)
(6776-13)
(6776-13)
By-law 1784
Section 12-110
(iv)
DEFINITIONS
In applying the provisions of (i), (ii) and (iii) aforesaid, the following
definitions shall apply and where there is a conflict between such definitions
and the definitions set forth elsewhere in By-law 1784, the following shall
govern:
(a)
"PLACES OF ENTERTAINMENT AND ASSEMBLY" means one
or more of the following uses, namely; a motion picture theatre,
concert hall, dance hall, billiard or pool room, bowling alley,
gymnasium, health club or community hall.
(b)
"FLOOR AREA" means the total area of all floor levels of a
building which is used for a purpose permitted herein but does not
include that portion of any building which is used for an interior
pedestrian walkway, or used for the sole purpose of the storage of
goods, wares and merchandise, or those areas used for the
provision of heat, air conditioning, washrooms, parking areas,
exterior perimeter walls, stairways and elevators or other similar
facilities required to service the building.
(c)
"OFFICES" means one or more of the following uses namely,
office but does not include such uses as an art studio, medical
office, law office, real estate office and a travel agency.
(d)
"PERSONAL SERVICE ESTABLISHMENT" means a building or a
portion of a building used to provide direct service to the public
shall include: a medical office, a bank, a trust company or similar
financial institution, a drugless practitioner, a law office, a real
estate office, a travel agency, a tailor's shop, a barber shop, a
beauty salon, a shoe repair, a dry cleaner's distribution station, an
eating establishment, a family restaurant and a school of dance, art
or music.
(e)
"SHOPPING CENTRE" means a group of permitted non-residential
uses designed, developed and managed as a unit by a single
owner or tenant or group of owners or tenants as opposed to a
business area comprising unrelated individual uses and may
include pedestrian walkways, storage areas, areas for the provision
of heat, air conditioning, washrooms, parking areas, stairways,
elevators and other similar uses required to service the building or
buildings and permitted uses.
(c)
Repealed by By-law Amendment 6600-12
(4-K)
PART OF LOTS 22, 23 and 24, CONCESSION 3
PLAN OF SUBDIVISION I8T-79014
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A", "R2B", "R2C", "C1", "I", "D", and "G" of the lands so marked
"R2A", "R2B", "R2C", "C1", "I", "D" and "G" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following use and zone provisions.
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(6776-13)
(1600-83)
(6776-13)
(1545-83)
By-law 1784
Section 12-111
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be setback a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
By-law 1784
Section 12-112
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
13.7 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
420 m2
(d)
LOT COVERAGE
Maximum for all buildings
35% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be setback a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
The exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
By-law 1784
Section 12-113
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2C - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
10.7 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
325 m2
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be setback a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) The exterior wall of the second and third storey of
any building shall be set back a distance from the
side lot line of at least
1.25 m
By-law 1784
Section 12-114
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with provisions of Section 4 of By-law 1784.
(e)
No person shall use any lot or erect or alter or use any building or structure in any "I"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
"I" - INSTITUTIONAL
(i)
USES PERMITTED
-
Arena
-
Church
-
community centre
-
long term care facility
-
nursery school
-
school
-
swimming pool
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
50% of the lot area
(b)
FRONT YARD
Minimum Depth
15 m
(c)
REAR YARD
Minimum Depth
10.0 m
(d)
INTERIOR SIDE YARD
Minimum Width
10.0 m
(e)
EXTERIOR SIDE YARD
Minimum Width
10.0 m
(f)
HEIGHT OF BUILDINGS
Maximum
15 m
(g)
PARKING PROVISIONS
In accordance with Section 4(n) of By-law 1784.
(f)
No person shall use any lot or erect or alter or use any building or structure in any "D"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
(6925-14)
By-law 1784
Section 12-115
"D" - DEVELOPMENT
(i)
USES PERMITTED
-
berry or bush crop
-
field crop
-
flower garden
-
green house
-
horticulture nursery
-
market garden
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
10% of the lot area
(b)
FRONT YARD
Minimum Depth
7.5 m
Except in the case of a front yard abutting the street
having a planned width of 30 m or more the minimum
depth is
15 m
(c)
REAR YARD
Minimum
7.5 m
(d)
INTERIOR SIDE YARD
Minimum Width
7.5 m
(e)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(f)
HEIGHT OF BUILDINGS
Maximum
10.0 m
(g)
PARKING PROVISIONS
In accordance with Section 4(n) of By-law 1784.
(g)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
By-law 1784
Section 12-116
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling below adjacent finished grade.
(v)
"NURSERY SCHOOL" means a day nursery within the meaning of the Day
Nurseries Act.
(vi)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(vii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(4-L)
BLOCK 'C', PLAN M-1131PLAN OF SUBDIVISION I8T-80052
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A" on the lands so marked "R2A" on Schedule "A-1" annexed to
this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
"R2A" - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(e)
FRONT YARD
Minimum
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be setback a minimum distance from
the front lot line of
6.0 m
(1553-83)
By-law 1784
Section 12-117
(f)
REAR YARD
Minimum
10 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(4-O)
PART OF LOT 20, B.F. CONCESSION
2681 AND 2701 THICKSON ROAD SOUTH
(a)
Notwithstanding the uses permitted in Section 11(a) of By-law 1784, no
person shall use any lot within the area designated as "Subject Property" as
shown on Schedule "A-1" annexed to this By-law or use, alter, erect, locate or
otherwise place any building or other structure thereon for any purpose except
that of a single family residence.
(b)
The aforesaid non-farm residential use shall be serviced with a private well
and private waste disposal system which comply with the standards of the
Ministry of the Environment as amended from time to time and as
administered by the Medical Officer of Health or otherwise.
(2)
The zone requirements of Schedule "A" to By-law 1784 designated as "A Residential
(other than farming)" and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" except for the following
provisions.
LOT FRONTAGE
Minimum
23 m
LOT AREA
Minimum
1175 m2
(3)
The zone requirements of Schedule "A" to By-law 1784 designated as "A Residential
(other than farming)" shall continue to apply to the "Retained Lands" as shown on
Schedule "A-1" annexed to this By-law except for the following provisions.
LOT FRONTAGE
Minimum
23 m
LOT AREA
Minimum
1611.8 m2
(1565-83)
By-law 1784
Section 12-118
(4-P)
PART OF LOT 19, CONCESSION 31830 ROSSLAND ROAD EAST
(a)
Notwithstanding the provisions of Section 5(a)(ii) of By-law 1784 a nursery school
shall be permitted in conjunction with a single family residence on the "Subject
Property" as shown on the attached Schedule "A-1".
(4-Q)
NORTHWEST CORNER DUNDAS STREET EAST AND THICKSON ROAD
1550 DUNDAS STREET EAST
Repealed by By-law Amendment 6961-15
(4-R)
PART OF LOT 20, CONCESSION 9
9920 BALDWIN STREET NORTH
Repealed by By-law Amendment 6600-12
(4-S)
PART OF LOT 18, CONCESSION 2
PLAN OF SUBDIVISION I8T-77112
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A" of the lands so marked "R2A" on Schedule "A-1" annexed to
this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following use and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
(1566-83)
(1598-83)
(1608-84)
(1641-84)
By-law 1784
Section 12-119
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between the floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
By-law 1784
Section 12-120
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(4-T)
PART OF LOT 20, CONCESSION 1
1624 DUNDAS STREET EAST
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as referred to in
Section 7E of By-law 1784, the use of "an automobile sales establishment" is hereby deleted
for the subject property as shown on the attached Schedule "A-1".
(3)
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as
referred to in Section 7E of By-law 1784, the following additional uses shall be
permitted on the lands outlined on Schedule "A-1" annexed to this By-law; namely, a
retail/wholesale automotive parts store, a retail sporting goods centre, a recreational
club or facility and an audio/visual centre.
(4-U)
PART OF LOT 21, CONCESSION 1
PLAN OF SUBDIVISION I8T-75206
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A", "R2B", "R5A" and "G" of the lands so marked "R2A", "R2B",
"R5A" and "G" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
400 m2
(d)
LOT COVERAGE
Maximum
35% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
7.5 m
(1642-84)
(1644-84)
(1768-84)
By-law 1784
Section 12-121
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
(h)
EXTERIOR SIDE YARD
Minimum Width
3.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
10.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
12.8 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
7.5 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
(h)
EXTERIOR SIDE YARD
Minimum Width
1.8 m
except in the case of an exterior side yard abutting a
0.3 m reserve the minimum depth is
3.0 m
By-law 1784
Section 12-122
(i)
LANDSCAPED OPEN SPACE
Minimum
45% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
10.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R5A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R5A - APARTMENT DWELLING HOUSE
(i)
USES PERMITTED
-
apartment dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
42 m
(b)
LOT AREA
Minimum
1.0 ha
(c)
LOT COVERAGE
Maximum for all buildings
35% of the lot area
(d)
FLOOR SPACE INDEX
Maximum
1.0
(e)
FRONT YARD
Minimum Depth
½ the height of the building or
7.5 m whichever is the greater
(f)
REAR YARD
Minimum Depth
½ the height of the building or
7.5 m whichever is the greater,
provided that a rear yard
adjoining a wall containing no
habitable room windows may
be reduced to 1.8 m
(g)
INTERIOR SIDE YARD
Minimum Depth
½ the height of the building or
7.5 m whichever is the greater,
provided that an interior yard
adjoining a wall containing no
habit-able room windows may be
reduced to 1.8 m
(h)
LANDSCAPED OPEN SPACE
Minimum
35% of the lot area
(i)
HEIGHT OF BUILDING
Maximum
10 storeys
By-law 1784
Section 12-123
Notwithstanding the above, where two or more
apartment dwelling houses may be erected the height
of each building shall not exceed
6 storeys
(j)
NUMBER OF APARTMENT DWELLING
HOUSES PER LOT
Maximum
1 only
Notwithstanding the above, two or more apartment
dwelling houses may be erected, altered or used on
the same lot in accordance with the provisions of the
following Section (l)
(k)
NUMBER OF DWELLING UNITS PER LOT
Maximum
131
(l)
DISTANCE BETWEEN BUILDINGS
(i)
The minimum distance between two exterior walls facing
and parallel to each other, where both walls contain a
living room window, shall be 21 m
(ii)
The minimum distance between an exterior wall containing
a living room window and a facing and parallel wall
containing no windows to habitable rooms shall be the
height of the higher wall or 12.5 m, whichever is the
greater.
(iii)
The minimum distance between two exterior walls facing
and parallel to each other, where both contain windows to
habitable rooms other than living room windows, shall be
the height of the higher wall or 10.5 m, whichever is the
greater, provided that such distance shall not be less than
15 m for buildings over 2½ storeys in height.
(iv)
The minimum distance between an exterior wall containing
a habitable room window, other than a living room window,
and a facing and parallel wall containing no windows to
habitable rooms shall be one half the height of the higher
wall or 7 m, whichever is the greater.
(v)
The minimum distance between two exterior walls facing
and parallel to each other where neither wall contains
habitable room windows shall be one-quarter the height of
the higher wall or 3.5 m, whichever is the greater.
(vi)
For the purpose of this paragraph (1), such exterior walls
having an angle of divergence of not more than 85
degrees shall be deemed to face and be parallel to each
other.
In this clause,
"ANGLE OF DIVERGENCE" means the interior acute
angle formed by and lying between such two exterior walls
of their projection.
By-law 1784
Section 12-124
(m)
COURTS
Where a building is in a court form the distance
between opposing side walls of the building forming
the court shall be not less than
21 m
(n)
UNOBSTRUCTED YARDS
An unobstructed yard, clear and unobstructed by any surface
parking area excluding a driveway which is used as access to the
property or the parking area either above or below grade, shall be
provided adjoining each exterior wall of a dwelling unit with a
minimum depth measured at right angles from such wall it adjoins
as follows:
in the case of a wall containing any habitable room
windows
7.5 m
except that where the yard adjoins a street line the
minimum depth need not exceed
6.0 m
in the case of a wall containing no habitable room
windows
1.75 m
(o)
PARKING
The provisions of Section 4(n) of By-law 1784 shall not apply to any
residential development referred to in the aforesaid "R5A" Zone
and instead the following provisions shall apply:
(i)
The owner of every building or structure erected or used
for any of the purposes hereinafter set forth shall provide
and maintain for the sole use of the owner, occupant, or
other person entering upon or making use of the said
premises from time to time, parking spaces and areas as
follows:
1.2 spaces for each bachelor dwelling unit
1.5 spaces for each dwelling unit larger than a bachelor
unit with
0.2 spaces per unit allocated and signed for visitor parking
(ii)
PARKING AREA LOCATION ON LOT
All yards except the front yard provided that no part of any
parking area, other than a driveway, is located closer than
7.5 m to any street line and no closer than 3 m to any side
lot line.
(p)
For the purpose of the interpretation of the various zone provisions
set forth in Subsections (b) and (c) above, the following definitions
shall apply. (Where there is a conflict between the definitions
hereinafter set forth and those referred to in Section 2 of By-law
1784, then the definitions hereinafter set forth shall take
precedence).
(i)
"FLOOR SPACE INDEX" means the ratio of the gross
floor area of the dwelling house (excluding garage,
basement and cellar) to the total lot area.
By-law 1784
Section 12-125
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance
between the average elevations of the finished surface of
the ground at the side of the building; and,
(a) in the case of a flat roof, the highest point of roof
surface or the parapet, whichever is the greater;
(b) in the case of a mansard roof, the deck roof line; and,
(c) in the case of a gable, hip or gambrel roof, the mean
heights between the eaves and the ridges, exclusive
of any accessory roof construction such as a
chimney, tower, steeple or television antenna.
(iii)
"BASEMENT" means that portion of a building between
two floor levels which is partly underground but which has
at least one half of its height, from finished floor to finished
ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two
floor levels which is partly or wholly underground and
which has more than one half its height from finished floor
to finished ceiling, below adjacent finished grade.
(v)
"LANDSCAPED OPEN SPACE" means open
unobstructed space on a lot which is suitable for the
growth and maintenance of grass, flowers, bushes and
other landscaping and, notwithstanding the foregoing,
includes any surfaced walk, patio or swimming pool but
does not include any driveway, ramp or motor vehicle
parking area, whether surfaced or not.
(vi)
"YARD, REAR" means a yard extending across the full
width of the building lot between the rear boundary of the
lot and the nearest part of any building or structure on the
lot.
(vii)
"REAR YARD DEPTH" means the least horizontal
dimension between the midpoint of the rear lot line of the
lot and the midpoint of any building or structure on the lot.
(4-V)
BLOCK A, PLAN M-1179
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone indicated on Schedule "A-1" annexed to this By-law except in accordance
with the following uses and zone provisions:
R4B - SINGLE FAMILY TOWN HOUSE DWELLINGS
(i)
USES PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
7.0 m
(1644-84)
By-law 1784
Section 12-126
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
210 m2
(d)
LOT COVERAGE
Maximum for all buildings
45% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
7.5 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of the unattached wall of the end dwelling
unit, in which case the minimum width of such interior
side yard is
1.0 m
provided however and notwithstanding the above
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(h)
EXTERIOR SIDE YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
45% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
9.5 m
(k)
PARKING
In accordance with Section 4(n) of By-law 1784.
(3)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions set forth and those referred to in Section 2 of By-law 1784, then the
definitions hereinafter set forth shall take precedence.)
By-law 1784
Section 12-127
(i)
"EXTERIOR WALL" shall mean a main and supporting exterior wall of the
building running from the foundation footings to the roof of the building but
shall exclude unenclosed porches, balconies, steps and patios.
(ii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
(iii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iv)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height from
finished floor to finished ceiling, above the adjacent finished grade.
(v)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling below adjacent finished grade.
(vi)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by The Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(vii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(viii)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one or a group of
not more than eight single family dwelling units but not less than three single
family dwelling units attached to each other, side by side, each of which
dwelling units,
(a)
has separate front and rear entrances or separate front and side
entrances; and,
(b)
is attached on one or both sides by a common party wall (above or
below grade) to another dwelling unit in the same row; and,
(c)
contains a private garage within each unit.
(4-W)
PART OF LOT 28, CONCESSION 3
PLAN OF SUBDIVISION I8T-82012
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R1A" of the lands so marked "R1A" on Schedule "A-1" annexed to
this By-law.
(1666-84)
By-law 1784
Section 12-128
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R1A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R1A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
18 m
(b)
LOT DEPTH
Minimum
38 m
(c)
LOT AREA
Minimum
725 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.2 m
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
2.0 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
By-law 1784
Section 12-129
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by The Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(vi)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
By-law 1784
Section 12-130
(4-X)
PART OF LOT 20, CONCESSION 1
1645 DUNDAS STREET EAST
(a)
Notwithstanding the parking provisions of Section 4(n) of By-law 1784 the minimum
parking spaces required for the "Subject Property" as shown on Schedule "A-1" shall
be 66 parking spaces.
(4-Y)
PART OF LOT 21, CONCESSION 3
PLAN OF SUBDIVISION I8T-82001
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A" and "G" of the lands so marked "R2A" and "G" on Schedule "A-
1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(1682-84)
(1684-84)
By-law 1784
Section 12-131
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(ii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(iii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
By-law 1784
Section 12-132
(iv)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
(v)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by The Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(4-Z)
PART OF LOT 35, CONCESSION 1
1625 DUNDAS STREET NORTH
(a)
Notwithstanding the provisions of Section 11(a)(ii) of By-law 1784 the following uses
namely; a retail nursery and the sale of propane as an accessory use to the retail
nursery, shall be permitted on the subject property as shown on Schedule "A-1"
annexed to this By-law.
(b)
For the purpose of the interpretation of the provisions of this By-law, the following
definitions shall apply:
"RETAIL NURSERY" means a building or part of a building in which nursery plants
and shrubs, fertilizer, top soil, patio stones, household fencing materials, barbecues,
nursery related power tools and equipment, lawn chairs and other gardening
accessory supplies are kept and offered for retail sale.
(5-A)
PART OF LOT 22, CONCESSION 3
535 TAUNTON ROAD EAST
(a)
Subject to the provisions of Subsection (b) hereof and notwithstanding the provisions
of Section 11(a) of By-law 1784, the lands shown on Schedule "A-1" annexed to this
By-law and designated thereon as the "Subject Property" may be used for the
following additional use, namely; a single family detached residence in accordance
with the provisions of Section 11.2.6(c) of the Official Plan of the Regional
Municipality of Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A" Residential
(other than farming) shall apply to any development on the subject property.
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(5-B)
PART OF LOT 21, CONCESSION 1
1533 DUNDAS STREET EAST
Repealed by By-law Amendment 6600-12
(5-C1) LOT 1, REGISTERED PLAN 467
14 GARRARD ROAD
Notwithstanding the uses permitted in Section 5 of By-law 1784 the following additional use of
a home based business shall be permitted on the lands outlined on Schedule "A-1" annexed to
this By-law subject to the following provisions:
(a)
that the home based business use shall apply to the assembly and retail sales of
custom drapes and blinds.
(b)
the home based business use shall not exceed 57.6 m2 of the total floor area of the
single family dwelling house.
(1685-84)
(1686-84)
(1687-84)
(1688-84)
(6776-13)
By-law 1784
Section 12-133
(c)
that there be no open storage of any goods or materials associated with the home
based business.
(d)
that there be no outside signage, display or manufacturing of any goods or materials
associated with the home based business use.
(e)
that the residential external character of the dwelling unit not be altered.
(5-D1) BLOCK 'J' REGISTERED PLAN M-1179
PLAN OF SUBDIVISION 18T-81010
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to R2A of the lands so marked R2A on Schedule A-1 annexed to this
By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(1694-84)
By-law 1784
Section 12-134
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade
By-law 1784
Section 12-135
(5-E1) PART OF LOT 19, CONCESSION 9
30 MYRTLE STREET EAST
Repealed by By-law Amendment 6600-12
(5-F1) PART OF LOT 35, CONCESSION 3
3925 LAKERIDGE ROAD NORTH
(a)
Subject to the provisions of Subsection (b) hereof and notwithstanding the provisions
of Section 11 (a) of By-law 1784, the land shown on Schedule "A-1" annexed to this
By-law and designated thereon as the "Subject Property", may be used for the
following additional use namely; a single family dwelling providing that any such
dwelling erected on said lands shall be used and occupied by the bona fide farmer as
a personal residence during the remainder of the bona fide farmer's natural life or at
least for a period of 10 years in order to comply with the intent of Section 12-2-4 (a) of
the Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A Residential
(other than farming)" shall apply to the said "Subject Property" pursuant to Subsection
(a) hereof.
(c)
The aforesaid non-farming residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(5-G1) PART OF LOT 19, CONCESSION 2
1800 DUNDAS STREET EAST
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as referred to in
Section 7E of By-law 1784, the following additional uses shall be permitted on the lands
outlined on Schedule "A-1" annexed to this By-law, namely: a bake shop, a bank or a financial
institution, a barber shop, a beauty parlour, an office, a dry cleaner's distribution station, a dry
cleaning establishment, a launderette or coin-operated laundry, a laundry shop, places of
entertainment and assembly, a retail store.
Notwithstanding the parking provisions of Section 4(n) of By-law 1784 the
minimum parking spaces required for the "Subject Property" as shown on
Schedule "A-1" annexed to this By-law shall be
44 spaces
(5-H1) PART OF LOT 23, CONCESSION 2
PLAN OF SUBDIVISION 18T-82010
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A" and "G" of the lands so marked "R2A" and "G" on Schedule "A-
1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(1709-84)
(1712-84)
(1741-84)
(6776-13)
(1747-84)
By-law 1784
Section 12-136
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
20 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above:
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-137
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set fourth and those referred to in Section 2 of By-law 1784,
then the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure and which space is open, uncovered
and unoccupied from the ground to the sky except for such accessory
buildings, structures or uses as are specifically permitted elsewhere in By-
law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between the floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(5-I1)
PART OF LOT 22, CONCESSION 6
6875 BALDWIN STREET NORTH
Repealed by By-law Amendment 7056-15
(5-J1) PART OF LOTS 23 AND 24, CONCESSION 3
PLAN OF SUBDIVISION 18T-82031
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2B" and "R2C" of the lands so marked "R2B" and "R2C" on
Schedules "A-1" and "A-2" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
13.7 m
(1748-84)
(1772-84)
By-law 1784
Section 12-138
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
420 m2
(d)
LOT COVERAGE
Maximum for all buildings
35% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above the
exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" Zone on Schedule "A-2" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2C - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
By-law 1784
Section 12-139
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
10.7 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
325 m2
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above
The exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.25 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard lot line, a minimum
distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-140
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space appurtenant to a building or structure, located on
the same lot as the building or structure, on which space is open, uncovered
and unoccupied from the ground to the sky except for such accessory
buildings, structures or uses as are specifically permitted elsewhere in By-
law 1784.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by The Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(v)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is greater;
(b)
in the case of a mansard roof, the deck roof line and;
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as chimney, tower, steeple or television antenna.
(5-K1) PART OF LOT 19, CONCESSION 3
PLAN OF SUBDIVISION 18T-82027
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "R2A", "R2B" and "R3B" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(1774-84)
By-law 1784
Section 12-141
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line
6.0 m
(f)
REAR YARD
Minimum
10.0
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
(a) Provided, however and notwithstanding the
above(a)the exterior wall of the second storey of
any building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-142
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
13.7 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
420 m2
(d)
LOT COVERAGE
Maximum
35% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above the
exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
By-law 1784
Section 12-143
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R3B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R3B - SINGLE FAMILY SEMI-DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
single family semi-detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
280 m2 for each dwelling unit
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD (on the side of the dwelling
house that is not attached to the adjoining dwelling
house)
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be setback a distance from the side lot line
of at least
2.5 m
By-law 1784
Section 12-144
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however and notwithstanding the above
provisions, a garage or carport the entrance to which
is from the exterior side yard lot line, a minimum
distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
PARKING, ACCESSORY BUILDINGS ETC.
In accordance with the provisions of Section 4 of By-law 1784.
(e)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (b), (c) and (d) above, the following definitions shall apply. (Where there
is a conflict between the definitions hereinafter set forth and those referred to in
Section 2 of By-law 1784, then the definitions hereinafter set forth shall take
precedence).
(i)
"YARD" means a space appurtenant to a building or structure, located on
the same lot as the(building or structure, on which space is open, uncovered
and unoccupied from the ground to the sky except for such accessory
buildings, structures or uses as are specifically permitted elsewhere in By-
law 1784.
(ii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by The Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(v)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is greater;
(b)
in the case of a mansard roof, the deck roof line and;
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as chimney, tower, steeple or television antenna.
By-law 1784
Section 12-145
(5-L1) NORTHEAST CORNER OF ANDERSON STREET AND ROSSLAND ROAD EAST
PART OF LOT 22, CONCESSION 3
1200 ROSSLAND ROAD EAST
(a)
Notwithstanding Section 6(a) of By-law 1784 the additional use of a "Gas Bar",
"Veterinary Clinic" shall be permitted on the "Subject Property" as shown on the
attached Schedule "A-1".
(b)
Notwithstanding Section 4(n)(x) of By-law 1784 the minimum planting
strip for the Subject Property as shown on Schedule "A-1" shall be.
0.90 m
(2)
The following zone provisions shall apply to the aforementioned Gas Bar.
(a)
CANOPY LOCATION
A protective canopy may be located in any yard provided that
the minimum distance between any portion of the canopy and
any lot line shall be
6.0 m
(b)
PUMP ISLAND LOCATION
A pump island may be located in any yard provided no portion
of any pump island shall be located closer than 3 m to a
straight line between a point in the front lot line and a point in
the exterior lot line, each such point being 15 m from the
intersection of the street lines.
(c)
LOCATION OF KIOSK
A kiosk may be located within any yard provided that the
minimum distance between the kiosk and any lot line shall be
10.5 m
(5-M1) SOUTHWEST CORNER OF CRAWFORTH STREET AND THICKSON ROAD
NORTH
1540 DUNDAS STREET EAST
That notwithstanding the uses permitted in the Special Purpose Commercial Zone as referred
to in Section 7E of By-law 1784, the following additional uses shall be permitted on the lands
outlined on Schedule "A-1" annexed to this By-law; namely: a convenience retail store and a
retail store.
(3)
Notwithstanding the provisions of Section 7E, Subsection (2)(iv) of By-law 1784 the
following provisions shall apply over the lands designated "C2-S" outlined on
Schedule "A-1".
(iv)
EXTERIOR SIDE YARD
Minimum Width
2.0 m
(4)
Notwithstanding the general provisions of Section 4(n)(x) of By-law
1784 the minimum planting strip for the subject property as shown on
Schedule "A-1" shall be
0.3 m
(5)
Notwithstanding the parking provisions of Section 4(n) of By-law 1784,
the minimum number of parking spaces to be provided for the "Subject
Property" as shown on Schedule "A-1" annexed to this By-law shall be
43 spaces
(5-N1) PART OF LOT 27, CONCESSION 9
ASHBURN ROAD
Repealed by By-law Amendment 6600-12
(1806-85)
(2124-86)
(1821-85)
(1822-85)
By-law 1784
Section 12-146
(5-O1) VARIOUS LOCATIONS
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey building
shall be set back a distance from the side lot line
of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(i)
HEIGHT OF BUILDING
Maximum
8.0 m
(1833-85)
By-law 1784
Section 12-147
(j)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(3)
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as
referred to in Section 7E of By-law 1784, the additional use of "Merchandise
Distribution Centre" shall be permitted on the lands shaded with circles on Schedule
"A-1" annexed hereto and forming part of this By-law.
(4)
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as
referred to in Section 7E of By-law 1784, the additional use of "Retail Stores",
"Offices" and "Dance Studio" shall be permitted on the land shaded with crosshatch-
ing on Schedule "A-1".
(5)
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as
referred to in Section 7E of By-law 1784, the additional use of "Retail Stores" shall be
permitted on the lands shaded with diagonal lines on Schedule "A-1".
(6)
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as
referred to in Section 7E of By-law 1784, the additional use of a "Convenience Retail
Store", a "Retail/Wholesale Automotive Parts Store" and a "Boat and Recreational
Trailer Sales Establishment" shall be permitted on the lands shaded with dots on
Schedule "A-1".
(7)
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as
referred to in Section 7E of By-law 1784, the additional use of a "Farm Implement
Dealer" shall be permitted on the lands shaded with dots on Schedule "A-2".
(8)
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as
referred to in Section 7E of By-law 1784, the additional use of a "Motel" and a "Farm
Implement Dealer" shall be permitted on the lands shaded with crosshatching on
Schedule "A-2".
(5-P1) BLOCK "B", REGISTERED PLAN M-1131
PLAN OF SUBDIVISION 18T-84040
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(1849-85)
By-law 1784
Section 12-148
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building distance from the side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be setback from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in
Subsection (b) above, the following definitions shall apply. (Where there is a conflict
between the definitions hereinafter set forth and those referred to in Section 2 of By-
law 1784, then the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
By-law 1784
Section 12-149
(ii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(iv)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line, and;
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as chimney, tower, steeple or television antenna.
(5-Q1) NORTHEAST CORNER OF DUNDAS STREET EAST AND THICKSON ROAD
NORTH
(a)
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as
referred to in Section 7E of By-law # 1784, the additional use of offices shall be
permitted on the lands identified as the "Subject Property" on Schedule "A-1"
annexed to this By-law.
(3)
The following definition shall apply to the subject property as shown on Schedule "A-1"
annexed to this By-law.
"FLOOR AREA" means the total area of all floor levels of a building which is used for
a purpose permitted herein but does not include that portion of any building which is
used for an interior pedestrian walkway, or used for the sole purpose of the storage of
goods, wares and merchandise, or those areas used for the provision of heat, air
conditioning, washrooms, parking areas, exterior perimeter walls, stairways and
elevators or other similar facilities required to service the building.
(5-R1) PART OF LOT 32, CONCESSION 5
5217 CORONATION ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law Number 1784, no person
shall use any lot within the area designated as "Subject Property" as shown on
Schedule "A-1" annexed to this By-law or use, alter, erect, locate or otherwise place
any building or other structure thereon for any purpose except that of a single family
residence.
(b)
Notwithstanding the zone requirements tabled Schedule "A" to By-law 1784, the
following zone provisions shall apply to the above noted residential use in paragraph
(a) above.
(i)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
24 m
(b)
LOT AREA
Minimum
0.202 ha
(1850-85)
(4254-98)
(2494-88)
(1848-85)
By-law 1784
Section 12-150
(c)
LOT COVERAGE
Maximum for all Buildings
33% of the lot area
(d)
FRONT YARD
Minimum Depth
14 m
(e)
INTERIOR SIDE YARD
Minimum Width
1.5 m
Provided however and notwithstanding the above,
where no garage or carport facilities are provided on
the lot then the minimum width of one of the interior
side yards shall be
4.9 m
(f)
REAR YARD
Minimum Depth
10.0 m
(g)
PARKING, ACCESSORY BUILDING, ETC.
In accordance with the provisions of Section 4 of By-law 1784.
(ii)
Provided further that the following conditions are complied with:
(a)
That there shall be no more than one driveway access to the
Subject Property.
(b)
The dwelling constructed on the Subject Property is served by a
well which is drilled into the deep aquifer which underlies the
impervious clay.
(c)
The dwelling located on the Subject Property is served by a septic
tank system which is constructed and approved by the Durham
Health Unit.
(5-S1) PART OF LOTS 23 AND 24, CONCESSION 6
67 BALDWIN STREET
Repealed by By-law Amendment 6600-12
(5-T1) PART OF LOT 20, CONCESSION 1
PLAN OF SUBDIVISION 18T-75513
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A", "R3A", "R3B", "R4B" and "D" of the lands so marked "R2A",
"R3A", "R3B", "R4B" and "D" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(1859-85)
(1871-85)
By-law 1784
Section 12-151
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(i)
HEIGHT OF BUILDING
Maximum
8.0 m
(j)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R3A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R3A - SINGLE FAMILY LINK DWELLING
(i)
USE PERMITTED
-
single family link dwelling
By-law 1784
Section 12-152
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
278 m2
(d)
LOT COVERAGE
Maximum for all buildings
35% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding
the above, a garage or carport, the
entrance to which is from the front yard,
shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
10.0 m
Except in the case where a 0.3 m reserve abuts a
street having a planned width of 29 m or more, the
minimum depth is
20 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of the unattached wall of the end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.0 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(i)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(j)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-153
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R3B" Zone of Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R3B - SINGLE FAMILY SEMI-DETACHED DWELLING HOUSES
(i)
USES PERMITTED
-
single family semi-detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
280 m2 for each dwelling unit
(d)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the lot line of
6.0 m
(f)
REAR YARD
Minimum Depth
10.0 m
(g)
INTERIOR SIDE YARD
(on the side of the dwelling house that is not attached to the
adjoining dwelling house)
Minimum Width
1.0 m
provided, however, and notwithstanding the above
(a) The exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) The exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) Where no garage or carport facilities are provided
on the lot then the minimum width of the interior
side yard shall be
4.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
By-law 1784
Section 12-154
(i)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(j)
PARKING, ACCESSORY BUILDINGS, ETC.
In accordance with the provisions of Section 4 of By-law 1784.
(e)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R4B - SINGLE FAMILY TOWN HOUSE DWELLING
(i)
USES PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
6.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
190 m2
(d)
LOT COVERAGE
Maximum for all buildings
50% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0
(f)
REAR YARD
Minimum Depth
10.0 m
Except in the case where a 0.3 m reserve abuts a
street having a planned width of 29 m or more, the
minimum depth is
20 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in the case of an
unattached wall of an end dwelling unit, in which case the interior
side yard shall be a minimum width 1.0 m provided, however, and
notwithstanding the above:
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot of at least
1.75 m
By-law 1784
Section 12-155
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(i)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(j)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(f)
No person shall use any lot or erect or alter or use any building or structure in any "D"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
D - DEVELOPMENT
(i)
USES PERMITTED
-
berry or bush crop
-
field crop
-
flower garden
-
green house
-
horticulture nursery
-
market garden
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
10% of the lot area
(b)
FRONT YARD
Minimum Depth
7.5 m
Except in the case of a front yard abutting
the street having a planned width of 29 m
or more the minimum depth is
15 m
(c)
REAR YARD
Minimum
7.5 m
(d)
INTERIOR SIDE YARD
Minimum Width
7.5 m
(e)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(f)
HEIGHT OF BUILDINGS
Maximum
10.0 m
(g)
PARKING PROVISION
In accordance with Section 4 of By-law 1784.
By-law 1784
Section 12-156
(g)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(ii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(iii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses are specifically permitted elsewhere
in By-law 1784.
(iv)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by The Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(v)
"SINGLE FAMILY SEMI-DETACHED DWELLING" means one of a pair of
two attached single family dwellings with a common party wall (either above
or below grade) dividing the pair of family dwellings vertically, each of which
has an independent entrance from the outside.
(vi)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a group of
not more than eight single family dwelling houses but not less than three
single family dwelling houses attached to each other by a common party
wall(either above or below grade) dividing the dwelling house vertically, each
of which dwelling house
(a)
has separate front and rear entrances or separate front and side
entrance; and,
(b)
contains a private garage within each dwelling house.
(vii)
"SINGLE FAMILY LINK DWELLING" means one of a group of not more
than eight single family dwelling units but not less than three single family
dwelling units attached to each other by a common party wall (either above
or below grade) dividing the dwelling units vertically, each of which dwelling
unit
(a)
has a separate front and rear entrance or separate front and side
entrance; and,
(b)
contains a private garage within or contiguous to each unit.
(5-U1) PART OF LOT 21, CONCESSION 1
Repealed by By-law Amendment 6356-10
(1888-85)
By-law 1784
Section 12-157
(5-V1) PART OF LOT 32, CONCESSION 5
21 STEVEN ROAD AND 12, 18, 20 SHEPARD ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law Number 1784, no person
shall use any lot within the area designated as "Subject Property" as shown on
Schedule "A-1" annexed to this By-law or use, alter, erect, locate or otherwise place
any building or other structure thereon for any purpose except that of a single family
residence.
(b)
Notwithstanding the zone requirements table Schedule "A" to By-law 1784, the
following zone provisions shall apply to the above noted residential use in paragraph
(a) above.
(i)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
24 m
(b)
LOT AREA
Minimum
0.202 ha (2019 m2)
(c)
LOT COVERAGE
Maximum for all Buildings
33% of the lot area
(d)
FRONT YARD
Minimum Depth
9.0 m
(e)
INTERIOR SIDE YARD
Minimum Width
1.5 m
Provided however and notwithstanding the above,
where no garage or carport facilities are provided on
the lot then the minimum width of one of the interior
side yards shall be
4.9 m
(f)
REAR YARD
Minimum Depth
10.0 m
(g)
PARKING, ACCESSORY BUILDING, ETC.
In accordance with the provisions of Section 4 of By-law 1784.
(ii)
Provided further that the following conditions are complied with:
(a)
The dwelling constructed on the Subject Property is served by a
well which is drilled into the deep aquifer which underlies the
impervious clay.
(b)
The dwelling located on the Subject Property is served by a septic
tank system which is constructed and approved by the Region of
Durham Department of Health Services.
(5-W1) PART OF LOT 22, CONCESSION 6
(a)
Notwithstanding Section 11(a) of By-law 1784, the following additional uses of an
underground petroleum bulk storage plant, an office and a warehouse shall be
permitted on the Subject Property as shown on Schedule "A-1" annexed to this By-
law.
(1921-85)
(1952-85)
By-law 1784
Section 12-158
(b)
The following zone provisions shall apply to the underground petroleum bulk storage
plant as permitted in paragraph (a) above:
(i)
INTERIOR SIDE YARD (South)
Minimum Width (from underground tanks)
60 m
(ii)
REAR YARD
Minimum Width (from underground tanks)
7.5 m
(5-X1) PART OF LOTS 29 AND 30, CONCESSION 9
9760 HERON ROAD
Repealed by By-law Amendment 6600-12
(5-Y1) PLAN OF SUBDIVISION 18T-84038
PART OF LOTS 25 AND 26, CONCESSION 8
Repealed by By-law Amendment 6600-12
(5-Z1) PART OF LOT 20, CONCESSION 5
5515 THICKSON ROAD NORTH
(a)
Notwithstanding the provisions of Section 11(a)(ii) of By-law 1784 the following uses
namely; a retail nursery and the sale of propane as an accessory use to the retail
nursery, shall be permitted on the subject property as shown on Schedule "A-1"
annexed to this By-law.
(b)
For the purpose of the interpretation of the provisions of this By-law, the following
definition shall apply:
"RETAIL NURSERY" means a building or part of a building in which nursery plants
and shrubs, fertilizer, top soil, patio stones, household fencing materials, barbecues,
nursery related power tools and equipment, lawn chairs and other gardening
accessory supplies are kept and offered for retail sale and shall not include the sale of
propane to motor vehicles.
(5-C2) PART OF LOT 19, CONCESSION 4
870 TAUNTON ROAD EAST
Repealed by By-law Amendment 7382-18
(5-D2) PART OF LOT 20, CONCESSION 1
1631 DUNDAS STREET EAST
(a)
No person shall use any lot, erect, alter or use any building or structure on the lands
shown on Schedule "A-1" annexed to this By-law except in accordance with the
following provisions:
(i)
USES PERMITTED
-
Offices
-
places of entertainment and assembly
-
retail stores and personal service establishment
(ii)
ZONE PROVISIONS
(a)
FRONT YARD
Minimum Depth
7.5 m
(b)
INTERIOR SIDE YARD
Minimum
1.0 m
(1966-86)
(1964-86)
(1964-86)
(2041-86)
(2042-86)
(6776-13)
By-law 1784
Section 12-159
(c)
REAR YARD
Minimum Depth
3.0 m
(d)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(e)
HEIGHT OF BUILDING
Maximum
10.0 m
(f)
LOT COVERAGE
Maximum
30% of the lot area
(g)
Notwithstanding the definition for a "parking space" as found in
Section 2 (Definitions) of By-law 1784, the following shall apply:
"PARKING SPACE" means an area of not less than 15.5 m2,
exclusive of any aisles or ingress and egress lanes, with a
minimum perpendicular width of 2.75 m and a minimum
perpendicular length of 5.5 m for the temporary parking or storage
of motor vehicles and may include a private garage.
(h)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(3)
DEFINITIONS
In applying the provisions of (i) and (ii) aforesaid, the following definitions shall apply
and where there is a conflict between such definitions and the definitions set forth
elsewhere in By-law 1784, the following shall govern:
(a)
"PLACES OF ENTERTAINMENT AND ASSEMBLY" means one or more of
the following uses, namely; a motion picture theatre, concert hall, dance hall,
billiard or pool room, bowling alley, gymnasium, health club or community
hall.
(b)
"OFFICES" means one or more of the following uses, namely; office but
does not include such uses as an art studio, medical office, law office, real
estate office and a travel agency.
(c)
"PERSONAL SERVICE ESTABLISHMENT" means a building or a portion
of a building used to provided direct service to the public which shall include:
a medical office, a bank, a trust company or similar financial institution, a
drugless practitioner, a law office, a real estate office, a travel agency, a
tailor's shop, a barber shop, a beauty salon, a shoe repair, a dry cleaner's
distribution station, an eating establishment, a family restaurant and a school
of dance, art or music.
(5-F2) PART OF LOT 22, CONCESSION 5
(a)
Notwithstanding paragraph (vii) of Section 11, Subsection (a) of By-law 1784, one
single family residential dwelling shall be permitted on those lands outlined and
marked as "Subject Property" on Schedule "A-1" annexed to this By-law in
accordance with the provisions of Schedule "A", Residential (Other Than Farming) to
By-law 1784.
Notwithstanding the zone provisions of Schedule "A" Residential (Other Than
Farming) of By-law 1784, the zone provisions that existed prior to the passage of this
By-law shall continue to apply.
(6776-13)
(2061-86)
By-law 1784
Section 12-160
(b)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(2)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "AE" Agricultural Exclusive of the lands outlined on Schedule "A-1"
annexed to this By-law and marked as "Subject Property" (crosshatched).
(a)
No person shall use any lot or erect or alter or use any building or structure
in any "AE" Zone in Schedule "A-1" annexed to this By-law except in
accordance with the following uses and zone provisions.
AE - AGRICULTURAL EXCLUSIVE
(i)
USES PERMITTED
-
general agricultural uses which are not obnoxious to the public
welfare including farm buildings, field crops, gardening,
nurseries, orchards and forestry.
(ii)
ZONE PROVISIONS
The zone provisions of Schedule "A", Zone Requirements Table,
designated as "A" (Farming) shall apply to any development on the
"Subject Property". (Crosshatched)
(5-G2) PART OF LOT 21 AND 22, CONCESSION 5
(a)
Notwithstanding paragraph (vii) of Section 11, Subsection (a) of By-law
1784, one single family residential dwelling shall be permitted on those lands
outlined and marked as "Subject Property" on Schedule "A-1" annexed to
this By-law in with the provisions of Schedule "A", Residential (Other Than
Farming) to By-law 1784.
Notwithstanding the zone provisions of Schedule "A" Residential (Other
Than Farming) of By-law 1784 except for the minimum lot frontage, the zone
provisions that existed prior to the passage of this By-law shall continue to
apply.
(b)
Notwithstanding the minimum lot frontage provision found in Schedule "A"
Residential (Other Than Farming) the following shall apply.
LOT FRONTAGE
Minimum
18 m
(c)
The aforesaid non-farm residential use shall be serviced with a private well
and a private waste disposal system which comply with the standards of the
Ministry of the Environment as amended from time to time and as
administered by the Medical Officer of Health or otherwise.
(2)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "AE" Agricultural Exclusive of the lands outlined on Schedule "A-1"
annexed to this By-law and marked as "Subject Property". (crosshatched)
(a)
No person shall use any lot or erect or alter or use any building or structure
in any "AE" Zone in Schedule "A-1" annexed to this By-law except in
accordance with the following uses and zone provisions.
AE - AGRICULTURAL EXCLUSIVE
(2062-86)
By-law 1784
Section 12-161
(i)
USES PERMITTED
-
general agricultural uses which are not obnoxious to the public
welfare including farm buildings, field crops, gardening,
nurseries, orchards and forestry.
(ii)
ZONE PROVISIONS
The zone provisions of Schedule "A", Zone Requirements Table,
designated as "A" (Farming) shall apply to any development on the
"Subject Property". (Crosshatched)
(5-H.2) PART OF LOTS 21, CONCESSION 7
(a)
Notwithstanding paragraph (vii) of Section 11, Subsection (a) of By-law 1784, one
single family residential dwelling shall be permitted to those lands outlined and
marked as "Subject Property" (dots) on Schedule "A-1" annexed to this By-law in
accordance with the provisions of Schedule "A", Residential (Other Than Farming) to
By-law 1784.
Notwithstanding the zone provisions of Schedule "A" Residential (Other Than
Farming) of By-law 1784, the zone provisions that existed prior to the passage of this
By-law shall continue to apply.
(b)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(2)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "AE" Agricultural Exclusive of the lands outlined on Schedule "A-1"
annexed to this By-law and marked as "Subject Property". (crosshatched)
(a)
No person shall use any lot or erect or alter or use any building or structure
in any "AE" Zone in Schedule "A-1" annexed to this By-law except in
accordance with the following uses and zone provisions
AE - AGRICULTURAL EXCLUSIVE
(i)
USES PERMITTED
-
general agricultural uses which are not obnoxious to the public
welfare including farm buildings, field crops, gardening,
nurseries, orchards and forestry.
(ii)
ZONE PROVISIONS
The zone provisions of Schedule "A", Zone Requirements Table,
designated as "A" (Farming) shall apply to any development on the
"Subject Property". (cross hatched)
(5-I2)
PART OF LOT 21, CONCESSION 3
GLEN DHU DRIVE
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "R2A" of the lands so marked "R2A" on Schedule "A-1" annexed to this
By-law.
(2063-86)
(2064-86)
By-law 1784
Section 12-162
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
"R2A" - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
54 m
(c)
LOT AREA
Minimum
798 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding
the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
By-law 1784
Section 12-163
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
(i)
Notwithstanding the provisions of this By-law to the contrary the existing
single family detached dwelling located on the lands denoted by cross-
hatching on Schedule "A-1" hereto, may be permitted in continued use
accessory to the use permitted under Section(b) hereof.
(ii)
The zone provisions of Section (b)(ii) of this By-law shall apply to such
accessory dwelling unit with exception of the minimum rear yard setback
which shall be as follows:
(a)
REAR YARD
Minimum
4.45 m
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(ii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(iii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iv)
"YARD" means a space, appurtenant to a building or structure, located on
the same lots as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
By-law 1784
Section 12-164
(v)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by The Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(5-J2) PART OF LOT 20, CONCESSION 9
PARTS 1 AND 2, PLAN 40R-9207
Replaced by By-law Amendment 5581-05
Repealed by By-law Amendment 6600-12
(5-K2) SOUTHWEST CORNER OF CONSUMERS DRIVE AND THICKSON ROAD SOUTH
Repealed by By-Law Amendment 5994-07
(5-L2) PART OF BLOCK 17, PLAN M-1204
SUNRAY STREET
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "HMIA" of the land so marked "HMIA" on Schedule "A-1" annexed to
the By-law.
(b)
No person shall use any lot in any "HMIA" indicated on Schedule "A-1" annexed to
this By-law except in accordance with the following uses:
H-M1A - HOLDING PRESTIGE INDUSTRIAL ZONE
(i)
USE PERMITTED
-
bush or berry crop;
-
orchard
(c)
In the event that Council deems it appropriate to delete the "H" prefixed to the
aforementioned zone designation, the following uses and zone provisions shall apply
to the subject property indicated on Schedule "A-1" annexed to this By-law:
M1A - PRESTIGE INDUSTRIAL ZONE
(i)
No person shall with a "MIA" Prestige Industrial Zone use any lot or erect or
alter or use any building or structure except in accordance with the following
uses:
-
auditorium, swimming pool or other recreational or educational use
-
bank
-
commercial or technical school
-
office building
-
parking lot
-
plant for the assembly and/or manufacture of products within a wholly
enclosed structure
-
public garage
-
research and development facility
-
restaurant
-
retail or wholesale outlet, including showroom and service shop,
ancillary to a manufacturing or warehouse use on the same lot provided
that such retail or wholesale outlet does not occupy more than 10% of
the gross floor area of the manufacturing or warehouse use to a
maximum of 93 m2
-
warehouse of the storage of goods and materials within a wholly
enclosed structure
(ii)
ZONE PROVISIONS
(2070-86)
(2256-87)
(2071-86)
(2922-90)
(2073-86)
(6776-13)
By-law 1784
Section 12-165
No person shall within any "MIA" Prestige Industrial Zone erect, alter or use
any building or structure except in accordance with the following provisions:
(a)
LOT AREA
Minimum
0.4 ha
(b)
LOT COVERAGE
Maximum
60% of the lot area
(c)
FRONT YARD
Minimum Depth
9.0 m
(d)
REAR YARD
Minimum Depth
7.5 m
(e)
INTERIOR SIDE YARD
Minimum Width
3.0 m
(f)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(g)
HEIGHT OF BUILDING
Maximum
12 m
provided that if any portion of a building is erected
above a height of 12 m such portion must be set back
from the front, side or rear lot line, as the case may
be, in addition to the minimum front, side or rear yard
requirements of this By-law, a further distance of 0.3
m for each 0.6 m by which such portion of the building
is erected above a height of
12 m.
(h)
USE OF FRONT AND EXTERIOR SIDE YARD
A maximum of 20% of the required parking for a particular lot may
be permitted in the front or exterior side yard.
(i)
OUTSIDE USES PERMITTED
Save and except parking all permitted uses and other operations
incidental thereto including storage shall be carried on within the
confines of a building. A storage area with roof but without side
walls may be permitted up to the ground floor area of the building,
provided that such storage area shall be so located that it is not
visible from any public roadway.
(j)
NOXIOUS TRADE
No use shall be permitted which from its nature or the materials
used therein is declared to be a noxious trade, business or
manufacture under The Public Health Act or regulations
thereunder.
(k)
PARKING, ACCESSORY BUILDINGS, ETC.
In accordance with Section 4 of By-law 1784.
(5-M2) PART OF LOT 22, CONCESSION 6
PLAN OF SUBDIVISION 18T-84004
Repealed by By-law Amendment 2633-89
(2084-86)
By-law 1784
Section 12-166
(5-N2) PART OF LOT 3, PLAN M-42
25 SHEPHERD ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law Number 1784 to the
contrary, no person shall use, alter, erect, locate or otherwise place any building or
structure within the area of the "Subject Property" shaded with diagonal lines as
shown on Schedule "A-1" for any purpose except that of a single family detached
dwelling.
(b)
Notwithstanding the zone requirements table Schedule "A" to By-law 1784, the
following zone provisions shall apply to the residential use noted in paragraph (a)
above:
(i)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
30 m
(b)
LOT AREA
Minimum
0.202 ha
(c)
LOT COVERAGE
Maximum for all Buildings
33% of the lot area
(d)
FRONT YARD
Maximum
9.0 m
(e)
INTERIOR SIDE YARD
Minimum Width
1.5 m
Provided however and notwithstanding the above,
where no garage or carport facilities are provided on
the lot then the minimum width of one of the interior
side yards shall be
4.9 m
(f)
REAR YARD
Minimum Depth
7.5 m
(g)
PARKING, ACCESSORY BUILDINGS, ETC.
In accordance with the provisions of Section 4 of By-law # 1784.
(ii)
Provided further that the following conditions are complied with:
(a)
That the dwelling constructed on the "Subject Property" is served
by a well with a watertight casing to a depth of 6 m which is drilled
into the deep aquifer underlying the impervious clay.
(b)
That the dwelling located on the "Subject Property" is served by a
Class 4 filter bed or a Class 6 private sewage system to be located
within the area shaded with diagonal lines on Schedule "A-1" and
subject to the approval of the Region of Durham Department of
Health Services.
(5-O2) PART OF LOT 22, CONCESSION 2
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "R2A" of the lands so marked "R2A" on Schedule "A-1" annexed to this
By-law.
(2116-86)
(2123-86)
By-law 1784
Section 12-167
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(i)
HEIGHT OF BUILDING
Maximum
8.0 m
By-law 1784
Section 12-168
(j)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in
Subsection (b) above, the following definition shall apply. (Where there is a conflict
between the definitions hereinafter set forth and those referred to in Section 2
(Definitions) of By-law 1784, then the definitions hereinafter set forth shall take
precedence.)
(i)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(ii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(iii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
(iv)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by The Corporation of the Town of Whitby or owned by
The Regional Municipality of Durham.
(5-P2) PART OF LOT 20, CONCESSION 2
185 THICKSON ROAD NORTH
Notwithstanding the uses permitted in the Local Commercial Zone as referred to in Section
6(a) of By-law 1784, the following additional use shall be permitted on the lands outlined on
Schedule "A-1" annexed to this By-law; namely: a veterinary clinic.
(5-Q2) PART OF LOTS 19 AND 20, BROKEN FRONT CONCESSION
SOUTHWEST CORNER - WENTWORTH STREET & FORBES STREET
(3)
No person shall within the Prestige Industrial Zone (M1A) use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following
uses, namely:
(a)
RESIDENTIAL USES
-
Prohibited
(b)
NON-RESIDENTIAL USES
-
auditorium, swimming pool or other recreational or educational use
-
bank or financial institution
-
commercial or technical school
-
office building
-
parking lot
-
plant for the assembly and/or manufacture of products within a wholly
enclosed structure
-
public garage
-
research and development facility
-
restaurant
-
retail or wholesale outlet, including showroom and service shop,
ancillary to a manufacturing or warehouse use on the same lot provided
(2151-87)
(2157-87)
(6776-13)
By-law 1784
Section 12-169
that such retail or wholesale outlet does not occupy more than 10% of
the gross floor area of the manufacturing or warehouse use to a
maximum of 93 m2
-
warehouse for the storage of goods and materials within a wholly
enclosed structure
(4)
ZONE PROVISIONS
No person shall within any Prestige Industrial Zone (M1A) use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
(a)
LOT AREA
Minimum
0.4 ha
(b)
LOT COVERAGE
Maximum
60% of the lot area
(c)
FRONT YARD
Minimum Depth
9.0 m
(d)
REAR YARD
Minimum Depth
7.5 m
(e)
INTERIOR SIDE YARD
Minimum Width
3.0 m
(f)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(g)
HEIGHT OF BUILDING
Maximum
12 m
provided that if any portion of a building is erected above a
height of 12 m such portion must be set back from the front,
side or rear lot line, as the case may be, in addition to the
minimum front, side or rear yard requirements of this By-law, a
further distance of 0.3 m for each 0.6 m by which such portion
of the building is erected above a height of
12 m.
(h)
USE OF FRONT AND EXTERIOR SIDE YARD
A maximum of 20% of the required parking for a particular lot may be
permitted in the front or exterior side yard.
(i)
OUTSIDE USES PERMITTED
Save and except parking all permitted uses and other operations incidental
thereto including storage shall be carried on within the confines of a building.
A storage area with roof but without side walls may be permitted up to the
ground floor area of the building, provided that such storage area shall be so
located that it is not visible from any public roadway.
(j)
NOXIOUS TRADE
No use shall be permitted which from its nature or the materials used therein
is declared to be a noxious trade, business or manufacture under The Public
Health Act or regulations thereunder.
(k)
PARKING, ACCESSORY BUILDINGS, ETC.
In accordance with Section 4 of By-law 1784.
By-law 1784
Section 12-170
(5-R2) PART OF LOT 21, CONCESSION 2
PLAN OF SUBDIVISION 18T-84013
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "R2A" and "OS" of the lands so marked "R2A" and "OS" on Schedule
"A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law in accordance with the
following uses and zone provisions.
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
28 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(2169-87)
By-law 1784
Section 12-171
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface of the
parapet, whichever is the greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
By-law 1784
Section 12-172
(5-S2) PART OF LOT 20, CONCESSION 1
301 THICKSON ROAD SOUTH
(a)
Notwithstanding the uses permitted in Section 7A (B) of By-law 1784, the
following additional use of a mini-mart shall be permitted as an accessory
use for the lands outlined on Schedule "A-1" designated "GB-CW" annexed
to this By-law.
(b)
The accessory use of a mini-mart as permitted in paragraph (a) above shall
not exceed 74 m2.
(c)
Notwithstanding the zone provisions for a "GB-CW" Zone of Section 7A (B)
(2) Subsection (f) of By-law 1784, the following provisions shall apply over
the lands designated "GB-CW" outlined on Schedule "A-1":
(f)
INTERIOR SIDE YARD
Minimum - GB-CW
6.0 m
(d)
Section 7(D)(5)(e) of By-law 1784 shall not apply to the "GB-CW" Zone as
outlined on Schedule "A-1" annexed to this By-law.
(3)
No person shall within the Prestige Industrial Zone (M1A) use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following
uses, namely:
(a)
RESIDENTIAL USES
-
Prohibited
(b)
NON-RESIDENTIAL USES
-
auditorium, swimming pool or other recreational or educational uses
-
bank or financial institution
-
cinema in conjunction with an office building
-
commercial or technical school
-
office building
-
parking lot
-
plant for the assembly and/or manufacture of products within a wholly
enclosed structure
-
public garage
-
research and development facility
-
restaurant
-
retail or wholesale outlet, including showroom and service shop,
ancillary to a manufacturing or warehouse use on the same lot provided
that such retail or wholesale outlet does not occupy more than 10% of
the gross floor area of the manufacturing or warehouse use to a
maximum of 93 m2
-
warehouse for the storage of goods and materials within a wholly
enclosed structure
(4)
ZONE PROVISIONS
No person shall within any Prestige Industrial Zone (M1A) use any lot or erect, alter or
use any building or structure except in accordance with the following provisions:
(a)
LOT AREA
Minimum
0.4 ha
(2184-87)
(6776-13)
(2395-88)
By-law 1784
Section 12-173
(b)
LOT COVERAGE
Maximum
60% of the lot area
(c)
FRONT YARD
Minimum Depth
9.0 m
(d)
REAR YARD
Minimum Depth
7.5 m
(e)
INTERIOR SIDE YARD
Minimum Width
3.0 m
(f)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(g)
HEIGHT OF BUILDING
Maximum
12 m
provided that if any portion of a building is erected above a
height of 12 m such portion must be set back from the front,
side or rear lot line, as the case may be, in addition to the
minimum front, side or rear yard requirements of this By-law, a
further distance of 0.3 m for each 0.6 m by which such portion
of the building is erected above a height of
12 m
(h)
USE OF FRONT AND EXTERIOR SIDE YARD
A maximum of 20% of the required parking for a particular lot may be
permitted in the front or exterior side yard.
(i)
OUTSIDE USES PERMITTED
Save and except parking all permitted uses and other operations incidental
thereto including storage shall be carried on within the confines of a building.
A storage area with roof but without side walls may be permitted up to the
ground floor area of the building, provided that such storage area shall be so
located that it is not visible from any public roadway.
(j)
NOXIOUS TRADE
No use shall be permitted which from its nature or the materials used therein
is declared to be a noxious trade, business or manufacture under The Public
Health Act or regulations thereunder.
(k)
PARKING, ACCESSORY BUILDINGS, ETC.
In accordance with Section 4 of By-law 1784.
(5)
Notwithstanding any provision to the contrary the following provisions shall apply to
the "M1A" Zone for the subject property.
(a)
The office floor area in conjunction with a cinema comprised of
a minimum
2,000 m2
(b)
The cinema gross floor area shall not exceed
2,100 m2
(2394-88)
By-law 1784
Section 12-174
(5-T2) PART OF LOT 27, CONCESSION 4
4650 BALDWIN STREET SOUTH
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, no person shall use
any lot within the area designated as "Subject Property" as shown on Schedule "A-1"
annexed to this By-law or use, alter, erect, locate or otherwise place any building or
other structure thereon for any purpose except that of a single family residence
located within an existing residential node as delineated on Schedule "A-1" annexed
to this By-law.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A Residential
(other than farming)" and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" except for the following
provision.
LOT FRONTAGE
Minimum
3.5 m
(5-U2) PART OF LOT 21, CONCESSION 2
PLAN OF SUBDIVISION 18T-79093
PLAN OF SUBDIVISION 18T-83008
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zoning
designations to "R2A", "R2A/R3B" and "OS" of the lands so marked "R2A",
"R2A/R3B" and "OS" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on "Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
475 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(2223-87)
(2229-87)
By-law 1784
Section 12-175
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A/R3B" Zone on Schedule "A-1" annexed to this By-law except in accordance with
the following uses and zone provisions:
R2A/R3B - SINGLE FAMILY DETACHED DWELLING HOUSE - SINGLE FAMILY
SEMI-DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
-
semi-detached dwelling house
(ii)
ZONE PROVISIONS
(a)
For a single family detached dwelling house the zone provisions
shall be in accordance with Section (b)(ii) of this By-law.
By-law 1784
Section 12-176
(b)
For semi-detached dwelling houses the zone provisions shall be in
accordance with the following zone provisions:
(a) LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
(b) LOT DEPTH
Minimum
30 m
(c) LOT AREA
Minimum
420 m2
(d) LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(e) FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the
above, a garage or carport the entrance to which
is from the front yard, shall be set back a
minimum distance from the front line of
6.0 m
(f) REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned
width of 30 m or more, the minimum depth is
15 m
(g) INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the
above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
(c) where no garage or carport facilities are
provided on the lot then the minimum width
of one of the interior side yards shall be
4.5 m
(h) EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the
above provisions, a garage or carport, the
entrance to which is from the exterior side yard
shall be set back from the exterior side yard lot
line a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
By-law 1784
Section 12-177
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k) PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of gable, hip or gambrel roof, the mean heights between
the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.'
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land 0.3 m
in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(vi)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vii)
"SINGLE FAMILY SEMI-DETACHED DWELLING HOUSE" means one of a
pair of two attached single family dwellings with a common party wall (either
above or below grade) dividing the pair of family dwellings vertically, each of
which has an independent entrance from the outside.
(5-V2) PART OF LOT 20, CONCESSION 1PLAN OF SUBDIVISION 18T-86014
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A" and "R2C" of the lands so marked "R2A" and R2C" on
Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter to use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
(2230-87)
By-law 1784
Section 12-178
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
475 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey
of any building shall be set back a
distance from the side lot line of at
least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
By-law 1784
Section 12-179
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2C - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
10.7 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
350 m2
(d)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
side lot line of at least
1.25 m
(b) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
By-law 1784
Section 12-180
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building: and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(vi)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
By-law 1784
Section 12-181
(5-W2) PART OF LOT 25, 26, CONCESSION 3
PLAN OF SUBDIVISION 18T-85024
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R1A", "R2A", "R2B", "R2C", "R3A", "R4B", "C1", "I/R2A", "OS" and
"D" of the lands so marked "R1A", "R2A", "R2B", "R2C", "R3A", "R4B", "C1", "I/R2A",
"OS" and "D" on Schedule "A-1" annexed to this By-law.
(b)
R1A - SINGLE FAMILY DETACHED DWELLING HOUSE
No person shall use any lot or erect or alter or use any building or structure in any
"R1A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
(i)
USE PERMITTED
-
detached singe family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
18 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
540 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth of
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(2231-87)
By-law 1784
Section 12-182
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(ii)
EXCEPTION
(a)
Notwithstanding the permitted use outlined in Clause (i) above, a
single family dwelling house shall be permitted on lands being
composed of Blocks 133 and 134, Plan 40M-1632.
(b)
The zone provisions outlined in Clause (ii) above shall apply to the
single family dwelling house. In accordance with the provisions of
Section 4 of By-law 1784.
(c)
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
36% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
By-law 1784
Section 12-183
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth of
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
12 m
By-law 1784
Section 12-184
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and not withstanding
the above, a garage or carport the entrance
to which is from the front yard, shall be set
back a minimum distance from the front lot
line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above the
exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(e)
R2C - SINGLE FAMILY DETACHED DWELLING HOUSE
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
(ii)
USE PERMITTED
-
detached single family dwelling house
By-law 1784
Section 12-185
(iii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
10.5 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
350 m2
(d)
LOT COVERAGE
Maximum for all buildings
45% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
side lot line of at least
1.25 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-186
(f)
R3A - SINGLE FAMILY LINK DWELLING HOUSE
No person shall use any lot or erect or alter or use any building structure in any "R3A"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
(i)
USE PERMITTED
-
single family link dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
270 m2
(d)
LOT COVERAGE
Maximum
45% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be setback from the front lot line a
minimum of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.2 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
By-law 1784
Section 12-187
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(iii)
EXCEPTIONS
(a)
Notwithstanding the permitted use outlined in Clause (i) above, a
single family dwelling house shall be permitted on lands being
composed of Blocks 33 and 34, Plan 40M-1631.
(b)
The zone provisions outlined in Clause (ii) above shall apply to the
single family dwelling house.
(g)
R4B - SINGLE FAMILY TOWN HOUSE DWELLING
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
(i)
USE PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
7.6 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
210 m2
(d)
LOT COVERAGE
Maximum
50% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(f)
REAR YARD
Minimum Depth
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.0 m
(3382-93)
By-law 1784
Section 12-188
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
3.0 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(h)
I/R2A - INSTITUTIONAL ZONE- SINGLE FAMILY DETACHED DWELLING HOUSE
No person shall use any lot or erect or alter or use any building or structure in any
"I/R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
(i)
USES PERMITTED
"I" INSTITUTIONAL
-
Arena
-
Church
-
community centre
-
long term care facility
-
nursery school
-
school
-
swimming pool
R2A
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
For an Institutional use the zone provisions shall be in accordance
with the following zone provisions:
(a) FRONT YARD
Minimum Depth
15 m
(b) INTERIOR SIDE YARD
Minimum Width
10.0 m
(c) REAR YARD
Minimum Depth
10.0 m
(2346-88)
(6925-14)
By-law 1784
Section 12-189
(d) EXTERIOR SIDE YARD
Minimum Width
10.0 m
(e) LOT COVERAGE
Maximum for all buildings
50% of the lot area
(f) HEIGHT OF BUILDINGS
Maximum
15 m
(g) PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(b)
For a single family detached dwelling house the zone provisions
shall be in accordance with Section (c)(ii) of this By-law.
(h)
D - DEVELOPMENT
No person shall use any lot or erect or alter or use any building or structure in any "D"
Zone in Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
(i)
USES PERMITTED
-
berry or bush crop
-
field crop
-
flower garden
-
green house
-
horticulture nursery
-
market garden
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all Buildings
10% of the lot area
(b)
FRONT YARD
Minimum Depth
7.5 m
(c)
REAR YARD
Minimum
7.5 m
(d)
INTERIOR SIDE YARD
Minimum Width
7.5 m
(e)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(f)
HEIGHT OF BUILDINGS
Maximum
10.0 m
(g)
PARKING
In accordance with Section 4 of By-law 1784.
(i)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (b), (c), (d), (e), (f) and (g) above, the following definitions shall apply.
(Where there is a conflict between the definitions set forth and those referred to in
Section 2 of By-law 1784, then the definition hereinafter set forth shall take
precedence.)
By-law 1784
Section 12-190
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of an accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"SINGLE FAMILY LINK DWELLING" means one of a group of not more
than eight single family dwelling units but not less than three single family
dwelling units attached to each other, side by side, each of which dwelling
unit,
(a)
has a separate front and rear entrance or separate front and side
entrance; and,
(b)
is attached on one or both sides by either a common party wall
(either above or below grade) or a private garage or private fence
or wall to another dwelling in the same row; and,
(c)
contains a private garage or contiguous to each unit.
(vii)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a group of
not more than eight single family dwelling houses but not less than three
single family dwelling houses attached to each other by a common party wall
(either above or below grade) dividing the dwelling house vertically, each of
which dwelling ,
(a)
has separate front and rear entrances or separate front and side
entrances; and,
(b)
contains a private garage within each dwelling house.
(viii)
"NURSERY SCHOOL" means a day nursery within the meaning of the Day
Nurseries Act.
By-law 1784
Section 12-191
(ix)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(5-X2) PART OF LOT 18, CONCESSION 3PLAN OF SUBDIVISION 18T-84012
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "R2A", "R2B", "R4B", "C1", "I" and "OS" of the land so marked "R2A",
"R2B", "R4B", "C1", "I" and "OS" on Schedule "A-1" annexed to the By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
475 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(2232-87)
By-law 1784
Section 12-192
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2C - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
13 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
450 m2
(d)
LOT COVERAGE
Maximum for all buildings
35% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
By-law 1784
Section 12-193
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
side lot line of at least
1.25 m
(b) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior yard shall be setback from the
exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R4B - SINGLE FAMILY TOWN HOUSE DWELLING
(i)
USES PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
6.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
200 m2
(d)
LOT COVERAGE
Maximum
50% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
6.0 m
By-law 1784
Section 12-194
(f)
REAR YARD
Minimum Depth
10.0 m
(g)
INTERIOR SIDE YARD
(a) There is no interior side yard requirement except
in the case of an unattached wall of an end
dwelling unit, in which case the minimum width of
such interior side yard shall be
1.0 m
(b) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(c) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
exterior side yard shall be setback from the exterior
side lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(e)
No person shall use any lot or erect or alter or use any building or structure in any "I"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
I - INSTITUTIONAL
(i)
USES PERMITTED
"I" - INSTITUTIONAL
-
Arena
-
Church
-
community centre
-
long term care facility
-
nursery school
-
school
-
swimming pool
(ii)
ZONE PROVISIONS:
(a)
FRONT YARD
Minimum Depth
15 m
(6925-14)
By-law 1784
Section 12-195
(b)
INTERIOR SIDE YARD
Minimum Width
10.0 m
(c)
REAR YARD
Minimum Depth
10.0 m
(d)
EXTERIOR SIDE YARD
Minimum Width
10.0 m
(e)
LOT COVERAGE
Maximum for all Buildings
50% of the lot area
(f)
HEIGHT OF BUILDINGS
Maximum
15 m
(g)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(f)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (b), (c), (d), and (e) above, the following definitions shall apply. (Where
there is a conflict between the definitions set forth and those referred to in Section 2
of By-law 1784, then the definition hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a group of
not more than eight single family dwelling houses but not less than three
single family dwelling houses attached to each other by a common party wall
(either above or below grade) dividing the dwelling house vertically, each of
which dwelling house,
By-law 1784
Section 12-196
(a)
has separate front and rear entrances or separate front and side
entrances; and,
(b)
contains a private garage within each dwelling house.
(vii)
"NURSERY SCHOOL" means a day nursery within the meaning of the Day
Nurseries Act.
(viii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(5-Y2) PART OF LOT 21, CONCESSION 1
Repealed by By-Law Amendment 4611-00
(5-Z2) PART OF LOT 24, CONCESSION 8
495 MYRTLE ROAD WEST
(3)
Notwithstanding Section 11(a) of By-law 1784 the lands shown on Schedule "A-1"
annexed to this By-law and designated as "Subject Property" may be used for the
additional use of a single family detached dwelling.
(a)
The zone requirements of Schedule "A" to By-law 1784 designated as
"Residential (other than farming)" shall apply to the said permitted use as
described in paragraph 2 above.
(b)
The aforesaid residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the
Ministry of the Environment as amended from time to time as administered
by the Medical Officer of Health or otherwise.
(6-A1) PART OF LOT 28, CONCESSION 3
PLAN OF SUBDIVISION 18T-85009
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R1A", "OS" and "G" of the lands so marked "R1A", "OS" and "G" on
Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R1A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R1A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
20 m
(b)
LOT DEPTH
Minimum
37.5 m
(c)
LOT AREA
Minimum
850 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(2233-87)
(2234-87)
(1979-86)
By-law 1784
Section 12-197
(e)
FRONT YARD
Minimum
7.5 m
(f)
REAR YARD
Minimum Depth
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.2 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
2.0 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be setback from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
By-law 1784
Section 12-198
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling below adjacent finished grade.
(v)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(vi)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vii)
"FRONTAGE, LOT" means a horizontal distance between the side lot lines.
Where such lot lines are not parallel the lot frontage shall be the distance
between the side lot lines measured on a line parallel to the front lot line and
7.62 m distant there from.
(6-A2) PART LOT 22, CONCESSION 1, 855 AND 1025 HOPKINS STREET; AND,
PARTLOT 20, CONCESSION 1, SOUTHEAST CORNER CHAMPLAIN AVENUE &
THICKSON ROAD
(a)
Notwithstanding the uses permitted in the Prestige Industrial Zone as referred in
Section 8A of By-law 1784, the additional use of a concrete batching plant shall be
permitted on the lands shaded with dots on Schedule "A-1".
(b)
Notwithstanding the uses permitted in the Prestige Industrial Zone as referred in
Section 8A of By-law 1784, the additional use of distribution centre for heavy
construction machinery including parts, service and repairs shall be permitted on land
shaded with crosshatching on Schedule "A-1".
(c)
Repealed by By-Law Amendment 4267-98
(6-B1) PART OF LOT 21, CONCESSION 2
PLAN OF SUBDIVISION 18T-79093
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "R2A" and "R2A/R3B" of the lands so marked "R2A" and "R2A/R3B"
on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(2235-87)
(2020-86)
By-law 1784
Section 12-199
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
475 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 30 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
Interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
By-law 1784
Section 12-200
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A/R3B" Zone on Schedule "A-1" annexed to this By-law except in accordance with
the following uses and zone provisions:
R2A/R3B - SINGLE FAMILY DETACHED DWELLING HOUSE
- SINGLE FAMILY SEMI-DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
-
semi-detached dwelling house
(ii)
ZONE PROVISIONS
(a)
For a single family detached dwelling house the zone provisions
shall be in accordance with Section (b)(ii) of this By-law.
(b)
For semi-detached dwelling house to the zone provisions shall be
in accordance with the following zone provisions:
(a) LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
(b) LOT DEPTH
Minimum
30 m
(c) LOT AREA
Minimum
435 m2
(d) LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(e) FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the
above, a garage or carport the entrance to which
is from the front yard, shall be set back a
minimum distance from the front lot line of
6.0 m
(f) REAR YARD
Minimum
10.0 m
(g) INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above.
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any
building shall be set back a distance from the
side lot line of at least
2.5 m
By-law 1784
Section 12-201
(c) where no garage or carport facilities are
provided on the lot then the minimum width
of one of the interior side yards shall be
4.5 m
(h) EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the
above provisions, a garage or carport, the
entrance to which is from the exterior side yard
shall be set back from the exterior side yard lot
line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k) PARKING
In accordance with the provision of Section 4 of By-law 1784.
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory building, structure or uses as are specifically permitted elsewhere
in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
By-law 1784
Section 12-202
(vi)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vii)
"SINGLE FAMILY SEMI-DETACHED DWELLING HOUSE" means one of a
pair of two attached single-family dwellings with a common party wall (either
above or below grade) dividing the pair of family dwellings vertically, each of
which has an independent entrance from the outside.
(6-B2) PART OF LOT 21, BROKEN FRONT CONCESSION
Notwithstanding the permitted uses in an "M1A" Zone, Section 8A Prestige Industrial Zone of
By-law 1784, the additional use of a tractor trailer truck sales and service establishment and a
truck refuelling station shall be permitted on the lands south of Victoria Street East as shown
on Schedule "A-1" annexed to this By-law.
(6-C)
PART OF LOT 24, CONCESSION 2
PLAN OF SUBDIVISION 18T-86070
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2C", "R4B", "MDB" and "RMU" of the lands so marked "R2C",
"R4B", "MDB" and "RMU" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2C - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
10.7 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
352 m2
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
7.5 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
(2427-88)
(2257-87)
(2370-88)
By-law 1784
Section 12-203
provided, however and notwithstanding the
above(a)the exterior wall of the second and third
storey of any building shall be set back a distance
from the side lot line of at least
1.25 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side lot line, a minimum distance
of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R4B - SINGLE FAMILY TOWN HOUSE DWELLING
(i)
USE PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
6.5 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
200 m2
(d)
LOT COVERAGE
Maximum
50% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
5.5 m
(f)
REAR YARD
Minimum Depth
7.5 m
By-law 1784
Section 12-204
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.25 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B-1" Zone as shown as the "Subject Property" on Schedule "A-1" annexed to By-
law # 3087-91 except in accordance with the following uses and zone provisions.
(i)
USES PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
6.0 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
10.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
200 m2
(e)
LOT COVERAGE
Maximum
50% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(3087-91)
By-law 1784
Section 12-205
(g)
REAR YARD
Minimum Depth
7.5 m
(h)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.2 m
(i)
EXTERIOR SIDE YARD
Minimum Width
6.0 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(iii)
DEFINITIONS
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply (Where there is a conflict
between the definitions hereinafter set forth and those referred to in Section
2 of By-law # 1784, then the definitions hereinafter set forth shall take
precedence):
(a)
"HEIGHT OF BUILDINGS" means the vertical distance between
the average elevations of the finished surface of the ground at the
side of the building; and,
(i)
in the case of a flat roof, the highest point of roof surface or
the parapet, whichever is the greater;
(ii)
in the case of a mansard roof, the deck roof line; and,
(iii)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any
accessory roof construction such as a chimney, tower,
steeple or television antenna.
(b)
"BASEMENT" means that portion of a building between two floor
levels which is partly underground but which has at least one half of
its height, from finished floor to finished ceiling, above the adjacent
finished grade.
(c)
"CELLAR" means that portion of a building between tow floor
levels which is partly or wholly underground and which has more
than one half its height from finished floor to finished ceiling, below
adjacent finished grade.
(d)
"EXTERIOR SIDE YARD" means a side yard immediately
adjoining a public street or immediately adjoining a 0.3 m reserve.
By-law 1784
Section 12-206
(e)
"YARD" means a space, appurtenant to a building or structure,
located on the same lot as the building or structure, and which
space is open, uncovered and unoccupied from the ground to the
sky except for such accessory buildings, structures or uses as are
specifically permitted elsewhere in By-law # 1784.
(f)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a
group of not more than eight and not less than three single family
dwelling houses attached to each other by a common party wall
(either above or below grade) dividing the dwelling house vertically,
each of which dwelling house,
(a) has separate front and rear entrances or separate front and
side entrances; and,
(b) contains a private garage within each dwelling house.
(e)
No person shall use any lot or part of a lot or erect or alter or use any building or
buildings or structures in that part of the "RMU" Zone shown as Part A and Part B on
Schedule "A-1" annexed to By-law # 2641-89 except in accordance with the following
uses and zone provisions:
RMU - RESIDENTIAL MIXED USE
- NON-RESIDENTIAL
(i)
USES PERMITTED
(up to and including the second storey above ground level)
-
office
-
place of entertainment and assembly
-
retail store and personal service establishment
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
55 m
Notwithstanding anything to the contrary,
Garden Street shall be the lot frontage for
the non-residential uses in an "RMU" zone
category.
(b)
LOT AREA
Minimum
0.9266 ha
(excluding air rights utilized for residential uses)
(c)
LOT COVERAGE
Maximum for all non residential buildings
35%
(d)
LOT DEPTH
Minimum
134 m
(e)
FRONT YARD
Minimum Depth
7.5 m
(f)
INTERIOR SIDE YARD
Minimum Depth
0.0 m
(2641-89)
(6776-13)
By-law 1784
Section 12-207
(g)
REAR YARD
Minimum Depth
0.0 m
(h)
EXTERIOR SIDE YARD
Minimum Depth
7.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
1 storey
(k)
PARKING
(i)
In accordance with the provisions of Section 4 of By-law
1784
(ii)
Notwithstanding Section 4(ix) of By-law 1784 parking areas
may be located in all yards provided that no portion of any
parking area, other than a driveway is located closer than
1.0 m to any street line.
(f)
No person shall use any lot or part of a lot or erect or alter or use any building or on
schedule "A-1" annexed to By-law # 2641-89 except in accordance with the following
uses and zone provisions:
RMU - RESIDENTIAL MIXED USE RESIDENTIAL
(i)
USES PERMITTED (in Part C and above the second storey in Part B)
-
apartment dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
41 m
(b)
LOT AREA
Minimum
0.2821 ha
(not including air rights utilized for
residential uses located above non-
residential uses)
(c)
LOT DEPTH
Minimum
67 m
(d)
FRONT YARD
Minimum Depth
7.5 m
(e)
INTERIOR SIDE YARD
Minimum Depth
0.0 m
(f)
REAR YARD
Minimum Depth
0.0 m
(g)
EXTERIOR SIDE YARD
Minimum Depth
7.5 m
(2641-89)
By-law 1784
Section 12-208
(h)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(i)
HEIGHT OF BUILDING
Maximum
Part B on Schedule A-1
10 storeys above
the second storey
above grade level
Part C on Schedule A-1
12 storeys
(j)
PARKING
(i)
PARKING SPACES REQUIRED ON LOT
Notwithstanding the provisions of
Section 4 of By-law 1784, the
following parking provisions shall
apply
1.5 parking spaces
per
dwelling unit of which 0.2
spaces per unit shall be
set aside and clearly
identified for visitor parking
(ii)
PARKING AREA LOCATION ON LOT
All yards provided that no part of any parking area, other
than a driveway is located closer than 1.0 m to any street
line
(k)
NUMBER OF APARTMENT DWELLING HOUSES
PER LOT
1
(l)
NUMBER OF DWELLING UNITS PER LOT
134
(g)
For the purpose of the interpretation of the various zone provisions set forth in
Subsection (2) above, the following definitions shall apply. (Where there is a conflict
between the definitions hereinafter set forth and those referred to in Section 2 of By-
law 1784, then the definitions hereinafter set forth shall take precedence).
(i)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(ii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
By-law 1784
Section 12-209
(iii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half its height
from finished floor to finished ceiling, below adjacent finished grade.
(iv)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(v)
"OFFICES" means one or more of the following uses, namely; offices, but
does not include such uses as an art studio, medical office, law office, real
estate office and a travel agency.
(vi)
"PERSONAL SERVICE ESTABLISHMENT" means a building or a portion
of a building used to provide direct service to the public which shall include:
a medical office, a bank, a trust company or similar financial institution, a
drugless practitioner, a law office, a real estate office, a travel agency, a
tailor's shop, a barber shop, a beauty salon, a shoe repair, a dry cleaner's
distribution station, an eating establishment, a family restaurant and a school
of dance, art or music.
(vii)
"PLACES OF ENTERTAINMENT AND ASSEMBLY" means one or more of
the following uses, namely, a motion picture theatre, concert hall, dance hall,
billiard or pool room, bowling alley, gymnasium, health club or community
hall.
(viii)
"SINGLE FAMILY LINK DWELLING" means one of a group of not more
than eight single family dwelling units but not less than three single family
dwelling units attached to each other by a common party wall (either above
or below grade) dividing the dwelling units vertically, each of which dwelling
unit
(a)
has a separate front and rear entrance or separate front and side
entrance; and,
(b)
contains a private garage within or continuous to each unit.
(ix)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
(x)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a group of
not more than eight single family dwelling houses but not less than three
single family dwelling houses attached to each other by a common party wall
(either above or below grade) dividing the dwelling house vertically, each of
which dwelling house,
(a)
has separate front and rear entrances or separate front and side
entrances; and,
(b)
contains a private garage within each dwelling house.
(xi)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(6776-13)
(6776-13)
By-law 1784
Section 12-210
(6-D)
PART OF LOT 26, CONCESSION 3
3775 BROCK STREET NORTH
Notwithstanding the uses permitted in Section 11 of By-law 1784, the following additional use
shall be permitted on the lands outlined on Schedule "A-1" annexed to this By-law; namely, a
motel which shall include the following accessory uses: kitchen facilities, dining/lounge area,
manager office and residence and banquet rooms.
(2)
The following zone provisions shall apply to the permitted use outlined above in
paragraph (1).
(a)
LOT FRONTAGE
Minimum
96 m
(b)
LOT AREA
Minimum
1.0 ha
(c)
FRONT YARD
Minimum
20.5 m
(d)
INTERIOR SIDE YARD
Minimum
8.0 m
(e)
NUMBER OF MOTEL UNITS
Maximum
20
(f)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(3)
The aforesaid motel use shall be serviced with a private well and a private waste
disposal system which comply with the standards of the Ministry of the Environment
as amended from time to time and as administered by the Medical Officer of Health or
otherwise.
(6-E)
PART OF LOT 21, CONCESSION 1
Repealed by By-Law Amendment 4611-00
(6-F)
PART OF LOT 24, CONCESSION 3
PLAN OF SUBDIVISION 18T-86044
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "R2B", "R2D" and "OS" of the lands so marked "R2B", "R2D" and "OS"
on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
13.5 m
(2264-87)
(2270-87)
(2274-87)
By-law 1784
Section 12-211
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
400 m2
(d)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above the
exterior wall of the second and third storey of an
building shall be set back a distance from the side lot
line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provision of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2D" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2D - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
By-law 1784
Section 12-212
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
6.7 m
(b)
LOT DEPTH
Minimum
34 m
(c)
LOT AREA
Minimum
228 m2
(d)
LOT COVERAGE
Maximum for all Buildings
50% of the lot area
(e)
FRONT YARD
Minimum Depth
4.0 m
Provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a street
having a planned width of 29 m or more, the minimum
depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m on one side of the
dwelling unit and 0.5 m
on the other side
(h)
EXTERIOR SIDE YARD
Minimum Width
4.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (b) and (c) above, the following definitions shall apply. (Where there is a
conflict between the definitions set forth and those referred to in Section 2 of By-law
1784, then the definition hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
By-law 1784
Section 12-213
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(6-G)
1916 DUNDAS STREET EAST
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation of the "Subject Property" as shown on Schedule "A-1" annexed to this By-
law from "C2-S" to "C1".
(b)
No person shall use any lot, erect, alter or use any building or structure on the lands
shown on Schedule "A-1" annexed to this By-law as the "Subject Property" and
designated thereon "C1" except in accordance with the following provisions where
they are inconsistent with By-law 1784:
(i)
USES PERMITTED
A shopping centre containing one or more or all of the uses hereinafter
specified provided that such uses are carried on wholly within an enclosed
building or buildings:
-
Offices
-
places of entertainment and assembly
-
retail stores and personal service establishment
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum
30% of the lot area
(b)
LANDSCAPED AREA
Minimum
6% of the lot area
(c)
FRONT YARD
Minimum Depth
7.5 m
(2311-87)
(6776-13)
By-law 1784
Section 12-214
(d)
REAR YARD
Minimum Depth
7.5 m
(e)
INTERIOR SIDE YARD
No interior side yard is required provided that if any
building is to be erected, altered or used on a lot
immediately adjoining an Agricultural Zone, an interior
side yard shall be provided on the side adjoining such
Agricultural Zone. Any such required side yard shall
have a minimum width of
1.0 m
(f)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(g)
HEIGHT OF BUILDING
Maximum
10.0 m
(h)
PARKING
Minimum
183 spaces
(i)
OPEN STORAGE
No open storage of goods or materials shall be permitted on the
"Subject Property" designated as "C1" on Schedule "A-1" annexed
to this By-law, provided that nothing herein shall preclude the
operation of an outdoor garden centre on the subject property if it is
ancillary to a permitted use.
(iv)
DEFINITIONS
In applying the provision of (i), (ii) and (iii) aforesaid, the following definitions
shall apply and where there is a conflict between such definitions and the
definitions set forth elsewhere in By-law 1784, the following shall govern:
"OFFICES" means one or more of the following uses, namely, office but
does not include such uses as an art studio, medical office, law office, real
estate office and a travel agency.
"PARKING SPACE" means an area of not less than 15.8 m2, exclusive of
any aisles or ingress and egress lanes, with a minimum perpendicular width
of 2.75 m and a minimum perpendicular length of 5.7 m for the temporary
parking or storage of motor vehicles and may include a private garage.
"PERSONAL SERVICE ESTABLISHMENT" means a building or a portion
of a building used to provide direct service to the public which shall include:
a medical office, a bank, a trust company or similar financial institution, a
drugless practitioner, a law office, a real estate office, a travel agency, a
tailor's shop, a barber shop, a beauty salon, a shoe repair, a dry cleaner's
distribution station, an eating establishment, a family restaurant and a school
of dance, art or music.
"PLACES OF ENTERTAINMENT AND ASSEMBLY" means one or more of
the following uses, namely, a motion picture theatre, concert hall, dance hall,
billiard or pool room, bowling alley, gymnasium, health club or community
hall.
(6776-13)
(6776-13)
By-law 1784
Section 12-215
"SHOPPING CENTRE" means a group of permitted non-residential uses
designed, developed and managed as a unit by a single owner or tenant or
group of owners or tenants as opposed to a business area comprising
unrelated individual uses and may include pedestrian walkways, storage
areas, areas for the provision of heat, air conditioning, washrooms, parking
areas, stairways, elevators and other similar uses required to service the
building or buildings and permitted uses.
(6-H)
PART OF LOT 25, CONCESSION 9
530 MYRTLE ROAD NORTH
Repealed by By-law Amendment 6600-12
(6-I)
PART OF LOT 34, BROKEN FRONT CONCESSION
1595 VICTORIA STREET NORTH
(a)
Notwithstanding the provisions of Section 11(a) of By-law 1784, the lands shown on
Schedule "A-1" annexed to this By-law and designated thereon as the "Subject
Property" may be used for a single family dwelling, within the limits of the Building
Envelope, provided that any such dwelling created on said lands shall be used and
occupied by the bonafide farmer as a personal residence during the remainder of the
bonafide farmer's natural life or at least for a period of 10 years in order to comply
with the intent of Section 12.2.4(a), of the Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A" residential
(other than farming) and the General Provisions of Section 4 of the said By-law 1784
shall apply to any development within the "Building Envelope" pursuant to subsection
(a) above.
(1)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(6-J)
PART OF LOT 22, CONCESSION 6
6775 BALDWIN STREET NORTH
(a)
Notwithstanding the uses permitted in a "C2-S" Special Purpose Commercial Zone as
referred to in Section 7E(1) of By-law 1784, the following additional use shall be
permitted on the lands outlined on Schedule "A-1" annexed to this By-law and marked
as "Subject Property", namely:
-
A bus depot and maintenance facility for the servicing and repair of buses,
including associated office space and yard for the parking of buses.
(c)
Notwithstanding Section 7E ii, iii, vi, vii, ix, x and xi of By-law 1784 to the contrary, the
following provisions shall apply to the bus depot and maintenance facility on the lands
shown on the "Subject Property" on Schedule "A-1":
(i)
FRONTAGE
Minimum
45 m
(ii)
DEPTH
Minimum
14 m
(iii)
INTERIOR SIDE YARD
Minimum Width
6.0 m
(2308-87)
(2329-88)
(2347-88)
By-law 1784
Section 12-216
(iv)
LANDSCAPED OPEN SPACE
Minimum
6%
Along the rear and side lot lines, a minimum 4.5 m wide landscaped buffer
strip, comprising a 1.0 m high earth berm with a row of evergreens not less
than 1.5 m high, shall be provided.
(v)
OPEN STORAGE
The permitted uses and other operations incidental thereto, including
storage of goods, chattels and materials, shall be carried on within the
confines of a building, provided, however, that nothing herein shall be
deemed to prevent the outside parking of automobiles during normal
business hours by the owner, tenants, employees and customers, nor shall it
prevent the outdoor parking of buses.
(6-K)
PART OF LOT 18, CONCESSION 2
PLAN OF SUBDIVISION 18T-8 017
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A", "R2A/R3B" and "OS" of the lands so marked "R2A",
"R2A/R3B" and "OS" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for 1 storey dwelling unit
41%
Maximum for 2 storey dwelling unit
34%
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding
the above, a garage or carport the
entrance to which is from the front yard,
shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(2359-88)
(4252-98)
By-law 1784
Section 12-217
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding
the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A/R3B" Zone on Schedule "A-1" annexed to this By-law except in accordance with
the following uses and zone provisions:
R2A/R3B - SINGLE FAMILY DETACHED - SINGLE FAMILY SEMI-DETACHED
DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
-
semi-detached dwelling house
(ii)
ZONE PROVISIONS
(a)
For a single family detached dwelling house the zone provisions
shall be in accordance with Section (b)(ii) of this By-law.
(b)
For a semi-detached dwelling houses the zone provisions shall be
in accordance with the following zone provisions:
(c)
LOT FRONTAGE
Minimum
9.0 m for each dwelling unit
By-law 1784
Section 12-218
(d)
LOT DEPTH
Minimum
30 m
(e)
LOT AREA
Minimum
270 m2 for each dwelling unit
(f)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(g)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(h)
REAR YARD
Minimum
10.0 m
(i)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding
the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(j)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side lot line, a minimum distance of
6.0 m
(k)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(l)
HEIGHT OF BUILDING
Maximum
8.0 m
(m)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
By-law 1784
Section 12-219
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground a the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"SINGLE FAMILY SEMI-DETACHED DWELLING HOUSE" means one of a
pair of two attached single family dwellings with a common party wall (either
above or below grade) dividing the pair of family dwellings vertically, each of
which has an independent entrance from the outside.
(6-L)
PART OF LOT 19, CONCESSION 3
PLAN OF SUBDIVISION 18T-85036
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A" of the lands so marked "R2A" on Schedule "A-1" annexed to
this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(2360-88)
By-law 1784
Section 12-220
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
By-law 1784
Section 12-221
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground a the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(6-M)
PART OF LOT 35, CONCESSION 1
1616 AND 1618 VICTORIA STREET WEST
Repealed by By-law Amendment 2493-88
(a)
Notwithstanding the provisions of Section 11(a) of By-law 1784, the lands shown on
Schedule "A-1" annexed to this By-law and designated thereon as the "Subject
Property" (dots) may be used for a single-family dwelling.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A" residential
(other than farming) and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" (dots) pursuant to
Subsection (a) above except where inconsistent with the following:
(i)
ACCESSORY BUILDINGS
INTERIOR SIDE YARD
Minimum Width
2.0 m
(2)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(3)
Notwithstanding the interior side yard provision for an Agricultural Zone (Residential
other than Farming) for the "Subject Property" as shown on the attached Schedule
"A-1" the following shall apply:
(i)
INTERIOR SIDE YARD
Minimum
3.6 m
(2361-88)
By-law 1784
Section 12-222
(6-N)
PART OF LOT 18, CONCESSION 5
5959 GARRARD ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law 1784, the lands shown on
Schedule "A-1" annexed to this By-law and designated thereon as the "Subject
Property" may be used for a single family dwelling, within the limits of the building
envelope, providing that any such dwelling created on said lands shall be used and
occupied by the bonafide farmer as a personal residence during the remainder of the
bonafide farmer's natural life or at least for a period of 10 years in order to comply
with the intent of Section 12.2.4(a), of the Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A" residential
(other than farming) and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" pursuant to Subsection (a)
above.
(3)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(6-O)
PART OF LOT 18, CONCESSION 8
329 HAMERS ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law 1784, the lands shown on
Schedule "A-1" annexed to this By-law and designated thereon as the "Subject
Property" may be used for a single family dwelling, providing that any such dwelling
created on said lands shall be used and occupied by the bonafide farmer as a
personal residence during the remainder of the bonafide farmer's natural life or at
least for a period of 10 years in order to comply with the intent of Section 11.2.6(a), of
the Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as 'A" residential
(other than farming) and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" pursuant to Subsection (a)
above.
(2)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(6-P)
PART OF LOT 20, CONCESSION 2
25 THICKSON ROAD NORTH
Notwithstanding the uses permitted in the Special Purpose Commercial Zone as referred to in
Section 7E of By-law 1784, the following additional uses shall be permitted on the lands
outlined on Schedule "A-1" annexed to this By-law; namely: a retail/wholesale automotive parts
store, a retail sporting goods centre, a recreational club, banquet or assembly hall and a retail
warehouse outlet.
(6-Q)
PART OF LOT 31, CONCESSION 9
PLAN OF SUBDIVISION (18T-87025)
Repealed by By-law Amendment 5581-05.
(2454-88)
(2362-88)
(2394-88)
(2454-88)
By-law 1784
Section 12-223
(6-R)
PART OF LOT 21, CONCESSION 3
PLAN OF SUBDIVISION 18T-83017
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R2A", "R2B" and "OS" of the lands so marked "R2A", "R2B" and
"OS" on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
interior side yards shall be
4.5 m
(2473-88)
By-law 1784
Section 12-224
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
12 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
By-law 1784
Section 12-225
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(i)
HEIGHT OF BUILDING
Maximum
8.0 m
(j)
PARKING
In accordance with the provision of Section 4 of By-law 1784.
(d)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grades.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"ZERO DECIMAL THREE RESERVE" means a strip of land of 0.3 m in
width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
By-law 1784
Section 12-226
(6-S)
PART OF LOT 20, CONCESSION 7
7675 THICKSON ROAD NORTH
(a)
Notwithstanding the provisions of Section 11(a) of By-law 1784, the lands shown on
schedule "A-1" annexed to this By-law and designated thereon as the "Subject
Property" may be used for a single family dwelling, providing that any such dwelling
created on said lands shall be used and occupied by the bonafide farmer as a
personal residence in order to comply with the intent of Section 11.2.6(a), of the
Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A" residential
(other than farming) and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" pursuant to Subsection (a)
above except where inconsistent with the following:
FRONT YARD
Minimum
2.36 m
(1)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(6-T)
PART OF LOTS 19 AND 20, BROKEN FRONT CONCESSION
Repealed by By-law Amendment 6600-12
(6-U)
PART OF 18 AND 19, CONCESSION 1
1700 CHAMPLAIN AVENUE
Notwithstanding the uses permitted in a Prestige Industrial Zone as referred to in Section 8A of
By-law 1784, the additional use of a hotel/motel shall be permitted on the lands outlined on
Schedule "A-1" (dots) annexed to this By-law, wherein the following zone provisions shall
apply to the said use:
(a)
LOT FRONTAGE
Minimum
115 m
(b)
LOT DEPTH
Minimum
97 m
(c)
LOT COVERAGE
Maximum
25% of the lot area
(d)
FRONT YARD
Minimum Depth
0.9 m
(e)
REAR YARD
Minimum Depth
7.5 m
(f)
INTERIOR SIDE YARD
Minimum Width
0.3 m
(g)
HEIGHT OF BUILDING
Maximum
12 m
(h)
USE OF FRONT YARD
A maximum of 20% of the required parking for the subject lot may be permitted in the
front yard only.
(2501-88)
(2498-88)
(2499-88)
By-law 1784
Section 12-227
(i)
OUTSIDE STORAGE
Save and except parking, all permitted uses and other operations incidental thereto
including storage shall be carried on within the confines of a building.
(j)
LANDSCAPED OPEN SPACE
Minimum
30% of the lot area
(k)
PARKING
For the hotel/motel use the minimum number of parking spaces to be
provided shall be
117 spaces
For the restaurant use the minimum number of parking spaces to be
provided shall be
42 spaces
(3)
HOLDING PROVISION
Repealed by By-law Amendment 6600-12
Repealed by By-law Amendment 6893-14
(6-V)
PART OF LOT 24, CONCESSION 3
PLAN OF SUBDIVISION 18T-87016
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designations to "R4B", "R5A", "CRO" and "OS" of the lands so marked "R4B", "R5A",
"R5A", "CRO" and "OS" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R4B - SINGLE FAMILY TOWN HOUSE DWELLING
(i)
USES PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
7.0 m
except in the case of a corner lot the
minimum frontage is
11 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
200 m2
(d)
LOT COVERAGE
Maximum
50% of the lot area
(2502-88)
By-law 1784
Section 12-228
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be setback from the front lot line a
minimum distance of
5.5 m
(f)
REAR YARD
Minimum Depth
7.5 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.25 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R5A" Zone on Schedule "A-1" annexed to this By-law except in accordance with
following uses and zone provisions.
R5A - AN APARTMENT DWELLING HOUSE
(i)
USES PERMITTED
-
apartment dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT AREA
Minimum
0.80 ha
(b)
LOT COVERAGE
Maximum
35% of the lot area
(c)
FRONT YARD
Minimum Depth
16 m
(d)
REAR YARD
Minimum Depth
13 m
By-law 1784
Section 12-229
(e)
INTERIOR SIDE YARD (NORTH)
Minimum Depth
20 m at the 4 storey height
27 m at the 8 storey height.
37 m at the 12 storey height
(f)
INTERIOR SIDE YARD (SOUTH)
Minimum Depth
7.5 m
(g)
LANDSCAPED OPEN SPACE
Minimum
30% of the lot area
(h)
HEIGHT OF BUILDING
Maximum
12 storeys
(i)
PARKING
Notwithstanding the parking provisions of
Section 4 of By-law 1784, the following
shall apply;
1.5 parking spaces for
each dwelling unit with 0.2
spaces per unit allocated
and assigned for visitor
parking
(j)
Notwithstanding Section 4(m)(ix) of By-law 1784; parking areas shall
be located in all yards provided that no portion of any parking area,
other than a driveway, is located closer than 1.0 m to any street line.
(k)
NUMBER OF DWELLING UNITS
162
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"CRO" Zone, on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
CRO - COMMERCIAL/RETAIL/OFFICE
(i)
USES PERMITTED
-
clinic
-
eating establishment
-
government, offices
-
retail stores and personal service establishment
(ii)
ZONE PROVISIONS
(a)
LOT AREA
Minimum
0.62 ha
(b)
LOT COVERAGE
Maximum
60% of the lot area
(c)
FRONT YARD
Minimum Depth
17 m
(d)
INTERIOR SIDE YARD
Minimum Depth
9.0 m
(e)
REAR YARD
Minimum Depth
24 m
(6776-13)
(6776-13)
By-law 1784
Section 12-230
(f)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(g)
HEIGHT OF BUILDING
Maximum
7 storeys
(h)
PARKING
(i)
In accordance with the provisions of Section 4 of By-law 1784.
(ii) Notwithstanding Section 4(m)(ix) of By-law 1784; parking areas
shall be located in all yards provided that no portion of any
parking area, other than a driveway, is located closer than 1.0
m to any street line
(e)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(ii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
(iii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(iv)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(v)
"OFFICES" means one or more of the following uses, namely, offices, but
does not include such uses as an art studio, medical office, law office, real
estate office and a travel agency.
(vi)
"PERSONAL SERVICE ESTABLISHMENT" means a building or a portion
of a building used to provide direct service to the public which shall include:
a medical office, a clinic, a bank, a trust company or similar financial
institution, a drugless practitioner, a law office, a real estate office, a travel
agency, a tailor's shop, a barber shop, a beauty salon, a shoe repair, a dry
cleaner's distribution station, an eating establishment, a family restaurant
and a school of dance, art or music.
(6776-13)
(6776-13)
By-law 1784
Section 12-231
(vii)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a group of
not more than eight single family dwelling units but not less than three single
family dwelling units attached to each other by a common wall dividing the
dwelling units vertically, each of which dwelling units
(a)
has a separate front a rear entrance or separate front and side
entrance; and,
(b)
contains a private garage within or contiguous to each unit.
(viii)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ix)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham
(6-W)
PART OF LOT 23 AND 24, CONCESSION 3
PLAN OF SUBDIVISION 18T-87053
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "R1A", "R2A", "R2B", "R3A", "R5A", "I/R2A", "I", "OS", "G" and "D" of
the lands so marked "R1A", "R2A", "R2B", "R3B", "R5A", "I/R2A", "I", "OS", "G" and
"D" on Schedule "A-1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R1A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R1A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
18 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
540 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(2503-88)
By-law 1784
Section 12-232
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth of
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
By-law 1784
Section 12-233
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth of
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be setback from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-234
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
12 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
the exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
By-law 1784
Section 12-235
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(e)
No person shall use any lot or erect or alter or use any building structure in any "R3A"
Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R3A - SINGLE FAMILY LINK DWELLING HOUSE
(i)
USES PERMITTED
-
single family link dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
270 m2
(d)
LOT COVERAGE
Maximum
45% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.2 m
By-law 1784
Section 12-236
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the distance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(f)
No person shall use any lot or erect or alter or use any building or structure in any
"R5A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions.
R5A - APARTMENT DWELLING HOUSE
(i)
USES PERMITTED
-
apartment dwelling house senior citizen residence
(ii)
ZONE PROVISIONS
(a)
LOT AREA
Minimum
1.22 ha
(b)
LOT COVERAGE
Maximum
35% of the lot area
(c)
FRONT YARD
Minimum Depth
7.5 m
(d)
INTERIOR SIDE YARD
Minimum Depth
7.5 m
(e)
REAR YARD
Minimum Depth
7.5 m
(f)
LANDSCAPED OPEN SPACE
Minimum
35% of the lot area
(g)
HEIGHT OF BUILDING
Maximum
4 storeys
(h)
NUMBER OF DWELLING UNITS
120
By-law 1784
Section 12-237
(i)
PARKING
(a)
Notwithstanding the provisions of Section 4 of By-law 1784, the
following parking provisions shall apply:
Senior Citizen Residence
0.6 spaces for each
dwelling unit, with 0.2
spaces per unit allocated
and assigned for visitor
parking
Apartment Dwelling House
1.5 parking spaces per
dwelling unit of which 0.2
spaces per unit shall be
set aside and clearly
identified for visitor use
(b)
Notwithstanding Section 4(ix) of By-law 1784; parking
areas shall be located in all yards provided that no portion
of any parking area, other than a driveway is located
closer than 1.0 m to any street line.
(g)
No person shall use any lot or erect or alter or use any building or structure in any
"I/R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
I/R2A - INSTITUTIONAL ZONE - SINGLE FAMILY DETACHED DWELLING
HOUSE
(i)
USES PERMITTED
"I" Institutional
-
arena church
-
community centre
-
long term care facility
-
nursery school
-
school (elementary and secondary)
-
swimming pool
"R2A"
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
For an Institutional use the zone provisions shall be in accordance
with the following zone provisions:
(a) FRONT YARD
Minimum Depth
15 m
(b) INTERIOR SIDE YARD
Minimum Width
10.0 m
(c) REAR YARD
Minimum Depth
10.0 m
(d) EXTERIOR SIDE YARD
Minimum Width
10.0 m
(6925-14)
By-law 1784
Section 12-238
(e) LOT COVERAGE
Maximum for all buildings
50% of the lot area
(f) HEIGHT OF BUILDINGS
Maximum
15 m
(g) PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(b)
For a single family detached dwelling house the zone provisions
shall be in accordance with Section (c)(ii) of this By-law.
(h)
No person shall use any lot or erect or alter or use any building or structure in any "D"
Zone in Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
D - DEVELOPMENT
(i)
USES PERMITTED
-
berry or bush crop
-
field crop
-
flower garden
-
green house
-
horticulture nursery
-
market garden
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
10% of the lot area
(b)
FRONT YARD
Minimum Depth
7.5 m
(c)
REAR YARD
Minimum
7.5 m
(d)
INTERIOR SIDE YARD
Minimum Width
7.5 m
(e)
HEIGHT OF BUILDINGS
Maximum
10.0 m
(f)
PARKING
In accordance with Section 4 of By-law 1784.
(i)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (b), (c), (d), (e), (f) and (g) above, the following definitions shall apply.
(Where there is a conflict between the definitions set forth and those referred to in
Section 2 of By-law 1784, then the definitions hereinafter set forth shall take
precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
By-law 1784
Section 12-239
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"SINGLE FAMILY LINK DWELLING" means one of a group of not more
than eight single family dwelling units but not less than three single family
dwelling units attached to each other, side by side, each of which dwelling
unit,
(a)
has a separate front and rear entrance or separate front and side
entrance;
(b)
is attached on one or both sides by either a common party wall
(Either above or below grade) or a private garage or private fence
or wall to another dwelling in the same row; and,
(c)
contains a private garage within or contiguous to each unit.
(vii)
"NURSERY SCHOOL" means a day nursery within the meaning of the Day
Nurseries Act.
(viii)
"ZERO DECIMAL THREE RESERVE" means a strip of land of 0.3 m in
width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(6-X)
PART OF LOT 32, CONCESSION 2
PLAN OF SUBDIVISION 18T-87015
(a)
That Schedule "B" to By-law 1784 is hereby amended by changing the zone
designation to "R2A" and "G" of the lands so marked "R2A" and "G" on Schedule "A-
1" annexed to this By-law.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to this By-law except in accordance with the
following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(2513-88)
By-law 1784
Section 12-240
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-241
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law 1784, then
the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grades.
(6-Y)
PART OF LOT 19, CONCESSION 4
4110 GARRARD ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, no person shall use
any lot within the area designated as "Subject Property" as shown on Schedule "A-1"
annexed to this By-law or use, alter, erect, locate or otherwise place any building or
other structure thereon for any purpose except that of a single family residence
located within an existing residential node as delineated on Schedule "A-1" annexed
to this By-law.
(b)
The aforesaid non-farm residential use shall be serviced with a private well and
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(2)
The zone requirements of Schedule "A" to By-law 1784 designated as "A Residential
(other than farming)" and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" except for the following
provision:
(a)
LOT FRONTAGE
Minimum
30 m
(3)
Repealed by By-law Amendment 6600-12
(2514-88)
By-law 1784
Section 12-242
(6-Z)
PART OF LOT 20, CONCESSION 8
30 AND 36 BRAWLEY ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, no person shall use
any lot within the area designated as "Subject Property" as shown on Schedule "A-1"
annexed to this By-law or use, alter, erect, locate or otherwise place any building or
other structure thereon for any purpose except that of a single-family residence
located within a residential cluster as delineated on Schedule "A-1" annexed to this
By-law.
(b)
The aforesaid non-farm residential use shall be serviced with a private well and
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Office of Health or otherwise.
(c)
The zone requirements of Schedule "A" to By-law 1784 designated as "A Residential
(other than farming)" and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" except for the following
provision:
(a)
LOT FRONTAGE
Minimum
35 m
(d)
The zone requirements of Schedule "A" to By-law 1784 designated as "A Residential
(other than farming)" shall continue to apply to the "Retained lands" as shown on
Schedule "A-1" annexed to this By-law except for the following provision:
(a)
LOT FRONTAGE
Minimum
35 m
(7-A)
PART OF LOT 20, CONCESSION 3
PLAN OF SUBDIVISION 18T-87077
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" to By-law # 2569-89 annexed to this By-law except in
accordance with the following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(2541-89)
(2569-89)
By-law 1784
Section 12-243
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth of
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" to By-law # 2569-89 annexed to this By-law except in
accordance with the following uses and zone provisions:
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
By-law 1784
Section 12-244
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
12 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above the
exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be setback from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R3A" Zone on Schedule "A-1" annexed to By-law # 2569-8 annexed to this By-law
except in accordance with the following uses and zone provisions.
R3A - SINGLE FAMILY LINK DWELLING HOUSE
(i)
USES PERMITTED
-
single family link dwelling house
By-law 1784
Section 12-245
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
270 m2
(d)
LOT COVERAGE
Maximum
45% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement.
(h)
EXTERIOR SIDE YARD
Minimum Width
3.0 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-246
(d)
No person shall use any lot or erect or alter or use any building structure in any "R5A"
Zone on Schedule "A-1" to By-law # 2569-89 annexed to this By-law except in
accordance with the following uses and zone provisions.
R5A - APARTMENT DWELLING HOUSE
(i)
USES PERMITTED
-
apartment dwelling house
-
senior citizen residence
(ii)
ZONE PROVISIONS
(a)
LOT AREA
Minimum
0.9 ha
(b)
LOT COVERAGE
Maximum
35% of the lot area
(c)
FRONT YARD AND/OR EXTERIOR SIDE YARD
Minimum Depth
7.5 m
Plus 1.25 m for each additional storey above the
fourth storey.
(d)
INTERIOR SIDE YARD
Minimum Depth
7.5 m
Plus 1.5 m for each additional storey above the
second storey.
(e)
REAR YARD
Minimum Depth for two storeys
7.5 m
Plus 1.5 m for each additional storey above the
second storey.
(f)
LANDSCAPED OPEN SPACE
Minimum
35% of the lot area
(g)
HEIGHT OF BUILDING
Maximum
6 storeys
(h)
NUMBER OF DWELLING UNITS
Maximum
110
(i)
PARKING
(a) Apartment Dwelling House
1.5 parking spaces per
dwelling unit of which 0.25
spaces per unit shall be
set aside and clearly
identified for visitor use
(b) Senior Citizen Residence
0.6 spaces for each
dwelling unit of which 0.2
spaces per unit are
allocated and assigned for
visitor parking
(c) Non-Profit Housing Apartment
1.2 parking spaces for
each dwelling unit of
which 0.2 spaces shall be
designated and signed
for visitor parking.
(2620-89)
(2857-90)
By-law 1784
Section 12-247
(d) Notwithstanding Section 4(m)(ix) of
By-law 1784; parking areas shall be
located in all yards subject to the
following;
the total parking spaces in both the front
and exterior side yards shall not exceed
20% of the total parking spaces provided
on the lot; and,
that any parking area located in the rear or
interior side yard be set back from the rear or
interior lot line a minimum of
3.0 m
(e)
No person shall use any lot or erect or alter or use any building or structure in any
"I/R2A" Zone on Schedule "A-1" to By-law # 2569-89 annexed to this By-law except in
accordance with the following uses and zone provisions.
I/R2A - INSTITUTIONAL ZONE
SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USE PERMITTED
"I" Institutional
-
Arena
-
Church
-
community centre
-
long term care facility
-
nursery school
-
school (elementary and secondary)
-
swimming pool
"R2A"
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
For an Institutional use the zone provisions shall be in accordance
with the following zone provisions:
(a) FRONT YARD
Minimum Depth
15 m
(b) INTERIOR SIDE YARD
Minimum Width
10.0 m
(c) REAR YARD
Minimum
10.0 m
(d) EXTERIOR SIDE YARD
Minimum Width
10.0 m
(e) LOT COVERAGE
Maximum for all Buildings
50% of the lot area
(f) HEIGHT OF BUILDING
Maximum
15 m
(6925-14)
By-law 1784
Section 12-248
(g) PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(b)
For a single family detached dwelling house the zone provisions
shall be in accordance with clause (b)(ii) of this subsection.
(f)
No person shall use any lot or erect or alter or use any building or structure in any "D"
Zone on Schedule "A-1" to By-law # 2569-89 annexed to this By-law except in
accordance with the following uses and zone provisions:
D - DEVELOPMENT
(i)
USE PERMITTED
-
berry or bush crop
-
field crop
-
flower garden
-
green house
-
horticulture nursery
-
market garden
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all Buildings
10% of the lot area
(b)
FRONT YARD
Minimum Depth
7.5 m
(c)
REAR YARD
Minimum Depth
7.5 m
(d)
INTERIOR SIDE YARD
Minimum Width
7.5 m
(e)
EXTERIOR SIDE YARD
Minimum Width
10.0 m
(f)
HEIGHT OF BUILDINGS
Maximum
15 m
(g)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(g)
For the purpose of the interpretation of the various zone provisions set forth in
clauses (b), (c), (d), (e), (f) and (g) above, the following definitions shall apply.
(Where there is a conflict between the definitions set forth and those referred to in
Section 2 of By-law 1784, then the definitions hereinafter set forth shall take
precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
By-law 1784
Section 12-249
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the front of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"SENIOR CITIZEN RESIDENCE" means a building used to house senior
citizens, with or without medical care facilities or other common facilities
devoted to and exclusively serving the residents of the building, whether
under private or public ownership.
(vii)
"SINGLE FAMILY LINK DWELLING" means one of a group of single family
dwelling units attached to each other, side by side, each of which dwelling
unit,
(a)
has a separate front and rear entrance or separate front and side
entrance;
(b)
is attached on one or both sides by either a common party wall
(either above or below grade) or a private garage or private fence
or wall to another dwelling in the same row; and,
(c)
contains a private garage within or contiguous to each unit.
(viii)
"NURSERY SCHOOL" means a day nursery within the meaning of the Day
Nurseries Act.
(ix)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(7-B)
PART OF LOT 18, CONCESSION 3
PLAN OF SUBDIVISION 18T-86050
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" to By-law # 2570-89 annexed to this By-law except in
accordance with the following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(2570-89)
By-law 1784
Section 12-250
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the front yard, shall be set back a minimum
distance from the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
6.0 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
9.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-251
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" to By-law # 2570-89 annexed to this By-law except in
accordance with the following uses and zone provisions.
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
14 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6.0 m
(f)
REAR YARD
Minimum
10.0 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above the
exterior wall of the second storey of any building shall
be set back a distance from the side lot line of at least
1.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(i)
HEIGHT OF BUILDING
Maximum
9.0 m
(j)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-252
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
subsection, the following definitions shall apply. (Where there is a conflict between
the definitions hereinafter set forth and those referred to in Section 2 of By-law 1784,
then the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the front of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grades.
(7-C)
PART OF LOT 18, CONCESSION 5
5185 GARRARD ROAD
Repealed by By-law Amendment 7730-21
(7-D)
PART OF LOT 20, BROKEN FRONT CONCESSION
100 SCOTIA COURT
(a)
Notwithstanding Section 8(a) of By-law 1784 the additional use of offices shall be
permitted on the "Subject Property" as shown on Schedule "A-1" annexed to By-law
2588-89.
(b)
The maximum floor space permitted for the permitted use as noted above in
paragraph (a)shall be
1,858 m2
(7-E)
PART OF BLOCK 'L', PLAN M-1133
11 LANGMAID COURT
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" to By-law # 2587-89 annexed to this By-law except in
accordance with the following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(2586-89)
(2588-89)
(6776-13)
(2587-89)
By-law 1784
Section 12-253
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth of
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
By-law 1784
Section 12-254
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(b)
For the purpose of the interpretation of the various zone provisions set forth in clause
2(a) above, the following definitions shall apply. (Where there is a conflict between
the definitions set forth and those referred to in Section 2 of By-law 1784, then the
definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the front of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(7-F)
NORTHEAST CORNER OF HAROLD STREET AND MEADOW ROAD
229 MEADOW ROAD & 16 HAROLD STREET
(a)
Notwithstanding the minimum lot area provisions for an "R2" Zone found in Schedule
"A" Zone Requirements Table of By-law 1784, the following shall apply to the subject
property identified on Schedule "A-1" to By-law # 2604-89:
LOT AREA WITH SERVICES (dots)
Minimum
868.6 m2
LOT AREA WITH SERVICES (crosshatching)
Minimum
710.6 m2
(b)
Notwithstanding Section 4(x) of By-law 1784, the minimum
setback for an accessory garage from a street line shall be
2.1 m
(c)
All other zone provisions of the "R2" Zone category shall continue to apply to the
subject property except where amended.
(2604-89)
By-law 1784
Section 12-255
(7-G)
217 GARRARD ROAD
(a)
Notwithstanding the minimum lot frontage for an "R2" Zone
found in Schedule "A" Zone Requirements Table of By-law
1784, the following shall apply to the subject property
identified on Schedule "A-1" to By-law # 2604-89:
LOT FRONTAGE WITH SERVICES
Minimum
16.7 m
(b)
Notwithstanding the minimum interior side yard for an "R2"
Zone found in Schedule "A" Zone Requirements Table of By-
law 1784, the following shall apply:
INTERIOR SIDE YARD (dots)
Minimum
4.5 m
(c)
All other zone provisions of the "R2" Zone category shall
continue to apply to the subject property except where
amended.
(7-H)
SOUTHWEST CORNER OF BALDWIN STREET NORTH AND WAY STREET
76 BALDWIN STREET
Repealed by By-law Amendment 7313-17
(7-I)
PART OF LOT 18, CONCESSION 1
223 & 225 KENDALWOOD ROAD
The zone requirements of Schedule "A" to By-law 1784 designated as "R2" and the general
provisions of Section 4 of the said By-law 1784, shall apply to any development on the
"Subject Property" identified on Schedule "A-1" to By-law # 2629-89, with the following
exception:
LOT FRONTAGE
(with public water supply or public sanitary sewers)
Minimum
15.8 m
(7-J)
PART OF LOT 14, PLAN 615
18 WARD STREET
Notwithstanding Section 11(a) of By-law 1784, the use of a single family dwelling may be
permitted on the "Subject Property" identified on Schedule "A-1" annexed to By-law # 2630-89
subject to the following provisions:
(a)
the zone requirements of Schedule "A" to By-law 1784 designated as "A" Residential
(other than farming and the general provisions of Section 4 of the said By-law 1784)
shall apply to any development of the "Subject Property" identified on Schedule "A-1"
to By-law # 2630-89 with the following exceptions:
LOT FRONTAGE
(with public water supply or public sanitary sewers)
Minimum
15 m
LOT AREA
(with public water supply or public sanitary sewers)
Minimum
0.14 ha
(2604-89)
(2621-89)
(2629-89)
(2630-89)
By-law 1784
Section 12-256
(2)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(7-K)
LOT 6, PLAN M-1204
65 SUNRAY STREET
(a)
Notwithstanding the uses permitted in Section 8A(i)(b), Prestige Industrial (M1A)
Zone of By-law 1784, the following additional use shall be permitted, namely a
bingo/banquet hall on the "Subject Property" as shown on Schedule "A-1" annexed to
By-law # 2631-89.
(b)
The zone provisions of the M1A Zone shall continue to apply to the "Subject Property"
as shown on Schedule "A-1" annexed to By-law # 2631-89.
(c)
Notwithstanding the parking provisions of By-law 1784, the following shall apply to the
"Subject Property" as shown on Schedule "A-1" annexed to By-law 2631-89 where
the "Subject Property" is being used in whole or in part as a "Bingo/ Banquet Hall".
PARKING
Minimum
1 parking space for 8.0 m2 of gross floor area.
(7-L)
PART OF LOT 31, CONCESSION 6
750 & 780 WINCHESTER ROAD WEST
AE - AGRICULTURAL EXCLUSIVE
(i)
USES PERMITTED
-
General agricultural uses which are not obnoxious to the public welfare including
farm buildings, field crops, gardening, nurseries, orchards and forestry.
(ii)
ZONE PROVISIONS
The zone provisions of Schedule "A", Zone Requirements Table, designated as "A"
(Farming) shall apply to any development on the "Subject Property" designated as
"AE" on Schedule "A-1" annexed to By-law # 2632-89.
(3)
Notwithstanding the provisions of Section 11(a) of By-law 1784, the lands shown on
Schedule "A-1" annexed to By-law 2632-89 and designated thereon as the "Subject
Property" (DOTS) may be used for a single family dwelling, providing that any such
dwelling created on the said lands is used for one member only of the farmer's
immediate family who is employed or significantly assists in the operation of the farm
in order to comply with the intent of Section 11.2.6(c) of the Official Plan of the Region
of Durham.
(a)
The zone requirements of Schedule "A" to By-law 1784 designated as "A"
Residential (other than farming) and the general provisions of Section 4 of
the said By-law 1784 shall apply to any development on the "Subject
Property" (DOTS) as shown on Schedule "A-1" annexed to By-law # 2632-
89, pursuant to Section 3 above.
(4)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(7-N)
PART OF LOT 20, BROKEN FRONT CONCESSION
1621 MCEWEN DRIVE
Repealed by By-law Amendment 7989-23
(2631-89)
(2632-89)
(2638-89)
By-law 1784
Section 12-257
(7-O)
PART OF LOT 21, CONCESSION 1
Repealed by By-law Amendment 6600-12
(7-P)
PART OF LOT 33, CONCESSION 2
925 ROSSLAND ROAD WEST
(a)
Notwithstanding the provisions of Section 11(a) of By-law 1784, the lands shown on
Schedule "A-1" annexed to By-law 2666-89 and designated thereon as the "Subject
Property", may be used for a single family dwelling, provided that any such dwelling
created on said lands shall be used and occupied by the bonafide farmer as a
personal residence in order to comply with the intent of Section 12.2.4(a), of the
Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law 1784 designated as "A" residential
(other than farming) and the general provisions of Section 4 of the said By-law 1784
shall apply to any development on the "Subject Property" pursuant to Subsection (a)
above.
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(7-Q)
PART OF LOT 18, CONCESSION 3
2002 ROSSLAND ROAD EAST
Repealed by By-law Amendment 8115-24
(7-R)
SOUTHWEST CORNER OF THICKSON ROAD SOUTH AND WENTWORTH
STREET
1555 WENTWORTH STREET
(a)
Notwithstanding the zone provisions of Section 8A(ii)(h) of By-law # 1784 the
following shall apply to that portion of the "Subject Property" marked "M1A" on
Schedule "A-1" annexed to By-law # 2702-89:
Use of Front and Exterior Side Yard
A maximum of 30% of the required parking spaces may be permitted in the front
and/or exterior side yard, provided no portion of the parking area is any closer than
3.0 m to the front or exterior lot lines.
(b)
Notwithstanding the zone provisions of Section 8, "M1" Zone Schedule "A" Zone
Requirements Table, interior side yard requirements of By-law # 1784, the following
shall apply on that portion of the "Subject Property" marked "M1" shown on Schedule
"A-1" annexed to By-law # 2702-89.
INTERIOR SIDE YARD
(as measured between the northerly limit of that portion of any building within the 'M1'
Zone and the northerly limit of the 'M1' Zone)
Minimum Width
5.0 m
(7-S)
1190 DUNDAS STREET WEST
Repealed by By-law Amendment 7931-22
(7-T)
1180 DUNDAS STREET WEST
Repealed by By-law Amendment 7931-22
(2642-89)
(2666-89)
(2672-89)
(2702-89)
(2704-89)
(2706-89)
By-law 1784
Section 12-258
(7-U)
PART OF LOT 20, BROKEN FRONT CONCESSION
100 SCOTIA COURT
(a)
Notwithstanding the permitted uses of Section 8(a) of By-law # 1784, the lands shown
on Schedule "A-1" annexed to By-law # 2732-89 and designated thereon as "Subject
Property", may be used for the additional use of a recreational club or facility.
(b)
Notwithstanding any other provisions to the contrary contained in By-law # 1784, the
maximum floor space permitted for a recreational club or facility shall be 669 m2
(7-V)
PART OF LOT 22, CONCESSION 7
7265 BALDWIN STREET NORTH
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, the lands shown on
Schedule "A-1" annexed to By-law # 2731-89 and designated thereon as the "Subject
Property", may be used for a single family dwelling, provided that any such dwelling
created on said lands shall be used and occupied by the bonafide farmer as a
personal residence in order to comply with the intent of Section 11.2.6(a), of the
Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law # 1784 designated as "A"
Agricultural (Residential other than farming) and the general provisions of Section 4 of
the said By-law # 1784 shall apply to any development on the "Subject Property"
pursuant to Subsection (a) above.
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(7-W)
PART OF LOT 18, CONCESSION 5
5515 GARRARD ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, the lands shown as
the "Subject Property" on Schedule "A-1" annexed to By-law # 2737-89, may be used
for a single family dwelling, in accordance with the provisions of Section 12.2.4(a), of
the Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law # 1784 designated as "A"
Agricultural (Residential other than farming) and the general provisions of Section 4 of
By-law # 1784 shall apply to any development on the lands shown on the "Subject
Property" on Schedule "A-1" annexed to By-law # 2737-89 except where inconsistent
with the following:
(i)
FRONT YARD
Minimum
9.0 m
(ii)
REAR YARD
Minimum
5.0 m
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(2732-89)
(2731-89)
(2737-89)
By-law 1784
Section 12-259
(7-X)
PART OF LOT 26, CONCESSION 3
PLAN OF SUBDIVISION 18T-88068
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone as shown on Schedule "A-1" annexed to By-law # 2757-89 except in
accordance with the following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
29 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all Buildings
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth of
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(2757-89)
By-law 1784
Section 12-260
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone as shown on Schedule "A-1" annexed to By-law # 2757-89 except in
accordance with the following uses and zone provisions:
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
12 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
By-law 1784
Section 12-261
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
side lot line of at least
1.5 m
(b) provided, however, and notwithstanding the
above provisions, a garage or carport, the
entrance to which is from the exterior side yard
shall be set back from the exterior side yard lot
line, a minimum distance of
5.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(i)
HEIGHT OF BUILDING
Maximum
8.0 m
(j)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" Zone as shown on Schedule "A-1" annexed to By-law # 2757-89 except in
accordance with the following uses and zone provisions:
R2C - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
10.5 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
350 m2
(d)
LOT COVERAGE
Maximum for all Buildings
45% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth of
15 m
By-law 1784
Section 12-262
(g)
INTERIOR SIDE YARD
Minimum
1.0 m
Provided, however and notwithstanding the above the
exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.25 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R3A" Zone as shown on Schedule "A-1" annexed to By-law # 2757-89 except in
accordance with the following uses and zone provisions:
R3A - SINGLE FAMILY LINK DWELLING HOUSE
(i)
USES PERMITTED
-
single family link dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
270 m2
(d)
LOT COVERAGE
Maximum
45% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
By-law 1784
Section 12-263
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth of
15 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.2 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(iii)
EXCEPTIONS
(a)
Notwithstanding the permitted use outlined in Clause (i) above, a
single-family dwelling house shall be permitted on lands being
composed of Blocks 33 and 34, Plan 40M-1631.
(b)
The zone provisions outlined in Clause (ii) above shall apply to the
single-family dwelling house.
(e)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a), (b), (c) and (d) above, the following definitions shall apply. (Where
there is a conflict between the definitions set forth and those referred to in Section 2
of By-law 1784, then the definitions hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(3382-93)
By-law 1784
Section 12-264
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grades.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"SINGLE FAMILY LINK DWELLING" means one of a group not more than
eight single family dwelling units but not less than three single family
dwelling units attached to each other, side by side, each of which dwelling
unit,
(a)
has a separate front and rear entrance or separate front and side
entrance;
(b)
is attached on one or both sides by either a common party wall
(either above or below grade) or a private garage or private fence
or wall to another dwelling in the same row; and,
(c)
contains a private garage within or contiguous to each unit.
(vii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby, Ministry of
Transportation, or the Regional Municipality of Durham.
(7-Y)
PART OF LOTS 25 and 26, CONCESSION 7
565 BRAWLEY ROAD NORTH
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, the lands shown on
Schedule "A-1" annexed to By-law # 2760-89 and designated thereon as the "Subject
Property", may be used for a single-family dwelling, provided that any such dwelling
created on said lands shall initially be used and occupied by the bonafide farmer as a
personal residence in order to comply with the intent of Section 11.2.6(a), of the
Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law # 1784 designated as "A"
residential (other than farming) and the general provisions of Section 4 of the said By-
law # 1784 shall apply to any development on the "Subject Property" pursuant to
Subsection (a) above.
(3)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(7-Z)
PART OF LOT 21, CONCESSION 3
NORTHWEST CORNER - ROSSLAND ROAD EAST & THICKSON ROAD NORTH
Temporary Use - Expired
(2760-89)
(2774-89)
(2928-90)
(3040-91)
By-law 1784
Section 12-265
(8-A)
PART OF LOT 23, CONCESSION 5
5280 ANDERSON STREET
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, the lands shown on
Schedule "A-1" annexed to By-law # 2777-89 and designated thereon as the "Subject
Property" may be used for a single-family dwelling.
(b)
The "A" Residential (other than farming) zone requirements of Schedule "A" to By-law
# 1784 and the general provisions of Section 4 of By-law # 1784 shall apply to any
development on the "Subject Property" pursuant to Subsection (a) above.
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(8-B)
LOTS 8 AND 9, REGISTERED PLAN 534
SOUTHEAST CORNER OF HUNTER STREET AND KENDALWOOD ROAD
(a)
Notwithstanding the minimum lot frontage provisions for an "R2" Zone found on
Schedule "A", Zone Requirements Table of By-law # 1784, the following shall apply to
the "Subject Property" identified on Schedule "A-1" annexed to By-law #2787-90:
LOT FRONTAGE WITH SERVICES
Minimum
19.5 m
LOT AREA WITH SERVICES
Minimum
965.50 m2
(b)
All other zone provisions of the "R2" zone category shall continue to apply to the
subject property.
(8-C)
EAST SIDE OF MEADOW CRESCENT
LOTS 15 AND 16, REGISTERED PLAN 591
(a)
Notwithstanding the minimum lot frontage provisions for an 'R2' Zone found in
Schedule "A", Zone Requirements Table of By-law # 1784, the following shall apply to
the "Subject Property" identified on Schedule "A-1", to By-law # 2788-90.
LOT FRONTAGE WITH SERVICES
Minimum
19.5 m
(b)
All other zone provisions of the 'R2' Zone category shall apply to the subject property.
(8-D)
PART OF LOT 19, CONCESSION 3
PLAN OF SUBDIVISIONS (18T-88083)
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone as shown on Schedule "A-1" annexed to By-law # 2798-90 except in
accordance with the following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(2777-89)
(2787-90)
(2788-90)
(2798-90)
(18T-88084)
By-law 1784
Section 12-266
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1 m
Provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above a
garage, the entrance to which is from the exterior side
yard, shall be set back from the exterior side lot line, a
minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8 m
By-law 1784
Section 12-267
(k)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone as shown on Schedule "A-1" annexed to By-law # 2798-90 except in
accordance with the following uses and zone provisions.
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
12 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1 m
Provided, however, and notwithstanding the above
the exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
By-law 1784
Section 12-268
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(c)
No person shall use any lot or erect or use any building or structure in any "I/R2A"
and "I/R2B" Zone as shown on Schedule "A-1" annexed to By-law # 2798-90 except
in accordance with the following uses and zone provisions:
(i)
USES PERMITTED
-
"I" Institutional
-
"R2A" - detached single family dwelling house
-
"R2B" - detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
For an Institutional use, the zone provisions shall be in accordance
with the following zone provisions:
(a) FRONT YARD
Minimum Depth
15 m
(b) INTERIOR SIDE YARD
Minimum Width
10 m
(c) REAR YARD
Minimum Depth
10 m
(d) EXTERIOR SIDE YARD
Minimum Width
10 m
(e) LOT COVERAGE
Maximum for all buildings
50% of the lot area
(f) HEIGHT OF BUILDINGS
Maximum
15 m
(g) PARKING
In accordance with the provisions of Section 4 of By-law #
1784.
(b)
For a single family detached dwelling house the zone provisions
shall be in accordance with Sections 2(a)(ii) and 2(b)(ii) of By-law #
2798-90.
By-law 1784
Section 12-269
(d)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a), (b), and (c) above, the following definitions shall apply. (Where there
is a conflict between the definitions set forth and those referred to in Section 2 of By-
law # 1784, then the definition hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as a building or structure, and which space is open, uncovered
and unoccupied from the ground to the sky except for such accessory
buildings, structures or uses as are specifically permitted elsewhere in By-
law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"NURSERY SCHOOL" means a day nursery within the meaning of the Day
Nurseries Act.
(8-E)
PART OF LOTS 27 AND 28, CONCESSION 3
PLAN OF SUBDIVISION (18T-88079)
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R1A" Zone as shown on Schedule "A-1" annexed to By-law # 2797-90, except in
accordance with the following uses and zone provisions:
R1A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
18 m
(b)
LOT DEPTH
Minimum
30 m
(2797-90)
By-law 1784
Section 12-270
(c)
LOT AREA
Minimum
540 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10 m
(g)
INTERIOR SIDE YARD
Minimum Width
1 m
Provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone as shown on Schedule "A-1" annexed to By-law # 2797-90 except in
accordance with the following uses and zone provisions:
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
By-law 1784
Section 12-271
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
12 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10 m
(g)
INTERIOR SIDE YARD
Minimum Width
1 m
Provided, however, and notwithstanding the above
the exterior wall of the second storey and third storey
of any building shall be set back a distance from the
side lot line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
By-law 1784
Section 12-272
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" Zone as shown on Schedule "A-1" annexed to By-law # 2797-90, except in
accordance with the following uses and zone provisions:
R2C - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
13.5 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
400 m2
(d)
LOT COVERAGE
Maximum
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10 m
(g)
INTERIOR SIDE YARD
Minimum Width
1 m
Provided, however, and notwithstanding the above
the exterior wall of the second storey and third storey
of any building shall be set back a distance from the
side lot line of at least
1.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however, and notwithstanding the above, an
exterior side yard shall be provided abutting a 0.3 m
reserve set back from the exterior side lot line, a
minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
By-law 1784
Section 12-273
(k)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R3A" Zone as shown on Schedule "A-1" annexed to By-law # 2797-90, except in
accordance with the following uses and zone provisions:
R3A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single family link dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
270 m2
(d)
LOT COVERAGE
Maximum
45% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(f)
REAR YARD
Minimum
10 m
(g)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.2 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
By-law 1784
Section 12-274
(k)
PARKING
In accordance with the Provisions of Section 4 of By-law # 1784.
(e)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone as shown on Schedule "A-1" annexed to By-law # 2797-90, except in
accordance with the following uses and zone provisions:
"R4B" - SINGLE FAMILY TOWN HOUSE DWELLING
(i)
USES PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
6.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
210 m2
(d)
LOT COVERAGE
Maximum
50% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(f)
REAR YARD
Minimum
10 m
(g)
INTERIOR SIDE YARD
(a) There is no interior side yard requirement except
in the case of an unattached wall of an end
dwelling unit, in which case the minimum width of
such interior side yard shall be
1.0 m
(b) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(c) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
By-law 1784
Section 12-275
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(f)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a), (b), (c), (d) and (e) above, the following definitions shall apply.
(Where there is a conflict between the definitions set forth and those referred to in
Section 2 of By-law # 1784, then the definition hereinafter set forth shall take
precedence):
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grades.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"SINGLE FAMILY LINK DWELLING" means one of a group not more than
eight single family dwelling units but not less than three single family
dwelling units attached to each other, side by side, each of which dwelling
unit,
By-law 1784
Section 12-276
(a)
has a separate front and rear entrance or separate front and side
entrance;
(b)
is attached on one or both sides by either a common party wall
(either above or below grade) dividing the dwelling house vertically;
and,
(c)
contains a private garage within or contiguous to each unit.
(vii)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a group of
not more than eight single family dwelling houses but not less than three
single family dwelling houses attached to each other by a common part wall
(not below grade) dividing the dwelling house vertically, each of which
dwelling house,
(a)
has separate front and rear entrances or separate front and side
entrances; and,
(b)
contains a private garage within each dwelling house.
(viii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(8-F)
PART OF LOT 26, CONCESSION 8
654 BRAWLEY ROAD NORTH
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, the lands shown on
Schedule "A-1" annexed to By-law # 2830-90 and designated thereon as the "Subject
Property", may be used for a single family dwelling, provided that any such dwelling
created on said lands shall be initially used and occupied by the bonafide farmer as a
personal residence in order to comply with the intent of Section 12.2.4(a), of the
Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law # 1784 designated as
"A" Agricultural (Residential other than farming) and the general
provisions of Section 4 of the said By-law # 1784 shall apply to any
development on the "Subject Property" pursuant to Subsection (a)
above except for the following:
Minimum Lot Frontage
38 m
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(8-G)
PART OF LOT 18, CONCESSION 2
PLAN OF SUBDIVISION 18T-87075
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to By-law # 2831-90 except in accordance
with the following uses and zone provisions.
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(2830-90)
(2831-90)
By-law 1784
Section 12-277
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for all Buildings
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10 m
(g)
INTERIOR SIDE YARD
Minimum Width
1 m
(h)
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-278
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to By-law # 2831-90 except in accordance
with the following uses and zone provisions.
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
14 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10 m
(g)
INTERIOR SIDE YARD
Minimum Width
1 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
By-law 1784
Section 12-279
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a) and (b) above, the following definitions shall apply. (Where there is a
conflict between the definitions set forth and those referred to in Section 2 of By-law
1784, then the definitions herein-after set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(d)
Section 4(vii) of By-law # 1784 shall not apply to the lands shown on Schedule "A-1"
annexed to By-law # 2831-90.
(8-H)
PART OF LOT 27, CONCESSION 3
102 ROSSLAND ROAD WEST
No person shall use any lot or erect or alter or use any building or structure in any "R5A" Zone
of the lands identified as "Subject Property" on Schedule "A-1" annexed to By-law # 2880-90
except in accordance with the following uses and zone provisions:
R5A - RESIDENTIAL
(i)
USES PERMITTED
Residential
-
apartment building
-
block townhouse units
-
community centre accessory to the permitted residential uses
(2880-90)
By-law 1784
Section 12-280
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
40 m
(b)
LOT AREA
Minimum
1.2 ha
(c)
LOT COVERAGE
Maximum for All Buildings
25%
(d)
FRONT YARD
Minimum Depth
15 m
(e)
REAR YARD
Minimum Depth
8 m
(f)
INTERIOR SIDE YARD
APARTMENT BUILDING
Minimum Depth
10 m
(g)
LANDSCAPED OPEN SPACE
Minimum
45% of the lot area
(h)
INTERIOR SIDE YARD
TOWNHOUSE DWELLING UNITS
Minimum Depth
-
between an end wall and an interior side lot line
4 m
-
between a wall other than an end wall
7.5 m
(i)
Notwithstanding any other interior side yard
requirement, the minimum depth between any
building and the most easterly side lot line shall be
24 m
(j)
INTERIOR SIDE YARD
TOWNHOUSE DWELLING UNITS ABUTTING
A PRIVATE DRIVEWAY
Minimum Depth
19 m
(k)
HEIGHT OF BUILDINGS
APARTMENT BUILDING
Maximum
6 storeys
(l)
HEIGHT OF BUILDINGS
TOWNHOUSES
Maximum
10 m
(m)
NUMBER OF DWELLING UNITS
APARTMENT
Maximum
53 dwelling units
By-law 1784
Section 12-281
(n)
NUMBER OF DWELLING UNITS
TOWNHOUSES
Maximum
32 dwelling units
(o)
PARKING
-
SENIOR CITIZEN APARTMENT UNIT
Minimum
0.5 spaces per unit of
which 0.2 of the total
required spaces being
assigned are for visitor
parking
-
ALL OTHER APARTMENT UNITS
Minimum
1 space per unit
-
TOWNHOUSES
Minimum
2 parking spaces per unit
(p)
DISTANCE BETWEEN BLOCK TOWN-
HOUSE UNITS
Minimum Depth between End Walls
3 m
(iii)
DEFINITIONS
In applying the provisions of Sections (i) and (ii) aforesaid, the following
definitions shall apply and where there is a conflict between such definitions
and the definitions set forth elsewhere in By-law 1784, the following shall
govern:
"APARTMENT BUILDING" means a building containing more than four
dwelling units which units have a common entrance from street level and are
served by common corridors.
"SENIOR CITIZEN APARTMENT UNIT" means a unit where the resident or
spouse is over fifty-five years in age.
"BLOCK TOWNHOUSE UNITS" means one or more buildings each of
which contains three or more single family dwelling units but not more than
eight single family dwelling units attached to each other, on one or both
sides by a common party wall.
(8-I)
PART OF LOT 34, CONCESSION 8
MYRTLE ROAD WEST
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, that portion of the
"Subject Property" shown on Schedule "A-1" annexed to By-law # 2891-90 and
designated thereon as the "Subject Lands" may be used for a single family dwelling
provided that any such dwelling created on said lands shall initially be used and
occupied by the bonafide farmer as a personal residence in order to comply with the
content of Section 11.2.6(a) of the Official Plan of the Region of Durham.
(b)
The zone requirements of Schedule "A" to By-law # 1784 designated as "A"
Residential (other than farming) and the general provisions of Section 4 of the said
By-law # 1784 shall apply to any development on the "Subject Lands" pursuant to
Subsection (a) above.
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(2891-90)
By-law 1784
Section 12-282
(8-J)
PART OF LOT 26, CONCESSION 4
4665 BALDWIN STREET SOUTH
(a)
No person shall use any lot in any "HA" Zone as indicated on Schedule "A-1"
annexed to By-law # 2892-90 except in accordance with the following uses:
HA - HOLDING AGRICULTURAL ZONE
(i)
USES PERMITTED
-
bush or berry crop
-
orchard
(b)
In the event that Council deems it appropriate, upon approval of a private sanitary
system by the Durham Health Department, the "H" prefixed to the aforementioned
zone designation may be deleted and the permitted uses and zone provisions under
Section 11, Agricultural of By-law # 1784 shall apply to the "Subject Property" as
shown on Schedule "A-1" annexed to By-law # 2892-90.
(c)
Notwithstanding the zone provisions of the "A" Agricultural Zone as referred to in
Section 11 of By-law # 1784, where inconsistent with provisions thereof, the following
shall apply:
(i)
USES PERMITTED
-
grocery/fruit market
-
nursery/garden supply centre
(ii)
ZONE REQUIREMENTS
(a)
LOT COVERAGE
Maximum for all buildings
20% of the lot area
(b)
LOT FRONTAGE
Minimum
30.5 m
(c)
FRONT YARD
Minimum Depth
7.5 m
(d)
EXTERIOR SIDE YARD
Minimum Width
7.5 m
(e)
REAR YARD
Minimum Depth
7.5 m
(f)
INTERIOR SIDE YARD
Minimum Width
10.5 m
(g)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(h)
Where the side or rear lot line abuts a residential development or
agricultural zone or a portion of a street the opposite side of which
abuts a residential development or agricultural zone, such lot shall
not be used for any of the uses permitted by this By-law unless and
until a planting strip is provided and maintained adjoining such
abutting lot line within the "Subject Property" consisting of a row of
trees or a continuous unpierced hedge of evergreens or shrubs not
less than 1.0 m high.
(2892-91)
By-law 1784
Section 12-283
(i)
HEIGHT OF BUILDING
Maximum
8.0 m
(j)
PARKING, ACCESSORY BUILDINGS
In accordance with the provisions of Section 4 of By-law # 1784.
(k)
OPEN STORAGE
The permitted uses and other operations incidental thereto,
including storage of goods, chattels and materials, shall be carried
on within the confines of a building, provided, however, that nothing
herein shall be deemed to prevent the outside parking of
automobiles or outdoor display of nursery products during normal
business hours by the owner, tenants, employees and customers
and provided the outdoor display area does not exceed 20% of the
ground floor area within the main building, complies with all setback
requirements and does not occupy any required parking space or
aisle area.
(8-K)
PART OF LOT 22, CONCESSION 1
1501 HOPKINS
(a)
Notwithstanding the uses and zone provisions of the Prestige Industrial Zone "M1A"
as referred to in Section 8A of By-law # 1784, the additional use of a motor vehicle
rustproofing and customizing establishment shall be permitted on the "Subject
Property" as shown on Schedule "A-1" annexed to By-law # 2893-90.
(b)
The following floor area provision shall apply for a motor vehicle rustproofing and
customizing establishment on the "Subject Property":
FLOOR AREA (maximum)
465 m2
(c)
For the purposes of this subsection the following definition shall apply:
"MOTOR VEHICLE RUSTPROOFING AND CUSTOMIZING ESTABLISHMENT"
means a building or part of a building in which motor vehicles are rustproofed,
customized or equipped, and where motor vehicle accessories and other related
products, except motor vehicle fuel, are sold or kept for sale but does not include a
car wash, an automobile sales establishment, a motor vehicle paint and body shop, or
a vehicle repair shop.
(8-L)
7 WAY STREET, BROOKLIN
Notwithstanding Section 10 of By-law # 1784, the following uses and zone provisions shall
apply as an exception to the Greenbelt Zone for the lands identified as "Subject Property" on
Schedule "A-1" annexed to By-law # 2895-90:
(i)
USES PERMITTED
-
accessory buildings
-
one single family dwelling
(ii)
ZONE PROVISIONS
(a)
No person shall use any portion of the "Subject Property" identified on
Schedule "A-1" annexed to By-law # 2895-90, for a single family dwelling
and/or accessory building except within that area delineated as "Building
Envelope" on the said schedule.
(2893-90)
(2895-90)
By-law 1784
Section 12-284
(b)
No person shall construct a new habitable structure within the area
delineated as "Building Envelope" on Schedule "A-1" annexed to By-law #
2895-90 such that any opening of any kind is located below the elevation of
161.8 m Canadian Geodetic Datum;
(c)
The respective zone provisions and other requirements of By-law # 1784
shall apply to any development or use of the "Subject Property" shown on
Schedule "A-1" annexed to By-law # 2895-90 and without limiting the
generality of the foregoing, the 'R-3' Residential provisions of Schedule "A"
to By-law # 1784 shall apply.
(8-M)
PART OF LOT 19, CONCESSION 3
PLAN OF SUBDIVISION 18T-89040, PHASE 1
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone as shown on Schedule "A-1" annexed to By-law # 2901-90 except in
accordance with the following uses and zone provisions.
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
12 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum
40%
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(2901-90)
By-law 1784
Section 12-285
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R3B" Zone as shown on Schedule "A-1" annexed to By-law # 2901-90 except in
accordance with the following uses and zone provisions.
R3B - SINGLE FAMILY SEMI-DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single family semi-detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
9.0 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
280 m2
(d)
LOT COVERAGE
Maximum
40% of the lot area
By-law 1784
Section 12-286
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(f)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R4A" Zone as shown on Schedule "A-1" annexed to By-law # 2901-90 except in
accordance with the following uses and zone provisions.
R4A - BLOCK TOWN HOUSING
(i)
USES PERMITTED
-
block town housing and accessory resident activity building
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
170 m
(b)
LOT AREA
Minimum
3.25 ha
(c)
LOT COVERAGE
Maximum for all Buildings
35% of the lot area
By-law 1784
Section 12-287
(d)
YARDS
The minimum depth from a public road allowance or
0.3 m reserve to the nearest portion of a structure
shall be
5.0 m
The minimum yard depth between any wall containing
habitable room windows and the rear lot line of an
adjacent residential property shall be
7.5 m
Provided that there where such wall of a dwelling unit
containing a habitable room window is immediately
adjacent to an end wall containing no habitable room
windows and where such wall containing habitable
room windows is not parallel with the adjacent rear lot
line, the minimum yard depth shall be
4.5 m
The minimum depth from any internal roadway to the
nearest portion of a structure shall be
5.5 m
except in the case of an end wall adjacent to a
roadway, the minimum depth shall be
4.5 m
except in the case of an end wall adjacent to a
parking lot the minimum depth shall be
3.0 m
(e)
DISTANCE BETWEEN BUILDINGS
In the case of two end walls containing no habitable
room windows the minimum distance between the
walls shall be
3.5 m
In the case of two walls containing habitable room
windows that are parallel to each other, the minimum
distance between the walls shall be
15 m
In the case of two walls containing habitable room
windows that are not parallel to each other, the
minimum distance between the walls shall be
10 m
(f)
INTERNAL ROADWAY WIDTH
Minimum
8.5 m
(g)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(h)
HEIGHT OF BUILDING
Maximum
9.5 m
(i)
NUMBER OF DWELLING UNITS
Maximum
108
(j)
PARKING
Notwithstanding the parking provisions of Section 6(13) of By-law #
1784, the following shall apply:
−
minimum of 2 parking spaces per unit shall be provided, with
one (1) space being provided in a related detached or attached
garage.
−
minimum free-standing visitor parking spaces
29 spaces
By-law 1784
Section 12-288
(k)
EXCLUSIVE USE PRIVACY AREA PER DWELLING UNIT
Immediate to each dwelling unit there shall be a privacy area
devoted to the use of the residents of the dwelling unit having a
minimum area of 25 m2. The minimum area requirement for such
exclusive use areas shall be calculated in any yard adjacent to a
public road allowance, a 0.3 m reserve or between a garage and an
internal roadway in the case of a unit which is adjacent to a public
roadway allowance or 0.3 m reserve.
(l)
ACCESSORY BUILDINGS AND STRUCTURES
Notwithstanding Section 4(y) Accessory Uses and Yard
Encroachments Permitted of By-law # 1784, no accessory building
shall be permitted within the "R4A" Zone as shown on Schedule "A-
1" annexed to By-law # 2901-90 except for fences, retaining walls,
garden trellises, and an accessory resident activity building.
(m)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Notwithstanding Section 4(y) Accessory Uses and Yard
Encroachments Permitted of By-law # 1784, a patio may project
into a required yard up to a maximum distance of 4.5 m provided
that the said patio is not more than 0.5 m above grade. In addition,
no patio shall be permitted in any yard adjacent to any public street,
a 0.3 m reserve or between any garage and an internal roadway.
(n)
ACCESSORY RESIDENT ACTIVITY BUILDING
(i)
The ground floor area of an Accessory Resident
Activity Building shall not exceed
205 m2
(ii) BUILDING HEIGHT
Maximum
2 storeys
(iii) The minimum distance between a wall of the
Accessory Resident Activity Building and an
adjacent residential building shall be
5.0 m
(o)
DEFINITIONS
The following definitions shall apply to the lands zoned "R4A" as
shown on Schedule "A-1" annexed to By-law # 2901-90:
"BLOCK TOWN HOUSING" means one or more buildings or
structures each of which contain a minimum of three dwelling units
(attached) but not exceeding eleven dwelling units, which are
located on the same lot retained under one ownership, providing
however, that this definition shall not exclude the sale of any such
dwelling unit under the provisions of The Condominium Act.
"ACCESSORY RESIDENT ACTIVITY BUILDING" means an
accessory building or structure that is an incidental and subordinate
building servicing the immediate resident needs of the 'Block Town
housing' lands on which the Accessory Resident Activity Building is
situated.
By-law 1784
Section 12-289
(8-N)
PART OF LOTS 28 AND 29, CONCESSION 4
(a)
No person shall use any land in any "H-TRN-W" Zone as shown on Schedule "A-1"
annexed to By-law # 2906-90 except in accordance with the following uses:
H-TRN-W Holding Tourist Recreational Node - West
(i)
USES PERMITTED
-
bush or berry crop
-
golf driving range and associated structure
-
nursery farm
-
orchard
-
up to 10 unoccupied heritage structures
(b)
Where full municipal services are provided to the site or satisfactory agreements have
been executed, Council may deem it appropriate to delete "H" symbol in whole or in
part over the aforementioned zone designation whereby the permitted uses and zone
provisions for the "Subject Property" as shown on Schedule "A-1" shall be as follows:
(i)
On the lands west of Cochrane Street as shown on Schedule "A-1" the
permitted uses may include:
-
horticultural museum with a gift shop contained therein which does not
exceed a gross leasable floor area of 95 m2.
-
45 room hotel which may include ancillary uses such as meeting rooms,
dining or eating facilities, a private swimming pool and/or recreational
activity area, a gift shop, office or other uses that normally are incidental
and accessory to the operation of a hotel.
-
45 room hotel which may include ancillary uses such as meeting rooms,
dining or eating facilities, a private swimming pool and/or recreational
activity area, a gift shop, office or other uses that normally are incidental
and accessory to the operation of a hotel.
-
grouping of not more than 15 residential heritage structures within which
the following uses may be permitted:
-
bed and breakfast guest room accommodations, gift, confectionary, art
and/or craft retail stores, a bakeshop, tea room provided the cumulative
retail floorspace does not exceed a gross leasable floor area of 2500 m2
and provided no retail floor space within the same heritage structure is
situated on the same floor as the Bed and Breakfast guest rooms.
-
maintenance building that is wholly incidental to the operation and
maintenance of the passive recreational park and the permitted uses
listed.
-
single family residence for a full-time employee.
-
nursery farm.
(c)
Repealed by By-law Amendment 6374-10
(d)
No person shall use any lot in any "TRN-W" Zone as shown without hatching on
Schedule "A-1" annexed to By-law # 2906-90 except in accordance with the following
zone provisions:
(i)
LOT FRONTAGE
Minimum
40 m
(ii)
LOT AREA
Minimum
17 ha
(2906-90)
(5052-02)
(6776-13)
(6374-10)
(5164-02)
(6374-10)
By-law 1784
Section 12-290
(iii)
FRONT YARD
Minimum
15 m
(iv)
INTERIOR SIDE YARD
Minimum Width
15 m
Except where a residential heritage structure abuts a public
highway, the minimum width of the interior side yard shall be
10 m
(v)
EXTERIOR SIDE YARD
Minimum Width
15 m
(vi)
REAR YARD
Minimum Depth
15 m
(vii)
LOT COVERAGE
Maximum
20% of the lot area
(viii)
LANDSCAPED OPEN SPACE
Minimum
6% of the lot area
(ix)
BUILDING HEIGHT
Maximum
12 m
(x)
PARKING
In accordance with Section 4 of By-law # 1784.
Except in the case of a golf driving range and associated structure where the
minimum required parking area for the driving range shall be 1.5 parking
spaces per tee.
(e)
Notwithstanding the zone provisions set out under Section 12 (8-N)(b)(i) of By-law #
1784, any lot in any "TRN-W-1" Zone shall only be used in accordance with the
following:
(i)
The permitted uses shall be limited to a nursery garden centre, including the
sale of barbecues, household garden power tools, patio furniture and
household fencing supplies, outdoor display area and lath house, a
refreshment area and ancillary gift shop, unless the lands identified by
Section 12 (8-N)(c) are consolidated with other abutting lands zoned "TRN-
W-1" so as to comply with the provisions set out under Section 12 (8-N)(c).
(ii)
LOT FRONTAGE
Minimum
130 m
(iii)
LOT AREA
Minimum
1.5 ha
(iv)
FRONT YARD
Minimum
15 m
(v)
INTERIOR SIDE YARD
Minimum
15 m
(vi)
REAR YARD
Minimum
15 m
(5164-02)
(5052-02)
By-law 1784
Section 12-291
(vii)
LOT COVERAGE
Maximum
20%
(viii)
LANDSCAPED OPEN SPACE
Minimum
20%
(ix)
BUILDING HEIGHT
Maximum
10.0 m
(x)
PARKING
In accordance with Section 4 of By-law # 1784.
(3)
The full development of the subject property as permitted under By-law # 2906-90
shall not be permitted until full municipal services are available to the site.
(4)
DEFINITION
The following definition shall apply to the lands zoned "TRN-W" and "H-TRN-W" as
shown on Schedule "A-1" annexed to By-law # 2906-90:
"RESIDENTIAL HERITAGE STRUCTURE" means a building or structure being more
than 60 years old measured on a base year of 1990 or a replica structure of a
residential structure constructed prior to 1920, re-assembled or erected on site on a
freestanding basis or as a series of structures connected by a corridor or similar
structure such as an open arcade.
"ASSOCIATED STRUCTURE" means a building not to exceed 65 m2, wherein golf,
golf clubs and golf accessories/equipment are both for sale and rent, snacks and
beverages are for sale to the patrons of the golf driving range.
(8-0)
PART LOTS 1 & 2, R.P. 660
1911 ROSSLAND ROAD EAST AND 262 MEADOW ROAD
(a)
Notwithstanding the minimum lot frontage and the minimum lot area provisions for an
'R2' Zone found in Schedule "A" Zone Requirements Table of By-law # 1784, the
following shall apply to the subject property identified on Schedule "A-1" annexed to
By-law # 2930-90.
LOT AREA WITH SERVICES (crosshatching)
Minimum
592.7 m2
LOT FRONTAGE (crosshatching)
Minimum
17.6 m
REAR YARD SETBACK (dots)
Minimum Depth
5.8 m
(b)
All other zone provisions of the 'R2' Zone category shall continue to apply to the
subject property except where amended.
(8-P)
PART OF LOT 20, CONCESSION 3
PLAN OF SUBDIVISION 18T-89068
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to By-law # 2958-91 except in accordance
with the following uses and zone provisions.
(5052-02)
(2930-90)
(2958-91)
By-law 1784
Section 12-292
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE (INTERIOR)
Minimum
12 m
(b)
LOT FRONTAGE (CORNER)
Minimum
15 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
360 m2
(e)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10.0 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
the exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side yard lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
By-law 1784
Section 12-293
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone on Schedule "A-1" annexed to By-law # 2958-91 except in accordance
with the following uses and zone provisions.
R4B - SINGLE FAMILY TOWN HOUSE DWELLING
(i)
USES PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE (INTERIOR)
Minimum
7.0 m
(b)
LOT FRONTAGE (CORNER)
Minimum
10.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
210 m2
(e)
LOT COVERAGE
Maximum
50% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10.0 m
(h)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.0 m
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
(a) provided, however and notwithstanding the
above, a garage or carport, the entrance to which
is from the exterior side yard shall be set back
from the exterior side yard lot line, a minimum
distance of
5.5 m
By-law 1784
Section 12-294
(b) notwithstanding Section 4(l) of By-law # 1784, in
the case of the exterior side yard abutting a 0.3 m
reserve which abuts a street having a planned
width of 29 m or more, the minimum depth shall
be
4.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R4A" Zone as shown on Schedule "A-1" annexed to By-law # 2958-91 except in
accordance with the following uses and zone provisions.
R4A - BLOCK TOWN HOUSING
(i)
USES PERMITTED
-
block town housing
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT AREA
Minimum
1.5 ha
(c)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(d)
YARDS
FRONT YARD
Minimum Depth
7.5 m
EXTERIOR SIDE YARD
Minimum Depth
4.5 m
INTERIOR SIDE YARD
Minimum Depth
7.5 m
except in the case of an end wall adjacent to the rear
lot line of the adjoining residential property, the
minimum depth shall be
4.5 m
REAR YARD
Minimum Depth
7.5 m
By-law 1784
Section 12-295
(e)
SETBACKS FROM INTERNAL ROADWAYS
The minimum depth from any internal roadway to the
nearest portion of a structure shall be
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
except in the case of an end wall adjacent to a
roadway, the minimum depth shall be
3.0 m
(f)
DISTANCE BETWEEN BUILDINGS
In the case of two exterior walls containing habitable
room windows that are parallel to each other, the
minimum distance shall be12 m In the case of an end
wall and an exterior wall containing habitable room
windows, that are parallel to each other, the minimum
shall be
10.0 m
In the case of two exterior walls where one wall
contains a habitable room window and the other
contains no habitable room window, the minimum
distance shall be
7.0 m
In the case of two end walls containing no habitable
room windows, the minimum distance shall be
3.0 m
(g)
INTERNAL ROADWAY WIDTH
Minimum
8.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(i)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(j)
NUMBER OF DWELLING UNITS
Maximum
56
(k)
PARKING
Notwithstanding the parking provisions of Section 4(n) of By-law #
1784, the following shall apply:
-
minimum of 2 parking spaces per unit, of which 0.25 spaces
per unit are allocated and assigned for visitor parking.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R5A" Zone as shown on Schedule "A-1" annexed to By-law Nos. 2958-91 and 3002-
91 except in accordance with the following uses and zone provisions.
R5A - RESIDENTIAL HOUSING COMPLEX
(i)
ONE OR MORE OF THE FOLLOWING USES MAY BE PERMITTED:
-
apartment dwelling house
-
block town housing
-
senior citizen residence
(3002-91)
By-law 1784
Section 12-296
(ii)
ZONE PROVISIONS
(a)
LOT AREA
Minimum
1.5 ha
(b)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(c)
YARDS
FRONT YARD
Minimum
7.5 m
EXTERIOR SIDE YARD
Minimum Depth
7.5 m
Notwithstanding the above, for a
townhouse unit the minimum depth shall
be
4.5 m
INTERIOR SIDE YARD
Minimum Depth
7.5 m
REAR YARD
Minimum Depth
7.5 m
(d)
SETBACKS FROM INTERNAL ROADWAYS
The minimum depth from any internal roadway to the
nearest portion of a structure shall be
4.5 m
provided, however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the front yard, shall be set back a minimum
distance from the front lot line of
5.5 m
except in the case of an end wall adjacent to a
roadway, the minimum depth shall be
3.0 m
(e)
DISTANCE BETWEEN BUILDINGS
In the case of two exterior walls containing habitable
room windows that are parallel to each other, the
minimum distance shall be
12 m
In the case of an end wall and an exterior wall
containing habitable room windows, that are parallel
to each other, the minimum shall be
10.0 m
In the case of two exterior walls where one wall
contains a habitable room window and the other
contains no habitable room window, the minimum
distance shall be
7.0 m
In the case of two end walls containing no habitable
room windows, the minimum distance shall be
3.0 m
By-law 1784
Section 12-297
(f)
INTERNAL ROADWAY WIDTH
Minimum
8.5 m
(g)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(h)
HEIGHT OF BUILDINGS
(a) Apartment Dwelling House
Maximum
8 storeys
(b) Senior Citizen Residence
Maximum
8 storeys
(c) Block Town Housing
Maximum
9.5 m
(i)
NUMBER OF DWELLING UNITS
Maximum
186
(j)
PARKING
Notwithstanding the parking provisions of Section 4(n) of By-law #
1784, the following shall apply:
Apartment Dwelling House
-
a minimum of 1.5 parking spaces per unit of which 0.25 spaces
per unit are allocated and assigned for visitor parking
Block Town Housing
-
a minimum of 2 parking spaces per unit, of which 0.25 spaces
per unit are allocated and assigned for visitor parking.
Senior Citizen Residence
-
a minimum of .6 parking spaces per unit of which 0.2 spaces
per unit are allocated and assigned for visitor parking.
(e)
For the purpose of the interpretation of the various zone provisions set forth in
clauses (a), (b), (c) and (d) above, the following definitions shall apply: Where there
is a conflict between the definitions set forth and those referred to in Section 2 of By-
law # 1784, then the definitions hereinafter set forth shall take precedence.
(i)
"LOT LINE, FRONT" means the line that divides the lot from the street. In
the case of a corner lot, the shortest lot line that so abuts the street is
deemed to be the front line of the lot and the longer line that so abuts the
street is termed a side line of the lot.
(ii)
"BLOCK TOWN HOUSING" means one or more buildings or structures
each of which contain a minimum of three dwelling units which are
horizontally and/or vertically attached, which such buildings or structures are
located on the same lot retained under one ownership, providing however,
that this definition shall not exclude the sale of any such dwelling units under
the provisions of the Condominium Act.
(3002-91)
By-law 1784
Section 12-298
(iii)
"SENIOR CITIZEN RESIDENCE" means a building used to house senior
citizens, with or without medical care facilities or other common facilities
devoted to and exclusively serving the residents of the building, whether
under private or public ownership.
(iv)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as a building or structure, and which space is open, uncovered
and unoccupied from the ground to the sky except for such a accessory
buildings, structures or uses as are specifically permitted elsewhere in By-
law # 1784.
(v)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
In the case of a flat roof, the highest point of roof surface or the
parapet, whichever is greater;
(b)
In the case of a mansard roof, the deck roof line; and,
(c)
In the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(vi)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(vii)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which is partly or wholly underground
and which has more than one half of its height, from finished floor to finished
ceiling, below adjacent finished grade.
(viii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(8-Q)
PART OF LOT 19, CONCESSION 3
PLAN OF SUBDIVISION 18T-89014
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone as shown on Schedule "A-1" annexed to By-law # 2994-91 except in
accordance with the following uses and zone provisions.
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
15 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
18.5 m
(c)
LOT DEPTH
Minimum
28 m
(2994-91)
By-law 1784
Section 12-299
(d)
LOT AREA
Minimum
465 m2
(e)
LOT COVERAGE
Maximum for all Buildings
33% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except where a rear yard abuts a 0.3 m reserve which
abuts a street having a planned width of 29 m or
more, or where a rear yard directly abuts a street
having a planned width of 29 m or more, the minimum
depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum Width
1 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot of at
least
2.0 m
(c) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
side yard shall be
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back a minimum
distance from the exterior side lot line of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.5 m
By-law 1784
Section 12-300
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone on Schedule "A-1" annexed to By-law # 2994-91 except in accordance
with the following uses and zone provisions.
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
12 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
14 m
(c)
LOT DEPTH
Minimum
27 m
(d)
LOT AREA
Minimum
286 m2
(e)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
7.5 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however, and notwithstanding the above
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
side lot line of at least
1.5 m
(b) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
side yards shall be
4.3 m
By-law 1784
Section 12-301
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back a
minimum distance from the exterior side lot line a
minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40%
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R3A" Zone as shown on Schedule "A-1" annexed to By-law # 2994-91 except in
accordance with the following uses and zone provisions.
R3A - SINGLE FAMILY LINK DWELLING HOUSE
(i)
USES PERMITTED
-
single family link dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
9.0 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
12.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
270 m2
(e)
LOT COVERAGE
Maximum
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance
5.5 m
(g)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
By-law 1784
Section 12-302
(h)
INTERIOR SIDE YARD
(a) There is no interior side yard requirements
except in the case of the unattached wall of an
end unit, in which case the minimum width of the
interior side yard shall be
1.0 m
(b) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(c) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
LANDSCAPED OPEN SPACE
Minimum
40%
(d)
For the purpose of the interpretation of the various zone provisions set forth in sub-
sections (a), (b) and (c) above, the following definitions shall apply. (Where there is a
conflict between the definitions hereinafter set forth and those referred to in Section 2
of By-law 1784, then the definitions hereinafter set forth shall take precedence)
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structure or uses as are specifically permitted
elsewhere in By-law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finish grade.
By-law 1784
Section 12-303
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"SINGLE FAMILY LINK DWELLING" means one of a group of not more
than eight single family dwelling units but not less than three single family
dwelling units attached to each other, side by side, each of which dwelling
unit,
(a)
has a separate front and rear entrance or separate front and side
entrance;
(b)
is attached on one or both sides by either a common party wall
(either above or below grade) or a private garage or private fence
or wall to another dwelling in the same row; and,
(c)
contains a private garage within or contiguous to each unit.
(vii)
"ZERO DECIMAL THREE RESERVE" means a strip of land of 0.3 m in
width owned by the Corporation of the Town of Whitby, Ministry of
Transportation, or owned by the Regional Municipality of Durham.
(8-R)
PART OF LOT 35, CONCESSION 9
9890 DAGMAR ROAD
Repealed by By-law Amendment 6600-12
(8-S)
PART OF LOT 23, CONCESSION 7
Temporary Use Expired
(8-T)
CONCESSION 4, PART LOT 23,
400 TAUNTON ROAD EAST
(a)
Schedule "B" to By-law # 1784 is hereby amended by changing the zone designation
to `I' of the lands so marked `I' on Schedule "A-1" annexed to By-law # 3109-92.
(b)
No person shall use any lot in any "I" Zone as shown on Schedule "A-1" annexed to
By-law # 3109-92 except in accordance with the following uses and zone provisions:
I - INSTITUTIONAL
(i)
USES PERMITTED
-
office of the Durham Board of Education
-
day nursery
-
school
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
30% of lot area
(b)
FRONT YARD
Minimum depth
7.5 m
plus 0.5 m for each storey or partial storey above the
third storey
(3000-91)
(3001-91)
(3012-91)
(3109-92)
(6776-13)
(6600-12)
By-law 1784
Section 12-304
(c)
REAR YARD
Minimum depth
7.5 m
(d)
INTERIOR SIDE YARD
Minimum width
7.5 m
plus 0.5 m for each storey or partial storey above the
third storey
(e)
LANDSCAPED OPEN SPACE
Minimum
30% of lot area
(f)
HEIGHT OF BUILDING
Maximum
7 storeys
(g)
Notwithstanding the provisions of Section 4 of By-law # 1784 the
following parking provisions shall apply:
OFFICE
Minimum
3.5 spaces/100 m2 of gross floor area
SCHOOL
Minimum
4 spaces/classroom
(h)
SERVICING
The development of the subject property shall only proceed at such
time as full municipal sanitary and water supply services are
available and provided to the said lands.
(i)
DEFINITIONS
For the purpose of the interpretation of the various zone provisions
set forth in Subsection (b) above, the following definitions shall
apply. (Where there is a conflict between the definitions set forth
and those referred to in Section 2 of By-law # 1784, then the
definitions hereinafter set forth shall take precedence):
(i)
"HEIGHT OF BUILDINGS" means the vertical distance
between the average elevation of the finished surface of the
ground at the side of the building; and,
(a) in the case of a flat roof, the highest point of roof surface
or the parapet, whichever is the greater;
(b) in the case of a mansard roof, the deck roof line; and,
(c) in the case of a gable, hip or gambrel roof, the mean
heights between the eaves and the ridges, exclusive of
any accessory roof construction such as a chimney, tower,
steeple or television antenna.
(ii) "OFFICE OF THE DURHAM BOARD OF EDUCATION"
means an office use within a building or structure for the
Durham Board of Education and which may include an
educational training centre, lecture halls, staff cafeteria and
other incidental support facilities operated by the Durham
Board of Education.
(6776-13)
(6776-13)
By-law 1784
Section 12-305
(8-U)
NORTHWEST CORNER OF THICKSON ROAD & CRAWFORTH ST.
420 CRAWFORTH STREET
(a)
Notwithstanding the permitted uses and zone provisions outlined in Section 5 of By-
law # 1784, no person shall use any land in any 'R3' Zone as shown on Schedule "A-
1" annexed to By-law # 3014-91 except in accordance with the following uses and
zone provisions and only if the lands are serviced with full municipal services:
(i)
USES PERMITTED
RESIDENTIAL
-
single family residential dwelling
NON-RESIDENTIAL
-
medical office - physician, therapist and chiropractor
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
20 m
(b)
LOT AREA
Minimum
1,250 m2
(c)
FRONT YARD
Minimum
7.5 m
(d)
INTERIOR SIDE YARD
Minimum
3.5 m
(e)
EXTERIOR SIDE YARD
Minimum
9.5 m
(f)
REAR YARD
Minimum Depth
20 m
(g)
LOT COVERAGE
Maximum
15%
(h)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(i)
BUILDING HEIGHT
Maximum
8 m
(j)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784
provided however, and notwithstanding the provisions of Section
4(n), the minimum number of parking spaces shall be 4.5 spaces
for each physician, therapist and chiropractor.
(3015-91)
By-law 1784
Section 12-306
(b)
DEFINITIONS
"LOT FRONTAGE" means a horizontal distance between the side lot lines measured
parallel to the front lot line and 7.5 m distance therefrom.
(8-V)
PART OF LOT 19, CONCESSION 3
PLAN OF SUBDIVISION 18T-88070
(a)
No person shall use any lot or erect or alter or use any building or structure in any
'R2A' Zone as shown on Schedule "A-1" annexed to By-law # 3024-91 except in
accordance with the following uses and zone provisions:
R2A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single family detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
15 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
18.5 m
(c)
LOT DEPTH
Minimum
28 m
(d)
LOT AREA
Minimum
465 m2
(e)
LOT COVERAGE
Maximum for all buildings
33%
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except where a rear yard abuts a 0.3 m reserve which
abuts a street having a planned width of 29 m or
more, or where a rear yard directly abuts a street
having a planned width of 29 m or more, the minimum
depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum width
1 m
provided, however and notwithstanding the above,
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.75 m
(3024-91)
By-law 1784
Section 12-307
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.0 m
(c) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
side yards shall be
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back a minimum
distance from the exterior side lot line of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.5 m
(b)
No person shall use any lot or erect or alter or use any building or structure in any
'R2B' Zone on Schedule "A-1" annexed to By-law # 3024-91 except in accordance
with the following uses and zone provisions.
R2B - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single family detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
12 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
14 m
(c)
LOT DEPTH
Minimum
27 m
(d)
LOT AREA
Minimum
286 m2
(e)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the lot line of
5.5 m
By-law 1784
Section 12-308
(g)
REAR YARD
Minimum
7.5 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum width
1.0 m
(i)
provided, however and notwithstanding the above,
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
side lot line of at least
1.5 m
(b) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
side yards shall be
4.3 m
(j)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back a
minimum distance from the exterior side lot line a
minimum distance of
5.5 m
(k)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(l)
HEIGHT OF BUILDING
Maximum
8.0 m
(c)
No person shall use any lot or erect or use any building or structure in any 'I/R2A'
Zone as shown on Schedule "A-1" annexed to By-law # 3024-91 except in
accordance with the following uses and zone provisions:
(i)
USES PERMITTED
I INSTITUTIONAL
-
arena
-
church
-
community centre
-
nursery school
-
school
-
swimming pool
R2A RESIDENTIAL
-
single family detached dwelling house
(ii)
ZONE PROVISIONS
(a)
For an Institutional use the following zone provisions shall apply:
(a) FRONT YARD
Minimum Depth
15 m
By-law 1784
Section 12-309
(b) INTERIOR SIDE YARD
Minimum Width
10 m
(c) REAR YARD
Minimum Depth
10 m
(d) EXTERIOR SIDE YARD
Minimum Width
10 m
(e) LOT COVERAGE
Maximum for all buildings
50% of the lot area
(f) HEIGHT OF BUILDINGS
Maximum
15 m
(g) PARKING
In accordance with the provisions of Section 4 of Bylaw #
1784.
(b)
For a single family detached dwelling house the zone provisions
shall be in accordance with Section (V)(a)(ii) outlined above.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
'R4B' Zone as shown on Schedule "A-1" annexed to By-law # 3024-91 except in
accordance with the following uses and zone provisions:
R4B - SINGLE FAMILY TOWN HOUSE DWELLING
(i)
USES PERMITTED
-
single family town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
6.0 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
11 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
105 m2
(e)
LOT COVERAGE
Maximum
50% of the lot area
(f)
FRONT YARD
Minimum depth
4.5 m
provided, however and notwithstanding
the above, a garage or carport, the
entrance to which is from the front yard,
shall be set back from the front lot line a
minimum distance of
5.5 m
By-law 1784
Section 12-310
(g)
REAR YARD
Minimum depth
10 m
(h)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.0 m
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.5 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(f)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a), (b), (c) and (d) above, the following definitions shall apply. (Where
there is a conflict between the definitions set forth and those referred to in Section 2
of By-law # 1784, then the definition hereinafter set forth shall take precedence):
(i)
"YARD" means a space, appurtenant to a building or structure, and which
space is open, uncovered and unoccupied from the ground to the sky except
for such accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
By-law 1784
Section 12-311
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"SINGLE FAMILY TOWN HOUSE DWELLING" means one of a group of
not more than eight single family dwelling houses but not less than three
single family dwelling houses attached to each other by a common party wall
(not below grade) dividing the dwelling house vertically, each of which
dwelling house, (a)has separate front and rear entrances or separate front
and side entrances; and,(b)contains a private garage within each dwelling
house.
(vii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(8-W)
PART OF LOT 19, CONCESSION 2
PLAN OF SUBDIVISION (18T-89078)
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R1A" Zone as shown on Schedule "A-1" annexed to By-law # 3024-91, except in
accordance with the following uses and zone provisions:
R1A - SINGLE FAMILY DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
detached single family dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
18 m
(b)
except in the case of a corner lot
Minimum
21.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
540 m2
(e)
LOT COVERAGE
Maximum
33% of the lot area
(3024-91)
By-law 1784
Section 12-312
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
(h)
INTERIOR SIDE YARD
Minimum Width
1 m
provided, however and notwithstanding the above
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of a least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.5 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back from
the exterior side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(8-X)
PART OF LOT 22, CONCESSION 7
7595 DUFF'S ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, that portion of the
property shown on Schedule "A-1" annexed to By-law # 3026-91 and designated
thereon as the "Subject Property" may be used for a single family dwelling.
(b)
The zone requirements of Schedule "A" to By-law # 1784 designated as "A"
Residential Farming and the general provisions of Section 4 of the said By-law # 1784
shall apply to any development on the "Subject Property" as shown on Schedule "A-
1" annexed to By-law # 3026-91.
(3026-91)
By-law 1784
Section 12-313
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(8-Y)
PART OF LOT 19, BROKEN FRONT CONCESSION
2001 FORBES STREET
(a)
Notwithstanding the interior side yard zone provisions for 'M1' Zone as outlined on
Schedule "A" Zone Requirements Table of By-law # 1784, the following provisions
shall apply to the lands shown as the "Subject Property" on Schedule "A-1" annexed
to By-law # 3039-91.
INTERIOR SIDE YARD
Minimum
0 m
(b)
The remaining zone provisions of the 'M1' Zone shall apply to the lands shown as the
"Subject Property" on Schedule "A-1" to By-law except where inconsistent with
paragraph (a) above.
(8-Z)
PART OF LOTS 27 AND 28, CONCESSION 3
PLAN OF SUBDIVISION 18T-89047
(a)
No person shall use any lot or erect or alter or use any building or structure in any
'R2A' Zone as shown on Schedule "A-1" annexed to By-law # 3041-91 except in
accordance with the following uses and zone provisions:
R2A - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
15 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
18 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
450 m2
(e)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(3039-91)
(3041-91)
By-law 1784
Section 12-314
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum width
1 m
Provided, however and notwithstanding the above,
(a) the exterior wall of the second or third storey of
any building shall be set back a distance from the
interior side lot line of at least
1.75 m
(b) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone as shown on Schedule "A-1" annexed to By-law # 3041-91 except in
accordance with the following uses and zone provisions:
R2B - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
12 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
15.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
360 m2
By-law 1784
Section 12-315
(e)
LOT COVERAGE
Maximum for all Buildings
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above,
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
interior side lot line of at least
1.5 m
(b) where no garage or carport facilities are provided
on the lot then the minimum of one of the side
yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" Zone as shown on Schedule "A-1" annexed to By-law # 3041-91 except in
accordance with the following uses and zone provisions.
R2C - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
By-law 1784
Section 12-316
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
10.5 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
12.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
315 m2
(e)
LOT COVERAGE
Maximum for all buildings
45% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(g)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
interior side lot line of at least
1.25 m
(b) where no garage or carport facilities are provided
on the lot then the minimum of one of the side
yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
By-law 1784
Section 12-317
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
"R3A" Zone as shown on Schedule "A-1" annexed to By-law # 3041-91 except in
accordance with the following uses and zone provisions:
R3A - LINK DWELLING HOUSE
(i)
USES PERMITTED
-
link dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
9.0 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
12.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
270 m2
(e)
LOT COVERAGE
Maximum
45% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(h)
INTERIOR SIDE YARD
In the case of the side of a unit which is attached,
above and below ground to the adjoining unit there is
no interior side yard requirement provided that in the
case of parallel and unattached walls above grade the
minimum separation between such walls shall be 1.2
m In the case of the side of a unit which is not
attached to the adjoining unit, the minimum interior
side yard setback shall be
1.2 m
By-law 1784
Section 12-318
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(e)
No person shall use any lot or erect or alter or use any building or structure in any
"R3B" Zone as shown on Schedule "A-1" annexed to By-law # 3041-91 except in
accordance with the following uses and zone provisions:
R3B - A SEMI-DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
semi-detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
9.0 m
except in the case of two attached units, where the
combined lot frontage of the lots containing the units
exceeds 18 m, one interior lot of a common pair of
semi-detached lots shall have a minimum frontage of
7.5 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
12.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
225 m2
provided, however the minimum average lot area for a
common pair of semi-detached lots shall be
560 m2
(e)
LOT COVERAGE
Maximum
40% of the lot area
By-law 1784
Section 12-319
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
Maximum front yard depth to a wall containing a
habitable room window
8.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
In the case of the side of a unit which is attached to
the adjoining unit there is no interior side yard
requirement, provided that in the case of parallel and
unattached walls above grade the minimum distance
between such walls shall be
1.2 m
In the case of a pair of semi-detached units
connected below grade the side of a unit which is not
attached to the adjoining unit, a minimum distance
between parallel and unattached walls shall be
1.2 m
provided, however and notwithstanding the above, the
minimum distance between an unattached wall,
above grade, and the interior side lot line shall be
0.25 m
In the case of a pair of semi-detached units having a
common party wall above and below grade the side of
the unit which is not attached to the adjoining unit
shall be set back from the interior side lot line on the
unattached side, a minimum distance of
1.2 m
Provided, however and notwithstanding the above
(a) the exterior wall of the second or third storey of
the unattached side shall be set back a distance
from the interior side lot line of at least
1.5 m
(b) where no garage or carport facilities are provided
on the lot then the minimum setback of the
unattached side shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
By-law 1784
Section 12-320
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(f)
No person shall use any lot or erect or alter or use any building or structure in any
"R4A" Zone as shown on Schedule "A-1" annexed to By-law # 3041-91 except in
accordance with the following uses and zone provisions:
R4A - BLOCK TOWNHOUSING
(i)
USES PERMITTED
-
activity building
-
block townhousing and accessory resident
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
50 m
(b)
LOT AREA
Minimum
1.2 ha
(c)
LOT COVERAGE
Maximum for all buildings
35% of the lot area
(d)
YARDS
The minimum depth from a public road allowance or
0.3 m reserve to the nearest portion of a structure
shall be
5.0 m
Except in the case of lands abutting Highway 12, the
minimum depth from Highway 12 to the nearest
portion of a structure shall be
7.5 m
The minimum yard depth between any wall containing
habitable room windows and the rear lot line of an
adjacent residential property shall be
7.5 m
Provided, that where such wall of a dwelling unit
containing a habitable room window is immediately
adjacent to an end wall containing habitable room
windows and is not parallel with the adjacent rear lot
line, the minimum yard depth shall be
4.5 m
The minimum depth from any internal roadway to the
nearest portion of a structure shall be
5.5 m
except in the case of an end wall adjacent to a
roadway, the minimum depth shall be
4.5 m
except in the case of an end wall adjacent to a
parking lot the minimum depth shall be
3.0 m
By-law 1784
Section 12-321
(e)
DISTANCE BETWEEN BUILDINGS
In the case of two end walls containing no habitable
room windows the minimum distance between the
walls shall be
3.5 m
In the case of two walls containing habitable room
windows that are parallel to each other, the minimum
distance between the walls shall be
15 m
In the case of two walls containing habitable room
windows that are not parallel to each other, the
minimum distance between the walls shall be
10 m
(f)
INTERNAL ROADWAY WIDTH
Minimum
8.5 m
(g)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(h)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(i)
NUMBER OF DWELLING UNITS
Maximum
43
(j)
PARKING
Notwithstanding the parking provisions of Section 6(13) of By-law #
1784, the following shall apply:
-
minimum of 2 parking spaces per unit shall be provided, with
one (1) space being provided in a related detached or attached
garage.
-
minimum free-standing visitor parking spaces
11 spaces
(k)
EXCLUSIVE USE PRIVACY AREA PER DWELLING UNIT
Immediate to each dwelling unit there shall be a privacy area
devoted to the use of the residents of the dwelling unit having a
minimum area of 25 m2. The minimum area requirement for such
exclusive use areas shall not be calculated in any yard adjacent to
a public road allowance, a 0.3 m reserve or between a garage and
an internal roadway in the case of a unit which is adjacent to a
public road allowance or 0.3 m reserve.
(l)
ACCESSORY BUILDINGS AND STRUCTURES
Notwithstanding Sections 6(2)(b), 6(2)(c), and 6(23) of By-law #
1784, no accessory building shall be permitted within the 'R4A'
Zone as shown on Schedule "A-1" annexed to By-law # 3041-91
except for fences, retaining walls, garden trellises, and an
accessory resident activity building.
By-law 1784
Section 12-322
(m)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Notwithstanding Section 6(23)(c) of By-law #1784, a patio may
project into a required yard up to a maximum distance of 4.5 m
provided that the said patio is not more than 0.5 m above grade. In
addition, no patio shall be permitted in any yard adjacent to any
public street, a 0.3 m reserve or between any garage and an
internal roadway.
(n)
ACCESSORY RESIDENT ACTIVITY BUILDING
(i)
The ground floor area of an Accessory Resident
Activity Building shall not exceed
100 m2
(ii) BUILDING HEIGHT
Maximum
2 storeys
(iii) The minimum distance between a wall of the
Accessory Resident Activity Building and an
adjacent residential building shall be
5.0 m
(g)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone as shown on Schedule "A-1" annexed to By-law # 3041-91 except in
accordance with the following provisions:
R4B - STREET TOWN HOUSE DWELLING
(i)
USES PERMITTED
-
street town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
6.0 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
10.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
185 m2
(e)
LOT COVERAGE
Maximum
50% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
By-law 1784
Section 12-323
(g)
REAR YARD
Minimum Depth
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
15 m
(h)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.0 m
provided, however and notwithstanding the above
(i)
the exterior wall of the second storey of any
building shall be set back a distance from the
interior side lot line of at least
1.5 m
(ii) the exterior wall of the third storey of any building
shall be set back a distance from the interior side
lot line of at least
2.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(h)
Repealed by By-law Amendment 6600-12
(i)
No person shall use any lot or erect or alter or use any building or structure in any
"I/R2A" Zone as shown on Schedule "A-1" annexed to By-law # 3041-9 except in
accordance with the following uses and zone provisions:
I/R2B - INSTITUTIONAL/SINGLE DETACHED DWELLING HOUSE ZONE
(i)
USES PERMITTED
'I' INSTITUTIONAL
-
Arena
-
Church
-
community centre
-
nursery school
-
school (elementary and secondary)
-
swimming pool
(6600-12)
By-law 1784
Section 12-324
'R2B' SINGLE DETACHED DWELLING HOUSE
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
For an 'Institutional' use the zone provisions shall be in accordance
with the following:
(a) FRONT YARD
Minimum Depth
15 m
(b) INTERIOR SIDE YARD
Minimum Width
10 m
(c) REAR YARD
Minimum Depth
10 m
(d) EXTERIOR SIDE YARD
Minimum Width
10 m
(e) LOT COVERAGE
Maximum for all buildings
50% of the lot area
(f) HEIGHT OF BUILDINGS
Maximum
15 m
(g) PARKING
In accordance with the provisions of Section 4 of By-law #
1784.
(b)
For a single detached dwelling house the zone provisions shall be in
accordance with Subsection (Z)(b)(ii) outlined above for the 'R2B' Zone.
(j)
No person shall use any lot or erect or alter or use any building or structure in any "H-
R4B" Zone as shown on Schedule "A-1" annexed to By-law # 12 except in
accordance with the following uses; namely:
-
bush or berry crop
-
orchard
(i)
The holding zone symbol 'H' prefixed to the aforementioned zone
designation shall be removed once the following matters have been satisfied
or fulfilled; namely:
(a)
That Ontario Hydro is satisfied that the Hydro Electric Power
Corridor is no longer required for Hydro's purposes, that the
transmission line is removed to the satisfaction of Ontario Hydro
and that the easement in favour of Ontario Hydro has been
discharged;
(b)
A subdivision agreement is executed with the Town of Whitby
covering the lands so zoned; and,
(c)
A subdivision agreement is executed with the Town of Whitby for
the adjoining lands which are necessary to provide access, form
complete lots and permit the orderly development of the lands so
zoned.
By-law 1784
Section 12-325
(ii)
In the event that Council deems it appropriate to delete the 'H' symbol
prefixed to the aforementioned 'H-R4B' Zone designation, the zone
provisions of Subsection (Z)(g) outlined above shall then apply to the lands
so designated 'H-R4B' on Schedule "A-1" annexed to By-law # 3041-91.
(k)
Repealed by By-law Amendment 6600-12
(l)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) above, the following
definitions shall apply. (Where there is a conflict between the definitions set forth and
those referred to in Section 2 of By-law # 1784, then the definition hereinafter set forth
shall take precedence.)
(m)
DEFINITIONS
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"SENIOR CITIZEN RESIDENCE" means a building used to house senior
citizens, with or without medical care facilities or other common facilities
devoted to and exclusively serving the residents of the building, whether
under private or public ownership.
(vii)
"LINK DWELLING HOUSE" means one of a group of not more than eight
single family dwelling units and not less than three attached to each other,
side by side, each of which dwelling unit,
(a)
has a separate front and rear entrance or separate front and side
entrance;
(6600-12)
By-law 1784
Section 12-326
(b)
is attached on one or both sides by either a common party wall
(either above or below grade) or a private garage or private fence
or wall to another dwelling in the same row; and,
(c)
contains a private garage within or contiguous to each unit.
(viii)
"NURSERY SCHOOL" means a day nursery within the meaning of the Day
Nurseries Act.
(ix)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby, the Ministry of
Transportation or the Regional Municipality of Durham.
(x)
"BLOCK TOWNHOUSING" means one or more buildings or structures each
of which contain a minimum of three dwelling units attached above and
below grade but not exceeding eight dwelling units, which are located on the
same lot retained under one ownership, providing however, that this
definition shall not exclude the sale of any such dwelling unit under the
provisions of the Condominium Act.
(xi)
"STREET TOWN HOUSE DWELLING" means one of a group of not more
than eight single dwelling houses but not less than three single dwelling
houses attached to each other by a common party wall attached above and
below grade dividing the dwelling house vertically, each of which dwelling
house,
(a)
has separate front and rear entrances or separate front and side
entrances; and,
(b)
contains a private garage within each dwelling house.
(xii)
"ACCESSORY RESIDENT ACTIVITY BUILDING" means an accessory
building or structure that is an incidental and subordinate building servicing
the immediate resident needs of the 'Block Townhousing' lands on which the
Accessory Residential Activity building is situated.
(xiii)
"SEMI-DETACHED DWELLING HOUSE" means a pair of attached dwelling
houses with a common masonry wall dividing the pair vertically, each unit of
which has an independent entrance from the outside.
(xiv)
"GARDEN APARTMENT DWELLING HOUSE" means a building located
on a lot containing four or more dwellings, each of which as a vertical
common wall and a common entrance area.
(9-A)
PART OF LOT 19, CONCESSION 3
PLAN OF SUBDIVISION 18T-89084
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone as shown on Schedule "A-1" annexed to By-law # 3042-91 except in
accordance with the following uses and zone provisions:
R2B - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
12 m
(3423-94)
(3042-91)
By-law 1784
Section 12-327
(b)
LOT FRONTAGE - CORNER LOT
Minimum
14 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
360 m2
(e)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
7.5 m
Except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
side lot line of at least
1.5 m
(b) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard, shall be set back from
the exterior side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40%
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2C" Zone as shown on Schedule "A-1" annexed to By-law # 3042-91 except in
accordance with the following uses and zone provisions:
By-law 1784
Section 12-328
R2C - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
10.5 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
12.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
350 m2
(e)
LOT COVERAGE
Maximum for all buildings
45% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(g)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum
1.0 m
provided, however and notwithstanding the above the
exterior wall of the second and third storey of any
building shall be set back a distance from the side lot
line of at least
1.25 m
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
8.0 m
By-law 1784
Section 12-329
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R3B" Zone as shown on Schedule "A-1" annexed to By-law # 3042-91 except in
accordance with the following uses and zone provisions:
R3B - SINGLE SEMI-DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single semi-detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
9.0 m
except in the case of two attached units, where the
combined lot frontage of the lots containing the units
exceeds 18 m, one interior lot of a common pair of
semi-detached lots shall have a minimum frontage of
7.5 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
12.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
225 m2
provided, however the minimum average lot area for a
common pair of semi-detached lots shall be
560 m2
(e)
LOT COVERAGE
Maximum
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
Maximum front yard depth to a wall containing a
habitable room window
8.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a street
having a planned width of 29 m or more or a 0.3 m
reserve abutting such a street the minimum is
15 m
By-law 1784
Section 12-330
(h)
INTERIOR SIDE YARD
In the case of the side of a unit which is attached to
the adjoining unit there is no interior side yard
requirement, provided that in the case of parallel and
unattached walls above grade the minimum distance
between such walls shall be
1.2 m
In the case of a pair of semi-detached units
connected below grade the side of a unit which is not
attached to the adjoining unit, a minimum distance
between parallel and unattached walls shall be
1.2 m
provided, however and notwithstanding the above, the
minimum distance between an unattached wall above
grade and the interior side lot line shall be
0.25 m
In the case of a pair of semi-detached units having a
common party wall above and below grade the side of
the unit which is not attached to the adjoining unit
shall be set back from the interior side lot line on the
unattached side, a minimum distance of
1.2 m
provided, however and notwithstanding the above
(a) the exterior wall of the second or third storey of
the unattached side shall be set back a distance
from the interior side lot line of at least
1.5 m
(b) where no garage or carport facilities are provided
on the lot then the minimum setback of the
unattached side shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
By-law 1784
Section 12-331
(d)
No person shall use any lot, or erect or alter or use any building or structure in any
"R4B" Zone as shown on Schedule "A-1" annexed to By-law # 3042-91 except in
accordance with the following uses and zone provisions:
R4B - STREET TOWN HOUSE DWELLING
(i)
USES PERMITTED
-
street town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
6.0 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
10.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
185 m2
(e)
LOT COVERAGE
Maximum
50% of lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(g)
REAR YARD
Minimum Depth
10 m
except in the case of a rear yard abutting a street
having a planned width of 29 m or more or a 0.3 m
reserve abutting such a street the minimum shall be
15 m
(h)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.0 m
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
interior side lot line of at least
1.5 m
(b) the exterior wall of the third storey of any building
shall be set back a minimum distance from the
interior side lot line of at least
2.5 m
By-law 1784
Section 12-332
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(e)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a), (b), (c) and (d) above, the following definitions shall apply. (Where
there is a conflict between the definitions set forth and those referred to in Section 2
of By-law # 1784, then the definition hereinafter set forth shall take precedence.)
(i)
"YARD" means a space, appurtenant to a building or structure, and which
space is open, uncovered and unoccupied from the ground to the sky except
for such accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"A TOWN HOUSE DWELLING" means one of a group of not more than
eight dwelling houses but not less than three dwelling houses attached to
each other by a common party wall (not below grade) dividing the dwelling
house vertically, each of which dwelling house,
(a)
has separate front and rear entrances or separate front and side
entrances; and,
(b)
contains a private garage within each dwelling house.
By-law 1784
Section 12-333
(vii)
"SEMI-DETACHED DWELLING HOUSE" means a pair of attached dwelling
houses with a common masonry wall dividing the pair vertically, each unit of
which has an independent entrance from the side.
(viii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(9-B)
PART LOT 18, CONCESSION 3
PLAN OF SUBDIVISION 18T-87038
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone as shown on Schedule "A-1" annexed to By-law # 3058-91 except in
accordance with the following uses and zone provisions:
R2A - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
15 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
18.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
450 m2
(e)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(f)
FRONT YARD
Minimum Depth
4.3 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(3058-91)
By-law 1784
Section 12-334
(h)
INTERIOR SIDE YARD
Minimum width
1 m
Provided, however and notwithstanding the above,
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
interior side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the interior side
lot line of at least
2.0 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone as shown on Schedule "A-1" annexed to By-law # 3058-91 except in
accordance with the following uses and zone provisions:
R2B - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTE
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
12 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
15.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
360 m2
(e)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
By-law 1784
Section 12-335
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however and notwithstanding the above,
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
interior side lot line of at least
1.5 m
(b) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R4A" Zone as shown on Schedule "A-1" annexed to By-law # 3058-91 except in
accordance with the following uses and zone provisions:
R4A - BLOCK TOWN HOUSING
(i)
USES PERMITTED
-
block town housing and accessory resident activity building
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
20 m
By-law 1784
Section 12-336
(b)
LOT AREA
Minimum
1.5 ha
(c)
LOT COVERAGE
Maximum for all buildings
35% of lot area
(d)
YARDS
The minimum depth from a public road allowance or
0.3 m reserve to the nearest portion of a structure
shall be
5.0 m
The minimum yard depth between any wall containing
habitable room windows and the rear lot line of an
adjacent residential property or a public road shall be
7.5 m
Provided, that where such wall of a dwelling unit
containing a habitable room window is immediately
adjacent to an end wall containing habitable room
windows and is not parallel with the adjacent rear lot
line, the minimum yard depth shall be
4.5 m
The minimum depth from any internal roadway to the
nearest portion of a structure shall be5.5 m except in
the case of an end wall adjacent to a roadway, the
minimum depth shall be
4.5 m
except in the case of an end wall adjacent to a
parking lot the minimum depth shall be
3.0 m
(e)
DISTANCE BETWEEN BUILDINGS
In the case of two end walls containing no habitable
room windows the minimum distance between the
walls shall be
3.5 m
In the case of two walls containing habitable room
windows that are parallel to each other, the minimum
distance between the walls shall be
15 m
In the case of two walls containing habitable room
windows that are not parallel to each other, the
minimum distance between the walls shall be
10 m
(f)
INTERNAL ROADWAY WIDTH
Minimum
8.5 m
(g)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(h)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(i)
NUMBER OF DWELLING UNITS
Maximum
60 units
By-law 1784
Section 12-337
(j)
PARKING
Notwithstanding the parking provisions of Section 4(n) of By-law #
1784, the following shall apply:
-
minimum of 2 parking spaces per unit shall be provided, with
one (1) space being provided in a related detached or attached
garage
-
minimum free-standing visitor parking spaces
14 spaces
(k)
EXCLUSIVE USE OF PRIVACY AREA PER DWELLING UNITS
Immediate to each dwelling unit there shall be a privacy area
devoted to the use of the residents of the dwelling unit having a
minimum area of 25 m2. The minimum area requirement for such
exclusive use areas shall not be calculated in any yard adjacent to
a public road allowance, a 0.3 m reserve or between a garage and
an internal roadway in the case of a unit which is adjacent to a
public road allowance or 0.3 m reserve.
(l)
ACCESSORY BUILDING AND STRUCTURES
Notwithstanding Sections 4(x), 4(Y)(a), 4(Y)(b) and 4(Y)(c) of By-
law # 1784, accessory buildings shall not be permitted within the
'R4A' Zone as shown on Schedule "A-1" annexed to By-law # 3058-
91 except for fences, retaining walls, garden trellises, and an
accessory resident activity building.
(m)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Notwithstanding Section 4(Y)(c) of By-law # 1784, an
unenclosed porch, balcony, step and patio may
project into a required yard up to a maximum distance
of
3.0 m
(n)
Notwithstanding any other provisions contained
herein, a bay or bow window may project into any
required front and rear yard up to a maximum
distance of
0.5 m
(o)
Notwithstanding Section 4(Y)(a) of By-law #1784,
ornamental structures such as eaves and gutters shall
project into any required front and rear yard where
part of a bay or bow window up to a maximum
distance of
0.2 m
(p)
ACCESSORY RESIDENT ACTIVITY BUILDING
(i)
The ground floor area of an Accessory Resident
Activity Building shall not exceed
180 m2
(ii) BUILDING HEIGHT
Maximum
2 storeys
(iii) The minimum distance between a wall of the
Accessory Resident Activity Building and an
adjacent residential building shall be
5.0 m
By-law 1784
Section 12-338
(iv) The minimum depth from any internal roadway to
the nearest portion of an Accessory Resident
Activity Building shall be
4.0 m
(d)
DEFINITIONS
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure and which space is open, uncovered
and unoccupied from the ground to the sky except for such accessory
buildings, structures or uses as are specifically permitted elsewhere in By-
law # 1784.
(ii)
"HEIGHT OF BUILDING" means the vertical distance between the average
elevation of the finished surface of the ground at the side of the building;
and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(iv)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or the Regional
Municipality of Durham.
(v)
"BLOCK TOWNHOUSING" means one or more buildings or structures each
of which contain a minimum of three dwelling units (attached) but not
exceeding eight dwelling units, which are located on the same lot retained
under one ownership, providing however that this definition shall not exclude
the sale of any such dwelling unit under the provisions of the Condominium
Act.
(vi)
"ACCESSORY RESIDENT ACTIVITY BUILDING" means an accessory
building or structure that is an incidental and subordinate building servicing
the immediate resident needs of the "Block Townhousing" lands on which
the Accessory Residential Activity Building is situated.
(9-C)
PART OF LOT 19, CONCESSION 3
PLAN OF SUBDIVISION 18T-88097
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone as shown on Schedule "A-1" annexed to By-law # 3061-91 except in
accordance with the following uses and zone provisions:
2A - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(3061-91)
By-law 1784
Section 12-339
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
15 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
18.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
450 m2
(e)
LOT COVERAGE
Maximum for all buildings
33% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding
the above, a garage or carport, the
entrance to which is from the front yard,
shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard butting a
0.3 m reserve which abuts a street having
a planned width of 29 m or more, the
minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum width
1.0 m
Provided, however and notwithstanding the above,
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
interior side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the interior side
lot line of at least
2.0 m
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
By-law 1784
Section 12-340
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone as shown on Schedule "A-1" annexed to By-law # 3061-91 except in
accordance with the following uses and zone provisions.
2B - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
12 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
15.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
360 m2
(e)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum width
1.0 m
provided, however and notwithstanding the above,
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
interior side lot line of at least
1.5 m
(b) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
By-law 1784
Section 12-341
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a) and (b) above, the following definitions shall apply (Where there is a
conflict between the definitions set forth and those referred to in Section 2 of By-law #
1784, then the definitions hereinafter set forth shall take precedence):
(i)
"YARD" means a space, appurtenant to a building or structure, and which
space is open, uncovered and unoccupied from the ground to the sky except
for such accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its heights,
from finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
By-law 1784
Section 12-342
(9-D)
ART OF LOT 18, CONCESSION 3
LAND OF SUBDIVISION 18T-88098
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone as shown on Schedule "A-1" annexed to By-law # 3062-91 except in
accordance with the following uses and zone provisions:
R2A - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
5 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
8.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
450 m2
(e)
LOT COVERAGE
Maximum for all buildings
33% of lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum width
1.0 m
Provided, however and notwithstanding the above,
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
interior side lot line of at least
1.75 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the interior side
lot line of at least
2.0 m
(3062-91)
By-law 1784
Section 12-343
(c) where no garage or carport facilities are provided
on the lot then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2B" Zone as shown on Schedule "A-1" annexed to By-law # 3062-91 except in
accordance with the following uses and zone provisions:
R2B - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
12 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
15.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
360 m2
(e)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more the minimum depth shall be
15 m
By-law 1784
Section 12-344
(h)
INTERIOR SIDE YARD
Minimum width
1.0 m
provided, however and notwithstanding the above,
(a) the exterior wall of the second and third storey of
any building shall be set back a distance from the
interior side lot line of at least
1.5 m
(b) where no garage or carport facilities are provided
on the lot then the minimum of one of the interior
side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(c)
No person shall use any lot or erect or alter or use any building or structure in any
"R4B" Zone as shown on Schedule "A-1" annexed to By-law # 3062-91 except in
accordance with the following uses and zone provisions:
R4B - STREET TOWN HOUSE DWELLING
(i)
USES PERMITTED
-
street town house dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
6.0 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
10.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
185 m2
(e)
LOT COVERAGE
Maximum
50% of the lot area
By-law 1784
Section 12-345
(f)
FRONT YARD
Minimum depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(g)
REAR YARD
Minimum depth
7.5 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth is
10 m
(h)
INTERIOR SIDE YARD
There is no interior side yard requirement except in
the case of an unattached wall of an end dwelling
unit, in which case the minimum width of such interior
side yard shall be
1.0 m
provided, however and notwithstanding
the above,
(a) the exterior wall of the second storey of any
building shall be set back a distance from the
interior side lot line of at least
1.5 m
(b) the exterior wall of the third storey of any building
shall be set back a distance from the interior side
lot line of at least
2.5 m
(i)
EXTERIOR SIDE YARD
Minimum width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(d)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a), (b) and (c) above, the following definitions shall apply (Where there
is a conflict between the definitions set forth and those referred to in Section 2 of By-
law # 1784, then the definitions hereinafter set forth shall take precedence):
(i)
"YARD" means a space, appurtenant to a building or structure, and which
space is open, uncovered and unoccupied from the ground to the sky except
for such accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law # 1784.
By-law 1784
Section 12-346
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"A STREET TOWN HOUSE DWELLING" means one of a group of not
more than eight dwelling houses but not less than three dwelling houses
attached to each other by a common party wall (Not below grade) dividing
the dwelling house vertically, each of which dwelling house,(a)has separate
front and rear entrances or separate front and side entrances;
and,(b)contains a private garage within each dwelling house.
(vii)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby or owned by the
Regional Municipality of Durham.
(9-E)
PART OF LOT 18, CONCESSION 2
60 and 62 MEADOW CRESCENT
(a)
The zone requirements of Schedule "A" (Zone Requirements Table) to By-law #
1784, designated as 'R2' Residential and the General Provisions of Section 4 of the
said By-law # 1784, shall apply to any development on the "Subject Property" as
shown on Schedule "A-1" annexed to By-law # 3063-91, except where inconsistent
with the provisions thereof, the following shall apply:
(i)
ZONE PROVISIONS
(a)
LOT AREA
Minimum
725 m2
(b)
LOT FRONTAGE
Minimum
19 m
(c)
BUILDING HEIGHT
Maximum
1 storey
(9-F)
PART OF LOT 26, CONCESSION 4
Repealed by By-law Amendment 3547-94
(3063-91)
(3073-91)
(3547-94)
By-law 1784
Section 12-347
(9-G)
PART OF LOT 18 CONCESSION 3
PLAN OF SUBDIVISION 18T-88044
(a)
No person shall use any lot or erect or alter or use any building or structure in any
'R2B' Zone as shown on Schedule "A-111 annexed to By-law #3098-92 except in
accordance with the following uses and zone provisions:
'R2B' Single Detached Dwelling House
(i)
Use Permitted
-
single detached dwelling house
(ii)
Zone Provisions
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
12 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
14 m
(c)
LOT DEPTH
Minimum
27 m
(d)
LOT AREA
Minimum
286 m2
(e)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(f)
FRONT YARD
Minimum depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 metre
reserve which abuts a street having a planned width
of 29 metres or more the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
provided, however and notwithstanding the above:
(i)
the exterior wall of the second and third
storey of any building shall be set back a
distance from the exterior side lot line of at
least
1.5 m
(ii)
where no garage or carport facilities are
provided on the lot then the minimum width
of one of the interior side yards shall be
4.5 m
(3098-92)
By-law 1784
Section 12-348
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of section of By-law #1784.
(b)
Definitions
For the purpose of the interpretation of the various zone provisions set forth in
Subsection (a) above, the following definitions shall apply (Where there is a conflict
between the definitions set forth and those referred to in section 2 of By-law #1784,
then the definitions hereinafter set forth shall take precedence):
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings; structures or uses as are specifically permitted
elsewhere in By-law #1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building;
and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 metre reserve.
(vi)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of o. 3
metres in width owned by the Corporation of the Town of Whitby, the
Ministry of Transportation or the Regional Municipality of Durham.
By-law 1784
Section 12-349
(9-H)
PART OF LOT 27, CONCESSION 9
9150 ASHBURN ROAD
Repealed by By-law Amendment 6600-12
(9-I)
PART OF LOT 27, CONCESSION 3
PLAN OF SUBDIVISION 18T-89047
(a)
The use and zone requirements of Clause (c) of Subsection 12 (8-Z) of By-law # 1784
shall apply to any development on the lands marked as `R2C' and identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 3139-92.
(9-J)
PART OF LOTS 32 AND 33, CONCESSION 2
PLAN OF SUBDIVISION (18T-89075)
(a)
No person shall use any lot, or erect or alter or use any building or structure in any
'R2A' Zone as shown on Schedule "A-1" annexed to By-law # 3149-92 except in
accordance with the following uses and zone provisions:
2A - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
15 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
18 m
(c)
LOT DEPTH
Minimum
28 m
(d)
LOT AREA
Minimum
465 m
(e)
LOT COVERAGE
Maximum for all buildings
33%
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10.0 m
except where a rear yard abuts a 0.3 m reserve which
abuts a street having a planned width of 29 m or
more, or where a rear yard directly abuts a street
having a planned width of 29 m or more, the minimum
depth shall be
15 m
(3133-92)
(3139-92)
(3149-92)
(6600-12)
By-law 1784
Section 12-350
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
(i)
provided however, and notwithstanding the above,
the exterior wall of the second storey of any
building shall be set back a distance from the
side lot line of at least
1.5 m
(ii) the exterior wall of the third storey of any building
shall be set back a distance from the side lot line
of at least
2.0 m
(iii) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
side yards shall be
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back a minimum
distance from the exterior side lot line of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.5 m
(b)
No person shall use any lot, or erect or alter or use any building or structure in any
'R2B' Zone as shown on Schedule 'A-1' annexed to By-law # 3149-92 except in
accordance with the following uses and zone provisions:
2B - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
12 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
14 m
(c)
LOT DEPTH
Minimum
27 m
(d)
LOT AREA
Minimum
286 m2
(e)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
By-law 1784
Section 12-351
(f)
FRONT YARD
Minimum Depth
4.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided however, and notwithstanding the above
(i)
the exterior wall of the second and third storey of
any building shall be set back a distance from the
side lot line of at least
1.75 m
(ii) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
side yards shall be
4.3 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard, shall be set back a minimum
distance from the exterior side lot line of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40%
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(c)
No person shall use any lot or erect or alter or use any building or structure in any
'R3B' Zone as shown on Schedule "A-1" annexed to By-law # 3149-92 except in
accordance with the following uses and zone provisions:
'R3B' - A SEMI-DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
semi-detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
9.0 m
except in the case of two attached units, where the
combined lot frontage of the lots containing the units
exceeds 18 m, one interior lot of a common pair of
semi-detached lots shall have a minimum frontage of
7.5 m
By-law 1784
Section 12-352
(b)
LOT FRONTAGE - CORNER LOT
Minimum
12.5 m
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
225 m2
provided however, and notwithstanding the above, the
minimum average lot area for a common pair of semi-
detached lots shall be
560 m2
(e)
LOT COVERAGE
Maximum
40% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
Maximum front yard depth to a wall containing a
habitable room window shall be
8.5 m
(g)
REAR YARD
Minimum
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
In the case of the side of a unit which is attached to
the adjoining unit there is no interior side yard
requirement, provided that in the case of parallel and
unattached walls above grade the minimum distance
between such walls shall be
1.2 m
In the case of a pair of semi-detached units
connected below grade in which the side of a unit is
not attached to the adjoining unit, the minimum
distance between parallel and unattached walls shall
be
1.2 m
provided however, and notwithstanding the above, the
minimum distance between an unattached wall above
grade and the interior side lot line shall be
0.25 m
In the case of a pair of semi-detached units having a
common party wall above and below grade, the side
of the unit which is not attached to the adjoining unit
shall be set back from the interior side lot line on the
unattached side, a minimum distance of
1.2 m
Provided however, and notwithstanding the above
By-law 1784
Section 12-353
(i)
the exterior wall of the second or third storey of
the unattached side shall be set back a distance
from the interior side lot line of at least
1.5 m
(ii) where no garage or carport facilities are provided
on the lot, then the minimum setback of the
unattached side from the exterior side lot line
shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line, a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
8.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(d)
No person shall use any lot or erect or alter or use any building or structure in any
'R4A' Zone as shown on Schedule "A-1" annexed to By-law # 3149-92 except in
accordance with the following uses and zone provisions:
R4A - BLOCK TOWNHOUSING
(i)
USES PERMITTED
-
block townhousing and accessory resident activity building
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
00 m
(b)
LOT AREA
Minimum
0.55 ha
(c)
LOT COVERAGE
Maximum for all buildings
35% of lot area
(d)
YARD DEPTH
Minimum Depth from any street line where the wall
facing the lot line contains no habitable room windows
shall be
7.5 m
from any street line where the wall facing the lot line
contains habitable room windows shall be
10.5 m
from any side lot line where the wall facing the lot line
contains no habitable room windows shall be
4.5 m
By-law 1784
Section 12-354
from any side lot line where the wall facing the lot line
contains habitable room windows or from the rear lot
line shall be
7.5 m
(e)
DISTANCE BETWEEN BUILDINGS
Minimum distance between two exterior walls facing
and parallel to each other where both walls contain a
living room window shall be
21.5 m
minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
living room window and the other wall contains a
habitable window shall be
15 m
minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
living room window and the other wall contains no
habitable room windows shall be
12 m
minimum distance between two exterior walls facing
and parallel to each other where both walls contain
habitable room windows shall be
10.5 m
minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
habitable room window and the other wall contains no
habitable room windows shall be
6.0 m
minimum distance between two exterior walls facing
and parallel to each other where both walls contain no
habitable room windows shall be
3.0 m
(f)
INTERNAL ROADWAY WIDTH
Minimum
8.5 m
(g)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(h)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(i)
NUMBER OF DWELLING UNITS
Maximum
35 units per net hectare
(j)
PARKING
Notwithstanding the parking provisions of Section 6(13) of By-law #
1784, the following shall apply:
-
a minimum of 2 parking spaces per unit shall be provided, with
one (1) space being provided in a related detached or attached
garage.
-
minimum freestanding visitor parking spaces
17 spaces
(k)
SETBACK TO INTERNAL ROADWAY
The minimum setback between any portion of a
building or structure and an internal roadway shall be
5.5 m
By-law 1784
Section 12-355
(l)
EXCLUSIVE USE PRIVACY AREA PER DWELLING UNIT
Immediate to each dwelling unit there shall be a privacy area devoted
to the use of the residents of the dwelling unit having a minimum area
of 25 m2. The minimum area requirement for such exclusive use
areas shall be calculated in any yard adjacent to a public road
allowance, a 0.3 m reserve or between a garage and an internal
roadway in the case of a unit which is adjacent to a public road
allowance or 0.3 m reserve.
(m)
ACCESSORY BUILDINGS AND STRUCTURES
Notwithstanding Sections 4(x), 4(y)(a), 4(y)(b) and 4(y)(c) of By-law
# 1784, no accessory building shall be permitted within the 'R4A'
Zone as shown on Schedule "A-1" annexed to By-law # 3149-92
except for fences, retaining walls, garden trellises, and an
accessory resident activity building.
(n)
UNENCLOSED PORCHES, BALCONIES, STEPS AND PATIOS
Notwithstanding Section 6(23)(c)of By-law # 1784, a patio may
project into a required yard up to a maximum distance of 4.5 m
provided that the said patio is not more than 0.5 m above grade. In
addition, no patio shall be permitted in any yard adjacent to any
public street, a 0.3 m reserve or between any garage and an
internal roadway.
(o)
ACCESSORY RESIDENT ACTIVITY BUILDING
(i)
The ground floor area of an Accessory Resident
Activity Building shall not exceed
205 m2
(ii) BUILDING HEIGHT
Maximum
2 storeys
(iii) The minimum distance between a wall of the
Accessory Resident Activity Building and an
adjacent residential building shall be
5.0 m
(e)
No person shall use any lot or erect or use any building or structure in any 'I/R2A' or
'I/R2B' Zone as shown on Schedule "A-1" annexed to By-law # 3149-92 except in
accordance with the following uses and zone provisions:
I/R2A OR I/R2B - INSTITUTIONAL ZONE
SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
I - INSTITUTIONAL
-
Arena
-
Church
-
community centre
-
nursery school
-
school (elementary and secondary)
-
swimming pool
R2A - single Detached Dwelling House
R2B - single Detached Dwelling House
By-law 1784
Section 12-356
(ii)
ZONE PROVISIONS
(a)
For an Institutional use the zone provisions shall be in accordance
with the following zone provisions:
(a) FRONT YARD
Minimum Depth
15 m
(b) INTERIOR SIDE YARD
Minimum Width
10.0 m
(c) REAR YARD
Minimum Depth
10.0 m
(d) EXTERIOR SIDE YARD
Minimum Width
10.0 m
(e) LOT COVERAGE
Maximum for all buildings
40% of lot area
(f) HEIGHT OF BUILDINGS
Maximum
15 m
(g) PARKING
In accordance with the provisions of Section 4 of By-law #
1784.
(f)
For a single detached dwelling house the zone provisions shall be in accordance with
Subsections (9-J) 2(a)(ii) and 2(b)(ii) as outlined above.(f)For the purpose of the
interpretation of the various zone provisions set forth in Subsections (a), (b), (c), (d)
and (e) above, the following definitions shall apply. (Where there is a conflict
between the definitions set forth and those referred to in Section 2 of By-law # 1784,
then the definitions hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, and which
space is open, uncovered and unoccupied from the ground to the sky except
for such accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
By-law 1784
Section 12-357
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"BLOCK TOWNHOUSING" means one or more buildings or structures each
of which contain a minimum of three attached dwelling units but not
exceeding eleven attached dwelling units, which are located on the same lot
retained under one ownership, providing however, that this definition shall
not exclude the sale of any such dwelling unit under the provisions of The
Condominium Act.
(vii)
"SINGLE SEMI-DETACHED DWELLING" means one of a pair of two
attached single dwellings with a common party wall (either above or below
grade) dividing the pair of dwellings vertically, each of which has an
independent entrance from the outside.
(viii)
"ACCESSORY RESIDENT ACTIVITY BUILDING" means and accessory
building or structure that is an incidental and subordinate building servicing
the immediate resident needs of the 'Block Townhousing' lands on which the
Accessory Resident Activity Building is situated.
(9-K)
PART OF LOT 35, CONCESSION 2
915 LAKERIDGE ROAD NORTH
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, the lands identified
as the "Subject Lot" as shown on Schedule "A-1" annexed to By-law # 3162-92 may be
used for a single detached dwelling, provided that any such dwelling on the said lands
shall be initially used for one member only of the farmer's immediate family in order to
comply with the intent of Section 12.2.4 (c) of the Official Plan of the Region of
Durham.
(b)
The zone requirements of Schedule "A" to By-law # 1784 designated as `A'
Agricultural (Residential other than Farming) and the general provisions of Section 4
of the said By-law Np. 1784 shall apply to any development on the "Subject Lot" with
the following exception:
LOT FRONTAGE
Minimum
35 m
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which shall comply with the standards of the Ministry of
the Environment as amended from time to time and as administered by the Medical
Officer of Health or otherwise.
(3162-92)
By-law 1784
Section 12-358
(9-L)
79 BALDWIN STREET, BROOKLIN
(a)
Notwithstanding Section 10 of By-law # 1784, the following uses and zone provisions
shall apply as an exception to the Greenbelt zone for the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 3182-92.
(i)
USES PERMITTED
COMMERCIAL
-
Banks
-
custom workshops
-
offices
-
places of entertainment
-
restaurants retail stores
-
service shops
-
shopping centres
-
studios
-
undertaking establishments
RESIDENTIAL
-
apartment dwelling in business buildings over a commercial use.
(ii)
ZONE PROVISIONS
(a)
No person shall use any portion of the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 3182-92
except in accordance with the provisions of Subsections 6A(b) and
(c) of By-law #1784;
(b)
No person shall use any portion of the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 3182-92
for commercial uses except within that area delineated as "Building
Envelope" on the said Schedule;
(c)
No person shall use any portion of the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 3182-92
for an apartment dwelling except within the second floor of the
building located within that area delineated as "Building Envelope"
on the said Schedule provided that no commercial uses are located
on the second floor at the same time.
(9-M)
LOT 20, CONCESSION 1
1610 CHAMPLAIN AVENUE
(a)
Notwithstanding Section 8 of By-law # 1784, the additional use of an "Adult
Training/Education Facility" shall be permitted on the lands identified as the "Subject
Property" on Schedule `A-1' annexed to By-law # 3189-92.
(b)
Notwithstanding Section 2 (Definitions) of By-law # 1784 the following definition shall
apply to the lands identified as "Subject Property" on Schedule "A-1" annexed to By-
law # 3189-92.
"ADULT TRAINING/EDUCATION FACILITY" means a building or structure or
portion thereof in which instruction and training is provided to adult pupils in
academic, management and technical subjects such as, and not limited to,
electronics, architecture, computers, quality processes, tool and die making,
woodworking and heating, ventilating and air conditioning.
(3182-92)
(3189-92)
By-law 1784
Section 12-359
(9-N)
PART OF LOT 26, CONCESSION 9
625 TOWNLINE ROAD WEST
Repealed by By-law Amendment 6600-12
(9-O)
PART OF LOT 25, CONCESSION 3
Repealed by By-law Amendment 6600-12
(9-P)
PART OF LOT 28, CONCESSION 4
3555 COCHRANE STREET
(a)
Notwithstanding Section 10 of By-law # 1784, the additional use of a 'Single Detached
Dwelling Unit' may be permitted on that portion of the "Subject Property" identified as
the 'Building Envelope' on Schedule "A-1" annexed to By-law # 3203-92, and being
further referenced by Assessment Roll Number 020-004-006.
(9-Q)
PART OF LOT 18, CONCESSION 3
915 TAUNTON ROAD EAST
(a)
No person shall use any lot in any 'HC1' Zone as shown on Schedule "A-1" annexed
to By-law # 3202-92 except in accordance with the following uses:
HC1 - HOLDING LOCAL COMMERCIAL
(i)
USES PERMITTED
-
bush or berry crop
-
orchard
(b)
Council shall give consideration to delete the 'H' prefix to the aforementioned zone
designation upon confirmation that all municipal water and sanitary services are
available and secured; whereby the use of the "Subject Property" as shown on
Schedule "A-1" annexed By-law # 3202-92, shall be in accordance to those uses and
zone provisions set forth in Section 6 (Local Commercial 'C1' Zone) of By-law # 1784.
(9-R)
SOUTHWEST CORNER OF KENDALWOOD DRIVE AND
NICHOL AVENUE BEING BLOCK 'H', PLAN 40M-1179
1801 NICHOL AVENUE
(a)
No person shall use any lot or erect or alter or use any building or structure in any
'R4A' Zone on Schedule "A-1" annexed to By-law # 3206-92 except in accordance
with the following uses and zone provisions:
R4A - BLOCK TOWNHOUSING
(i)
USES PERMITTED
-
block townhousing
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
61 m
(b)
LOT AREA
Minimum
0.4 ha
(c)
NUMBER OF UNITS
Maximum
28
(3190-92)
(3194-92)
(3203-92)
(3202-92)
(3206-92)
(6600-12)
(6600-12)
By-law 1784
Section 12-360
(d)
LOT COVERAGE
Maximum for all buildings
25% of the lot area
(e)
FLOOR SPACE INDEX
Maximum
0.50
(f)
YARD
Minimum depth from any street line where the wall
facing the lot line contains habitable room windows
5.0 m
from any internal private roadway where the wall
facing the internal private roadway contains habitable
room windows
5.5 m
notwithstanding the above, where the flankage of a
unit faces an internal private roadway and contains
habitable room windows the setback shall be
3.5 m
from any interior side or rear lot line where the wall
facing the lot line contains no habitable room windows
5.0 m
from any interior side or rear lot line where the wall
facing the lot line contains habitable room windows
10.0 m
(g)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(h)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(i)
DISTANCE BETWEEN BUILDINGS
minimum distance between two exterior walls facing
and parallel to each other where both walls contain a
living room window
21.5 m
minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
living room window and the other wall contains a
habitable room windows
15 m
minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
living room window and the other wall contains no
habitable room windows
12 m
minimum distance between two exterior walls facing
and parallel to each other where both walls contain
habitable room windows
10.5 m
minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
habitable room window and the other wall contains no
habitable room windows
6.0 m
minimum distance between two exterior walls facing
and parallel to each other where both walls contain no
habitable room windows
3.0 m
By-law 1784
Section 12-361
(j)
PARKING
Minimum
2 spaces per unit plus 0.25 parking
spaces per unit set aside for
visitors including a handicapped
parking space.
(k)
LOCATION OF PARKING SPACES
Parking spaces for block townhousing may be located in a private
attached or detached garage or on a private driveway leading to
such garage except for visitor parking which shall be provided in
common parking areas, which areas shall be a minimum distance
from:
(i)
living room or habitable room window
4.2 m
(ii) the exterior wall of any building
2.1 m
(iii) from any street line
6.0 m
(iv) from any lot line other than a street line
2.0 m
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
By-law, the following definitions shall apply. (Where there is a conflict between the
definitions hereinafter set forth and those referred to in Section 2 of By-law # 1784,
then the definitions hereinafter set forth shall take precedence.)
(i)
"EXTERIOR WALL" shall mean a main and supporting exterior wall of the
building running from the foundation footings to the roof of the building but
shall exclude unenclosed porches, balconies, steps, and patios.
(ii)
"EXTERIOR WALLS FACING AND PARALLEL TO EACH OTHER" shall
mean any exterior wall of a building having an angle of divergence of not
more than 85 degrees.
"ANGLE OF DIVERGENCE" means the interior acute angle formed by and
lying between two exterior walls or their projections.
(iii)
"HABITABLE ROOM" means a room designed for living, sleeping, eating,
or food preparation including a den, library, sewing room, or enclosed sun
room.
(iv)
"LIVING ROOM" means a habitable room used for the common social
activities of the occupants of the dwelling house, but shall not include a
recreation or family room located in the basement or cellar of the dwelling
house.
(v)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling house (excluding garage, basement, and cellar) to the total lot area.
(vi)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one-half its height
from finished floor to finished ceiling, below adjacent finished grade.
(vii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one-half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(viii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building, and
By-law 1784
Section 12-362
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck line; and
(c)
in the case of a gable, hip, or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as chimney, tower steeple, or television antenna.
(ix)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of zero
decimal three m in width owned by the Corporation of the Town of Whitby or
owned by the Regional Municipality of Durham.
(x)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(xi)
"BLOCK TOWNHOUSING" means one or more buildings or structures each
of which contain a minimum of three dwelling units (attached) but not
exceeding eleven dwelling units, which are located on the same lot retained
under one ownership, providing however, that this definition shall not
exclude the sale of any such dwelling unit under the provisions of The
Condominium Act.
(9-S)
PART OF LOT 18, CONCESSION 3
(a)
No person shall use any lot or erect or alter or use any building or structure in any
'R2A' Zone as shown on Schedule "A-1" annexed to By-law # 3211-92 except in
accordance with the following uses and zone provisions:
R2A - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
15 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum
33% of the lot area
(e)
FRONT YARD
Minimum Depth
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
6 m
(f)
REAR YARD
Minimum
10 m
(3211-92)
By-law 1784
Section 12-363
(g)
INTERIOR SIDE YARD
Minimum Width
1 m
(h)
provided, however and notwithstanding the above
(i)
the exterior wall of the second storey of any
building shall be set back a distance from the
interior side lot line of at least
1.75 m
(ii) the exterior wall of the third storey of any building
shall be set back a distance from the interior side
lot line of at least
2.5 m
(iii) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
interior side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided, however and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
6 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
9.0 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(c)
For the purpose of the interpretation of the various zone provisions set forth in this
subsection, the following definitions shall apply. (Where there is a conflict between
the definitions hereinafter set forth and those referred to in Section 2 of By-law #
1784, then the definitions hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the front of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
By-law 1784
Section 12-364
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has more than one half of its height,
from finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grades.
(9-T)
PART OF LOT 20, CONCESSION 1
1627 DUNDAS STREET EAST
(a)
No person shall use any lot, erect, alter or use any building or structure on the lands
identified as the "Subject Property" on Schedule "A-1" annexed to By-law # 3214-92
except in accordance with the following uses and zone provisions:
(i)
USES PERMITTED
-
Offices
-
places of entertainment and assembly
-
retail stores and personal service establishment
-
veterinary clinic
(ii)
ZONE PROVISIONS
(a)
FRONT YARD
Minimum
7.5 m
(b)
INTERIOR SIDE YARD
Minimum
1.0 m
(c)
REAR YARD
Minimum
3.0 m
(d)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(e)
HEIGHT OF BUILDING
Maximum
10 m
(f)
LOT COVERAGE
Maximum
30% of the lot area
(g)
PARKING
The provision of parking spaces shall be in accordance with the
provisions of Section 4 of By-law # 1784.
(b)
In applying the provisions of subsection (a) outlined above, the following definitions
shall apply and where there is a conflict between such definitions and the definitions
set forth elsewhere in By-law # 1784, the following shall apply:
"PARKING SPACE" means an area of not less than 15.5 m2, exclusive of any aisles
or ingress and egress lanes, with a minimum perpendicular width of 2.75 m and a
minimum perpendicular length of 5.5 m for the temporary parking or storage of motor
vehicles and such parking space may include a private garage.
"PLACES OF ENTERTAINMENT AND ASSEMBLY" means one or more of the
following uses, namely; a motion picture theatre, concert hall, dance hall, billiard or
pool room, bowling alley, gymnasium, health club or community hall.
"OFFICES" means one or more of the following uses, namely; office
(3214-92)
(6776-13)
By-law 1784
Section 12-365
"PERSONAL SERVICE ESTABLISHMENT" means a building or a portion of a
building used to provide direct service to the public which shall include one or more of
the following uses, namely; a medical office, a bank, a trust company or similar
financial institution, a drugless practitioner, a law office, a real estate office, a travel
agency, a tailor's shop, a barber shop, a beauty salon, a shoe repair outlet, a dry
cleaner's distribution station, an eating establishment, a family restaurant or a school
of dance, art or music.
(9-U)
PART LOT 18, CONCESSION 8
355 MYRTLE ROAD EAST
(a)
Notwithstanding the provisions of Section 11(a)(vii) of By-law # 1784, the Agricultural
'A' zoned lands illustrated within the area identified as the "Subject Property" as
shown on Schedule "A-1" annexed to By-law # 3222-92 may be used for a single
detached residential dwelling.
(b)
The zone requirements of Schedule "A" to By-law # 1784 designated as 'A'
Agricultural (Residential other than Farming) and the general provisions of Section
4 of By-law # 1784 shall apply to any development on that portion of the "Subject
Property" zoned 'A' with the exception that the following shall apply:
DRIVEWAY ENTRANCE WIDTH
Maximum
6.0 m
(9-V)
BLOCK 'F' AND PART OF BLOCK 'B', PLAN 40M-1179
2 LICK POND WAY
(a)
No person shall use any lot or erect or alter or use any building or structure in any
'R4-A' Zone identified as the "Subject Property" on Schedule "A-1" annexed to By-law
# 3260-93 except in accordance with the following uses and zone provisions:
R4-A - BLOCK TOWNHOUSING
(i)
USES PERMITTED
-
block townhousing
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
60 m
(b)
LOT AREA
Minimum
0.4 ha
(c)
NUMBER OF UNITS
Maximum
36
(d)
LOT COVERAGE
Maximum for all buildings
25% of lot area
(e)
FLOOR SPACE INDEX
Maximum
0.50
(6776-13)
(3222-92)
(3260-93)
By-law 1784
Section 12-366
(f)
YARDS
Minimum depth from any street line where the wall
facing the lot line contains no habitable room windows
7.5 m
from any street line where the wall facing the lot line
contains habitable room windows
8.0 m
from any side lot line where the wall facing the lot line
contains no habitable room windows
4.5 m
from any side lot line where the wall facing the lot line
contains habitable room windows or from the rear lot
line
7.5 m
(g)
LANDSCAPED OPEN SPACE
Minimum
50% of the lot area
(h)
HEIGHT OF BUILDINGS
Maximum
9.5 m
(i)
DISTANCE BETWEEN BUILDINGS
minimum distance between two exterior walls facing
and parallel to each other where both walls contain a
living room window
21.5 m
minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
living room window and the other wall contains a
habitable room window
15 m
minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
living room window and the other wall contains no
habitable room windows
12 m
minimum distance between two exterior walls facing
and parallel to each other where both walls contain
habitable room windows
10.5 m
minimum distance between two exterior walls facing
and parallel to each other where one wall contains a
habitable room window and the other wall contains no
habitable room windows 6.0 m minimum distance
between two exterior walls facing and parallel to each
other where both walls contain no habitable room
windows
3.0 m
(j)
PARKING
Minimum
2 spaces per unit plus 0.25 parking
spaces per unit set aside for visitors
By-law 1784
Section 12-367
(k)
LOCATION OF PARKING SPACES
Parking spaces for group housing may be located in a private
garage within or contiguous to each dwelling unit, or on a private
driveway leading to such garage except for visitor parking which
shall be provided in common parking areas, which areas shall be a
minimum distance from:
(i)
living room window
10.5 m
(ii) habitable room window
6.0 m
(iii) the exterior wall of any building
2.1 m
(iv) any street line
6.0 m
(v) any lot line other than a street line
3.0 m
(b)
For the purpose of the interpretation of the various zone provisions set forth above,
the following definitions shall apply (where there is a conflict between the definitions
hereinafter set forth and those referred to in Section 2 of By-law # 1784, then the
definitions hereinafter set forth shall take precedence):
(i)
"EXTERIOR WALL" shall mean a main and supporting exterior wall of a
building running from the foundation footings to the roof of the building but
shall exclude unenclosed porches, balconies, steps, and patios.
(ii)
"EXTERIOR WALLS FACING AND PARALLEL TO EACH OTHER" shall
mean any exterior wall of a building having an angle of divergence of not
more than 85 degrees.
(iii)
"ANGLE OF DIVERGENCE" means the interior acute angle formed by and
lying between two exterior walls or their projections.(iii)"HABITABLE ROOM"
means a room designed for living, sleeping, eating, or food preparation
including a den, library, sewing room, or enclosed sun room.
(iv)
"LIVING ROOM" means a habitable room used for the common social
activities of the occupants of the dwelling house, but shall not include a
recreation or family room located in the basement or cellar of the dwelling
house.
(v)
"FLOOR SPACE INDEX" means the ratio of the gross floor area of the
dwelling house (excluding garage, basement, and cellar) to the total lot area.
(vi)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one-half of its
height from finished floor to finished ceiling, below adjacent finished grade.
(vii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one-half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(viii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevations of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
By-law 1784
Section 12-368
(c)
in the case of a gable, hip or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower steeple, or television
antenna.
(ix)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of zero
decimal three m in width owned by the Corporation of the Town of Whitby or
owned by the Regional Municipality of Durham.
(x)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(xi)
"BLOCK TOWNHOUSING" means one or more buildings or structures each
of which contain a minimum of three dwelling units (attached) but not
exceeding eleven dwelling units, which are located on the same lot retained
under one ownership, providing however, that this definition shall not
exclude the sale of any such dwelling unit under the provisions of the
Condominium Act.
(9-W)
PART OF BLOCK 2, ALL OF BLOCK 3 PLAN 40M-1642
WILLIAM SMITH DRIVE
(a)
Notwithstanding Section 8A(ii)(i) of By-law # 1784 the following provisions shall apply
to lands identified as the "Subject Property" on Schedule "A-1" annexed to By-law #
3264-93.
(i)
OUTSIDE USES PERMITTED
Outside storage shall be limited to finished and containerized products and
shall not include the storage of aggregate materials, vehicle scrap or
discarded materials or other similar raw materials or any hazardous
chemicals.
The outside storage shall be subject to the following restrictions:
(a)
outside storage shall be limited to single tenant users only;
(b)
outside storage shall be limited to the rear yard only, have a
minimum setback of 3 m from any rear or interior side lot line; and,
in the case of an exterior side yard, the minimum setback shall be
the same as the building line;
(c)
the outside storage area shall not exceed 50% of the ground floor
area of the main building on the lot;
(d)
the height of the outside storage shall not exceed 4.5 m;
(e)
any portion of the outside storage area that is adjacent to the
exterior side yard or is visible from a public street, shall be
screened by an impervious coniferous landscaped planting strip or
screen fence having a minimum height of 1.8 m.
(9-X)
PART OF LOT 20, CONCESSION 4
4295 THICKSON ROAD NORTH
Temporary Use - Expired
(9-Y)
PART OF LOT 23, CONCESSION 530 ST. THOMAS STREET
Temporary Use - Expired
(3264-93)
(3269-93)
(3984-97)
(4581-00)
(3270-93)
By-law 1784
Section 12-369
(9-Z)
PARTS OF LOTS 19 AND 20, BROKEN FRONT CONCESSION1650 VICTORIA
STREET EAST
Repealed by By-law Amendment # 3628-95
(10-A) PART OF LOTS 19 AND 20, BROKEN FRONT CONCESSION
1700 VICTORIA STREET EAST
(a)
No persons shall use any lot or erect or alter or use any building or structure in any
'C2-S' Special Purpose Commercial Zone as shown on Schedule "A-1" annexed to
By-law # 3313-93 except in accordance with the following uses and zone provisions:
C2-S - SPECIAL PURPOSE COMMERCIAL
(i)
USES PERMITTED
-
retail facility without food sales
(ii)
ZONE PROVISIONS
(a)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(b)
FRONTAGE
Minimum
30.5 m
except where the lot abuts a 0.3 m reserve, the
minimum shall be
10.0 m
(c)
FRONT YARD
Minimum
7.5 m
(d)
EXTERIOR SIDE YARD
Minimum
7.5 m
(e)
INTERIOR SIDE YARD
Minimum
3.0 m
(f)
REAR YARD
Minimum
7.5 m
except in the case of a rear yard abutting a provincial
highway corridor, the minimum shall be
13.7 m
(g)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(h)
HEIGHT OF BUILDING
Maximum
10.0 m
(i)
BUILDING SIZE
Minimum Gross Leasable Area
12,000 m2
(j)
NUMBER OF PARKING SPACES
Minimum
611
(k)
OUTDOOR STORAGE/DISPLAY OF GOODS
Maximum
6 m from main wall of building
(3312-93)
(3313-93)
(3628-95)
By-law 1784
Section 12-370
(b)
For the purpose of the interpretation of the various zone provisions set forth in
subsection a) above, the following definitions shall apply in addition to those outlined
in Section 2 of By-law # 1784. Where there is a conflict between the definitions
hereinafter set forth and those referred to in Section 2 of By-law # 1784, then the
definitions hereinafter set forth shall take precedence.
(i)
"RETAIL FACILITY WITHOUT FOOD SALES" means a building or
structure occupied by a single user, that is predominantly used for the
retailing and warehousing of various goods and wares, including but not
limited to those associated with the following components:
(a)
home improvement centre;
(b)
home supply centre;
(c)
equipment sales and rental - light;
(d)
major electrical supply centre;
(e)
plumbing supply centre;
(f)
retail nursery;
(g)
eating establishment; and,
(h)
does not permit the sale of food items, except as otherwise
permitted herein.
(ii)
"GROSS LEASABLE AREA" means the total area of all floors in a building
or part of a building designated for tenant occupancy and the tenant's
exclusive use including basements, mezzanines, upper floor areas and
integral storage areas measured from the centre line of joint partitions and
from outside wall faces but not1 including public or common areas such as
parking spaces and parking areas, walls, corridors, stairways, elevators,
public washrooms, garbage storage areas, or machine or equipment rooms.
(10-B) ART OF LOT 24, CONCESSION 3
2, 24, 26 FALLINGBROOK STREET
(a)
No person shall use any lot, or erect or alter or use any building or structure in any
"R2A" Zone as shown on Schedule "A-1" annexed to By-law # 3317-93 except in
accordance with the following uses and zone provisions:
R2A - SINGLE DETACHED DWELLING HOUSE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
5 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
8.5 m
(c)
LOT DEPTH
Minimum
0 m
(d)
LOT AREA
Minimum
65 m2
(3317-93)
By-law 1784
Section 12-371
(e)
LOT COVERAGE
Maximum for all buildings
3%
(f)
FRONT YARD
Minimum Depth
0.5 m
Provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(g)
REAR YARD
Minimum
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m of more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
Minimum Width
1.0 m
(i)
provided however, and notwithstanding the
above the exterior wall of the second storey of
any building shall be set back a distance from the
interior side lot line of at least
1.75 m
(ii) the exterior wall of the third storey of any building
shall be set back a distance from the interior side
lot line of the least
2.5 m
(iii) where no garage or carport facilities are provided
on the lot, then the minimum width of the interior
side yards shall be
4.5 m
(i)
EXTERIOR SIDE YARD
in the case of an exterior sideyard abutting a street
line or a 0.3 m reserve which abuts a street having a
planned width of 29 m or more, the minimum exterior
sideyard shall be
4.5 m
provided however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior sideyard shall be set back a
minimum distance from the exterior side lot line of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of lot area
(k)
HEIGHT OF BUILDING
Maximum
8.5 m
(10-C) PART OF LOTS 29 AND 30, CONCESSION 3
PLAN OF SUBDIVISION 18T-90044PRESERVATION PLACE
Repealed by By-law Amendment 6600-12
(3338-93)
(6600-12)
By-law 1784
Section 12-372
(10-D) PART OF LOT 24, CONCESSION 8
PLAN OF SUBDIVISION 18T-87045
(a)
No person shall use any lot, or erect or alter or use any building or structure in any
'RE' Zone as shown on Schedule "A-1" annexed to By-law # 3340-93 except in
accordance with the following uses and zone provisions:
RE - R ESIDENTIAL ESTATE
(i)
USES PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
50 m
(b)
LOT DEPTH
Minimum
50 m
(c)
LOT AREA
Minimum
0.36 ha
(d)
LOT COVERAGE
Maximum for all buildings
10% of lot area
(e)
FRONT YARD
Minimum Depth
15 m
(f)
REAR YARD
Minimum
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
6.0 m
(h)
EXTERIOR SIDE YARD
Minimum Width
15 m
(i)
LANDSCAPED OPEN SPACE
Minimum
50% of lot area
(j)
HEIGHT OF BUILDINGS
Maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(b)
Notwithstanding Section 2(a) of By-law # 3340-93, the lands marked "Subject
Property" as shown on Schedule "A-2" annexed to By-law # 3340-93 shall have a
minimum frontage of 30 m.
(c)
No single detached dwelling house shall be erected on the "Subject Property" as
shown on Schedule "A-1" annexed to By-law # 3340-93 unless it is serviced with a
private well with a watertight casing drilled to the deep aquifer and a private waste
disposal system which comply with the standards of the Ministry of the Environment
as amended from time to time and as administered by the Medical Officer of Health,
or otherwise.
(3340-93)
By-law 1784
Section 12-373
(d)
For the purpose of the interpretation of the various zone provisions set forth in
Subsection (a), (b) and (c) above, the following definitions shall apply. (Where there
is a conflict between the definitions set forth and those referred to in Section 2 of By-
law # 1784, then the definitions hereinafter set forth shall take precedence).
(i)
"YARD" means a space within a zone classification, appurtenant to a
building or structure, and which space is open, uncovered and unoccupied
from the ground to the sky except for such accessory buildings, structures or
uses as are specifically permitted elsewhere in By-law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean height
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, from finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"ZERO DECIMAL THREE METRE RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby, the Ministry of
Transportation or the Regional Municipality of Durham.
(10-E) PART OF LOT 31, CONCESSION 2
PLAN OF SUBDIVISION 18T-93006
(a)
No person shall use any lot or erect or alter or use any building or structure in any
'R4B' Zone as shown on Schedule "A-1" annexed to By-law # 3342-93 except in
accordance with the following uses and zone provisions:
R4B - A STREET TOWNHOUSE DWELLING
(i)
USES PERMITTED
-
street townhouse dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE - INTERIOR LOT
Minimum
6.0 m
(b)
LOT FRONTAGE - CORNER LOT
Minimum
10.5 m
(3342-93)
By-law 1784
Section 12-374
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT AREA
Minimum
180 m2
(e)
LOT COVERAGE
Maximum
50% of the lot area
(f)
FRONT YARD
Minimum Depth
4.5 m
provided however, and not withstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back from the front lot line a
minimum distance of
5.5 m
(g)
REAR YARD
Minimum Depth
10 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(h)
INTERIOR SIDE YARD
In the case of the side of a unit which is attached,
above and below ground to the adjoining unit there is
no interior side yard requirement provided that in the
case of parallel and unattached walls above grade the
minimum separation between such walls shall be
1.0 m
In the case of the side of a unit which is not attached
to the adjoining unit, the minimum interior side yard
setback shall be
1.2 m
(i)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
exterior side yard shall be set back from the exterior
side lot line a minimum distance of
5.5 m
(j)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(k)
HEIGHT OF BUILDING
Maximum
9.5 m
(l)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
By-law 1784
Section 12-375
(b)
For the purpose of the interpretation of the various zone provisions set forth in
Subsection (a) above, the following definitions shall apply. (Where there is a conflict
between the definitions set forth and those referred to in Section 2 of By-law # 1784,
then the definitions hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted
elsewhere in By-law No, 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the
average elevation of the finished surface of the ground at the side of the
building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the
parapet, whichever it the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip, or gambrel roof, the mean heights
between the eaves and the ridges, exclusive of any accessory roof
construction such as a chimney, tower, steeple or television
antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels
which is partly underground but which has at least one half of its height, from
finished floor to finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which
is partly or wholly underground and which has more than one half of its
height, form finished floor to finished ceiling, below adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public
street or immediately adjoining a 0.3 m reserve.
(vi)
"ZERO DECIMAL THREE METER RESERVE" means a strip of land of 0.3
m in width owned by the Corporation of the Town of Whitby, the Ministry of
Transportation or the Regional Municipality of Durham.
(vii)
"STREET TOWN HOUSE DWELLING" means one of a group of note more
than eight houses but not less than three single dwelling houses attached to
each other by a common party wall, attached either above or below grade,
dividing the dwelling house vertically, each of which dwelling house,
(a)
has separate front and rear entrances or separate front and side
entrances; and,
(b)
contains a private garage within each dwelling house.
(10-F) PART OF LOT 19, CONCESSION 3
PLAN OF SUBDIVISION 18T-89040
(a)
`R2A' - Single Detached Dwelling House
No person shall use any lot, or erect or alter or use any building or structure in any
`R2A' Zone as shown on Schedule "A-1" annexed to By-law # 3349-93 except in
accordance with the following uses and zone provisions.
(i)
USE PERMITTED
-
single detached dwelling house
(3349-93)
By-law 1784
Section 12-376
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
-
interior
15 m
-
corner
18.5 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
465 m2
(d)
LOT COVERAGE
Maximum for 1 storey dwelling unit
40%
Maximum for dwelling unit greater than 1 storey
33%
(e)
FRONT YARD
Minimum Depth
4.5 m
provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum depth to a dwelling unit or to a portion of a
dwelling unit having a maximum height of 1 storey
7.5 m
Minimum depth to a dwelling unit or to a portion of a
dwelling unit having a height greater than 1 storey
10 m
except where a rear yard abuts a 0.3 m reserve which
abuts a street having a planned width of 29 m or
more, or where a rear yard directly abuts a street
having a planned width of 29 m or more, the minimum
depth shall be
15 m
(g)
INTERIOR SIDE YARD
Minimum Width
1 m
provided however, and notwithstanding the above
(1) the exterior wall of the second storey of any
building shall be set back a distance from the
interior side lot line of at least
1.75 m
(2) the exterior wall of the third storey of any building
shall be set back a distance from the interior side
lot line of at least
2.5 m
(3) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
interior side yards shall be
4.5 m
By-law 1784
Section 12-377
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard shall be set back a
minimum distance from the exterior side lot line of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40% of the lot area
(j)
HEIGHT OF BUILDING
Maximum
8.5 m
(b)
`R2B' - Single Detached Dwelling House
No person shall use any lot, or erect or alter or use any building or structure in any
`R2B' Zone as shown on Schedule "A-1" annexed to By-law # 3349-93 except in
accordance with the following uses and zone provisions.
(i)
USE PERMITTED
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
-
interior
12 m
-
corner
15.5 m
(b)
LOT DEPTH
Minimum
30 m
(c)
LOT AREA
Minimum
360 m2
(d)
LOT COVERAGE
Maximum for 1 storey dwelling units
45%
Maximum for 2 and 3 storey dwelling units
40%
(e)
FRONT YARD
Minimum Depth
4.5 m
provided however, and notwithstanding the above, a
garage or carport, the entrance to which is from the
front yard, shall be set back a minimum distance from
the front lot line of
5.5 m
(f)
REAR YARD
Minimum depth to a dwelling unit or to a portion of a
dwelling unit having a maximum height of 1 storey
7.5 m
Minimum depth to a dwelling unit or to a portion of a
dwelling unit having a height greater than 1 storey
10.0 m
except in the case of a rear yard abutting a 0.3 m
reserve which abuts a street having a planned width
of 29 m or more, the minimum depth shall be
15 m
(3504-94)
By-law 1784
Section 12-378
(g)
INTERIOR SIDE YARD
Minimum Width
1.0 m
Provided, however, and notwithstanding the above
(i)
the exterior wall of the second and third storey of
any building shall be set back a distance from the
interior side lot line of at least
1.5 m
(ii) where no garage or carport facilities are provided
on the lot, then the minimum width of one of the
interior side yards shall be
4.5 m
(h)
EXTERIOR SIDE YARD
Minimum Width
4.5 m
provided however, and notwithstanding the above
provisions, a garage or carport, the entrance to which
is from the exterior side yard, shall be setback from
the exterior side lot line a minimum distance of
5.5 m
(i)
LANDSCAPED OPEN SPACE
Minimum
40%
(j)
HEIGHT OF BUILDING
Maximum
8.5 m
(c)
`I/R2A'- Institutional/Single Detached Dwelling House
No person shall use any lot or erect or use any building or structure in any 'I/R2A'
Zone as shown on Schedule "A-1" annexed to By-law # 3349-93 except in
accordance with the following uses and zone provisions:
(i)
USES PERMITTED
'I' - INSTITUTIONAL
-
Arena
-
Church
-
community centre
-
nursery school
-
school (elementary and secondary)
-
swimming pool
`R2A' - SINGLE DETACHED DWELLING HOUSE
(ii)
ZONE PROVISIONS
For an Institutional use the zone provisions shall be in accordance with the
following zone provisions:
(a)
FRONT YARD
Minimum Depth
15 m
(b)
INTERIOR SIDE YARD
Minimum Width
10.0 m
(c)
REAR YARD
Minimum Depth
10.0 m
By-law 1784
Section 12-379
(d)
EXTERIOR SIDE YARD
Minimum Width
10.0 m
(e)
LOT COVERAGE
Maximum for all buildings
40% of the lot area
(f)
HEIGHT OF BUILDINGS
Maximum
15 m
(g)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
For a single detached dwelling house the zone provisions shall be
in accordance with Subsection 2(a)(ii) as outlined above.
(d)
For the purpose of the interpretation of the various zone provisions set forth in Subsections (a),
(b) and (c) above, the following definitions shall apply. (Where there is a conflict between the
definitions set forth and those referred to in Section 2 of By-law # 1784, then the definitions
hereinafter set forth shall take precedence).
(i)
"YARD" means a space, appurtenant to a building or structure, and which space is
open, uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures or uses as are specifically permitted elsewhere in By-
law # 1784.
(ii)
"HEIGHT OF BUILDINGS" means the vertical distance between the average
elevation of the finished surface of the ground at the side of the building; and,
(a)
in the case of a flat roof, the highest point of roof surface or the parapet,
whichever is the greater;
(b)
in the case of a mansard roof, the deck roof line; and,
(c)
in the case of a gable, hip or gambrel roof, the mean heights between the
eaves and the ridges, exclusive of any accessory roof construction such as a
chimney, tower, steeple or television antenna.
(iii)
"BASEMENT" means that portion of a building between two floor levels which is
partly underground but which has at least one half of its height, from finished floor to
finished ceiling, above the adjacent finished grade.
(iv)
"CELLAR" means that portion of a building between two floor levels which is partly or
wholly underground and which has more than one half of its height, from finished floor
to finished ceiling, below the adjacent finished grade.
(v)
"EXTERIOR SIDE YARD" means a side yard immediately adjoining a public street or
immediately adjoining a 0.3 m reserve.
(10-G) PART OF LOT 21, CONCESSION 1
25 CONSUMERS DRIVE
Repealed by By-Law Amendment 4611-00.
(10-H) PART OF LOT 20, CONCESSION 3
90 WALLER STREET
(a)
Assessment Roll # 040-034-130-31(a)The additional use of a "Day Nursery Facility"
shall be permitted on the lands identified as the "Subject Property" on Schedule "A-1"
annexed to By-law # 3380-93:
(3378-93)
(3380-93)
(4611-00 )
By-law 1784
Section 12-380
(b)
Notwithstanding Section 2 (Definitions) of By-law # 1784, the following definition shall
apply to the lands identified as the "Subject Property" on Schedule "A-1" annexed to
By-law # 3380-93:
"DAY NURSERY FACILITY" means a "day nursery" as defined in the
Day Nurseries Act, R.S.O. 1990, c. D. 2, as may be amended from time
to time and shall be restricted to a maximum gross floor area of
185 m2
(10-I)
PART OF LOTE 21, CONCESSION 1
1525 NICHOL AVENUE
(a)
The additional use of a "Day Nursery Facility" shall be permitted on the lands
identified as the "Subject Property" on Schedule "A-1" annexed to By-law # 3381-93.
(b)
Notwithstanding Section 2 (Definitions) of By-law # 1784, the following definition shall
apply to the lands identified as the "Subject Property" as shown on Schedule "A-1"
annexed to By-law # 3381-93:
"DAY NURSERY FACILITY" means a "day nursery" as defined in the
Day Nurseries Act, R.S.O. 1990, c. D. 2, as may be amended from time
to time and shall be restricted to a maximum gross floor area of
185 m2
(10-J) PARTS OF LOTS 21 AND 22, CONCESSION 6
PLAN OF SUBDIVISION (18T-89099)
(a)
`HR2A*', `HR2B*', `HR2C*', `HR3A*', `HR3B*', `HR4A*', `HR4B*', `HR4A/B', AND
`HR5A', - HOLDING RESIDENTIAL ZONES
(i)
No person shall use any lot or erect or alter or use and building or structure
in any `HR2A*', `HR2B*', `HR2C*', `HR3A*', `HR3B*', `HR4A*', `HR4B*',
`HR4A/B', `HR5A-1', or `H5RA-2' Zones as shown on Schedule "A-1"
annexed to By-law # 3407-93 except in accordance with the following uses:
-
bush or berry crop
-
field crop
(ii)
A By-law shall not be enacted to delete an `H' symbol until such time as it
has been demonstrated to the satisfaction of the Town of Whitby that the
lands to be affected by the said by-law are serviced by municipal water,
sanitary sewer and storm sewer facilities or the necessary municipal
agreement(s) are in place.
(iii)
In the event that Council deems it appropriate to delete an `H' symbol
prefixed to the aforementioned `HR2A*', `HR2B*', `HR2C*', `HR3A*',
`HR3B*', `HR4A*', and `HR4B*' Zone designations, the uses and zone
provisions of Sections 5C, 5D, 5E, 5G, 5H, 5I and 5J respectively of By-law
# 1784 shall then apply to the lands so designated.
(iv)
In the event that Council deems it appropriate to delete the `H' symbol
prefixed to the aforementioned `HR4A/B' Zone designation, the following
uses and zone provisions shall then apply to the lands so designated.
(b)
`R4A/B' - TOWNHOUSE RESIDENTIAL
(i)
USES PERMITTED
-
block townhouse dwelling
-
street townhouse dwelling
(3381-93)
(3407-93)
By-law 1784
Section 12-381
(ii)
ZONE PROVISIONS - BLOCK TOWNHOUSE DWELLING
(a)
All zone provisions and other requirements of Section 5I of By-law
# 1784 shall apply to the block townhouse dwellings proposed on
the lands designated `R4A/B'.
(b)
Notwithstanding Section (ii) (a) above;
(i)
The minimum distance between the end wall of a
townhouse dwelling and the end wall of a
separate townhouse dwelling and the end wall of
a separate townhouse dwelling shall be
3.0 m
(ii) The minimum distance between the end wall of a
townhouse dwelling and a wall other than an end
wall of a separate townhouse dwelling shall be
9.5 m
(iii) The minimum distance between walls other than
the end walls on separate townhouse dwellings
shall be
15 m
(iii)
ZONE PROVISIONS - STREET TOWNHOUSE DWELLING
(a)
All zone provisions and other requirements of Section 5J of By-law
# 1784 shall apply to a street townhouse dwelling proposed on the
lands designated `R4A/B'.
(b)
Notwithstanding the provisions of Section 5J (ii) (f);
(i)
The rear yard depth may be reduced to 3.5 m where the rear
yard of the street townhouse dwelling abuts a public park
provided a private amenity space of 30 m2, having a minimum
linear dimension of 4.5 m on one side, is provided adjacent to
the street townhouse dwelling unit on the side of the street
townhouse dwelling unit which faces and internal roadway or
local street.
(ii) Where the rear yard setback is less than 7.5 m, the minimum
distance between a local street and the exterior wall of the
dwelling unit shall be 12 m and the minimum distance between
the exterior wall of an attached garage and the exterior wall of
the dwelling unit shall be 3.0 m.
(v)
In the event that Council deems it appropriate to delete the `H' symbol prefixed to the
aforementioned `H5RA-1' and `HR5A-2' Zone designations, the following uses and
zone provisions shall then apply to the lands so designated.
`R5A-1' and `R5A-2' - Multiple Unit Residential
(i)
USES PERMITTED
-
apartment dwelling
-
block townhouse dwelling
(ii)
ZONE PROVISIONS - APARTMENT DWELLING
(a)
LOT FRONTAGE
Minimum
50 m
By-law 1784
Section 12-382
(b)
LOT AREA
Minimum
4 hectares
(c)
LOT COVERAGE
Maximum
35% of lot area
(d)
DENSITY
(i)
for the area shown as `R5A-1' on Schedule "B" to
By-law # 1784, the maximum number of
apartment dwelling units shall be
62 units
(ii) for the area shown as `R5A-2' on Schedule "B" to
By-law # 1784, the maximum number of
apartment dwelling units permitted shall be
71 units
(e)
HEIGHT
Maximum
4 storeys or 12 m whichever is less
(f)
FRONT YARD
Minimum Depth
7.5 m
(g)
REAR YARD
Minimum Depth
7.5 m
(h)
INTERIOR SIDE YARD
Minimum Depth
7.5 m
(i)
EXTERIOR SIDE YARD
Minimum Depth
7.5 m
(j)
DISTANCE BETWEEN BUILDINGS ON THE SAME LOT
(i)
The minimum distance between an apartment
dwelling and a separate building or structure shall
be
15 m
Provided however, and notwithstanding the above, this
distance may be reduced to 7.5 m between the end wall of an
apartment dwelling and the end wall of a block townhouse
dwelling provided neither wall contains a bedroom, living-room
or dining room window.
(k)
INTERNAL ROADWAY
(i)
Minimum Width
8.5 m
(ii) The minimum distance from an internal roadway
to the nearest exterior wall of an apartment
dwelling shall be
2.0 m
Provided however, and notwithstanding the
above, the minimum distance from an internal
roadway to the nearest exterior wall of an
apartment dwelling containing a living room,
bedroom or dining room window shall be
5.0 m
(l)
LANDSCAPED OPEN SPACE
Minimum
35% of lot area
By-law 1784
Section 12-383
(m)
PARKING
(i)
Parking may be located in any yard provided that
no parking space shall be located closer than 2.5
m to any property line.
(ii) The minimum distance between a parking area
and the exterior wall of an apartment dwelling
shall be
1.0 m
(iii) Provided however, and notwithstanding the
above; the minimum distance between a parking
area and an exterior wall of an apartment
dwelling containing a living room, bedroom or
dining room shall be
5.0 m
(iii)
ZONE PROVISIONS - BLOCK TOWNHOUSE DWELLING
(a)
All zone provisions and other requirements of Section 5I of By-law
# 1784 shall apply to a block townhouse dwelling proposed on the
lands designated `R5A-1' and `R5A-2'.
(b)
DENSITY
Notwithstanding the density provisions of Section 5I(ii)(d) of By-law
# 1784 the following density provisions for block townhouse
dwellings shall apply tot he lands designated `R5A-1' and `R5A-2'.
(i)
for the area shown as `R5A-1' on Schedule "B" to
By-law # 1784, the maximum number of block
townhouse dwelling units permitted shall be
76 units
(ii) for the area shown as `R5A-2' on Schedule "B" to
By-law # 1784, the maximum number of block
townhouse dwelling units shall be
16 units
(vi)
In the event that Council deems it appropriate to delete the `H' symbol
prefixed to the aforementioned `HC2S' Zone designation, the uses and zone
provisions of Section 7E of By-law # 1784 shall then apply to the lands so
designated.
(vii)
Repealed by By-Law Amendment 4972-02.
(10-K) PART OF LOT 18, CONCESSION 1
PLAN OF SUBDIVISION 18T-93005
BURDGE COURT
(a)
Notwithstanding the provisions of Section 5E (ii)(a) of By-law # 1784 to the contrary,
the following provisions shall apply:
(i)
LOT FRONTAGE
Minimum
-
interior lot
10.5 m
-
corner lot
13 m
(10-L) R3-BP PROPERTIES - QUEEN STREET
Repealed by By-law Amendment 6600-12
(10-M) 25 CASSELS ROAD EAST
Repealed by By-law Amendment 6600-12
(3440-94)
(2633-89)
(2633-89)
(4972-02)
(6600-12)
(6600-12)
By-law 1784
Section 12-384
(10-N) 450 WINCHESTER ROAD EAST
Repealed by By-law Amendment 6600-12
(10-O) PART OF LOT 28, CONCESSION 3
PLAN OF SUBDIVISION (18T-90025)
Repealed by By-Law Amendment 4231-98
(10-P) PART OF LOT 28, CONCESSION 3
PLAN OF SUBDIVISION (18T-90025)
Repealed by By-Law Amendment 4231-98
(10-Q) PART OF LOT 21 CONCESSION 6
THICKSON ROAD NORTH
Temporary Use - Expired
(10-R) PART OF LOT 21 CONCESSION 6
THICKSON ROAD NORTH
Temporary Use - Expired
(10-S) PARTS OF LOT 27, CONCESSION 3
PLAN OF SUBDIVISION (18T-89061)
Repealed by By-law Amendment 6600-12
(10-T) PART LOT 26, CONCESSION 3
PLAN OF SUBDIVIISION (18T-87080)
(a)
`HR2B*', HR2C*', `HR3A*', `HR4A*', `HR4B*', `HR4B-2', `HR5A-3', `HR5A-4' -
HOLDING RESIDENTIAL ZONES
Repealed by By-law Amendment 6600-12
(b)
`R4B-2' - STREET TOWNHOUSE DWELLING
Repealed by By-law Amendment 6600-12
(c)
`R5A-3', `R5A-4' - MULTIPLE UNIT RESIDENTIAL
(i)
USE PERMITTED
-
apartment dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
70 m
(b)
LOT AREA
Minimum
0.7 ha
(c)
LOT COVERAGE
Maximum
35%
(d)
FLOOR SPACE INDEX
the minimum ratio of total gross floor space to gross
lot area shall be
1.0
(2633-89)
(3471-94)
(3472-94)
(3480-94)
(3481-94)
(3483-94)
(485-94)
(6600-12)
(4231-98)
(4231-98)
(6600-12)
(6600-12)
By-law 1784
Section 12-385
(e)
DENSITY
(i)
For the area shown as `R5A-3' the following densities shall
apply:
Minimum
55 units per net ha
Maximum
110 units per net ha
(ii) For the area shown as `R5A-4' the following densities shall
apply:
Minimum
110 units per net ha
Maximum
170 units per net ha
(f)
HEIGHT
Maximum
12 storeys or 37m whichever is less
(g)
YARDS
The minimum setback for all yards shall be
10.0 m
Provided however, and notwithstanding the above, for
the lands shown as `R5A-3' the following additional
setback shall apply:
(i)
All buildings and structures with a height greater
than 21 m shall be setback from the north
property boundary an additional 0.6 m for each m
or portion thereof in height which exceeds
21 m
(h)
DISTANCE BETWEEN BUILDINGS ON THE SAME LOT
The minimum distance between an apartment
dwelling and a separate building or structure shall be
15 m
Provided, however, and notwithstanding the above
this distance may be reduced to 7.5 m between the
end walls of separate structures provided neither of
the end walls contains a bedroom, living room or
dining room window.
In no case shall the distance between buildings be
less than half the height of the tallest building.
(i)
INTERNAL ROADWAY
Minimum Width
8.5 m
(i)
the minimum distance from an internal roadway
to the nearest portion of an apartment dwelling
shall be
5.0 m
Provided however, and notwithstanding the
above, this distance may be reduced to 2.0 m
from an exterior wall which does not contain a
bedroom, living room or dining room window.
(j)
LANDSCAPED OPEN SPACE
Minimum
35% of the lot area
By-law 1784
Section 12-386
(k)
PARKING AND LOADING SPACE REQUIREMENTS
(i)
A maximum of 15% of the provided parking may
be permitted at finished grade.
(ii) Any portion of a parking structure fully below or
being no greater than 1 m above finished grade
shall not be included within the calculation of lot
coverage
(iii) Parking and loading spaces provided at or on
finished grade and portions of underground
parking structures above and within 1 m of
finished grade shall be located no closer than the
following;
to a street line or 0.3 m reserve abut-ting a street
line, a minimum distance of
10 m
to any other property line, a minimum distance of
2.5 m
Notwithstanding the provisions set out under
(k)(iii) above, a designated handicap parking
space may be permitted in a front or exterior side
yard provided that such parking space is located
no closer than 2.5 m to the street line.
(iv) Parking structures fully below finished grade shall
be located no closer than the following;
to any property line, a minimum distance of
2.5 m
(v) The maximum height of any portion of a parking
garage or structure above finished grade shall be
the lesser of 2 storeys or 10 m
(vi) The minimum setback for a parking garage or
structure located greater than 1 m above finished
grade shall be
to any property line
10 m
(10-U) PART OF LOT 21, CONCESSION 6
SUBDIVISION 18T-89099
PHASE 1
(a)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands identified as the
`Subject Property' on Schedule 'A-1' annexed to By-law # 3506-94:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(3506-94)
By-law 1784
Section 12-387
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it is subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(c)
Notwithstanding the interior side yard provisions of Section 5D (g)
(i) Residential R2B* Zone of By-law # 1784, the following additional
provisions shall apply to the lands identified as the `Subject
Property' on Schedule 'A-1' annexed to By-law # 3506-94:
Where a detached garage is provided in the rear yard and no
attached garage or carport is provided the minimum width of the
interior side yard shall be as follows:
-
on the interior side yard containing the driveway
to the detached garage
3.1 m
-
on the other side
0.6 m
provided however that the exterior wall of the building set at the
minimum setback of 0.6 m is setback a minimum of 1.6 m from the
dwelling unit on the abutting lot.
(10-V) PART OF LOTS 29 AND 30, CONCESSION 3
PLAN OF SUBDIVISION (18T-90044)
Repealed by By-law Amendment 6600-12
(10-W) 640 TAUNTON ROAD EAST
Temporary Use - Expired
(10-X) PART OF LOT 26, CONCESSION 4
4101 BALDWIN STREET SOUTH
Repealed by By-law Amendment 6600-12
(10-Y) PART OF LOT 24, CONCESSION 3
904 AND 908 ROSSLAND ROAD EAST
Repealed by By-law Amendment 7715-21
(10-Z) PART OF LOTS 22 AND 23, BROKEN FRONT CONCESSION
1801 HOPKINS STREET SOUTH
(a)
In addition to the uses permitted in an `M1' Restricted Industrial Zone and in addition
to the uses permitted in an `M1A' Prestige Industrial Zone as referred in Sections 8
and 8A of By-law # 1784, the subject lands may also be used for an automobile
shredder by-product landfill berm on the lands generally identified as the Landfill
Berm Envelope shown on Appendix A to this By-law. Such additional use shall only
be permitted in connection with the operation of a steel mill and automobile shredding
operation on the subject property.
No new buildings for a permitted use within an `M1' or `M1A' Zone shall be permitted
on any lands utilized for the purpose of an automobile shredder by-product landfill
berm.
(3534-94)
(3544-94)
(3948-97)
(4614-00)
(3547-94)
(3567-94)
(3576-94)
(6506-11)
(6763-13)
(6600-12)
(7715-21)
By-law 1784
Section 12-388
(b)
In addition to the zone requirements of Section 8A of By-law # 1784, as amended, the
minimum lot frontage for those lands zoned `M1A' as identified on Schedule "A-2" to
By-law 3576-94 shall be 800 m.
(c)
In addition to the zone requirements of Zoning By-law # 1784, as amended, no part of
the landfill berm, as measured from the nearest toe of the berm, shall be located
closer than 30 m to any `OS' Zone or any lot line.
(d)
For the purpose of the interpretation of the various zone provisions set forth in
Subsections (a) and (b) above, the following definition shall apply:
(i)
"AUTOMOBILE SHREDDER BY-PRODUCT LANDFILL BERM" means a
structure for private landfill used solely for the placement of the (non-metallic
and non-hazardous) by-product generated by an on-site automobile shredding
operation and in a manner which is subject to the approval and conditions of
the Ministry of the Environment and Energy.
By-law 1784
Section 12-389
By-law 1784
Section 12-390
(11-A) PART OF LOT 24, CONCESSION 2
1509 ROSSLAND ROAD EAST
(a)
Notwithstanding Section 5c of By-law # 1784, any permitted residential shall only be
permitted on a lot within an `R2A*' Zone having lot frontage and access from a local
road.
(b)
Notwithstanding Section 5c of By-law # 1784, the additional use of an office shall be
permitted on the lands identified as the "Subject Property" on Schedule "A-1"
annexed to By-law # 3584-94.
(c)
Notwithstanding Section 5c of By-law # 1784, an office shall only be permitted on a lot
having frontage and access from a designated arterial road.
(d)
The following zone provisions shall apply to offices:
(i)
LOT FRONTAGE
Minimum
80 m
(ii)
LOT DEPTH
Minimum
40 m
(iii)
LOT AREA
Minimum
3500 m2
(iv)
LOT COVERAGE
Maximum
22% of lot area
(v)
FRONT YARD
Minimum depth
5.0 m
(vi)
REAR YARD
Minimum
22.5 m
(vii)
INTERIOR SIDE YARD
Minimum width
2.5 m
(viii)
LANDSCAPED OPEN SPACE
Minimum
33% of lot area
(ix)
HEIGHT OF BUILDINGS
Maximum
9.0 m
(x)
BUILDING GROSS FLOOR SPACE
Maximum
1,480 m2
(xi)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784.
(e)
For the purpose of interpreting the office use, the following definition shall apply:
(i)
"OFFICE" means a building or structure in which persons are employed in
the management, direction and conduct of a business, agency, brokerage,
consultant's firm or a labour or fraternal organization and where
professionally qualified persons and their staff are employed and where
clients or patients go for advice, consultation or treatment and may include
but not be limited to a medical practitioner's office, the offices of a lawyer, an
architect, an engineer, an accountant, a landscape architect, a planner, a
denturist, and a chiropractor.
(3584-94)
(6776-13)
(6776-13)
(6776-13)
(6776-13)
By-law 1784
Section 12-391
(ii)
"OFFICE FLOOR SPACE" means the office floor area within a building or
structure whether any such floor is above or below grade, calculated by
measuring from centre line to centre line of all interior dividing walls and from
the exterior face of the building fronts and other perimeter walls, including
outer building walls and walls adjoining corridors or other common areas
excluding, however, a basement area and mezzanine space used
exclusively for storage, washrooms, mechanical, electrical and elevator
machine rooms, exterior truck loading facilities, common walkways/stairways
and interior pedestrian mall spaces.
(11-B) PART OF LOT 28, CONCESSION 9
HERON ROAD
Repealed by By-law Amendment 6600-12
(11-C) PART OF LOT 33, CONCESSION 4
4540 CORONATION ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, the lands shown on
Schedule "A-1" annexed to By-law # 3617-95 and designated thereon as the "Subject
Property", may be used for a single detached dwelling.
(b)
The zone requirements of Schedule "A" to By-law # 1784 designated as "A"
Agricultural (Residential other than farming) and the general provisions of Section 4 of
the said By-law # 1784 shall apply to any development on the "Subject Property"
pursuant to Subsection (a) above.
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
private waste disposal system which comply with the standards on the Ministry of the
Environment and Energy as amended from time to time and as administered by the
Medical Officer of Health or otherwise.
(11-D) 3500 BROCK STREET NORTH
Repealed by By-law Amendment 3814-96
(11-E) PART OF LOT 22, CONCESSION 2
733 ANDERSON STREET
(a)
Notwithstanding the lot frontage provisions of Section 5c(ii)(a) of By-law # 1784 to the
contrary, the following lot frontage provision shall apply to the subject lands
specifically identified by dots on Schedule A-1 attached to and forming part of By-law
# 3653-95:
LOT FRONTAGE
Minimum
-
interior
13 m
(11-F) 12 & 14 GARRARD ROAD
(a)
Notwithstanding Section 5(c) of By-law # 1784, the following additional uses shall be
permitted on the lands identified as the "Subject Property" on Schedule A-1 annexed
to By-law # 3658-95:
-
Offices
-
personal service establishment
(b)
Notwithstanding Schedule "A" Zone Requirements Table of By-law # 1784, the
following zone provisions shall apply to the permitted uses in clause (a) above.
(i)
LOT FRONTAGE
Minimum
20 m
(3616-95)
(6776-13)
(6776-13)
(3617-95)
(3637-95)
(3653-95)
(3658-95)
(6600-12)
(3814-96)
By-law 1784
Section 12-392
(ii)
LOT DEPTH
Minimum
60 m
(iii)
FRONT YARD
Minimum Depth
7.5 m
(iv)
REAR YARD
Minimum Depth
25 m
(v)
INTERIOR SIDE YARD
Minimum
1.5 m
(vi)
LANDSCAPED OPEN SPACE
Minimum
10% of the lot area
(vii)
LOT COVERAGE
Maximum
25% of the lot area
(viii)
GROSS LEASABLE AREA PER BUILDING
Maximum
350 m2
(ix)
BUILDING HEIGHT
Maximum
8.5 m
(x)
PARKING
In accordance with Section 4(n) of By-law # 1784.
(xi)
The general provisions section of By-law # 1784 shall apply to the lands
identified as the "Subject Property" on Schedule A-1 annexed to By-law #
3658-95.
(xii)
Notwithstanding the definitions in By-law # 1784 to the contrary, the
following shall apply to the use in clause (a) above:
"OFFICE" means a building or structure in which persons are employed in
the management, direction and conduct of a business, agency, brokerage,
consultant's firm or a labour or fraternal organization and where
professionally qualified persons and their staff are employed and where
clients or patients go for advice, consultation or treatment and may include
but not be limited to a medical practitioner's office, the offices of a lawyer, an
architect, an engineer, an accountant, a landscape architect, a planner, a
denturist, and a chiropractor.
"PERSONAL SERVICE ESTABLISHMENT" means a building or a portion
of a building used to provide direct service to the public which shall include a
law office, a real estate office, a travel agency, a tailor's shop, a barber shop,
a beauty salon, a shoe repair, a dry cleaner's distribution station, a school of
dance, art or music.
(11-G) PART OF LOT 23, CONCESSION 3
3800 ANDERSON STREET
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, the lands shown on
Schedule A-1 annexed to By-law # 3671-95 and designated thereon as the "Subject
Property" shall be used for a single detached dwelling.
(6776-13)
(3671-95)
By-law 1784
Section 12-393
(b)
The "R3" Residential Zone requirements of Schedule "A" to By-law # 1784 and the
general provisions of Section 4 of the said By-law # 1784 shall apply to any
development on the "Subject Property" pursuant to Subsection (a) above, except for
the following:
(i)
FRONT YARD
minimum depth from the widened portion of Anderson Street
10 m
(ii)
LOT AREA
Minimum
670 m2
(iii)
REAR YARD
minimum depth measured from a Greenbelt Zone
0.0 m
(11-H) PART OF LOT 27, CONCESSION 3
PLAN OF SUBDIVISION 18T-89061
Repealed by By-law Amendment 6600-12
(11-I)
PART OF LOT 26, CONCESSION 3
PLAN OF SUBDIVISION 18T-92005
(11-J) PART OF
Repealed by By-law Amendment 6600-12
LOT 21, BROKEN FRONT CONCESSION
1549 VICTORIA STREET EAST
In addition to the permitted non-residential uses listed in Section 8A(i)(b) of this By-law, a bus
depot and maintenance facility shall be permitted within that portion of the lands zoned
Prestige Industrial "M1A", identified as the "Subject Property" on Schedule 'A-1' annexed to
By-law # 3701-95.
(11-K) PART OF LOT 19, CONCESSION 1
PLAN OF SUBDIVISION (18T-89051)
Repealed by By-law Amendment 6893-14
(11-L) PART OF LOT 30, CONCESSION 2
695 ROSSLAND ROAD WEST
(a)
Notwithstanding the permitted uses found in Section 10A (1) (b) of By-law # 1784, the
following additional use of a recreational sports complex shall be permitted on the
lands identified as the "Subject Property" on Schedule "A-1" annexed to By-law #
3696-95.
(b)
For the purpose of the interpreting the recreational sports complex, the following
definition shall apply:
"RECREATIONAL SPORTS COMPLEX" shall include, but not be limited to, such
uses as arenas, community centres, curling rinks, swimming pools, wading pools,
court games and playgrounds.
(11-M) PART OF LOT 30, CONCESSION 7
7045 COUNTRY LANE
Temporary Use - Expired
(11-N) PARTS OF LOTS 22 AND 23, CONCESSION 3
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"R1A" Zone on Schedule "A-1" annexed to By-law # 3719-95 except in accordance
with the following uses and zone provisions:
(3676-94)
(3684-95)
(3701-95)
(3702-95)
(3696-95)
(3718-95)
(3719-95)
(6600-12)
(6600-12)
(6893-14)
By-law 1784
Section 12-394
(i)
The respective uses and zone provisions as set out in Section 12 (6-W)(b)
shall apply to the lands in any `R1A' Zone on Schedule "A-1" to By-law #
3719-95; and,
(ii)
Notwithstanding Section (ii) of Section 12 (6-W) (b), the following provisions
shall apply;
(a)
LOT DEPTH
Minimum
26 m
(b)
REAR YARD
Minimum
10 m
(c)
LOT COVERAGE
Maximum
40% of the lot area
(b)
No person shall use any lot or erect or alter or use any building or structure in any
"R2A" Zone on Schedule "A-1" annexed to By-law # 3719-95 except in accordance
with the following uses and zone provisions:
(i)
The respective uses and zone provisions as set out in Section 12 (6-W) (c)
shall apply to the lands in any "R2A" Zone on Schedule "A-1" to By-law #
3719-95; and,
(ii)
Notwithstanding Section (ii) of Section 12 (6-W)(c), the following provisions
shall apply;
(a)
REAR YARD
Minimum
10 m
(b)
LOT COVERAGE
Maximum
40% of the lot area
(11-O) PART OF LOTS 31 AND 32, BROKEN FRONT CONCESSION,
PLAN OF SUBDIVISION (18T-90037)
Repealed by By-law Amendment 6600-12
(11-P) PART OF LOT 26, CONCESSION 3
PLAN OF SUBDIVISION 18T-89060
Repealed by By-law Amendment 6600-12
(11-Q) PART OF LOT 26, CONCESSION 3
PLAN OF SUBDIVISION 18T-88080
Repealed by By-law Amendment 6424-11
(11-R) PART OF LOT 22, CONCESSION 5
PLAN OF SUBDIVISION 18T-87037
Repealed by By-law Amendment 6600-12
(3723-95)
(3731-95)
(3732-95)
(3740-95)
(6600-12)
(6600-12)
(6424-11)
(6600-12)
By-law 1784
Section 12-395
(11-S) PART OF LOTS 21 AND 22, CONCESSION 6
SUBDIVISION 18T-89099
(a)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A1" annexed to By-law # 3764-95:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(c)
Notwithstanding the interior side yard provisions of Section 5D (g)
(i) Residential `R2B*' Zone of By-law # 1784, the following
additional provisions shall apply to the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 3764-
95:
(i)
Where a detached garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of
the interior side yard shall be as follows:
-
on the interior side yard containing the
driveway to the detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at
the minimum setback of 0.6 m is setback a minimum of 1.6 m
from the dwelling unit on the abutting lot.
(11-T) PART OF LOT 26, CONCESSION 3
PLAN OF SUBDIVISION 18T-94005
Repealed by By-law Amendment 6600-12
(11-U) PART OF LOT 26, CONCESSION 5
5260 BALDWIN STREET SOUTH
(a)
The zone requirements of Schedule "B" to By-law # 1784 designated as 'C2S' Special
Purpose Commercial and the general provisions of Section 4 of By-law # 1784 shall
apply to any development on the lands identified as the "Subject Property" on
Schedule "A-1" to By-law # 3786-96 with the exception that the following shall apply:
(i)
Notwithstanding the uses permitted, only dry uses which only require and
need to provide water solely for the sanitary needs of the employees shall be
permitted;
(3764-95)
(3774-95)
(3786-96)
(6600-12)
By-law 1784
Section 12-396
(ii)
No building shall be erected or used in whole or in part unless such lands
are serviced with a private drilled well and a private sanitary sewage facility
which comply with the standards of the Ministry of the Environment and
Energy as amended from time to time and as administered by the Medical
Officer of Health or otherwise;
(iii)
OPEN STORAGE
No open storage of goods or materials shall be permitted to be located
between an exterior wall of a building adjacent to an exterior side yard or a
front yard to a street line and a street line, and the open storage of lumber
and building materials shall not exceed the floor area of all buildings or
structures;
(iv)
OUTSIDE DISPLAY OF GOODS
Maximum
6.0 m from main wall of building
(v)
PARKING
Notwithstanding the provisions of Section 4 of By-law # 1784, the following
parking provisions apply:
Home Improvement Centre
1 parking space per 23
m2 of gross floor area of
the retail showroom,
display and office space
1 parking space per 93 m2
of gross floor area of the
warehouse.
"WAREHOUSE" means a building or part thereof for the storage of goods
and materials which is not readily accessible to the public, the goods or
materials are not on display to the public, and where no retail sales are made
to the public.
(11-V) PART OF LOTS 29 AND 30, CONCESSION 3
SUBDIVISION 18T-90044
(a)
Notwithstanding the provisions of Section 4(n)(c)(ii) and Section 4(n)(d)(vii) of By-law
# 1784, the following shall apply to the lands identified as the "Subject Property" as
shown on Schedule "A-1" annexed to By-law # 3817-96:
(i)
The minimum separation distance between an intersection of
street lines and the nearest drive-way shall be at least
6.0 m
(b)
Notwithstanding the provisions of Section 4(y)(d)(c) of By-law # 1784, the following
shall apply to the lands identified as the "Subject Property" as shown on Schedule "A-
1" annexed to By-law # 3817-96.
(i)
Unenclosed balconies or decks and appurtenant stairs greater than 1.2 m
and less than 3.5 m in height may encroach a maximum of 1.0 m into the
required rear yard.
(11-W) PART OF LOT 31, BROKEN FRONT CONCESSION
PLAN OF SUBDIVISION (18T-90017)
Repealed by By-law Amendment 6600-12
(3817-96)
(3841-96)
(6600-12)
By-law 1784
Section 12-397
(11-X) PART OF LOT 26, CONCESSION 4
10 TAUNTON ROAD EAST
(a)
Notwithstanding Section 7A(B)(1) of By-law # 1784, the additional use of a
convenience retail store shall be permitted on the lands zoned Gasoline Bar "GB",
identified as the "Subject Property" on Schedule "A-1" annexed to By-law # 3842-96.
(11-Y) PART OF LOT 22, CONCESSION 6
PLAN OF SUBDIVISION 18T-92021
(a)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 3855-96:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(b)
Notwithstanding the interior side yard provisions of Section 5D (g) (i) Residential
`R2B*' Zone of By-law # 1784, the following additional provisions shall apply to the
lands identified as the "Subject Property" on Schedule "A-1" annexed to By-law #
3855-96:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
`HR1A', `HR2A'* `HR2B*', AND `HR3B*' - HOLDING RESIDENTIAL ZONES
Repealed by By-law Amendment 6600-12
(11-Z) PART OF LOT 20, CONCESSION 1
PLAN OF SUBDIVISION 18T-93023
(a)
`H-R2B*', `H-R2C*', `H-R3B*', AND `H-R4A*' - HOLDING RESIDENTIAL ZONES
(i)
Repealed by By-law Amendment 6600-12
(3842-96)
(3855-96)
(3859-96)
(6600-12)
(6600-12)
By-law 1784
Section 12-398
(ii)
Repealed by By-law Amendment 6600-12
(iii)
Repealed by By-law Amendment 6600-12
(iv)
Notwithstanding Sections 5D, 5E, 5H and 5I of By-law # 1784, as amended,
each residential dwelling unit shall be setback a minimum of 30 m from the
limit of any railway right-of-way.
(12-A) PART OF LOT 20, CONCESSION 1
PLAN OF SUBDIVISION 18T-89085
(a)
'H-R2B*', `H-R3A*', `H-R3B*' AND `H-R4A*' - HOLDING RESIDENTIAL ZONES
(i)
Repealed by By-law Amendment 6600-12
(ii)
Repealed by By-law Amendment 6600-12
(iii)
Repealed by By-law Amendment 6600-12
(iv)
Notwithstanding Sections 5D, 5G, 5H and 5I of By-law # 1784, as amended,
each residential dwelling unit shall be setback a minimum of 30 m from the
limit of any railway right-of-way.
(12-B) PART OF LOTS 19 & 20, CONCESSION 1
PLAN OF SUBDIVISION 18T-93022
(a)
`H-R2B*', `H-R2C*', `H-R3A*', `H-R3B*' AND `H-R4B*' - HOLDING RESIDENTIAL
ZONES
(i)
Repealed by By-law Amendment 6600-12
(ii)
Repealed by By-law Amendment 6600-12
(iii)
Repealed by By-law Amendment 6600-12
(iv)
Notwithstanding Sections 5D, 5E, 5G, 5H and 5J of By-law # 1784, as
amended, each residential dwelling unit shall be setback a minimum of 30 m
from the limit of any railway right-of-way.
(12-C) PART OF LOT 21, CONCESSION 8
8880 BALDWIN STREET NORTH
Repealed by By-law Amendment 6600-12
(12-D) PART OF LOTS 29 AND 30, CONCESSION 3
SUBDIVISION 18T-90044
(a)
Notwithstanding the lot coverage provisions of Section 5D (ii),(d), Residential R2B*
Zone, Section 5E(ii),(d), Residential R2C* Zone and Section 5H(ii), (d), Residential
R3B* Zone of By-law # 1784, the following shall be permitted on the lands identified
as the "Subject Property" on Schedule "A-1" and Schedule "A-2" annexed to By-law #
3877-96:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit.
(ii)
notwithstanding the interior side yard provisions of Section 5D (g) (i)
Residential `R2B*' Zone of By-law # 1784, the following additional provisions
shall apply to the lands identified as the "Subject Property" on Schedule "A-
1" and Schedule "A-2" annexed to By-law # 3877-96:
(3860-96)
(3861-96)
(3864-96)
(3877-96)
(6600-12)
(6600-12)
(6600-12)
(6600-12)
(6600-12)
(6600-12)
By-law 1784
Section 12-399
(a)
Where a detached garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the
interior side yard shall be as follows:
-
on the interior side yard containing the drive-way
to the detached garage
3.1 m
-
on the other side
0.6 m
(b)
provided, however, that the exterior wall of the building set at the
minimum setback of 0.6 m is setback a minimum of 1.6 m from the
dwelling unit on the abutting lot.
(iii)
Notwithstanding the location provisions for accessory buildings or structures
of Section 4(y)(b) of By-law # 1784, the following provisions shall apply to
corner units of lots zoned R3B* identified as the "Subject Property on
Schedule "A-1" and Schedule "A-2" annexed to By-law # 3877-96.
(a)
Where a detached garage is provided in the rear yard,
the minimum interior side yard setback for the
detached garage shall be
0.6 m
(b)
Notwithstanding the lot coverage provisions of Section 5D (ii)(d) Residential R2B*,
Section 5E(ii)(d) Residential R2C* Zone and Section 5H(ii) (d) Residential R3B* Zone
of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" and Schedule "A-2" annexed to By-law # 3877-
96:
(i)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot zoned R2B*, an unenclosed porch or
verandah up to a maximum floor area of 12 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front yard area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot;
(c)
in the case of lots zoned R2C* and R3B*, an unenclosed porch or
verandah as described in Subsection (b) will only be permitted on
corner lots and corner units.
(12-E) PART OF LOT 20, BROKEN FRONT CONCESSION
1650 VICTORIA STREET EAST
In addition to the permitted non-residential uses listed in Section 7F(i)(a) of this By-law, an
accessory office up to a maximum of 10% of the gross floor area of the retail warehouse unit or
to a maximum of 275 m2 located within the retail warehouse unit, whichever is the lesser, shall
be permitted on the lands identified as the "Subject Property" on Schedule "A-1" annexed to
By-law # 3896-96.
(12-F) PART OF LOT 26, CONCESSION 3
PLAN OF SUBDIVISION 18T-95031
Repealed by By-law Amendment 6600-12
(3896-96)
(6776-13)
(3914-96)
(6600-12)
By-law 1784
Section 12-400
(12-G) PART OF LOTS 21, CONCESSION 3
PLAN OF SUBDIVISION 18T-90014
(a)
`H-R2B*', `H-R2C*', `H-R3A*', AND `H-R3B*' - HOLDING RESIDENTIAL ZONES
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential `R2B*'
Zone of By-law # 1784, the following shall be permitted on the lands identified as
`HR2B*' on Schedule "A-1" annexed to By-law # 3952-97:
(ii)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(iii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(c)
Notwithstanding the interior side yard provisions of Section 5D (g) (i) Residential
`R2B*' Zone of By-law # 1784, the following additional provisions shall apply to the
lands identified as `HR2B*' on Schedule "A-1" annexed to By-law # 3952-97:
(i)
where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(12-H) PART OF LOT 18, CONCESSION 3
PLAN OF SUBDIVISION 18T-86050
(a)
Notwithstanding the lot coverage provisions of Section 5D(d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 3966-97:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(3952-97)
(3966-97)
(6600-12)
By-law 1784
Section 12-401
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(b)
Notwithstanding the interior side yard provisions of Section 5D (g)(i) Residential
`R2B*' Zone of By-law # 1784, the following additional provisions shall apply to the
lands identified as the "Subject Property" on Schedule "A-1" annexed to By-law #
3966-97:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d), Residential `R2C*'
Zone of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 3966-97;
(i)
a detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(d)
Notwithstanding the interior side yard provisions of Section 5E (g) Residential `R2C*'
Zone of By-law # 1784, the following additional provisions shall apply to the lands
identified as the "Subject Property" on Schedule "A-1" annexed to By-law # 3966-97:
(i)
Where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
By-law 1784
Section 12-402
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(12-I)
PART OF LOT 21, CONCESSION 6
PART OF PLAN OF SUBDIVISION (18T-89099)
Repealed by By-Law Amendment 4972-02
(12-J) SOUTHWEST CORNER OF THICKSON ROAD AND CONLIN ROAD
725 CONLIN ROAD
(a)
Notwithstanding the permitted uses of Section 8A(1)(b) of By-law # 1784, as
amended, for the lands identified as the "Subject Property" as shown on Schedule "A-
1" annexed to By-law # 4008-97, the following uses shall not be permitted:
-
bank or financial institution
-
restaurant
(b)
Notwithstanding the permitted uses in Section 8A(1)(b) of By-law # 1784, as
amended, for the lands identified as the "Subject Property" as shown on Schedule "A-
1" annexed to By-law # 4008-97, the following additional uses shall be permitted:
-
fraternal organization or athletic club
-
laboratory
(c)
The zone provisions for an "M1A" Zone category shall apply to the uses found in
paragraph (b) above.
(12-K) PART OF LOT 21, CONCESSION 3
PLAN OF SUBDIVISION 18T-89076
(a)
`H-R2B*', `H-R2C*', AND `H-R3A*', - HOLDING RESIDENTIAL ZONES
Repealed by By-law Amendment 6058-08
(b)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential `R2B*'
Zone of By-law # 1784, as amended, the following shall be permitted on the lands
identified as `HR2B*' on Schedule "A-1" annexed to By-law # 4007-97:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(c)
Notwithstanding the interior side yard provisions of Section 5D (g) (i) Residential
`R2B*' Zone of By-law # 1784, as amended, the following additional provisions shall
(3987-97)
(4008-97)
(4007-97)
(4972-02)
(6058-08)
By-law 1784
Section 12-403
apply to the lands identified as `HR2B*' on Schedule "A-1" annexed to By-law # 4007-
97:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the driveway to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(12-L) PART OF LOT 22, CONCESSION 3
PLAN OF SUBDIVISION 18T-84047
(a)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential `R2B*'
zone of By-law # 1784, as amended, the following shall be permitted on the lands
identified as `R2B*' on Schedule "A-1" annexed to By-law # 4004-97:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(b)
Notwithstanding the interior side yard provisions of Section 5D (g) (i) Residential
`R2B*' Zone of By-law # 1784, as amended, the following additional provisions shall
apply to the lands identified as `R2B*' on Schedule "A-1" annexed to By-law # 4004-
97:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(4004-97)
By-law 1784
Section 12-404
(12-M) PART OF LOT 22, CONCESSION 3
PLAN OF SUBDIVISION 18T-88028
Repealed by By-law Amendment 7143-16
(12-N) PART OF LOT 18, CONCESSION 1
LANDS ABUTTING PLAN OF SUBDIVISION 18T-93015
Notwithstanding the definition of exterior side yard in Section 2 of this By-law, the street within
plan of subdivision 18T-93015 shall not be deemed to be a public street for the purposes of
determining the side yard requirements for properties abutting said street, which also abut
Powell Road.
(12-O) PART OF LOT 22, CONCESSION 1
1511 HOPKINS STREET
(a)
In addition to the permitted non-residential uses listed in Section 8A(i)(b) of this By-
law, the outside storage and display of contracting equipment, sale of new and used
contracting equipment, part sales and the service of the same shall be permitted to
the lands identified as the "Subject Property" on Schedule "A-1" annexed to By-law #
4029-97.
(b)
Notwithstanding the zone provisions of Section 8A(ii) of By-law # 1784, the outside
storage and display of contracting equipment shall be set back a minimum of 10.0 m
from any public road or 0.3 m reserve.
(12-P) PART OF LOT 29, CONCESSION 3
PLAN OF SUBDIVISION 18T-88070
(a)
Notwithstanding the lot coverage provisions of Section 5D(d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 4034-97:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(b)
Notwithstanding the interior side yard provisions of Section 5D (g)(i) Residential
`R2B*' Zone of By-law # 1784, the following additional provisions shall apply to the
lands identified as the "Subject Property" on Schedule "A-1" annexed to By-law #
4034-97:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
(4006-97)
(4022-97)
(4029-97)
(4034-97)
(7143-16)
By-law 1784
Section 12-405
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d), Residential `R2C*'
Zone of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 4034-97;
(i)
a detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(d)
Notwithstanding the interior side yard provisions of Section 5E (g) Residential `R2C*'
Zone of By-law # 1784, the following additional provisions shall apply to the lands
identified as the "Subject Property" on Schedule "A-1" annexed to By-law # 4034-97:
(i)
Where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(12-Q) PART OF LOT 27, CONCESSION 3
PLAN OF SUBDIVISION 18T-89062
Repealed by By-law Amendment 6600-12
(12-R) PART OF LOT 18, CONCESSION 4
989 CONLIN ROAD
(a)
No person shall use any lot or erect or alter or use any building or structure in any `H-
M1' Zone as shown on Schedule "A-1" annexed to By-law # 4076-97 except in
accordance with the following uses and zone provisions:
`H-M1' - Holding Restricted Industrial
(i)
Repealed by By-law Amendment 6600-12
(4074-97)
(4076-97)
(6600-12)
(6600-12)
By-law 1784
Section 12-406
(ii)
Repealed by By-law Amendment 6600-12
(iii)
USES PERMITTED AND ZONE PROVISIONS
The permitted uses and zone provisions found in an "M1" Zone category of
By-law 1784, as amended, shall apply to the lands identified on Schedule
"A-1" annexed to By-law # 4076-97.
(iv)
Notwithstanding the above, the following additional zone provision shall
apply:
Any building or structure erected on the lands in an M1 Zone which is used
for a manufacturing purpose shall have a minimum set back of 30 m from
any residential use.
(12-S) PART OF LOTS 19 AND 20, CONCESSION 5
5515 THICKSON ROAD NORTH
Temporary Use - Expired
(12-T) PARTS 2,3,4,5 AND 6, PLAN 40R-17989
SOUTHEAST CORNER OF CORONATION ROAD AND STEVENS ROAD
Repealed and Relocated to Section 5(f) by By-law Amendment 6600-12
(12-U) PART OF LOT 21, CONCESSION 6
PLAN OF SUBDIVISION 18T-89099
(a)
"R4A*" - RESIDENTIAL ZONE
The following uses and zone provisions shall apply to the lands designated "R4A*" as
shown on Schedule "A-1" annexed to By-Law # 4151-98.
(i)
USES PERMITTED
-
Apartment Dwelling
-
Block Townhouse Dwelling
-
Semi-Detached Duplex Dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
30 m
(b)
LOT AREA
minimum
0.4 ha
(c)
LOT DEPTH
minimum
30 m
(d)
LOT COVERAGE
Apartment Dwelling Maximum
35%
Block Townhouse or Semi-Detached Duplex
Maximum
40%
(e)
MAXIMUM NUMBER OF RESIDENTIAL UNITS
48 units /ha
(4089-97)
(4119-98)
(4151-98)
(6600-12)
(6600-12)
By-law 1784
Section 12-407
(f)
YARDS
(i)
FRONT YARD
minimum setback to any building or structure
3.5 m
maximum setback
5.0 m
(ii) REAR YARD
Minimum to a residential dwelling unit
10.0 m
Minimum to an accessory structure
1.0 m
(iii) INTERIOR SIDE YARD
minimum
5.0 m
(iv) EXTERIOR SIDE YARD
minimum
5.0 m
the minimum exterior side yard setback distance
to any portion of a site triangle shall be
3.5 m
(v) BUILDING SEPARATION DISTANCES
Wall containing
Window of:
Living
Room
Habitable
Room
Blank
Wall
Living Room
Habitable Room
Blank Wall
15 m
13.5 m
7.5 m
13.5 m
8.0 m
4.5 m
7.5 m
4.5 m
1.5 m
(g)
HEIGHT
Maximum
9.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
30% of the lot area
(i)
INTERNAL ROADWAY
(i)
The minimum width of an internal roadway shall
be
8.5 m
(ii) The minimum distance from an internal roadway
to the nearest portion of a residential dwelling
unit shall be
3.0 m
(j)
PRIVATE AMENITY SPACE
Apartment
Semi-Detached Duplex
Minimum
9.0 m2/unit
Block Townhouse minimum
6.0 m times width of unit
(k)
PARKING
The minimum number of parking spaces shall be in accordance
with Section 4(n) of By-law # 1784
(l)
The front yard for the purpose of this subsection shall be measured
from the Carnwith Street street line.
By-law 1784
Section 12-408
(12-V) PART OF LOTS 21 AND 22, CONCESSION 6
PLAN OF SUBDIVISION 18T-89099
(a)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands so marked R2B* on
Schedule "A-1" annexed to By-law # 4141-98:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(b)
Notwithstanding the interior side yard provisions of Section 5D (g) (i) Residential
"R2B*" Zone of By-law # 1784, the following additional provisions shall apply to the
lands marked R2B* on Schedule "A-1" annexed to By-law # 4141-98:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(12-W) PART OF LOT 33, CONCESSION 4
4840 CORONATION ROAD
(a)
In addition to the permitted residential uses listed in Section 11(a)(i) of this By-law,
the following use shall be permitted on the lands zoned "A" Agricultural:
-
one single detached dwelling unrelated to farming provided the dwelling is
contained on a lot held under distinct and separate ownership as a lot of record
as of December 31, 1997.
(b)
Notwithstanding the zone provisions set out in Schedule "A" of By-law # 1784,
-
the minimum lot area requirement shall be 3.0 ha;
-
the minimum lot frontage requirement shall be 50 m; and,
-
the frontage shall be measured along the Coronation Road streetline within the
Greenbelt Zone.
(4141-98)
(4153-98)
By-law 1784
Section 12-409
(12-X) BLOCK 62, PLAN 40M-1743
TIMBER MILL AVENUE
Repealed by By-law Amendment 6600-12
(12-Y) PART OF LOT 27, CONCESSION 3
PLAN OF SUBDIVISION 18T-90006
Repealed by By-law Amendment 6684-12
(13-A) 1909 DUNDAS STREET EAST
Repealed and relocated to 7G by By-law Amendment 5956-07
(13-B) PART OF LOTS 21 & 22, CONCESSION 5
PLAN OF SUBDIVISION, 18T-94010
(a)
Notwithstanding the lot coverage provisions of Section 5D(d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 4186-98:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(b)
Notwithstanding the interior side yard provisions of Section 5D (g)(i) Residential
`R2B*' Zone of By-law # 1784, the following additional provisions shall apply to the
lands identified as the "Subject Property" on Schedule "A-1" annexed to By-law #
4186-98:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the driveway to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(4154-98)
(4168-98)
(4183-98)
(4186-98)
(6600-12)
(6684-12)
(5956-07)
By-law 1784
Section 12-410
(c)
Notwithstanding the lot coverage provisions of Section 5E (d), Residential `R2C*'
Zone of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 4186-98:
(i)
a detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(d)
Notwithstanding the interior side yard provisions of Section 5E (g) Residential `R2C*'
Zone of By-law # 1784, the following additional provisions shall apply to the lands
identified as the "Subject Property" on Schedule "A-1" annexed to By-law # 4186-98:
(i)
Where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(13-C) PARTS 2, 3 AND 4, PLAN 40R -17943
70 & 72 WINCHESTER ROAD EAST
(a)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands so marked R2B* on
Schedule "A-1" annexed to By-law # 4209-98:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(4209-98)
By-law 1784
Section 12-411
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(b)
Notwithstanding the interior side yard provisions of Section 5D (g) (i) Residential
"R2B*" Zone of By-law # 1784, the following additional provisions shall apply to the
lands marked R2B* on Schedule "A-1" annexed to By-law # 4209-98:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the driveway to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at
the minimum setback of 0.6 m is setback a minimum of 1.6 m
from the dwelling unit on the abutting lot.
(13-D) PART OF LOT 22, CONCESSION 6, SUBDIVISION 18T-89099
SOUTHEAST CORNER of BALDWIN STREET NORTH AND CARNWITH STREET EAST
(a)
R4A* - RESIDENTIAL ZONE
The following uses and zone provisions shall apply to the lands designated "R4A*" as
shown on Schedule "A-1" annexed to By-Law # 4204-98:
(i)
USES PERMITTED
-
apartment dwelling
-
block townhouse dwelling
-
semi-detached duplex dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
30 m
(b)
LOT AREA
Minimum
0.4 ha
(c)
LOT DEPTH
Minimum
30 m
(d)
LOT COVERAGE
Apartment Dwelling Maximum
35%
Block Townhouse or Semi-Detached
Duplex Maximum
40%
(e)
Maximum number of residential units
48 units/ha
(4204-98)
By-law 1784
Section 12-412
(f)
YARDS
(i)
Front Yard minimum setback to any building or
structure
3.5 m
maximum setback
5.0 m
(ii) Rear Yard to a residential dwelling unit minimum
10.0 m
to an accessory structure minimum
1.0 m
(iii) Side Yard - Interior minimum
5.0 m
and to an accessory structure
1.0 m
(iv) Side Yard - Exterior minimum
5.0 m
except where adjacent to any portion of a site
triangle the minimum distance shall be
3.5 m
(v) Building Separation Distances
Wall containing
Window of:
Living
Room
Habitable
Room other
than a living
room
End Wall
Contains no
habitable room
window
Living Room
15 m
13.5 m
7.5 m
Habitable Room
other than a living
room
13.5 m
8.0 m
4.5 m
End Wall
containing no
habitable room
windows
7.5 m
4.5 m
1.5 m
(g)
HEIGHT
Maximum
9.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
30% of the lot area
(i)
INTERNAL ROADWAY
(i)
The minimum width of an internal road-way shall
be
8.5 m
(ii) The minimum distance from an internal roadway
to the nearest portion of a residential dwelling
unit shall be
3.0 m
(j)
PRIVATE AMENITY SPACE
Apartment
Semi-Detached Duplex mini-mum
9.0 m2/unit
Block Townhouse minimum
6.0 m times width of unit
By-law 1784
Section 12-413
(k)
PARKING
The minimum number of parking spaces shall be in accordance
with Section 4(n) of By-law # 1784
(l)
The front yard for the purpose of this subsection shall be measured
from the Carnwith Street streetline.
(13-E) 725 TAUNTON ROAD EAST, PART OF LOT 20, CONCESSION 3
Temporary Use - Expired
(13-F) PART OF LOTS 21 AND 22, CONCESSION 6
SUBDIVISION 18T-97024
(a)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential R2B*
Zone of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law #4212-98;
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(c)
notwithstanding the interior side yard provisions of Section 5D (g)
(i) Residential "R2B*" Zone of By-law # 1784, the following
additional provisions shall apply to the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 4212-
98:
(i)
Where a detached garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of
the interior side yard shall be as follows:
-
on the interior side yard containing the
driveway to the detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at
the minimum setback of 0.6 m is setback a minimum of 1.6 m
from the dwelling unit on the abutting lot.
(4214-98)
(4212-98)
By-law 1784
Section 12-414
(13-G) PART OF LOT 26, CONCESSION 6
PLAN OF SUBDIVISION, 18T-96007
(a)
`H-R2A*', `H-R2B*', `H-R2C*', `H-R3B*', `H-R4A*', `H-R4B*' - HOLDING
RESIDENTIAL ZONES
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5C(d), Residential R2A* Zone
of By-law # 1784, the following shall be permitted on the lands identified as `R2A*' on
Schedule "A-1" annexed to By-law # 4213-98:
(i)
detached garage having a maximum area of 42 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit.
(c)
Notwithstanding the lot coverage provisions of Section 5C(d), Residential `R2A*' Zone
of By-law # 1784, the following shall apply to the lands identified as `Subject Property'
on Schedule "A-2" annexed to By-law # 4213-98:
(i)
Maximum lot coverage for a one storey dwelling unit backing
onto Ferguson Avenue
45%
(d)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
annexed to By-law # 4213-98:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at
the minimum setback of 0.6 m is setback a minimum of 1.6 m
from the dwelling unit on the abutting lot.
(4213-98)
(6600-12)
By-law 1784
Section 12-415
(e)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E(g), Residential `R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as "R2C*" on Schedule "A-1"
annexed to By-law # 4213-98;
(i)
a detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at
the minimum setback of 0.6 m is setback a minimum of 1.6 m
from the dwelling unit on the abutting lot.
(13-I)
PART OF LOT 28, CONCESSION 3
PLAN OF SUBDIVISION, 18T-900253717 COCHRANE STREET
Repealed by By-law Amendment 6600-12
(13-J) PART OF LOT 24, CONCESSION 3
3975 GARDEN STREET
Repealed and relocated to Section 6 by By-law 6600-12
(13-K) `PART OF LOTS 21 & 22, CONCESSION 5
PLAN OF SUBDIVISION, 18T-94010
(a)
Notwithstanding the lot coverage provisions of Section 5E (d), Residential 'R2C*'
Zone of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule "A-1" annexed to By-law # 4263-98:
(i)
a detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(4231-98)
(4229-98)
(4263-98)
(6600-12)
(6600-12)
By-law 1784
Section 12-416
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(b)
Notwithstanding the interior side yard provisions of Section 5E (g) Residential 'R2C*'
Zone of By-law # 1784, the following additional provisions shall apply to the lands
identified as the "Subject Property" on Schedule "A-1" annexed to By-law # 4263-98:
(i)
Where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(13-L) PART OF LOT 33, CONCESSION 5
PART 1 ON PLAN 40R-18332
5500 CORONATION ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, a single detached
dwelling shall be permitted as a retirement residence on property identified as the
"Subject Property" on Schedule A-1 attached to By-law # 4608-00.
(b)
The "A" Residential (other than farming) zone provisions of Schedule "A" to By-law
# 1784 and the general provisions of Section 4 of By-law # 1784 shall apply to any
development on the "Subject Property" pursuant to Subsection (a) above.
(c)
The aforesaid non-farm residential use shall be serviced with a drilled well and a
waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time as administered by the Durham Region
Medical Officer of Health and the Corporation of the Town of Whitby.
(13-M) PART OF LOT 21, CONCESSION 6
PLAN OF SUBDIVISION 18T-89099
KNOX CRESCENT
(a)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands so marked R2B* on
Schedule "A-1" annexed to By-law # 4298-98:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(4280-98)
(4608-00)
(4288-98)
By-law 1784
Section 12-417
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(b)
Notwithstanding the interior side yard provisions of Section 5D (g) (i) Residential
"R2B*" Zone of By-law # 1784, the following additional provisions shall apply to the
lands marked R2B* on Schedule "A-1" annexed to By-law # 4288-98:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(13-N) 737 ANDERSON STREET
(1)
Notwithstanding the uses permitted in an R2A* Residential Zone, the additional use of
a senior's home care facility shall be permitted on the lands identified as the "Subject
Property" on Schedule A-1 annexed to By-law # 4298-98.
(2)
Notwithstanding the zone provisions of Section 5C of By-law # 1784, the following
provisions shall apply to a seniors home care facility:
(i)
GROSS FLOOR AREA
Maximum
375 m2
(ii)
PARKING
Minimum
0.60 parking spaces per bedroom
(3)
DEFINITIONS
Notwithstanding Section 2 (Definitions) of By-law # 1784, the following definition shall
apply to the subject property.
"SENIORS HOME CARE FACILITY" means a building or a portion of a building used
for the purpose of a supervised lodging house residence for the respite care of senior
citizens accommodating up to a maximum of eight (8) guest tenants and one (1)
supervisor's residence.
(4298-98)
By-law 1784
Section 12-418
(13-O) PART OF LOT 18, CONCESSION 3
935 AND 945 TAUNTON ROAD EAST
(a)
No person shall use any lot or erect or alter or use any building or structure in any "H-
C2-S" Zone as shown on Schedule A-1 annexed to By-law # 4320-99 except in
accordance with the following uses and zone provisions:
"H-C2-S" - HOLDING - SPECIAL PURPOSE COMMERCIAL
(i)
No person shall use any lot or erect or alter or use any building or structure
in any "H-C2-S" Zone as shown on Schedule A-1 annexed to By-law # 4320-
99 except in accordance with the following uses:
-
bush or berry crop
-
field crop
(ii)
A by-law shall not be enacted to delete the "H" symbol until such time as it
has been demonstrated to the satisfaction of the Town of Whitby that
municipal services are available to the site for the development of the
subject property.
(iii)
USES PERMITTED AND ZONE PROVISIONS
The permitted uses and zone provisions found in a "C2-S" Zone category of
By-law # 1784, as amended, shall apply to the lands identified on Schedule
A-1 annexed to By-law # 4320-99.
(13-P) PART OF LOT 26, CONCESSION 6
PLAN OF SUBDIVISION, 18T-96007
(a)
`H-R2A*', `H-R2B*', `H-R2C*',`H-R3B*', `H-R4A*', `H-R4B*' - HOLDING
RESIDENTIAL ZONES
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5C(d), Residential R2A* Zone
of By-law # 1784, the following shall be permitted on the lands identified as `R2A*' on
Schedule "A-1" annexed to By-law # 4341-99:
(i)
detached garage having a maximum area of 42 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit.
(c)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
annexed to By-law # 4341-99:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
(4320-99)
(4341-99)
(6600-12)
By-law 1784
Section 12-419
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(d)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E(g), Residential `R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4341-99;
(i)
a detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the driveway to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
By-law 1784
Section 12-420
(13-Q) PART OF LOT 19, CONCESSION 8
285 HAMERS ROAD
(a)
Notwithstanding the provisions of Section 11(a) of By-law # 1784, a single detached
dwelling shall be permitted as a retirement residence in accordance with Section
12.3.13 of the Official Plan of the Region of Durham for the lands identified as the
"Subject Property" on Schedule A-1 attached to By-law # 4350-99.
(b)
The "A" Residential (other than farming) zone provisions of Schedule "A" to By-law #
1784 and the general provisions of Section 4 of By-law # 1784 shall apply to any
development on the "Subject Property" pursuant to Subsection (a) above.
(c)
The aforesaid non-farm residential use shall be serviced with a private well and a
waste disposal system which comply with the standards of the Ministry of the
Environment as amended from time to time as administered by the Medical Officer of
Health or otherwise.
(13-R) LOTS 51 TO 63 INCLUSIVE, PLAN 40M-1917
MATTHEWSON PLACE
(a)
Notwithstanding the front yard minimum depth for the detached garage provision of
Section 5F Residential R2D* Zone of By-law # 1784, the following shall be permitted
on the lands identified as the "Subject Property" on Schedule A-1 annexed to By-law
# 4351-99.
(i)
An attached garage or carport, the entrance to which is from the
front yard shall be set back a minimum distance from the front
lot line of
5.5 m
(13-S) 6560 BALDWIN STREET NORTH
Repealed by By-law Amendment 6600-12
(13-T) 1549 DUNDAS STREET EAST
Replaced by Section 12(17-A) By-law 5152-02
(13-U) 205 TAUNTON ROAD WEST
(a)
No person shall use any lot or erect, or alter or use any building or structure in any
R3A-1 or R5A-6 Zone except in accordance with the following uses and zone
provisions:
(i)
USES PERMITTED
In a Residential R3A-1 Zone
-
block linked dwelling houses
In a Residential R5A-6 Zone
-
church
-
multi-unit dwelling houses
-
religious education centre
-
retirement home
(4350-99)
(4351-99)
(4378-99)
(4380-99)
(4379-99)
(6600-12)
(6600-12)
(5152-02)
By-law 1784
Section 12-421
(ii)
ZONE PROVISIONS
(a)
SEPARATION DISTANCES
Within a R3A-1 Zone
(i)
The minimum distance between the rear wall of
a Block Linked Dwelling House and any side
lot line, zone line or the front lot line shall be
7.5 m
(ii)
The minimum distance between the rear wall of
a Block Linked Dwelling House and any lot line
parallel to the front lot line shall be
10.0 m
(iii)
The minimum distance between a front or rear
wall of a Block Linked Dwelling House and a
parallel front or rear wall of another Block
Linked Dwelling House shall be
15 m
(iv)
The minimum distance between an end wall of
a Block Linked Dwelling House and a parallel
front or rear wall of another Block Linked
Dwelling House shall be
9.0 m
(v)
The minimum distance between an internal
roadway and a garage shall be
5.5 m
(vi)
The minimum distance between end walls of
Block Linked Dwelling Houses shall be 3.0 m,
except where the walls of the Block Linked
Dwelling Houses are not parallel, in which case
it shall be
2.0 m
(vii)
The minimum distance between any end wall
of a Block Linked Dwelling House and an
internal roadway or zone line shall be
3.5 m
Within a R5A-6 Zone:
(i)
The minimum distance between any buildings
in the R5A-6 Zone shall be 15 m, provided
however, that one level corridors linking
buildings shall be permitted.
(ii)
The minimum distance between the end wall of
a Multi-Unit Dwelling House and an internal
roadway shall be
3.5 m
(b)
LOT COVERAGE
Maximum
For all structures located in an R3A-1 Zone
40%
For all structures located in an R5A-6 Zone
50%
(c)
LANDSCAPED OPEN SPACE
Minimum
In an R3A-1 Zone
40%
In an R5A-6 Zone
35%
By-law 1784
Section 12-422
(d)
HEIGHT OF BUILDINGS
Maximum
Within an R3A-1 Zone5
5 m
Within an R5A-6 Zone
4 storeys not to exceed 15 m
(e)
NUMBER OF DWELLING UNITS
Maximum
Within the R3A-1 Zone
83 units
Within the R5A-6 Zone
170 units
(f)
PARKING
Within an R3A-1 Zone
In accordance with Section 4(n) of By-law # 1784
Within an R5A-6 Zone
The provisions of Section 4(n) of By-law # 1784
shall not apply to any development referred to in an
R5A-6 Zone as shown on Schedule A-1 annexed to
By-law # 4379-99, wherein the following provisions
shall apply:
Multi-Unit Dwelling Houses and Dwelling
Units Within the Religious Education
Centre
1.25 parking spaces
per welling unit of which
0.25 paces per dwelling
unit hall be designated for
visitor use.
Retirement Home
Minimum
22 spaces
Church
Minimum
49 spaces
(b)
ADDITIONAL SETBACK
Notwithstanding any other provision of this By-law, no building, structure or parking
area shall be permitted west of the Line of Building Limit shown on the plan of survey
annexed to By-law # 4379-99 as Schedule A-2.
(c)
GREENBELT ZONE
The precise boundaries of the Greenbelt Zone as shown on Schedule A-1 annexed to
By-law # 4379-99 shall be as shown on Schedule A-2 annexed to By-law # 4379-99.
(d)
For the purposes of the interpretation of the various zone provisions set forth in By-
law # 4379-99, the definitions set forth hereunder shall apply and where there is a
conflict between the definitions set forth hereunder and those set forth in Section 2 of
By-law # 1784, the definitions hereinafter set forth shall govern:
"BLOCK LINKED DWELLING HOUSE" means a building or group of buildings, each
containing not more than 8 linked dwelling units and a minimum of 3 linked dwelling
units, each of which:
By-law 1784
Section 12-423
(a)
has a separate front and rear entrance or separate front and side entrance;
(b)
is attached to another linked dwelling unit by either common party wall
above grade, or private garage, or a privacy fence, or wall.
"MULTI-UNIT DWELLING HOUSE" means a building, whether linked to another
Multi-Unit Dwelling House or not, containing a minimum of 4 dwelling units, not
exceeding four storeys in height with one or more common entrances and which may
contain ancillary personal service establishment and retail store uses serving the
residents of the building and any linked building, provided the principal means of
access is through an internal corridor or hallway and provided that the total floor
space of any ancillary personal service establishment and retail store uses on the lot
does not exceed 1.0 m2 for each dwelling unit permitted on the lot. Ancillary personal
service establishment and retail store uses shall not be located above the ground
floor.
"RETIREMENT HOME" means a building in which the proprietor supplies lodging,
with or without meals, primarily for persons 65 years of age or older, and in addition,
may provide nursing, medical or similar care or treatment if required and includes a
long term care facility. A Retirement Home may contain ancillary personal service
establishment and retail store uses serving the residents of the building and any
linked building, provided the principal means of access is through an internal corridor
or hallway and provided that the total floor space of any ancillary personal service
establishment and retail store uses on the lot does not exceed 1.0 m2 for each
dwelling unit permitted on the lot. Ancillary personal service establishment and retail
store uses shall not be located above the ground floor.
"RELIGIOUS EDUCATION CENTRE" means a centre under the jurisdiction of a
religious organization used for the education and training of students and the
advancement of religion in which lodging with or without meals may be provided and
contains offices of the religious organization.
"CHURCH" means a building dedicated to religious worship and may include a
church hall, church auditorium, Sunday School, convent, monastery, accessory office
uses, day care centre or parish hall.
"LOT" means the land shown on Schedule A-1 annexed to By-law # 4379-99 with the
front lot line designated as Valleywood Drive. Notwithstanding the obtaining of any
severance by way of a consent under the provisions of the Planning Act RSO 1990,
C.P. 13 as amended from time to time, the land shown on Schedule A-1 shall
continue to be one lot.
(13-V) PART OF LOT 27, CONCESSION 3
PLAN OF SUBDIVISION 18T-88053
Repealed by By-law Amendment 6600-12
(13-W) PART OF LOT 27, CONCESSION 3
PLAN OF SUBDIVISION 18T-93002
Repealed by By-law Amendment 6600-12
(13-X) SOUTHWEST CORNER OF VICTORIA STREET EAST AND HOPKINS STREET
SOUTH
Repealed by By-Law Amendment 5880-07
(6776-13)
(6776-13)
(6925-14)
(6776-13)
(4416-99)
(4417-99)
(4438-99)
(6600-12)
(6600-12)
(5880-07)
By-law 1784
Section 12-424
(13-Y) PART OF LOT 27, CONCESSION 3
3500 BROCK STREET NORTH
(a)
No person shall use any lot or erect or alter or use any building or structure in any
"C1" Zone shown as the Subject Property on Schedule "A-1" annexed to By-law #
4470-99 except in accordance with the following uses and zone provisions:
(i)
USES PERMITTED AND ZONE PROVISIONS
The permitted uses and zone provisions found in a "C1" Zone category of
By-law 1784, as amended, shall apply to the lands identified as the Subject
Property on Schedule "A-1" annexed to By-law # 4470-99.
(ii)
Notwithstanding the above, no drive-thru restaurants will be permitted on the
subject property as shown on Schedule "A-1" annexed to By-law # 4470-99.
(iii)
Notwithstanding the above, a minimum front yard setback of 5.0 m shall
apply on the lands identified as the Subject Property on Schedule "A-
1"annexed to By-law # 4470-99.
(13-Z) PART OF LOT 22, CONCESSION 6
PARTS 5 AND 6, PLAN 40R-1912
991 COLUMBUS ROAD EAST
Temporary Use - Expired
Repealed by By-law Amendment 6600-12
(14-A) LOTS 30 AND 31, PLAN 40M-1914
2 AND 4 TWIN STREAMS ROAD
Temporary Use - Expired
(14-B) PART OF LOT 18, CONCESSION 1
2000 CHAMPLAIN AVENUE
Repealed and relocated to section 8C by By-law Amendment 6600-12
(14-C) PART OF LOT 18, CONCESSION 3
GARRARD ROAD
Repealed by By-law Amendment 6600-12
(14-D) SOUTHEAST CORNER OF TAUNTON ROAD EAST AND ANDERSON STREET
3975 ANDERSON STREET
Repealed and relocated to section 5O by By-law Amendment 6600-12
(14-E) 1519 DUNDAS STREET EAST
(a)
Notwithstanding the uses permitted in Section 7(B)(1) GB Zone of By-law # 1784, the
following additional uses shall be permitted on the lands identified as the "Subject
Property" on Schedule A-1 attached to and forming part of By-law # 4610-00.
-
one retail store not exceeding 115 m2 within which an eating establishment may
be permitted, without seating, provided the floor area does not exceed 45 m2;
-
drive-thru window associated with the eating establishment provided the
automobile queue accommodates a minimum of 13 vehicles.
(4470-99)
(4481-99)
(4489-99)
(4528-99)
(4560-00)
(4590-00)
(4610-00)
(6600-12)
(6600-12)
(6600-12)
(6600-12)
By-law 1784
Section 12-425
(14-F) PART OF LOT 35, CONCESSION 3, SUBDIVISION 18T-93019.
R2C*/R4A* - RESIDENTIAL ZONE
(a)
Where the lands designated "R2C*/R4A*" as shown on Schedule "A-1" annexed to
By-law # 4208-98, are developed in accordance with the provisions of Section 5E,
Residential (R2C*) Zone, the following additional provisions shall apply:
(i)
a garage shall be set back a minimum distance
from the front lot line of
20 m
(ii)
INTERIOR SIDE YARD
Where a detached single car garage is provided in the rear yard, the
minimum width of the interior side yard shall be as follows:
- on the interior side yard containing the drive-way to the
detached garage
3.1 m
- on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot
(b)
Where the lands designated "R2C*/R4A" as shown on Schedule "A-1" annexed to By-
law # 4208-98, are not developed in accordance with the provisions of Section 5E,
Residential (R2C*) Zone, the following provisions shall apply:
(i)
USES PERMITTED
-
apartment dwelling
-
block townhouse dwelling
-
semi-detached duplex dwelling
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
Minimum
30 m
(b)
LOT AREA
Minimum
0.2 ha
(c)
LOT DEPTH
Minimum
35 m
(d)
LOT COVERAGE
Maximum
-
apartment dwelling
35%
-
block townhouse
40%
-
semi-detached duplex
40%
(e)
MAXIMUM NUMBER OF RESIDENTIAL UNITS
48 units /ha
(f)
YARDS
(i)
Front Yard minimum setback to any building or
structure
3.5 m
maximum setback
5.0 m
(4208-98)
By-law 1784
Section 12-426
(ii) Rear Yard minimum
to a residential dwelling unit
10.0 m
to an accessory structure
1.0 m
(iii) SIDE YARD - Interior
Minimum
5.0 m
to an accessory structure
1.0 m
(iv) SIDE YARD - Exterior minimum
5.0 m
except where adjacent to any portion of a site
triangle the minimum distance shall be
3.5 m
(v) BUILDING SEPARATION DISTANCES
Wall containing
Window of:
Living
Room
Habitable
Room other
than a living
room
End Wall
Contains no
habitable
room window
Living Room
15 m
13.5 m
7.5 m
Habitable Room other
than a living room
13.5 m
8.0 m
4.5 m
End Wall containing no
habitable room
windows
7.5 m
4.5 m
1.5 m
(g)
HEIGHT
Maximum
9.5 m
(h)
LANDSCAPED OPEN SPACE
Minimum
30% of the lot area
(i)
INTERNAL ROADWAY
(i)
the minimum width of an internal roadway shall
be
6.0 m
(ii) the minimum distance from an internal roadway
to the nearest portion of a residential dwelling
unit shall be
3.0 m
(j)
PRIVATE AMENITY SPACE
Minimum
-
apartment
9.0 m2/unit
-
semi-detached duplex
9.0 m2/unit
-
block townhouse
6.0m times width of unit
(k)
PARKING
The minimum number of parking spaces shall be in accordance
with Section 4(n) of By-law # 1784
(l)
The front yard for the purpose of this subsection shall be measured
from the adjacent designated collector road streetline.
By-law 1784
Section 12-427
"R5A" - Residential Zone
(c)
The following uses and zone provisions shall apply to the lands designated "R5A" as
shown on Schedule "A-1" annexed to By-law # 4208-98.
(i)
USES PERMITTED
-
apartment dwelling for a site building manager or supervisor
-
block townhouse
-
retirement home
-
street townhouse
(ii)
ZONE PROVISIONS:
-
apartment dwelling for a site building manager or supervisor
-
retirement home
(a)
LOT AREA
Minimum
0.50 ha
(b)
LOT COVERAGE
Maximum
35% of the lot area
(c)
FRONT YARD (east)
minimum Depth
5.0 m
(d)
REAR YARD (west)
minimum Depth
13.5 m
(e)
INTERIOR SIDE YARD (north)
minimum Depth
8.5 m
(f)
EXTERIOR SIDE YARD (south)
minimum Depth
5.0 m
(g)
LANDSCAPED OPEN SPACE
minimum
30% of the lot area
(h)
HEIGHT OF THE BUILDING
maximum
7 storeys
(i)
PARKING
Notwithstanding the parking provisions
of Section 4 (n) of By-law # 1784, the
following shall apply:
0.6 spaces for each
suite, with 0.2 spaces per
unit allocated and
assigned for visitor parking
(4932-01)
(4932-01)
By-law 1784
Section 12-428
(j)
PARKING LOCATION
Notwithstanding the parking provisions of Section 4 (n) of By-law #
1784, the following shall apply:
No parking area shall be located closer than 3.0 m from any lot line
and no more than 10% of the required parking may be permitted in
the front or exterior side yards and notwithstanding any yard
provision contained herein, an underground parking structure may
be located within 1.0 m of any property line provided the roof deck
or finished top level of the structure is no more than 0.5 m above
the finished grade.
No vehicular access to a parking lot shall be provided from a local
street.
(k)
NUMBER OF DWELLING UNITS
Maximum
127 units
(ii)
ZONE PROVISIONS
-
block townhouse
-
street townhouse
(a)
Where the lands designated "R5A" as shown on Schedule "A-1"
annexed to By-law 4208-98 are developed to include block
townhouse units, the provisions of Section "5I" of By-law # 1784
shall apply to the development of the block townhouses.
(b)
Where the lands designated "R5A" as shown on Schedule "A-1"
annexed to By-law 4208-98 are developed to include street
townhouse units, the provisions of Section "5K" of By-law 1784
shall apply to the development of the street townhouses.
(c)
Notwithstanding Section c) (ii) (j) above, the maximum number of
townhouse units of either or both block townhouse or street
townhouse permitted within any portion of the lands zoned "R5A"
as shown on Schedule "A-1" annexed to By-law 4208-98 shall be
14.
(d)
Street townhouse units shall only be permitted driveway access to
a local street.
"I/R4B" - INSTITUTIONAL/RESIDENTIAL ZONE
(a)
Where the lands designated "I/R4B" as shown on Schedule "A-1" annexed to By-law
4208-98 are developed for institutional uses, the provisions of Section "10B" of By-
law 1784 shall apply.
(b)
Where the lands designated "I/R4B" as shown on Schedule "A-1" annexed to By-law
4208-98 are developed for residential purposes, the provisions of Section "5K" of By-
law 1784 shall apply.
(c)
Notwithstanding the definition of street townhouse dwelling contained in Section 2 of
By-law 1784, the minimum number of dwelling units permitted on a lot or lots shall be
2.
By-law 1784
Section 12-429
(d)
Notwithstanding any provision to the contrary, where all or a portion of the lands
designated "I/R4B" as shown on Schedule "A-1" annexed to By-law 4208-98 are
developed in accordance with the provisions of Section "5K" of By-law 1784, the
minimum density of all such lands shall be 35 units per net hectare.
(14-G) PART OF LOTS 21 AND 22, CONCESSION 6
PLAN OF SUBDIVISION, 18T-89099
(a)
Notwithstanding the provisions of Section 5C(ii) of By-law # 1784 to the contrary, the
lands zoned `R2A*-A', as identified on Schedule A-1 attached to and forming part of
By-law # 4621-00, shall have the following exception:
(i)
all permanent buildings or structures shall be setback from the pipe line
right-of-way, as owned by Trans Canada Pipe Lines or any of its successors,
a minimum of 10.0 m from said right-of-way.
(b)
Notwithstanding the provisions of Section 5C(ii) of By-law # 1784 to the contrary, the
lands zoned `R2A*-B', as identified on Schedule A-1 attached to and forming part of
By-law # 4621-00, shall have the following exception:
(i)
all permanent buildings or structures shall be setback from the pipe line
right-of-way, as owned by Trans Canada Pipe Lines or any of its successors,
a minimum of 4.5 m from said right-of-way.
(c)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
attached to By-law # 4621-00:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(iii)
where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(4621-00)
By-law 1784
Section 12-430
(d)
Notwithstanding the provisions of Section 5D(ii) of By-law # 1784 to the contrary, the
lands zoned "R2B*-A", as identified on Schedule A-1 attached to and forming part of
By-law # 4621-00, shall have the following exception:
(i)
all permanent buildings or structures shall be setback from the pipe line
right-of-way, as owned by Trans Canada Pipe Lines or any of its successors,
a minimum of 10.0 m from said right-of-way.
(e)
Notwithstanding the provisions of Section 5H(ii) of By-law # 1784 to the contrary, the
lands zoned "R3B*-A", as identified on Schedule A-1 attached to and forming part of
By-law # 4621-00, shall have the following exception:
(i)
all permanent buildings or structures shall be setback from the pipe line
right-of-way, as owned by Trans Canada Pipe Lines or any of its successors,
a minimum of 10.0 m from said right-of-way.
(f)
Notwithstanding the provisions of Section 5H(ii) of By-law # 1784 to the contrary, the
lands zoned "R3B*-B", as identified on Schedule "A-1" attached to and forming part of
By-law # 4621-00, shall have the following exception:
(i)
all permanent buildings or structures shall be setback from the pipe line
right-of-way, as owned by Trans Canada Pipe Lines or any of its successors,
a minimum of 4.5 m from said right-of-way.
(14-H) PART OF LOTS 19 & 20, CONCESSION 6
PLAN OF SUBDIVISION 18T-97023
(a)
Repealed by By-law Amendment 6425-11
(c)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential 'R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2B*' on Schedule "A-1"
annexed to By-law # 4622-00:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(4622-00)
(6425-11)
By-law 1784
Section 12-431
(iii)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(d)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E(g), Residential 'R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4622-00;
(i)
detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(e)
Repealed by By-law Amendment 5956-07
(f)
Repealed by By-law Amendment 5956-07
(g)
Repealed by By-law Amendment 5956-07
(h)
Repealed by By-law Amendment 5956-07
(i)
Repealed by By-law Amendment 5956-07
(j)
Repealed by By-law Amendment 5956-07
(k)
Repealed by By-law Amendment 5956-07
(5956-07)
(5956-07)
5956-07)
5956-07)
(5956-07)
(5956-07)
(5956-07)
By-law 1784
Section 12-432
(14-I)
PART OF LOTS 19 AND 20, BROKEN FRONT CONCESSION
1602 STELLAR DRIVE
(a)
PRESTIGE INDUSTRIAL
(i)
Notwithstanding the permitted uses of Section 8A of By-law # 1784, as
amended, the following additional uses may be permitted on the lands zoned
'M1A' Prestige Industrial:
(a)
automobile complex of two or more new automobile sales
establishments;
(b)
adult training/education facility.
(ii)
Notwithstanding the permitted uses of Section 8A of By-law # 1784, as
amended, the use of a new single automobile sales dealership shall only be
permitted on the lands identified with hatching, as shown on Schedule "A-1"
annexed to By-law # 4644-00.
(iii)
ZONE PROVISIONS
PRESTIGE INDUSTRIAL USES
The zone provisions for any permitted industrial use shall be in accordance
with the zone provisions of the M1A Zone, Section 8A of By-law # 1784.
New Single Automobile Sales Dealership and Automobile Complex
(a)
LOT FRONTAGE
Minimum
60 m
however, in the case of an automobile complex, the
minimum lot frontage shall be
120 m
(b)
LOT AREA
Minimum per automobile sales establishment
0.8 ha
(c)
YARDS
Interior or Rear Yards
Minimum
7.5 m
Front Yard
Minimum
5.0 m
(d)
GROSS FLOOR AREA
Minimum for each automobile sales establishment
1000 m2
(e)
LOT COVERAGE
Maximum
35%
(f)
LANDSCAPED OPEN SPACE
Minimum
10%
(iv)
No person shall use any lot or erect or alter or use any building or structure in
any H-M1A Zone as shown on Schedule A-1 annexed to By-law # 4645-00
except in accordance with the following uses, namely:
-
bush or berry crop
-
orchard
(4645-00)
By-law 1784
Section 12-433
(v)
The holding zone symbol "H" prefixed to the aforementioned zone
designation shall be removed once the following matters have been satisfied
or fulfilled, namely:
(a)
it has been demonstrated to the satisfaction of the Town of Whitby
that the lands to be affected by the said by-law are serviced by
municipal water, sanitary sewer and storm sewer facilities and the
contributions for shared facilities have been made or the necessary
municipal agreement(s) are in place; and
(b)
that the operating standards for Champlain Avenue are acceptable
to the authority having jurisdiction.
(b)
Notwithstanding Section 2 (Definitions) of By-law # 1784, the following definitions
shall apply to the lands identified as "Subject Property" on Schedule "A-1" annexed to
By-law # 4644-00:
(i)
"NEW AUTOMOBILE SALES ESTABLISHMENT" means a building or part of
a building where new automobiles and trucks are kept for sale, including the
servicing of the same.
(ii)
"AUTOMOBILE DEALERSHIP COMPLEX" for the purpose of this By-law #
4644-00 shall be composed of a minimum of two (2) building sites on a lot for
the development and use of new automobile or motor vehicle sales
establishments.
(iii)
"ADULT TRAINING/EDUCATION FACILITY" means a building or structure or
portion thereof in which instruction and training is provided to adult pupils in
academic, management and technical subjects such as, and not limited to,
electronics, architecture, computer, quality processes, tool and die making,
woodworking and heating, ventilating and air conditioning.
(14-J) PART OF LOT 29, CONCESSION 5
615 WINCHESTER ROAD EAST, 5850 & 5900 GARRARD ROAD
(a)
HOLDING - PRESTIGE INDUSTRIAL
(i)
No person shall use any lot or erect or alter or use any building or structure
in any H-M1A Zone as shown on Schedule A-1 annexed to By-law # 4646-
00 except in accordance with the following uses, namely:
-
bush or berry crop.
(ii)
The holding zone symbol "H" prefixed to the aforementioned zone designation
shall be removed once it has been demonstrated to the satisfaction of the
Town of Whitby that the lands affected by the said by-law are serviced by
municipal water, sanitary sewer and storm sewer facilities.
(b)
Notwithstanding the uses permitted by the Holding provision of Section (a)(i) above or
the Prestige Industrial Zone of Section 8A of By-law 1784, the additional use of a "9
Hole Golf Course" shall be permitted on the lands identified with crosshatching on
Schedule A-1 annexed to By-law # 4646-00.
(4646-00)
By-law 1784
Section 12-434
(14-K) PART OF LOTS 19 & 20, CONCESSION 6
PLAN OF SUBDIVISION 18T-97023
(a) 'HR4B*', 'HR5A*-2', 'H-GB' - HOLDING RESIDENTIAL AND
HOLDING GAS BAR ZONES
Repealed by By-law Amendment 6600-12
(b)
Repealed by By-law Amendment 5956-07
(c)
Repealed by By-law Amendment 6600-12
(d)
Repealed by By-law Amendment 6600-12
(14-L) PARTS 1, 2 AND 3 ON PLAN 40R-19731
1025 DUNDAS STREET WEST
(a)
Notwithstanding Section 7E(1)(b) of Zoning By-law # 1784, as amended, the non-
residential use for the subject property shall be limited to an automobile dealership
which shall not include as an accessory use a motor vehicle paint and body shop.
(b)
Section 4 General Provisions and Section 7E(2) Zone provisions of the C2-S Zone of
Zoning By-law # 1784 shall apply to the subject property except as provided below:
(i)
no garage door openings shall be permitted along the east walls of the
building;
(ii)
a minimum 6 m landscape strip shall be provided along the east property
line, between the front wall of the existing building and the rear lot line.
(14-M) 113 KENDALWOOD ROAD
Repealed by By-Law Amendment 4808-01
(14-N) PART OF LOT 30, CONCESSION 3
PLAN OF SUBDIVISION, 18T-96001
(a) `H-R2B*', `H-R2C*', `H-R2D*', `H-R3B*', `H-R4B*' - HOLDING
RESIDENTIAL ZONES
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
annexed to By-law # 4659-00:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(4662-00)
(4669-00)
(4663-00)
(4659-00
By-law 1784
Section 12-435
(iii)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
−
on the interior side yard containing the drive--way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E (g), Residential `R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4659-00;
(i)
a detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(d)
Notwithstanding the interior side yard provisions of Section 5F (g), Residential 'R2D*'
Zone of By-law # 1784, the following shall be permitted on the lands identified as
'R2D*' on Schedule "A-1" annexed to By-law # 4659-00.
(i)
in the case of a dwelling unit with an attached garage, the
width of the interior side yard shall be as follows:
INTERIOR SIDE YARD
minimum Width
1.0 m
By-law 1784
Section 12-436
(ii)
in the case of a dwelling unit with an attached garage, the
maximum projection of the garage from the front portion of the
main building shall be
1.5 m
(14-O) 4000 GARDEN STREET
(a)
GAS BAR - CAR WASH "GB-CW" ZONE
(i)
USES PERMITTED
-
car wash
-
gasoline bar
(ii)
ZONE PROVISIONS
The zone provisions in the "GB-CW" Zone as contained in Sections 7(B),
7(C) and 7(D) of By-law # 1784 shall apply to the permitted gas bar and car
wash save and except the following:
REAR YARD
minimum for a Car Wash
1.0 m
(14-P) PART OF LOT 21, CONCESSION 2
407 CRAWFORTH STREET
(a)
HOLDING - SPECIAL PURPOSE COMMERCIAL
Repealed by By-law Amendment 6357-10
(b)
Notwithstanding the uses permitted in a "C2-S" Zone in Section 7E (1) of By-law #
1784, as amended, the following uses shall be prohibited on the lands identified by
the "H-C2-S" Zone as shown on Schedule "A-1" attached to By-law # 4671-00 and
shall continue to be prohibited if the prefixed "H" is removed.
-
motor vehicle paint and body shop
(14-Q) PART OF LOT 21, CONCESSION 5
Repealed by By-Law Amendment 4673-00
(14-R) PART OF LOT 21, CONCESSION 5
5909 AND 5959 ANDERSON STREET
(a)
No person shall use any lot or part of a lot or erect or alter or use any building or
structure in the "MU" Zone except in accordance with the following uses and zone
provisions:
(i)
USES PERMITTED - RESIDENTIAL
-
retirement home
(ii)
USES PERMITTED - COMMERCIAL
-
day nursery
-
medical clinic
-
office building
(iii)
ZONE PROVISIONS - RESIDENTIAL
(a)
LOT FRONTAGE
(5163-02)
(6776-13)
(4671-00)
(4661-00)
(4672-00)
(4673-00)
By-law 1784
Section 12-437
Minimum
60 m
(b)
LOT DEPTH
Minimum
80 m
(c)
LOT AREA
Minimum
0.5 ha
(d)
LOT COVERAGE
Maximum
40%
(e)
YARDS
(i)
Front and exterior side yards shall be
5.5 m
provided, however that the average setback
measured across the street face of the structure
is not less than
5.75 m
and further provided that porches shall be
permitted a minimum setback of
3.0 m
(ii) INTERIOR SIDE YARD
minimum
7.5 m
(iii) REAR YARD
minimum
7.5 m
(f)
LANDSCAPED OPEN SPACE
minimum
30% of the lot area
(g)
HEIGHT
maximum
3 storeys
(h)
PARKING
Retirement Home
minimum
0.6 spaces per suite
(i)
NUMBER OF UNITS
Guest Suites within a Retirement Home
maximum
115 suites
(j)
Notwithstanding any other definition contained in this zoning by-law
for the purpose of this subsection,
"RETIREMENT HOME" shall mean a boarding or lodging house
comprised entirely of guest suites and dwelling units and which
includes one or more accessory common use areas for uses such
as dining lounges, fitness recreational facilities, workshops,
consultation rooms, and offices.
(iv)
ZONE PROVISIONS - COMMERCIAL
(a)
MINIMUM LOT FRONTAGE
70 m
(b)
MINIMUM LOT AREA
0.5 ha
(6776-13)
By-law 1784
Section 12-438
(c)
YARDS
(i)
FRONT YARD OR EXTERIOR SIDE YARD
minimum
3.0 m
maximum
7.0 m
(ii) minimum Interior Side Yard or Rear Yard
7.5 m
(d)
maximum Gross Floor Area for Accessory Uses to offices or a
medical clinic:
-
appliances/equipment
100 m2
-
pharmacy
150 m2
-
retail Store for medical supplies,
-
tuck shop/café
100 m2
(e)
LOT COVERAGE
maximum
35%
(f)
LANDSCAPED OPEN SPACE
minimum
10% of the lot area
(g)
BUILDING HEIGHT
maximum
11 m
(h)
PARKING
minimum for floors above grade
5.0 spaces per 93 m2
of gross floor area
minimum for floors below grade
2.5 spaces per 93 m
of gross floor area
(14-S) PART OF LOT 20, CONCESSION 4
4295 THICKSON ROAD NORTH
Repealed by By-law Amendment 6952-15
(14-T) PART OF LOT 18, CONCESSION 3
PLAN OF SUBDIVISION, 18T-93012
(a) 'H-R2B*', `H-R2C*'AND 'H-R3B*' - HOLDING RESIDENTIAL ZONES
AND 'H-I*/H-R2B*' - HOLDING INSTITUTIONAL ZONE.
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
annexed to By-law # 4724-00:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(6776-13)
(4694-00)
(4724-00)
By-law 1784
Section 12-439
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E (g), Residential `R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4724-00;
(i)
a detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
By-law 1784
Section 12-440
(14-U) PART OF LOT 21, CONCESSION 5
445 WINCHESTER ROAD EAST
Repealed by By-law Amendment 6600-12
(14-V) PART OF LOTS 27 & 28, CONCESSION 4
PLAN OF SUBDIVISION 18T-99023
(a)
'HR1A*', 'HR2A*', 'HR2B*', AND 'HR3A*' - HOLDING RESIDENTIAL
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential 'R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2B*' on Schedule "A-1"
annexed to By-law # 4727-00:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(14-W) PART OF LOT 27, CONCESSION 4
PLAN OF SUBDIVISION 18T-99024
(a)
'HR2A*', 'HR2B*', 'HR2C*', 'HR3A*', AND 'H-I*/HR2B*' - HOLDING RESIDENTIAL
AND HOLDING INSTITUTIONAL ZONES
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential 'R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2B*' on Schedule "A-1"
annexed to By-law # 4728-00:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(4726-00)
(4727-00)
(4728-00)
By-law 1784
Section 12-441
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E(g), Residential 'R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4728-00;
(i)
a detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
By-law 1784
Section 12-442
(14-X) 1724 DUNDAS STREET EAST
(a)
Notwithstanding the permitted uses found in Section 5(a) of By-law # 1784, as
amended, the following additional uses of a 'business, professional and/or medical
office' shall be permitted on the subject property shown on Schedule 'A-1' annexed to
By-law # 4738-00.
(b)
Notwithstanding Schedule 'A' the zone requirements table of By-law 1784, as
amended, the following zone provisions shall apply:
(i)
LOT FRONTAGE
minimum
12 m
(ii)
LOT COVERAGE
maximum for all Buildings
20% of the lot area
(iii)
FRONT YARD
minimum Depth
3 m
(iv)
REAR YARD
minimum Depth
7.5 m
(v)
INTERIOR SIDE YARD
minimum Depth
2 m
(vi)
EXTERIOR SIDE YARD
minimum depth
4 m
(vii)
LANDSCAPED OPEN SPACE
minimum
10% of the lot area
(viii)
HEIGHT OF BUILDING
maximum
10 m
(ix)
PARKING, ACCESSORY BUILDINGS
In accordance with the provisions of Section 4 of By-law # 1784.
(x)
OPEN STORAGE
The permitted uses and other operations incidental thereto, including
storage of goods, chattels and materials, shall be carried on within the
confines of a building, provided, however, that nothing herein shall be
deemed to prevent the outside parking of automobiles during normal
business hours by the owner, tenants, employees and customers.
(14-Y) PART OF LOT 22, CONCESSION 4
PLAN OF SUBDIVISION S-W-2000-02
(a)
'H-R2A*', 'H-R2B*', 'H-R2C*', 'H-R2D*-1', 'H-R3C*', 'H-R4B*', 'H-R5A*-3', and 'H-
I*/H-R2B*' - Holding Residential and Holding Institutional Zones
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential 'R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2B*' on Schedule "A-1"
annexed to By-law # 4790-01:
(4738-00)
(4790-01)
By-law 1784
Section 12-443
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
In the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot;
(iii)
where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E(g), Residential 'R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4790-01;
(i)
detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot;
By-law 1784
Section 12-444
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(14-Z) PART OF LOT 20, CONCESSION 4
PLAN OF SUBDIVISION 18T-95002
Repealed by By-law Amendment 6600-12
(15-A) PART OF LOT 23, CONCESSION 6
30 & 36 BAGOT STREET
Notwithstanding the permitted uses found in Section 13.3.1 of By-law # 1784, as amended, the
additional use of a parking lot shall be permitted on the subject property as shown on Schedule
A-1 annexed to By-law # 4812-01.
(15-B) PART OF LOTS 29 AND 30, CONCESSION 3
PLAN OF SUBDIVISION 18T-90044
Repealed by By-law Amendment 6600-12
(15-C) PART OF LOTS 31 AND 32, CONCESSION 3
PLAN OF SUBDIVISION, 18T-98001
(a)
`H-R2A*', `H-R2B*', `H-R2C*', `H-R3B*', `H-R3C*', `H-R4B*', `H-I*/H-R2B*`, `H-I*/H-
R3D*-1' - HOLDING RESIDENTIAL ZONES
Repealed by By-law Amendment 6206-09
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
annexed to By-law # 4832-01:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot; and,
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(4797-01)
(4812-01)
(4809-01)
(4832-01)
By-law 1784
Section 12-445
(iii)
where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the
drive-way to the detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E (g), Residential `R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4832-01;
(i)
detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot; and,
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(15-D) PART OF LOTS 31 AND 32, CONCESSION 3
PLAN OF SUBDIVISION, 18T-94013
(a) `H-R2A*', `H-R2B*', `H-R2C*', `H-I*/H-R3D*-1' - HOLDING
RESIDENTIAL ZONES
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E (g), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2B*' on Schedule "A-1"
annexed to By-law # 4833-01;
(4833-01)
By-law 1784
Section 12-446
(i)
detached single car garage having a maximum area of 38 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot; and,
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E (g), Residential `R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4833-01;
(i)
detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot; and,
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot;
By-law 1784
Section 12-447
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot
(15-E) PART OF LOT 20, CONCESSION 3
PLAN OF SUBDIVISION 18T-99020
Repealed by By-law Amendment 5956-07
(15-F) PART LOT 22, CONCESSION 1
1311 HOPKINS STREET
(a)
Notwithstanding the uses permitted in the Prestige Industrial Zone as referred to in
Section 8A of By-law # 1784, the additional uses of retail truck sales, including parts,
service and repairs, and a distribution centre for heavy construction machinery
including parts, service and repairs shall be permitted on land identified as the subject
property on Schedule "A-1" to By-law # 3912-96.
(15-G) PART OF LOT 26, CONCESSION 3
3775 BROCK STREET NORTH
Repealed by By-law Amendment 6600-12
(15-H) PART OF LOTS 32 AND 33, CONCESSION 2
(a)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential 'R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2B*' on Schedule "A-1"
annexed to By-law # 4706-00:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(4834-01)
(3912-96)
(4689-00)
(4706-00)
By-law 1784
Section 12-448
(iii)
where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
3.
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E(g), Residential 'R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4706-00;
(i)
detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
By-law 1784
Section 12-449
(15-I)
PART OF LOT 35, CONCESSION 1
1755 DUNDAS STREET WEST
(1)
Notwithstanding the uses permitted in Section 7(B)(1) GB Zone of By-law # 1784, the
following additional uses shall be permitted on the lands identified as "GB" on
Schedule "A-1" attached to and forming part of By-law # 4739-00.
-
one retail store not exceeding 220 m2 within which an eating establishment may
be permitted, without seating, provided the floor area does not exceed 30 m2
-
drive-thru window associated with the eating establishment provided the
automobile queue accommodates a minimum of 13 vehicles.
No person shall use any lot or erect or alter or use any building or structure in any
"D(NR)" Zone as shown on Schedule "A-1" annexed to By-law # 4739-00 except in
accordance with the following uses and zone provisions:
(a)
USES PERMITTED
-
Apiary
-
Aviary
-
berry or bush crop
-
field crop
-
flower garden
-
greenhouse
-
horticultural nursery
-
market garden
-
orchard
-
private sewage disposal and stormwater management facility for the
uses permitted in "GB" zone as shown on Schedule "A-1" annexed to
By-law # 4739-00
-
public use in accordance with the provisions of Section 4(a) of By-law #
1784
-
tree crop
(b)
ZONE PROVISIONS
(i)
LOT AREA
minimum
0.7 ha
(ii)
LOT COVERAGE
maximum for all buildings
30%
(iii)
FRONT YARD DEPTH
minimum
10 m
(iv)
REAR YARD DEPTH
minimum
10 m
(v)
INTERIOR SIDE YARD
minimum
10 m
(vi)
EXTERIOR SIDE YARD DEPTH
minimum
10 m
(vii)
BUILDING HEIGHT
maximum
10 m
(4739-00)
By-law 1784
Section 12-450
(viii)
PARKING AND LOADING REQUIREMENTS
In accordance with Sections 4(n) and (o) of By-law # 1784.
(15-J) PART OF LOT 18, CONCESSION 3
PLAN OF SUBDIVISION, 18T-93011615 WINCHESTER ROAD EAST
5850 & 5900 GARRARD ROAD
(a) `H-R2B*', `H-R3B*' AND `H-R4B*' - HOLDING RESIDENTIAL
ZONES,`H-C2-S' - HOLDING SPECIAL PURPOSE COMMERCIAL
ZONE AND "OS" - OPEN SPACE ZONE.
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
annexed to By-law # 4751-01:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(15-K) 36 HABITANT CRESCENT
(a)
Notwithstanding the permitted uses found in Section 12(N)(f)(i) of By-law # 1784, as
amended, one accessory "single bedroom" dwelling unit shall be permitted on the
lands identified on the lands as the subject property shown on Schedule 'A-1'
annexed to By-law # 4752-01.
(b)
Notwithstanding the parking area requirements of Section 4(n)(i)(a) of By-law # 1784,
as amended, a minimum of one parking space shall be provided for each dwelling
unit within the existing structure.
(4751-01)
(4752-01)
By-law 1784
Section 12-451
(15-L) 5100 GARDEN STREET
5155 BALDWIN STREET
(a)
Notwithstanding the permitted uses in an "A" Agricultural Zone, the additional uses of
a cemetery, chapel, columbarium, private mausoleum, crematorium and associated
office shall be permitted on the lands identified as the "Subject Property" on Schedule
A-1 annexed to By-law # 4771-01.
(b)
That the All Zones (Institutional) Zone provisions of Schedule "A" to By-law # 1784
and the General Provisions of Section 4 of By-law # 1784 shall apply to the subject
property.
(15-M) PART OF LOT 18, CONCESSION 3
PLAN OF SUBDIVISION, 18T-93010
(a)
'H-R2A*', `H-R2B*', `H-R2C*'AND 'H-R4B*' - HOLDING RESIDENTIAL ZONES
AND 'H-I*/H-R2B*' - HOLDING INSTITUTIONAL ZONE.
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
annexed to By-law # 4782-01:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(iii)
where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(4771-01)
(4782-01)
By-law 1784
Section 12-452
(c)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E (g), Residential `R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4782-01;
(i)
detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(15-N) NORTHWEST CORNER OF DUNDAS STREET EAST AND GARRARD ROAD
1818 DUNDAS STREET EAST
(a)
Notwithstanding Section 7E(1)(b) of Zoning By-law # 1784, as amended, the
additional use of a bank or financial institution shall be permitted on the Subject
Property as shown on Schedule A-1 attached to By-law # 4789-01.
(b)
Notwithstanding the general provisions of Section 7E(2) of By-law # 1784, the
following shall apply to the Subject Property:
(i)
EXTERIOR SIDE YARD
minimum width
0.0 m
(15-O) 113 AND 117 KENDALWOOD ROAD
Repealed and relocated to Section 7G by By-law 5956-07
(15-P) PART OF LOT 27, CONCESSION 3
Repealed and relocated to Section 5P by By-law 5956-07
(15-Q) PART OF LOTS 21 & 22, CONCESSION 4
Repealed and relocated to Section 10 by By-law 5956-07
(4789-01)
(4808-01)
(4854-01)
(4867-01)
By-law 1784
Section 12-453
(15-R) PART LOT 26, CONCESSION 4
PLAN OF SUBDIVISION S-W-2000-08
(a)
'HR2B*', 'HR2C*', 'HR3A*' AND 'HR4B*' - HOLDING RESIDENTIAL ZONE.
(i)
Repealed by By-law Amendment 6600-12
(ii)
Repealed by By-law Amendment 6600-12
(iii)
Repealed by By-law Amendment 6600-12
(iv)
Notwithstanding the lot coverage provisions of Section 5D(ii)(d), Residential
'R2B*' Zone of By-law # 1784, the following shall be permitted on the lands
identified as 'R2B*' on Schedule "A-1" annexed to By-law # 4887-01.
(a)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(i)
in the case of an interior lot, an unenclosed porch or verandah
up to a maximum floor area of 12 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is
located in the front yard area of the lot; and
(ii) in the case of a corner lot, an unenclosed porch or verandah
having up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is
located in the front and/or exterior side yard area of the lot.
(v)
Notwithstanding the lot coverage provisions of Section 5E(ii)(d), Residential
'R2C*' Zone of By-law # 1784, the following shall be permitted on the lands
identified as 'R2C*' on Schedule "A-1" annexed to By-law # 4887-01.
(a)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(i)
in the case of an interior lot, an unenclosed porch or verandah
up to a maximum floor area of 10.0 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is
located in the front yard area of the lot; and,
(ii) in the case of a corner lot, an unenclosed porch or verandah
having up to a maximum floor area of 17.5 m2 shall be
permitted notwithstanding the lot coverage provisions provided
it is located in the front and/or exterior side yard area of the lot.
(vi)
Notwithstanding the lot coverage provisions of Section 5G(ii)(d), Residential
'R3A*' Zone of By-law # 1784, the following shall be permitted on the lands
identified as 'R3A*' on Schedule "A-1" annexed to By-law # 4887-01.
(a)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(i)
in the case of an interior lot, an unenclosed porch or verandah
up to a maximum floor area of 8.0 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is
located in the front yard area of the lot; and,
(ii) in the case of a corner lot, an unenclosed porch or verandah
having up to a maximum floor area of 15 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is
located in the front and/or exterior side yard area of the lot.
(4887-01)
By-law 1784
Section 12-454
(vii)
Notwithstanding the lot coverage provisions of Section 5K(ii)(d), Residential
'R4B*' Zone of By-law # 1784, the following shall be permitted on the lands
identified as 'R4B*' on Schedule "A-1" annexed to By-law # 4887-01.
(a)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(i)
in the case of an interior lot, an unenclosed porch or verandah
up to a maximum floor area of 8.0 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is
located in the front yard area of the lot; and,
(ii) in the case of a corner lot, an unenclosed porch or verandah
having up to a maximum floor area of 15 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is
located in the front and/or exterior side yard area of the lot.
(viii)
Notwithstanding the lot depth provisions of Section 5K (ii)(b), Residential
'R4B*' Zone of By-law # 1784, the following shall be permitted on those
lands that are hatched and identified as 'R4B*' on Schedule "A-1" annexed
to By-law # 4887-01:
(a)
LOT DEPTH
29 m
(15-S) PART LOT 22, CONCESSION 2
Repealed and relocated to Section 5 by By-law Amendment 5956-07
(15-T) PART OF LOT 22, CONCESSION 6
PLAN OF SUBDIVISION 18T-92021
(a)
Notwithstanding the lot coverage provisions of Section 5D(d), Residential R2B* Zone
of By-law # 1784, the following shall be permitted on the lands identified as the
"Subject Property" on Schedule A-1 annexed to By-law # 4886-01.
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
notwithstanding the interior side yard provisions of Section 5D(g)(i)
Residential 'R2B*' Zone of By-law # 1784, the following additional
provisions shall apply to the lands identified as the "Subject
Property" on Schedule A-1 annexed to By-law # 4886-01.
(4888-01)
(4886-01)
By-law 1784
Section 12-455
(iii)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum with of the interior side yard shall
be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
Provided however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(15-U) PART OF LOT 22, CONCESSION 3
PLAN OF SUBDIVISION 18T-99022
(a)
HR2B*", "HR2C*/HR3B*" - HOLDING RESIDENTIAL ZONES
(i)
Repealed by By-law Amendment 6600-12
(ii)
Repealed by By-law Amendment 6600-12
(iii)
In the event that Council deems it appropriate to delete the "H" symbol
prefixed to the aforementioned "H-R2B*", "H-R2C*/H-R3B*" Zone
designations, the uses and zone provisions of Sections 5D, 5E and 5H
respectively of By-law # 1784 shall then apply to the lands so designated.
Notwithstanding the provisions of Section 5D(ii) of By-law # 1784 to the
contrary, where a lot within an 'R2B*' Zone has a frontage of 15 m or
greater, the zone provisions of Section 5C(ii) of By-law # 1784 shall apply.
(15-V) PART LOT 21, CONCESSION 4
PLAN OF SUBDIVISION S-W-2000-07
(a)
Notwithstanding the provisions of Section 5D(ii) of By-law # 1784 to the contrary,
where a lot within an 'R2B*' Zone has a frontage of 15 m or greater, the zone
provisions of Section 5C(ii) of By-law # 1784 shall apply.
(b)
Notwithstanding the provisions of Section 5E(ii) of By-law # 1784 to the contrary,
where a lot within an 'R2C*' Zone has a frontage of 12 m or greater, the zone
provisions of Section 5D(ii) of By-law # 1784 shall apply.
(c)
Notwithstanding the provisions of Section 5H(ii) of By-law # 1784 to the contrary, a lot
within an 'R3B*' Zone shall have a maximum frontage of 21 m.
(d)
Notwithstanding the lot coverage provisions of Section 5D (d) and the interior side
yard provisions of Section 5D (g)(i), Residential 'R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2B*' on Schedule "A-1"
annexed to By-law # 4917-01;
(i)
detached single car garage having a maximum area of 38 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(4913-01)
(4917-01)
By-law 1784
Section 12-456
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(e)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E (g), Residential 'R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4917-01;
(i)
detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot;
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
By-law 1784
Section 12-457
(15-W) 730 ANDERSON STREET
Notwithstanding Section 1(b) of By-law # 1784, as amended, the additional use of a home
based business - bed and breakfast shall apply to the lands identified as the "Subject Property"
on Schedule A-1 attached to By-law # 4926-01.
(a)
The following home based business definition shall apply to the lands identified as the
"Subject Property" on Schedule A-1 attached to By-law # 4926-01.
"HOME BASED BUSINESS - BED AND BREAKFAST" means a dwelling unit
occupied as the principal residence of a person or persons in which temporary
accommodation is available to members of the travelling public wherein meals may
be served to those persons, but shall not include a boarding or lodging house.
(b)
The following zone provisions shall apply to the home based business - bed and
breakfast use:
(i)
the floor area of the bed and breakfast within the existing dwelling unit shall
not exceed 150 m2;
(ii)
the bed and breakfast shall not exceed three (3) guest bedrooms; and
(iii)
a minimum of two (2) parking spaces shall be provided for the single
detached dwelling house and one (1) additional parking space for each
guest bedroom in the bed and breakfast use shall be provided.
(15-X) 4505 BALDWIN STREET
ASSESSMENT ROLL # 010-037-00900
(a)
Notwithstanding Section 7 (B)(1) of By-law 1784, the following additional uses shall
also be permitted on the lands zoned 'H-GB-CW' - (Holding) Gasoline Bar /Car Wash
Zone, as shown as the "Subject Property" outlined on Schedule "A-1", attached to By-
law # 4922-01:
NON-RESIDENTIAL USES
(i)
convenience retail store;
(ii)
one eating establishment with drive-thru.
(b)
Notwithstanding any other provisions of By-law # 1784 to the contrary, the subject
property shall also be subject to the following provisions:
(i)
the drive-thru for the eating establishment shall provide a queue
accommodating a minimum of 12 vehicles and such queue shall not block or
occupy any traffic aisle or parking space; and shall be located a minimum of
10 m from the front lot line;
(ii)
the eating establishment with drive-thru, convenience retail store, and the
gasoline bar kiosk shall be located within the same building and the gross
floor area for such building shall be a maximum of 200 m2; and
(4926-01)
(6776-13)
(6776-13)
(4922-01)
By-law 1784
Section 12-458
(iii)
prior to Council approving an application for rezoning of the "Subject
Property" as shown on Schedule "A-1", attached to By-law # 4922-01, to
remove the 'H' holding symbol or to change the 'D(NR)' Zone to a residential
zone designation, preparation and completion of all of the following is
required, to the satisfaction of the Town:
1.
environmental impact study;
2.
Phase 1 environmental site assessment;
3.
storm water management plan;
4.
conceptual servicing plan;
5.
archaeological report;
6.
provision of full municipal services to the site; and
7.
execution of a site plan agreement.
(iv)
if Council deems it advisable to delete the 'H' symbol prefixed to the
aforementioned 'H-GB-CW' Zone, then the provisions of By-law 4922-01,
and the provisions in Section 7B and 7D of By-law 1784, as amended, shall
apply to the subject lands identified on Schedule "A-1" attached to By-law #
4922-01; and
(v)
the general provisions under Section 4 of By-law 1784, as amended, shall
apply to subject lands identified on Schedule "A-1" attached to By-law #
4922-01.
(15-Y) PART OF LOT 26, CONCESSION 6
PLAN OF SUBDIVISION, 18T-96001
(a) `H-R2B*' and `H-R2C*' - Holding Residential Zones
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
annexed to By-law # 4904-01:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(4904-01)
By-law 1784
Section 12-459
(iii)
where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E (g), Residential `R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 4904-01;
(i)
detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot; and,
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(15-Z) PART OF LOT 21, CONCESSION 5
WINCHESTER ROAD EAST / THICKSON ROAD NORTH
"H-C2-S" - Holding - Special Purpose Commercial Zone
(i)
No person shall use any lot or erect or alter or use any building or structure in any "H-
C2-S" Zone as shown on Schedule A-1 annexed to By-law # 4942-01 except in
accordance with the following uses:
-
bush or berry crop, field crop;
(4942-01)
By-law 1784
Section 12-460
(ii)
A by-law shall not be enacted to delete the "H" symbol until such time as it has been
demonstrated to the satisfaction of the Town of Whitby that the following items have
been addressed:
(a)
that the said lands to be affected by the said by-law are serviced by
municipal water, sanitary sewer and storm sewer facilities and that
contribution for shared facilities has been made or the necessary municipal
agreement(s) are in place; and
(b)
that the developer provide the municipality with an easement in favour of the
Town for the purpose of securing a block concept for internal vehicular traffic
for the subject property and adjacent lands.
(iii)
The minimum lot area for the lands zoned "H-C2-S" shall be 17,150 m2 until such time
as a common driveway or an agreement for the construction of a common driveway
has been provided to the Town connecting the "H-C2-S" lands fronting Thickson
Road to an 'all turn' driveway entrance on to Winchester Road East.
(iv)
In the event that Council deems it appropriate to delete the "H" symbol prefixed to the
aforementioned "H-C2-S" Zone, the uses and zone provisions of Section 7E of By-law
# 1784 shall then apply to the lands so designated.
(16-A) PART OF LOT 21, CONCESSION 1
300 THICKSON ROAD SOUTH
(a)
PRESTIGE INDUSTRIAL
(i)
Notwithstanding the permitted uses of Section 8A of By-law # 1784, as
amended, the additional use(s) of a new automobile sales dealership, or an
automobile dealership complex, shall also be permitted on the subject lands
identified as "Subject Property" as shown on Schedule "A-1" annexed to By-
law # 4949-01.
(ii)
ZONE PROVISIONS
PRESTIGE INDUSTRIAL USES
The zone provisions for any permitted industrial use shall be in accordance
with the zone provisions of the M1A Zone, Section 8A of By-law # 1784.
SINGLE NEW AUTOMOBILE SALES DEALERSHIP AND AUTOMOBILE
DEALERSHIP COMPLEX
(a)
LOT FRONTAGE
minimum
60 m
(b)
LOT AREA
minimum per automobile sales dealership
0.8 ha
(c)
YARDS
FRONT YARD
minimum
5.0 m
REAR YARD
minimum
7.5 m
INTERIOR SIDE YARD
minimum
7.5 m
(4949-01)
By-law 1784
Section 12-461
EXTERIOR SIDE YARD
minimum
7.5 m
(d)
GROSS FLOOR AREA FOR EACH AUTO-MOBILE SALES
DEALERSHIP
minimum
1000 m2
(e)
LOT COVERAGE
maximum
35 %
(f)
LANDSCAPED OPEN SPACE
Minimum
10 %
(b)
Notwithstanding Section 2 (Definitions) of By-law # 1784, the following definitions
shall apply to the lands identified as "Subject Property" on Schedule "A-1" annexed to
By-law # 4949-01:
(i)
"NEW AUTOMOBILE SALES DEALERSHIP" means a building or part of a
building where new automobiles are kept for sale, including the servicing of
the same.
(ii)
"AUTOMOBILE DEALERSHIP COMPLEX" for the purpose of this By-law #
4949-01 shall be composed of a minimum of two (2) building sites on a lot,
for the development and use of new automobile sales dealerships.
(c)
The general provisions of Section 4 of By-law # 1784 shall apply to the lands
identified as the "Subject Property" on Schedule "A-1" annexed to By-law # 4949-01.
(16-B) 216 POWELL ROAD
(a)
Notwithstanding the permitted uses of Section 5(a) of By-law # 1784, 'a converted
dwelling house' containing a maximum of three (3) self-contained dwelling units shall
be permitted on the lands identified as the "Subject Property" as shown on Schedule
A-1 annexed to By-law # 4960-01.
2.
Notwithstanding Section 2 (Definitions) of By-law # 1784, the minimum width of a
parking space for a converted dwelling house as permitted in paragraph (a) above
shall be 2.4 m.
(16-C) PART LOT 22, CONCESSION 6 (Z-62-01)
DODGE DRIVE
Repealed by By-law Amendment 6600-12
(16-D) "H-C1" - HOLDING LOCAL COMMERCIAL ZONE - CARNWITH AND THICKSON
200 CARNWITH STREET EAST (18T-89099)
(i)
Repealed by By-law Amendment 6600-12
(ii)
Repealed by By-law Amendment 6600-12
(4960-01)
(4971-02)
(4972-02)
By-law 1784
Section 12-462
(iii)
In the event that Council deems it appropriate to delete the 'H' symbol prefixed to the
aforementioned 'H-C1' Zone designation, the following zone provisions shall apply to
the lands so designated.
(a)
USES PERMITTED
-
day nursery
-
medical clinic
-
office
-
personal service establishment
-
restaurant
-
retail stores
(b)
ZONE PROVISIONS
(i)
GROSS FLOOR AREA
maximum
1860 m2
(ii)
PARKING QUEUE
Any parking queue for a drive thru restaurant shall accommodate a
minimum of 12 vehicle spaces having a minimum length of 6 m,
within a dedicated aisle that does not interfere with vehicle ingress
or egress.
(iii)
All other zone provisions and requirements of the 'C1' Zone
designation of By-law # 1784 shall apply to the lands so
designated.
(16-E) PART LOT 26, CONCESSION 4
Repealed and relocated to Section 5D by By-law Amendment 6600-12
(16-F) PART LOT 24, CONCESSION 3
PLAN OF SUBDIVISION S-W-2001-05
(a)
Notwithstanding the provisions of Section 5I(ii)(b), Residential 'R3C*' Zone of By-law
# 1784, the following shall be permitted on the lands identified as 'R3C*' on Schedule
"A-1" annexed to By-law # 5004-02.
LOT DEPTH
Minimum
27 m
(b)
Notwithstanding the provisions of Section 5I(ii)(f), Residential 'R3C*' Zone of By-law #
1784, the following shall be permitted on the lands identified as 'R3C*' on Schedule
"A-1" annexed to By-law # 5004-02.
REAR YARD
Minimum
7.5 m
(16-G) 1903 DUNDAS STREET EAST AND 109 KENDALWOOD DRIVE
(a)
Notwithstanding the uses permitted in Section 7(B)(1) GB-CW Zone of By-law # 1784,
the following additional use shall be permitted on the lands identified as the Subject
Property on Schedule A-1 attached to and forming part of By-law # 5023-02.
-
one retail store not exceeding 240 m2 within which an eating establishment may
be permitted. A drive-thru window for the eating establishment or retail store is
prohibited.
(5605-05)
(6776-13)
(6776-13)
(4985-02)
(5004-02)
(5023-02)
By-law 1784
Section 12-463
(b)
Notwithstanding the zone provisions in Section 7(B)(2), the following provisions shall
apply:
EXTERIOR SIDE YARD
minimum
7.5 m
INTERIOR SIDE YARD
minimum
2.0 m
REAR YARD
minimum
4.5 m
(16-H) PART OF LOT 21, CONCESSION 4
NORTH-WEST CORNER - TAUNTON ROAD EAST AND RIVERS EDGE PLACE
Temporary Use - Expired
(16-I)
VARIOUS PROPERTIES
(a)
No person shall erect, alter or use any building or structure in the "H-I*" Zone as
shown on Schedules "A1" and "A2" annexed to By-law # 5038-02 except to continue
the use established prior to the enactment of this By-law, so long as it continues to be
used for that purpose.
(b)
A by-law shall not be enacted to delete the 'H' symbol until such time as it has been
demonstrated to the satisfaction of the Town of Whitby that the lands to be affected
by the said by-law are serviced by municipal water and sanitary sewer facilities.
(c)
In the event that Council deems it appropriate to delete the 'H' symbol prefixed to the
aforementioned 'H-I*' Zone designation, the uses and zone provisions of Section 10B
of By-law # 1784 shall then apply to the lands so designated.
(d)
Notwithstanding the permitted uses found in Section 5 of By-law # 1784, as amended,
the additional uses of a daycare centre and clinic shall only be permitted subject to
the zone provisions contained in Sections 4 General Provisions and 10B(ii) on the
subject property as shown on Schedules "A-7" and "A-8" annexed to By-law 5038-02.
(16-J) PART LOT 23, CONCESSION 4
PARTS 1, 2, AND 9, PLAN 40R-20901
Repealed by By-Law Amendment 6505-11
(16-K) PART OF LOT 21, CONCESSION 5
Repealed by By-law Amendment 6600-12
(16-L) PART OF LOT 27, CONCESSION 3
Repealed by By-law Amendment 5956-07
(16-M) PART OF LOT 26, CONCESSION 6
PLAN OF SUBDIVISION, 18T-96007
(a)
Notwithstanding the lot coverage provisions of Section 5C(d), Residential R2A* Zone
of By-law # 1784, the following shall be permitted on the lands identified as `R2A*' on
Schedule "A-1" annexed to By-law # 5046-02:
(i)
detached garage having a maximum area of 42 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit.
(ii)
maximum lot coverage for a one (1) storey dwelling unit
45%
(5037-02)
(5038-02)
(5041-02)
(5043-02)
(5044-02)
(5046-02)
By-law 1784
Section 12-464
(b)
Notwithstanding the lot coverage provisions of Section 5D(d) and the interior side
yard provisions of Section 5D(g)(i), Residential `R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as `R2B*' on Schedule "A-1"
annexed to By-law # 5046-02:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(iii)
where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
Provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(c)
Notwithstanding the lot coverage provisions of Section 5E (d) and the interior side
yard provisions of Section 5E(g), Residential `R2C*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2C*' on Schedule "A-1"
annexed to By-law # 5046-02;
(i)
detached single car garage having a maximum area of 24 m2, provided the
detached garage is located in the rear yard, has access to a public street by
a driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit;
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 10.0 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 17.5 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
By-law 1784
Section 12-465
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(16-N) BLOCK 1, PLAN 40M-2044
900 Victoria Street West
Temporary Use - Expired
(16-0) PART OF LOT 23, CONCESSION 6
PLAN OF SUBDIVISION S-W-2001-02
(a)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential "R2B*"
Zone of By-law # 1784, the following shall be permitted on the lands so marked
"R2B*" on Schedule "A-1" annexed to By-law # 5071-02:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in front yard area
of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(b)
Notwithstanding the interior side yard provisions of Section 5D(g)(i) Residential
"R2B*" Zone of By-law # 1784, the following additional provisions shall apply to the
lands marked "R2B*" on Schedule "A-1" annexed to By-law # 5071-02:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
-
on the interior side yard containing the drive-way to the
detached garage
3.1 m
-
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(5061-02)
(5071-02)
By-law 1784
Section 12-466
(c)
Notwithstanding the lot coverage and height provisions of Section 5C(d) and (j),
Residential "R2A*" Zone of By-law # 1784, the following shall apply to the lands
identified and hatched as 'Subject Property' on Schedule "A-2" annexed to By-law #
5071-02:
(i)
maximum lot coverage for a one storey dwelling unit
45%
(ii)
maximum building height
1 Storey
(16-P) PART OF LOT 35, CONCESSION 4
4400 HALLS ROAD NORTH
(1)
The following additional uses shall be permitted within the 'A' - Agricultural Zone on
the lands outlined on Schedule "A-1" attached to By-law # 5073-02, more specifically
as follows:
USES PERMITTED
(i)
BUFFER AREA:
The "Buffer Area" as indicated on Schedule "A-1" to By-law # 5073-02 shall
only be used for one or more of the following:
-
berming
-
drainage facilities
-
driveway access
-
landscaping
(ii)
RELATED USE AREA:
The "Related Use Area" as indicated on Schedule "A-1" to By-law # 5073-02,
shall only be used for one or more of the following:
-
berming
-
drainage facilities
-
employee and visitor parking area
-
landscaping office
-
septic tile bed
-
stormwater management pond
-
weigh scale
(iii)
TOPSOIL PROCESSING AREA:
The "Topsoil Processing Area" as indicated on Schedule "A-1" to By-law #
5073-02, shall only be used for one or more of the following:
-
processing topsoil;
-
sale and storage of landscape retaining wall materials, paving stones
and other related products
-
storage of landscape aggregates accessory to topsoil processing
-
storage of processed topsoil
(2)
Notwithstanding any other by-law provision for the lands zoned A as outlined on
Schedule A-1 attached to By-law # 5073-02, the following zone provisions shall apply:
(a)
FRONT YARD
minimum Depth
15 m
(5073-02)
(5802-06)
By-law 1784
Section 12-467
(b)
REAR YARD
minimum Depth
20 m
(c)
INTERIOR SIDE YARD
minimum Width
15 m
(d)
HEIGHT OF TOPSOIL STOCKPILE
maximum
15 m
(e)
ACCESSORY STORAGE
maximum
5 % of the "Topsoil Processing Area"
(f)
BUILDING(S)
maximum
1500 m2
(g)
PARKING
In accordance with Section 4(n) of By-law # 1784.
(h)
DEFINITIONS
The following definitions shall apply, and where there is a conflict between
such definitions and the definitions set forth elsewhere in By-law 1784, as
amended, the following shall govern:
"TOPSOIL PROCESSING" means land(s) where topsoil is screened and
mixed with finished compost, peat moss and/or peat loam or similar material.
"BUFFER AREA" means landscaped areas including berms, drainage
facilities and driveway access.
"OFFICE" means a building or part of a building used as an office directly
related to the topsoil processing operation and shall include a sales outlet for
material stored or produced on the site.
"LANDSCAPING" means grading and planting, and shall include berming,
fencing and other forms of screening.
(16-Q) PART OF LOT 21, CONCESSION 4, SUBDIVISION S-W-2000-05
(a)
'H-R3A*', 'H-R4A*', 'H-R4B*', 'H-CMU*-7', Holding Residential and Commercial
Mixed Use
Repealed by By-law Amendment 6129-08
(b)
(i)
Notwithstanding the use provisions of Section 5K of By-law # 1784, the
following additional uses shall be permitted in any R4A* Zone as shown on
Schedule "A-1" attached to and forming part of this By-law.
-
long term care facility
-
retirement home
-
street townhouse dwellings
(ii)
Where the lands are developed for the purpose of a long term care facility or
retirement home, the lands shall be developed in accordance with the
provisions of Section 5O 'CMU' and Exception 16N, 'CMU*-7'.
(5081-02)
(6129-08)
(6925-14)
(6925-14)
By-law 1784
Section 12-468
(iii)
Where the lands are developed for the purpose of street townhouse
dwellings, the lands shall be developed in accordance with the provisions of
Section 5L - 'R4B'.
(c)
(i)
Notwithstanding the use provisions of Section 5L of Zoning By-law # 1784,
the following additional uses shall be permitted in any R4B* Zone as shown
on Schedule "A-1" attached to and forming part of this By-law:
-
link dwellings
-
semi-detached dwellings
-
single detached dwellings
(ii)
Where the lands are developed for the purpose of single detached, link, or
semi-detached dwellings, the lands shall be developed in accordance with
the provisions of Sections 5E, 5G and 5H, respectively.
(d)
(i)
Notwithstanding the use provisions of Section 5G of Zoning By-law # 1784,
the following additional uses shall be permitted in any R3A* Zone as shown
on Schedule "A-1" attached to and forming part of this By-law:
-
semi-detached dwellings
-
single detached dwellings
(ii)
Where the lands are developed for the purpose of single detached, or semi-
detached dwellings, the lands shall be developed in accordance with the
provisions of Section 5E and 5H respectively.
(16-R) PART OF LOTS 25 AND 26, CONCESSION 44101 BALDWIN STREET SOUTH
333 MCKINNEY DRIVE
Repealed and relocated to Section 10B by By-law Amendment 5956-07
(16-S) PART LOT 25, CONCESSION 4
100 TAUNTON ROAD EAST
Repealed and relocated to Section 10B by By-law Amendment 6600-12
(16-T) 105 WINCHESTER ROAD WEST
(a)
PRESTIGE INDUSTRIAL
(i)
No person shall use any lot or erect or alter or use any building or structure
in the M1A Zone as shown on Schedule A-1 annexed to By-law # 5094-02
except in accordance with the following existing uses, namely:
-
residential apartment
-
veterinary clinic
(ii)
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the uses permitted by Section (a)(i) above or the Prestige Industrial
Zone of Section 8A of By-law 1784, the additional use of a car wash shall be
permitted in accordance with the zone provisions contained in Section 7A(D)(7) and
Section 8A(ii) of By-law 1784 on the lands identified on Schedule A-1 annexed to By-
law # 5094-02.
(16-U) 205 TAUNTON ROAD WEST
Repealed by By-law Amendment 5956-07
(6129-08)
(6129-08)
(5095-02)
(5093-02)
(5093-02)
(6600-12)
(5096-02)
By-law 1784
Section 12-469
(16-V) PART OF LOT 26, CONCESSION 3
REVISED PLAN OF SUBDIVISION (18T-87080)
(a)
`H-R2B* ', H-R2C* ', `H-R3C* ', `H-R4B* ', `H-R4B*-3', 'H-R4B*-4', `H-R5A-4' -
HOLDING RESIDENTIAL ZONES
Repealed by By-law Amendment 6600-12
(b)
`R4B*-3' - STREET TOWNHOUSE DWELLING
Repealed by By-law Amendment 5956-07
(c)
'R4B*-4' - STREET TOWNHOUSE DWELLING
Repealed by By-law Amendment 5956-07
(d)
`R5A-4' - MULTIPLE UNIT RESIDENTIAL
(i)
USE PERMITTED
-
apartment dwelling(s)
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
minimum
70 m
(b)
LOT AREA
minimum
0.7 ha
(c)
LOT COVERAGE
maximum
35%
(d)
FLOOR SPACE INDEX
the minimum ratio of total gross floor space to gross
lot area shall be
1.0
(e)
DENSITY
For the area shown as `R5A-4' the following densities
shall apply:
Minimum
110 units per net ha
Maximum
170 units per net ha
(f)
HEIGHT
maximum
12 storeys or 37 m whichever is less
(g)
YARDS
The minimum setback for all yards shall be
10.0 m
Provided however, and notwithstanding the above, for the lands
shown as `R5A-4' the following additional setback shall apply:
(i)
All buildings and structures with a height greater
than 21 m shall be setback from the north
property boundary an additional 0.6 m for each m
or portion thereof in height which exceeds
21 m.
(5103-22)
By-law 1784
Section 12-470
(h)
DISTANCE BETWEEN BUILDINGS ON THE SAME LOT
The minimum distance between an apartment
dwelling and a separate building or structure shall be
15 m
Provided, however, and notwithstanding the above
this distance may be reduced to 7.5 m between the
end walls of separate structures provided neither of
the end walls contains a bedroom, living room or
dining room window.
In no case shall the distance between buildings be
less than half the height of the tallest building.
(i)
INTERNAL ROADWAY
(i)
minimum width
8.5 m
(ii) the minimum distance from an internal roadway
to the nearest portion of an apartment dwelling
shall be
5.0 m
Provided however, and notwithstanding the above,
this distance may be reduced to 2.0 m from an
exterior wall which does not contain a bedroom, living
room or dining room window.
(j)
LANDSCAPED OPEN SPACE
minimum
35% of the lot area
(k)
PARKING AND LOADING SPACE REQUIREMENTS
(i)
A maximum of 15% of the provided parking may
be permitted at finished grade.
(ii) Any portion of a parking structure fully below or
being no greater than 1.0 m above finished grade
shall not be included within the calculation of lot
coverage
(iii) Parking and loading spaces provided at or on
finished grade and portions of underground
parking structures above and within 1.0 m of
finished grade shall be located no closer than the
following;
to a street line or 0.3 m reserve abut-ting a street
line, a minimum distance of
10 m
to any other property line, a minimum distance of
2.5 m
Notwithstanding the provisions set out under (k)(iii) above, a
designated handicap parking space may be permitted in a front
or exterior side yard provided that such parking space is
located no closer than 2.5 m to the street line.
By-law 1784
Section 12-471
(iv) Parking structures fully below finished grade shall
be located no closer than the following;
to any property line, a minimum distance of
2.5 m
(v) The maximum height of any portion of a parking
garage or structure above finished grade shall be
the less of 2 storeys or10 m.
(vi) The minimum setback for a parking garage or
structure located greater than 1.0 m above
finished grade shall be to any property line
10 m
(16-W) 4900 THICKSON ROAD NORTH
Repealed by By-law Amendment 5740-06
(16-X) 20 BALDWIN STREET
Repealed by By-law Amendment 5956-07
(16-Y) PART OF LOT 27, CONCESSION 3
BLOCK 62, PLAN 40M-1743
Repealed by By-law Amendment 5956-07
(16-Z) PART OF LOT 20, CONCESSION 3
4 BACH AVENUE
(a)
Notwithstanding the permitted uses found in Section 12, 8-P(a)(i) of By-law # 1784,
as amended, one 63.2 m2 accessory "single bedroom" dwelling unit shall be permitted
on the lands identified as the subject property shown on Schedule 'A-1' annexed to
By-law # 5137-02.
(17-A) DUNDAS/THICKSON - SOUTH SIDE OF DUNDAS STREET EAST BETWEEN
GLEN HILL DRIVE AND THICKSON ROAD SOUTH
(1)
No person shall erect, alter or use any building or structure in the "H-C3" Zone as
shown on Schedule A-1 annexed to By-law # 5152-02 except to continue the use
established prior to the enactment of By-law # 5152-02, so long as it continues to be
used for that purpose.
(2)
A by-law shall not be enacted to delete the "H" symbol until such time as it has been
demonstrated to the satisfaction of the Town of Whitby that the lands to be affected
by the said by-law are serviced by municipal storm sewers and an Environmental
Phase 1 Report has been prepared for the lands identified as being contaminated.
(3)
In the event that Council deems it appropriate to delete the "H" symbol prefixed to the
aforementioned H-C3 Zone designation, the uses and zone provisions of the C3 Zone
shall then apply to the lands so designated.
(4)
Repealed and relocated to Section 7H by By-law Amendment 5956-07
(5)
Repealed and relocated to Section 7H by By-law Amendment 6600-12
(17-B) PART LOT 23, CONCESSION 6
(a)
'R5A*-4' APARTMENT DWELLING RESIDENTIAL ZONE - EXCEPTION 4
Repealed and relocated to Section 5O by By-law Amendment 5956-07
(b)
'R3D*-2' LOW DENSITY CLUSTER DWELLING RESIDENTIAL ZONE -
EXCEPTION 2
(5120-02)
(5121-02)
(5129-02)
(5137-02)
(5152-02)
(5168-02)
By-law 1784
Section 12-472
Repealed and relocated to Section 5K by By-law Amendment 5756-07
(17-C) PART OF LOT 18, CONCESSION 3
Temporary Use Expired
(17-D) PART OF LOT 31, CONCESSION 5
745 WINCHESTER ROAD WEST
Repealed by By-law Amendment 6592-12
(17-E) PART OF LOT 21, CONCESSION 4
695 CONLIN ROAD
(ii)
No person shall use the lands or erect or alter or use any building or structure in the
'H-M1' Zone as shown on Schedule "A-1" attached to and forming part of By-law #
5292-03 except in accordance with the following uses:
-
assembly plant that does not utilize water
-
bank or financial institution
-
fraternal organization
-
indoor storage
-
manufacturing that does not utilize water
-
office building
-
processing that does not utilize water
-
radio or television transmission establishment
-
warehouse
(iii)
The zone requirements of Schedule "A" to By-law # 1784 designated as 'M1'
Industrial Commercial and the general provisions of Section 4 of By-law # 1784 shall
apply to the 'H-M1' lands for development of the uses in clause (i) above with the
following exception:
LOT COVERAGE
maximum for all buildings
10%
(iv)
A by-law shall not be enacted to delete the 'H' symbol until such time as it has been
demonstrated to the satisfaction of the Region of Durham and the Town of Whitby that
the site can be adequately serviced with municipal water and sanitary services.
(v)
In the event that Council deems it appropriate to delete the 'H' symbol prefixed to the
aforementioned 'H-M1' Zone designation the uses and zone provisions of Section 8 of
By-law # 1784 and the uses identified in clause (i) above shall then apply to the lands
so designated.
(17-F) PART LOT 22, CONCESSION 6
PLAN OF SUBDIVISION S-W-2002-06
(a)
'H-R2A*/H-R2B*', 'H-R2B*', 'H-R3A*' - HOLDING RESIDENTIAL ZONE.
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D (d), Residential 'R2B*'
Zone of By-law # 1784, the following shall be permitted on the lands so marked
'R2B*' on Schedule "A-1" annexed to By-law # 5296-03:
(i)
a detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(5223-03)
(5228-03)
(5754-06)
(6163-09)
(5292-03)
(6776-13)
(5296-03)
By-law 1784
Section 12-473
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(c)
Notwithstanding the interior side yard provisions of Section 5D (g) (i) Residential
'R2B*' Zone of By-law # 1784, the following additional provisions shall apply to the
lands marked 'R2B*' on Schedule "A-1" annexed to By-law # 5296-03:
(i)
Where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
on the interior side yard containing the driveway to the
detached garage
3.1 m
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(17-G) 727 AND 728 ANDERSON STREET
(a)
Notwithstanding Section 5C (i) of By-law # 1784, the following additional uses shall be
permitted on the lands identified as the "Subject Property" on Schedule "A-1" attached
to and forming part of By-law # 5293-03.
-
medical clinic
-
offices
(b)
Notwithstanding the zone provisions of Section 5C (ii) of By-law # 1784 the following
zone provisions shall apply to the permitted uses in clause (a) above:
(i)
LOT AREA
minimum
3610 m2
(ii)
FRONT YARD
minimum depth
3.0 m
(iii)
INTERIOR SIDE YARD
minimum width
12 m
(iv)
EXTERIOR SIDE YARD
minimum
4.5 m
(v)
LOT COVERAGE
maximum
27%
(vi)
LANDSCAPE OPEN SPACE
minimum
22%
(5293-03)
(6776-13)
By-law 1784
Section 12-474
(vii)
BUILDING HEIGHT
maximum
2 storeys or 10 m
(viii)
PARKING
minimum
57 spaces
(17-H) PART LOT 19, CONCESSION 1
26 GARARD ROAD
(1)
Notwithstanding the uses permitted in an R3, Residential Type 3 Zone in Section 5 of
By-law # 1784, as amended, the additional use of an office and personal service
establishment uses shall be permitted for the lands identified as the "Subject
Property" on Schedule A-1 attached to and forming part of By-law # 5331-03.
(2)
Notwithstanding anything to the contrary, the gross floor area of the permitted uses
noted in paragraph (a) above shall not exceed 140 m2.
(3)
Notwithstanding anything to the contrary, the parking for the permitted uses in
paragraph (a) above shall only be provided behind the minimum front yard set back or
front elevation of the existing building, whichever is the greater.
(4)
Unless otherwise provided herein, the provisions of Section 4(n)(i) of By-law # 1784,
as amended, shall apply.
(17-I)
PART LOT 22, CONCESSION 6
Repealed by By-law Amendment 6600-12
(17-J) PART OF LOT 18, CONCESSION 2 - MOUNT LAWN CEMETERY
2000 DUNDAS STREET EAST
Repealed by By-law Amendment 6876-14
(17-K) PART LOTS 24 AND 25, CONCESSION 6
PLAN OF SUBDIVISION S-W-2002-03
(a)
HOLDING RESIDENTIAL ZONE
Repealed by By-law Amendment 6372-10
(b)
R2A*-WS - RESIDENTIAL - WIDE SHALLOW ZONE
Repealed and relocated to Section 5Q by By-law Amendments 5612-05 and
5956-07
(c)
R2A*-WS-1 - RESIDENTIAL - WIDE SHALLOW EXCEPTION ZONE
Repealed and relocated to Section 5Q by By-law Amendment 5956-07.
(d)
R2B*-WS - RESIDENTIAL - WIDE SHALLOW ZONE
Repealed and relocated to Section 5R by By-law Amendments 5599-05 and
5956-07
(e)
R2B*-WS-1 - RESIDENTIAL - WIDE SHALLOW EXCEPTION ZONE
Repealed and relocated to Section 5R by By-law Amendment 5956-07.
(f)
R2C*-WS - RESIDENTIAL - WIDE SHALLOW ZONE
Repealed and relocated to Section 5S by By-law Amendments 5599-05 and
5956-07
(g)
R3A*-WS - RESIDENTIAL - WIDE SHALLOW ZONE
Repealed and relocated to Section 5U by By-law Amendment 5956-07
(h)
Repealed by By-law Amendment 6600-12
(5330-03)
(5331-03)
(6776-13)
(5338-03)
(5346-03)
By-law 1784
Section 12-475
(17-M) PART OF LOT 21, CONCESSION 5
485 WINCHESTER ROAD EAST
(a)
Notwithstanding the uses permitted in Section 7(B)(1) GB-CW Zone of By-law # 1784,
the following additional use shall be permitted on the lands identified as the Subject
Property on Schedule A-1 attached to and forming part of By-law # 5393-04.
-
retail store not exceeding 300 m2 shall be permitted within the kiosk within which
an eating establishment and drive thru may be permitted therein, provided that
the minimum length of the queue shall be equivalent to a minimum of 14
automobiles, measured from the pick-up window, assuming a minimum length of
6.0 m per vehicle, where such vehicles do not stand perpendicular to the access
to any parking space and where the entrance to the queue does not cross a
municipal street line.
(b)
Notwithstanding the zone provisions in Section 7(B)(2) of this By-law, the following
provisions shall apply:
FRONT YARD
minimum
6.0 m
EXTERIOR SIDE YARD
minimum
10.0 m
REAR YARD
minimum
2.5 m
(c)
The General Provisions of Section 4 and Section 7D of By-law # 1784, as amended,
shall continue to apply.
(17-N) 4900 THICKSON ROAD NORTH
Repealed by By-law Amendment 5740-06
(17-O) PART OF LOT 21, CONCESSION 4
4750 AND 4830 THICKSON ROAD NORTH
Repealed and relocated to Section 10 by By-law Amendment 5956-07
(17-P) LOTS 45 - 58, INCLUSIVE AND BLOCKS 90, 91 AND 92
REGISTERED PLAN OF SUBDIVISION 40M-2194
(a)
Repealed and relocated to Section 5C by By-law Amendment 6600-12
(b)
Repealed and relocated to Section 5C by By-law Amendment 6600-12
(17-Q) NORTHEAST CORNER OF TAUNTON ROAD EAST AND THICKSON ROAD
NORTH
720 TAUNTON ROAD EAST
(a)
Notwithstanding the uses permitted in Section 7(B)(1) GB-CW Zone of By-law # 1784,
as amended, the following additional use shall be permitted on the lands identified as
the "Subject Property" on Schedule A-1 attached to and forming part of By-law #
5453-04.
-
retail store not exceeding 175 m2 shall be permitted within the kiosk
(b)
Notwithstanding the zone provisions in Section 7(B)(2) of this By-law, the following
provisions shall apply:
FRONT YARD
(5393-04)
(6600-12)
(5403-04)
(5411-04)
(5439-04)
(5453-04)
By-law 1784
Section 12-476
minimum
11 m
EXTERIOR SIDE YARD
minimum
1.0 m
REAR YARD
minimum
0.7 m
(c)
Notwithstanding the zone provisions in Section 7(D)(6) of this By-law, the following
provisions shall apply:
Notwithstanding any other yard provisions of this By-law to the contrary,
a kiosk may be located within any yard provided that the minimum
distance between the kiosk and any lot line shall be
1.0 m
(d)
The General Provisions of Section 4 of By-law # 1784, as amended, shall continue to
apply.
(17-R) PART OF LOTS 27 & 28, CONCESSION 4
PLAN OF SUBDIVISION 18T-99023
Repealed by By-law Amendment 6600-12
(17-S) PART OF LOT 28, CONCESSION 3 (PHASE 3)
205 CULLEN WAY (P)
(a)
Notwithstanding Section 12, subsection 16-U (a) of By-law # 1784, the following
additional use shall be permitted within an R5A-6 Zone shown as the subject property
on Schedule A-1 annexed to By-law # 5464-04.
-
block linked dwelling houses
(b)
The zone provisions for block linked dwellings houses within the R5A-6 Zone
category shall be subject to the zone provisions of Section 12, subsection 16-
U(a)(ii)(a) of By-law # 1784, as amended, except where amended below:
ZONE PROVISIONS
SEPARATION DISTANCES
(i)
The minimum distance between the rear or end wall of a block
linked dwelling house and any zone line shall be
0.3 m
(ii)
the minimum distance between the rear wall of a block linked
dwelling house and an internal roadway shall be
8.0 m
(iii)
the minimum distance between an internal roadway and a
garage shall be
5.5 m
(iv)
the minimum distance between the end walls of block linked
dwelling houses shall be 3 m, except where the walls of the
block linked dwelling house are not parallel, in which case it
shall be
2.0 m
(v)
the minimum distance between any end wall of a block link
dwelling house and an internal roadway shall be
3.0 m
(vi)
the minimum distance between a rear wall at grade patio and
any zone line shall be
0.0 m
(5451-04)
(5465-04)
By-law 1784
Section 12-477
(c)
NUMBER OF DWELLING UNITS (PHASE 3)
BLOCK LINKED DWELLINGS
maximum within the R5A-6 Zone
37 units
(d)
PARKING
Within an R5A-6 Zone for Block Linked Dwelling Houses in accordance with Section
4(n) of By-law # 1784.
(17-T) PART OF LOT 25, CONCESSION 6
10 WINCHESTER ROAD WEST
Temporary Use Expired
(17-U) 1618 DUNDAS STREET EAST
(a)
Notwithstanding the uses permitted in a "C2-S" Special Purpose Commercial Zone in
Section 7E of By-law # 1784, as amended, the additional uses of a dance studio, hair
stylist, barber shop, spa/beauty salon and tailor shop shall be permitted on the lands
identified as the "Subject Property" on Schedule "A-1" attached to and forming part of
By-law # 5467-04.
(b)
Unless otherwise provided herein, the provisions of Section 4 of By-law # 1784, as
amended, shall apply.
(17-V) PART OF LOT 21, CONCESSION 3
PLAN OF SUBDIVISION S-W-2003-06
Repealed by By-law Amendment 6600-12
(17-W) PART OF LOTS 25 AND 26, CONCESSION 4
PLAN OF SUBDIVISION S-W-2003-07
Repealed by By-law Amendment 6600-12
(17-X) SOUTHWEST CORNER OF TAUNTON ROAD EAST AND THICKSON ROAD
NORTH
685 TAUNTON ROAD EAST
(a)
Notwithstanding the uses permitted in Section 7(B)(1) GB-CW Zone of By-law # 1784,
as amended, the following additional use shall be permitted on the lands identified as
the "Subject Property" on Schedule A-1 attached to and forming part of By-law #
5474-04.
(i)
retail store not exceeding 186 m2 in gross floor area shall be permitted within
the kiosk.
(b)
Notwithstanding any provision of this By-law to the contrary, the calculation of gross
floor area shall not include a garbage enclosure.
(c)
Notwithstanding the zone provisions in Section 7(B)(2) of this By-law to the contrary,
the following provisions shall apply:
FRONT YARD
Minimum
6.0 m
EXTERIOR SIDE YARD
Minimum
11.4 m
REAR YARD
Minimum
3.0 m
(5466-04)
(5467-04)
(5474-04)
(5476-04)
(5474-04)
By-law 1784
Section 12-478
(d)
Notwithstanding the zone provisions in Section 7(D)(6) of this By-law, the following
provisions shall apply:
Notwithstanding any other yard provisions of this By-law to the contrary,
a kiosk may be located within any yard provided that the minimum
distance between the kiosk and any lot line shall be
6.0 m
(e)
'H-GB-CW' - HOLDING - GASOLINE BAR / CAR WASH ZONE.
Repealed by By-law Amendment 6600-12
(f)
Repealed by By-law Amendment 6600-12
(g)
Repealed by By-law Amendment 6600-12
(17-Y) PART OF LOT 22, BROKEN FRONT CONCESSION
Repealed by By-law Amendment 6600-12
(17-Z) 72 WINCHESTER ROAD EAST
(a)
Notwithstanding the permitted uses found in Section 5D (i) of By-law # 1784, as
amended, one (1) accessory "single bedroom" dwelling unit shall be permitted on the
lands identified as the subject property shown on Schedule 'A-1' annexed to By-law #
5497-04.
(18-A) 105 COLSTON AVENUE
(a)
Notwithstanding the uses permitted in Section 5A(c) of By-law # 1784, as amended, a
one (1) bedroom dwelling unit shall be permitted on the lands identified as the subject
property shown on Schedule "A-1" annexed to By-law # 5494-04.
(b)
Notwithstanding the Schedule "A" Zone Requirements Table of By-law # 1784, as
amended, the following zone provision shall apply to the subject property:
(i)
FRONT YARD
Minimum depth
6.5 m
(c)
Notwithstanding the requirements of Section 4(n)(i)(a) of By-law # 1784, as amended,
a minimum of 1.5 parking spaces shall be provided for each dwelling unit within the
existing structure.
(18-B) PART OF LOT 25, CONCESSION 3
SOUTHEAST CORNER CIVIC CENTRE DRIVE / KENNETH HOBBS AVENUE
Repealed and relocated to Section 5L by By-law 6600-12
(18-C) PART LOT 27, CONCESSION 4
Repealed by By-law Amendment 6600-12
(18-D) PART OF LOTS 24 AND 25, CONCESSION 6
PLAN OF SUBDIVISION SW-2002-03
Notwithstanding the zone provision for maximum building heights in the 'H-R2A-WS', 'H-R2B-
WS', 'H-R2C-WS' and 'H-R3A-WS' Zone categories as identified on Schedule "A-1" annexed
to By-law # 5524-04, the following shall apply:
(i)
HEIGHT OF BUILDING
Maximum
9.5 m
All other provisions of this By-law shall apply.
(5498-04)
(5497-04)
(5494-04)
(5509-04)
(5514-04)
(5524-04)
By-law 1784
Section 12-479
(18-E) PART OF LOT 23, CONCESSION 6
SOUTHWEST CORNER OF BALDWIN STREET AND CENTRE STREET
Repealed and relocated to Section 5C by By-law Amendment 6600-12
(18-F) PART OF LOT 18, CONCESSION 3
PLAN OF SUBDIVISION SW-2004-01
Repealed by By-law Amendment 6795-13
(18-G) NORTHEAST CORNER OF BROADLEAF AVENUE AND BALDWIN STREET
SOUTH
Repealed and relocated to Section 5P by By-Law Amendment 5956-07
(18-H) PART OF LOT 21, CONCESSION 4
PLAN OF SUBDIVISION SW-2003-10
Repealed by By-law Amendment 6600-12
(18-I)
PART OF LOT 26, CONCESSION 4
PLAN OF SUBDIVISION SW-2003-03
Repealed by By-law Amendment 6600-12
(18-J) PART OF LOTS 24 AND 25, CONCESSION 6
PLAN OF SUBDIVISION SW-2002-03
Repealed by By-law Amendment 6600-12
(18-K) PART OF LOT 31, CONCESSION 3
(a)
'H-R2B*' - HOLDING RESIDENTIAL ZONE
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D (d) and the interior side
yard provisions of Section 5D (g) Residential 'R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands so marked 'R2B*' on Schedule "A-1"
annexed to By-law # 5620-05:
(i)
detached garage having a maximum area of 38 m2, provided the detached
garage is located in the rear yard, has access to a public street by a
driveway having an unimpeded minimum width of 2.75 m, and where a
garage or carport is not integral or attached to the dwelling unit; and,
(ii)
single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
(a)
in the case of an interior lot, an unenclosed porch or verandah up to
a maximum floor area of 12 m2 shall be permitted notwithstanding
the lot coverage provisions provided it is located in the front yard
area of the lot;
(b)
in the case of a corner lot, an unenclosed porch or verandah having
up to a maximum floor area of 20 m2 shall be permitted
notwithstanding the lot coverage provisions provided it is located in
the front and/or exterior side yard area of the lot.
(5597-05)
(6600-12)
(5597-05)
(5596-05)
(5598-05)
(5599-05)
(5612-05)
(5620-05)
By-law 1784
Section 12-480
(iii)
where a detached garage is provided in the rear yard and no attached
garage or carport is provided, the minimum width of the interior side yard
shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 m is setback a minimum of 1.6 m from the dwelling unit on the
abutting lot.
(18-L) PART OF LOT 24, CONCESSION 6
PLAN OF SUBDIVISION SW-2004-03
(a)
Repealed by By-law Amendment 6071-08
(18-M) NORTHEAST QUADRANT OF TAUNTON ROAD EAST AND BALDWIN STREET
SOUTH
Repealed and relocated to Section 5P by By-law Amendment 5956-07
(18-N) PART OF LOT 25, CONCESSION 4
PLAN OF SUBDIVISION S-W-2003-07; MR-04-04
Repealed by By-law Amendment 6600-12
(18-O) 95 TAUNTON ROAD EAST
(i)
Notwithstanding the permitted uses found in Section 10B of By-law 1784, as amended,
the following use shall be permitted on the land identified as the subject property shown
on the attached Schedule A-1' annexed to and forming part of By-law # 5649-05:
(i)
A private elementary school with a maximum gross floor area of 1117 m2 within
an existing church.
(18-P) PART LOTS 31 AND 32, CONCESSION 3
PLAN OF SUBDIVISION SW-2003-02
(a)
HOLDING RESIDENTIAL ZONE
Repealed by By-law Amendment 6206-09
(b)
R3A*-WS - RESIDENTIAL - WIDE SHALLOW ZONE
Repealed and relocated to Section 5U by By-law Amendment 5956-07
(18-Q) PART OF LOTS 31 AND 32, CONCESSION 3
PLAN OF SUBDIVISION, 18T-94013
(a)
'H-R2B*', 'H-R2C*' AND 'H-R3D*' - HOLDING RESIDENTIAL ZONES
Repealed by By-law Amendment 6600-12
(b)
Notwithstanding the lot coverage provisions of Section 5D(ii)(d) and the interior side
yard provisions of Section 5D(ii)(g), Residential 'R2B*' Zone of By-law # 1784, the
following shall be permitted on the lands identified as 'R2B*' on Schedule "A-1"
annexed to By-law # 5677-05:
(i)
a detached single car garage having a maximum area of 38 square metres,
provided the detached garage is located in the rear yard, has access to a
public street by a driveway having an unimpeded minimum width of 2.75
(5621-05)
(5632-05)
(5634-05)
(5649-05)
(5650-05)
(5677-05)
By-law 1784
Section 12-481
metres, and where a garage or carport is not integral or attached to the
dwelling unit; and,
(ii)
a single storey covered and unenclosed porch or verandah having no
habitable space above it, subject to the following:
−
in the case of an interior lot, an unenclosed porch or verandah up to a
maximum floor area of 12 square metres shall be permitted
notwithstanding the lot coverage provisions provided it is located in the
front yard area of the lot; and,
−
in the case of a corner lot, an unenclosed porch or verandah having up
to a maximum floor area of 20 square metres shall be permitted not
withstanding the lot coverage provisions provided it is located in the
front and/or exterior side yard area of the lot.
(iii)
where a detached single car garage is provided in the rear yard and no
attached garage or carport is provided, the minimum width of the interior
side yard shall be as follows:
−
on the interior side yard containing the drive-way to the
detached garage
3.1 m
−
on the other side
0.6 m
Provided, however, that the exterior wall of the building set at the minimum
setback of 0.6 metres is setback a minimum of 1.6 metres from the dwelling
unit on the abutting lot.
(c)
Repealed by By-Law Amendment 6541-11
(d)
Repealed by By-Law Amendment 6541-11
(18-R) PART OF LOTS 24 AND 25, CONCESSION 6
PLAN OF SUBDIVISION S-W-2002-03
Repealed by By-law Amendment 6371-10
(18-S) PART OF LOT 20, CONCESSION 1
PLAN OF SUBDIVISIONS, 18T-93023 and 18T-89085
(a) H-R4B* - Holding Residential Zone
(i)
Repealed by By-law Amendment 6600-12
(ii)
Repealed by By-law Amendment 6600-12
(iii)
Repealed by By-law Amendment 6600-12
(iv)
Notwithstanding Sections 5M of By-law # 1784, as amended, each
residential dwelling shall be setback a minimum of 30 m from the limit of any
railway right-of-way.
(b)
The provision of Section 5L(ii)(a) of Residential R4A* Zone of By-law # 1784 is
hereby replaced with the following on the lands identified with cross hatching on
Schedule A-1" annexed to By-law # 5716-05:
LOT FRONTAGE
minimum
37 m
(5709-05)
(5716-05)
By-law 1784
Section 12-482
(18-T) 4900 THICKSON ROAD NORTH
665 CONLIN ROAD
(a)
Notwithstanding the uses permitted in Section 8(a)(i) M1 Restricted Industrial Zone of
By-law # 1784, as amended, the following additional uses shall be permitted on the
lands identified as the "Subject Property" and zoned M1 on Schedule A-1 attached to
and forming part of By-law # 5740-06.
-
contractor's yard
-
processing and outside storage of aggregate, concrete and asphalt products
-
ready mixed concrete batch plant
-
sales, service and office uses accessory to a permitted use above
(b)
Notwithstanding Section 10(b) Greenbelt Zone - zone provisions of By-
law # 1784, as amended, no person shall erect or alter or use any
building or structure or conduct a use as permitted in paragraph (a)
above, unless a minimum set back is provided from a 'G' Greenbelt
Zone category of
7.5 m
(c)
Notwithstanding the permitted uses in Section 8A(i)(b) M1A Prestige Industrial of By-
law # 1784, as amended, the following uses shall be deleted from the M1A Zone for
the "Subject Property", namely:
-
bank or financial institution
-
family restaurant
(d)
'H-M1 AND H-M1A' - HOLDING INDUSTRIAL ZONES
(i)
No person shall use any lot or erect or alter or use any building or structure
in any zone marked 'H-M1 or H-M1A' as shown on Schedule "A-1" annexed
to By-law # 5740-06 except in accordance with the following uses:
-
bush or berry crop
-
field crop
(ii)
A by-law shall not be enacted to delete the 'H' Holding Symbol until such
time as a development application has been submitted accompanied by
updated stormwater management plans, hydrogeologic investigation reports
and environmental impact studies to the satisfaction of the Town and
Conservation Authority.
(iii)
In the event that Council deems it appropriate to delete the 'H' Holding
Symbol prefixed to the aforementioned 'H-M1 and H-M1A' Zone
designations, the uses and zone provisions of Sections 8 and 8A
respectively of By-law # 1784, as amended, shall apply to the lands as
designated.
(18-T) PART OF LOT 20, CONCESSION 6, 40R19680, PART 1
520 WINCHESTER ROAD EAST
(a)
Notwithstanding the uses permitted in Section 7B (1) GB Zone of By-law # 1784, as
amended, the following additional use shall be permitted on the lands identified as the
"Subject Property" on Schedule A-1, attached to and forming part of By-law # 5857-
06:
-
retail store not exceeding 255 m2 shall be permitted within the kiosk.
(5740-06)
(5857-06)
By-law 1784
Section 12-483
(b)
Notwithstanding the zone provisions in Section 7B (2), the following provisions shall
apply:
(i)
FRONT YARD
minimum
5.0 m
(ii)
EXTERIOR SIDE YARD
minimum
5.0 m
(c)
The general provisions of Section 4 and 7D of By-law # 1784, as amended, shall
continue to apply.
(18-U) 75 BALDWIN STREET
Repealed by By-law Amendment 5956-07
(18-U) 75 BALDWIN STREET
(i)
Notwithstanding the permitted uses found in Section 10(a)(i) of Zoning By-law # 1784,
as amended, the following additional use shall be permitted within an existing building
constructed on or prior to January, 2000 on the lands as shown on Schedule A-1
annexed to By-law # 5862-06.
(ii)
office to a maximum of 190 m2
(18-V) PART OF LOT 20, CONCESSION 5
5295 THICKSON ROAD NORTH
Repealed and replaced in Section 19-G by By-law Amendment 6192-09
(18-V-A)
PART OF LOTS 23 AND 24, CONCESSION 4
PLAN OF SUBDIVISION SW-2002-01
Repealed by 6875-14
(18-W) PART OF LOT 24, CONCESSION 5
BALDWIN STREET SOUTH
Repealed by By-law Amendment 7907-22
(a)
'H-M1A' - HOLDING PRESTIGE INDUSTRIAL ZONE
(i)
No person shall use any lot or erect or alter or use any building or structure
in any zone marked 'H-M1A' as shown on Schedule A-1 annexed to By-law
# 5825-06 except in accordance with the following uses:
-
bush or berry crop
-
field crop
(ii)
A by-law shall not be enacted to delete the "H" symbol until such time as it
has been demonstrated to the satisfaction of the Town of Whitby and the
Region of Durham that the lands to be affected by the said by-law are
serviced by municipal water, sanitary sewer and storm sewer facilities or the
necessary municipal agreement(s) are in place; and that the final Highway #
407 alignment has been determined by the Ministry of Transportation.
(iii)
In the event that Council deems it appropriate to delete the 'H' symbol
prefixed to the 'H-M1A' Zone, the uses and zone provisions of Section 8A
shall then apply to the lands, including the following additional uses:
-
Hotel
-
medical clinic
-
motel
-
personal service establishment
(6776-13)
(6776-13)
(5862-06)
(5820-06)
(5871-06)
(5825-06)
By-law 1784
Section 12-484
-
place of worship
-
veterinary clinic
(18-W-A)
PART OF LOT 23, BROKEN FRONT CONCESSION
SOUTHWEST CORNER VICTORIA STREET EAST & HOPKINS STREET
No person shall use any lot or erect or alter or use any building or structure in any "H-C2-
S-RW-9" and "H-M1" Zone as shown on Schedule A-1 annexed to By-law #5880-07
except in accordance with the following uses, namely;
-
bush or berry crop
-
orchard
(i)
The holding zone symbol "H" prefixed to the aforementioned zone designations
shall be removed once the following matters have been satisfactorily fulfilled,
namely:
-
The construction of an adequate storm sewer system including stormwater
management facilities and storm sewer service connections and the posting
of securities to the satisfaction of the Director of Public Works of the Town of
Whitby.
-
Full municipal services are to be provided to the satisfaction of the
Commissioner of Public Works for the Region of Durham.
-
The requirements of the Central Lake Ontario Conservation.
(18-X) PART OF PART 1, PLAN 40R22504
655 TAUNTON ROAD EAST
Repealed by By-law Amendment 7499-19
(A)
"C1*"- LOCAL COMMERCIAL
(i)
Notwithstanding the permitted uses in a C1* Zone under Section 6 of By-law #
1784, the following use only shall be permitted on the lands identified on
Schedule A-1 attached to and forming part of this By-law:
-
Clinic
(ii)
Notwithstanding the zone provisions in a C1* Zone under Section 6 of By-law
# 1784, the zone provisions are replaced with the following:
(a)
LOT COVERAGE
maximum for all buildings
50%
(b)
FRONT YARD
minimum depth
5.5 m
(c)
REAR YARD
minimum depth
10 m
(d)
INTERIOR SIDE YARD
minimum width
5.5 m
(e)
EXTERIOR SIDE YARD
minimum width
10 m
(f)
HEIGHT OF BUILDINGS
maximum height
15 m
(g)
LANDSCAPE STRIP
(5880-07)
(5956-07)
(5848-06)
By-law 1784
Section 12-485
minimum width
2.75 m
(B)
All of the zone provisions found in Section 4, General Provisions of By-law # 1784, as
amended, shall apply to the C1* Zoned lands.
(18-X) PARTS 2 AND 3, PLAN 40R-25067
7510 THICKSON ROAD NORTH
Notwithstanding Schedule "A" Zone Requirements Table for an "A" - Agricultural Zone -
Residential (other than farming) use under Zoning By-law # 1784, as amended, the following
zone provision shall apply to the lands shown as crosshatched on Schedule "A-1" of By-law #
5913-07
REAR YARD SETBACK FOR AN ACCESSORY BUILDING
minimum
5.0 metres
(18-Y) NORTHEAST CORNER OF CONSUMERS DRIVE AND SUNRAY STREET,
5 SUNRAY STREET
Repealed and relocated to Section 8C by By-law Amendment 5956-07
(19-A) EAST SIDE OF BALDWIN STREET SOUTH - PART OF LOT 26, CONCESSION 4
PLAN OF SUBDIVISION SW-2004-06
Repealed by By-law Amendment 6278-09
(19-B) 10 WINCHESTER ROAD WEST
Repealed by By-law Amendment 6459-11
(19-C) PART OF LOT 22, CONCESSION 1PLAN OF SUBDIVISION MR-01-06 (S-201-89)
Repealed by By-law Amendment 6526-11.
(19-D) PART OF LOT 23, CONCESSION 4
PLAN OF SUBDIVISION S-W-2004-02
Repealed by By-law Amendment 6253-09
(19-E) PART OF LOT 23 AND 24, CONCESSION 4
PLAN OF SUBDIVISION S-W-2002-01
Repealed by By-law Amendment 6762-13
(19-F) PART OF LOT 24, CONCESSION 5
PLAN OF SUBDIVISION S-W-2004-05, BLOCK 5
Repealed and relocated to Section 10B by By-law Amendment 6600-12
(19-G) PART OF LOT 20, CONCESSION 5
5295 THICKSON ROAD NORTH
Repealed by By-law Amendment 6618-12
(19-H) PART OF LOTS 32 AND 33, CONCESSION 7
PLAN OF SUBDIVISION 18T-98003
No person shall use any lot, or erect or alter or use any building or structure in any 'RE' Zone
as shown on Schedule "A-1" annexed to By-law # 4967-01 except in accordance with the
following uses and zone provisions:
'RE' - Residential Estate
(i)
USES PERMITTED
-
accessory structure provided the use of such structure is subordinate and
incidental to the permitted residential use and located in the rear yard.
(5913-07)
(5936-07)
(6004-07)
(6007-07)
(6010-07)
(6024-08)
(6023-08)
(6043-08)
(6600-12)
(6192-09)
(4967-01)
By-law 1784
Section 12-486
-
single detached dwelling house
(ii)
ZONE PROVISIONS
(a)
LOT FRONTAGE
minimum
50 m
(b)
LOT DEPTH
minimum
50 m
(c)
LOT AREA
minimum
0.5 ha
(d)
LOT COVERAGE
maximum for all buildings and structures
10% of lot area
(e)
FRONT YARD
minimum depth
15 m
(f)
REAR YARD
minimum
15 m
(g)
INTERIOR SIDE YARD
minimum
6 m
(h)
EXTERIOR SIDE YARD
minimum
15 m
(i)
LANDSCAPED OPEN SPACE
minimum
70% of the lot area
(j)
HEIGHT OF BUILDINGS
maximum
8.0 m
(k)
PARKING
In accordance with the provisions of Section 4 of By-law # 1784
Section 4(s) of By-law # 1784 shall not apply to any portion of a lot zoned 'G'
as identified on Schedule "A-1" annexed to By-law # 4967-01.
No buildings or structures shall be erected on the "Subject Property" as
shown on Schedule "A-1" annexed to By-law # 4967-01 unless it is serviced
with a drilled well to the satisfaction of the Durham Region Health
Department or the jurisdiction having authority.
(19-I)
300 TAUNTON ROAD WEST
(1)
USES PERMITTED
No person shall within any TRN-1 Zone use any lot or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
-
artist and/or photographic studio
-
banquet hall
-
centre for education and interpretive studies related to cultural activities, arts
and/or natural heritage
-
conference and/or convention centre
-
eating establishment with no drive-thru facilities
-
hotel
-
Museum
(6943-15)
(6374-10)
By-law 1784
Section 12-487
-
office
-
public uses in accordance with the provisions of Section 4(a) of By-law # 1784
-
retail store
-
tourist establishment
-
wellness centre and/or spa
(2)
RETAIL STORE FLOOR AREA
The maximum amount of gross floor area devoted to retail store
facilities shall be
700 m2
Provided however and notwithstanding the above, the maximum
amount of gross floor area devoted to an individual retail store shall be
250 m2
Provided further that any retail store facilities shall only
be situated within buildings existing at the date of the
passage of this By-law.
(3)
ZONE PROVISIONS
No person shall within any TRN-1 Zone use any lot or erect, alter or use any building
or structure except in accordance with the following provisions:
(a)
LOT FRONTAGE
minimum
40 m
(b)
LOT AREA
minimum
1.0 ha
(c)
FRONT YARD
minimum depth
7.5 m
(d)
REAR YARD
minimum depth
3.0 m
(e)
INTERIOR SIDE YARD
minimum width
3.0 m
(f)
EXTERIOR SIDE YARD
minimum width
7.5 m
(g)
LOT COVERAGE
maximum
40 %
(h)
LANDSCAPED OPEN SPACE
minimum
20 %
(i)
HEIGHT OF BUILDING
maximum
15 m
Notwithstanding the maximum height provision cited above,
the maximum height of a hotel shall be
20 m
(j)
PARKING AREA REQUIREMENTS
Parking area requirements shall be in accordance with subsection 4(n) of
By-law # 1784 safe and accept for the following requirements:
(i)
Assembly Hall, Banquet Hall
Conference and/or Convention Centre
1 parking space per 4
(6943-15)
(6943-15)
By-law 1784
Section 12-488
persons of permitted
capacity
(ii)
Eating Establishment
1 parking space per 19 m2
of gross floor area
(iii)
Retail Store
1 parking space per 23 m2
of gross floor area on the
first storey and 1 parking
space per 50 m2 of gross
floor area on any floor
other than the first storey
(iv)
Wellness Centre and/or Spa
1 parking space per 5.5 m2
of gross floor area
(k)
DEFINITIONS AND GENERAL PROVISIONS
Unless otherwise provided herein, the Definitions of Section 2 and the
General Provisions of Section 4 of By-law # 1784, as amended, shall apply.
(19-J) 6760 and 6900 Baldwin Street North
Plan of Subdivision SW-2021-02
1.
Defined Area
The lands located at 6760 and 6900 Baldwin Street North and zoned LD, MD, MX, OS and G
shall be subject to the provisions as hereinafter contained. Matters not specifically dealt with in
this By-law shall be governed by the relevant provisions of By-law #1784.
2.
Definitions
For the purpose of the interpretation of the various uses permitted and various zone provisions
set forth within this By-law amendment, the provisions and definitions of Section 14.1(a) of By-
law #1784 shall apply. Where there is a conflict between the definitions of Subsection 14.1(a)
and Section 2 of By-law #1784, the definitions of Subsection 14.1(a) shall take precedence.
3.
General Provisions
3.1
Setbacks to Ministry of Transportation (MTO) Corridors
Notwithstanding any required yard setbacks within this By-law to the contrary, a minimum
setback of 0.0m or as required by the MTO, whichever is greater, shall be required along any
public street that is subject to MTO corridor control.
4.
Residential Zone Provisions
Notwithstanding any provisions of the By-law to the contrary, in any LD or MD Zone, no person
shall use any lot or erect, alter or use any building or structure except in accordance with the
following uses permitted and zone provisions:
4.1
Uses Permitted
Table 4(A) establishes the uses permitted in the LD Zone and MD Zone. The uses permitted in
the LD and MD Zones are identified in Table 4(A) through a checkmark (✓) symbol under the
column related to each zone. The uses not permitted in the LD and MD Zones are identified in
Table 4(A) through a not permitted (n/p) symbol under the column related to each zone.
Table 4(A) - Uses Permitted
(7884-22)
By-law 1784
Section 12-489
Residential Use
LD Zone
MD Zone
Single-detached dwelling
✓
n/p
Street townhouse dwelling unit with a
front access garage
n/p
✓
Stacked townhouse dwelling
n/p
✓
Back-to-back townhouse dwelling
n/p
✓
4.2
Low Density (LD) and Medium Density (MD) Zone Provisions
Table 4(B) and additional provisions establish the zone standards that apply to the LD and MD
Zone.
By-law 1784
Section 12-490
Table 4(B) - Low Density (LD) and Medium Density (MD) Zone Provisions
Building Type
Min. Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min. Interior
Side Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Single detached dwelling
240 m2
8.0 m,
except 11.0
m for a
corner lot
3.0 m (1)
1.2 m on
one side &
0.6 m on the
other side
3.0 m (1)
7.0 m
NR
25%
NR
12.0 m
Street townhouse dwelling unit
with a front access garage
160 m2
6.0 m,
except 9.0 m
for a corner
lot
3.0 m (1)
1.2 m (2)
3.0 m (1)
7.0 m
NR
20%
2 storeys (4)
4 storeys
Stacked townhouse dwelling
NR
30.0 m
3.0 m
(3)(5)
1.8 m (3)
3.0 m (3)(5)
3.0 m (3)
NR
NR
2 storeys (4)
4 storeys
Back-to-Back townhouse
dwelling
75 m2/
unit
5.5 m/unit,
except 9.0
m/unit for a
corner lot
3.0 m
(1)(3)
1.5 m
3.0 m (1)(3)
NR
7.5 m2
NR
2 storeys (4)
4 storeys
Notes NR = No Requirement
(1)
Except that for the wall of a private garage containing the opening for a vehicle, the minimum yard shall be 5.8 metres.
(2)
Where no common wall exists.
(3)
Except that for an underground parking area, the minimum setback shall be 0m.
(4)
Except that the minimum building height shall be 3 storeys abutting arterial roads.
(5)
Except where a yard abuts Camber Court, the at grade setback shall be a minimum of 17.0m.
By-law 1784
Section 12-491
4.3
Additional Provisions
4.3.1
The following provisions apply to stacked townhouse dwellings:
(a)
The minimum separation distance between stacked townhouse dwellings shall be 2.4
metres for an end wall to end wall condition, 13 metres for a rear waII to rear waII
condition, 6.0 metres for an end wall to front wall condition, 6.0 metres for an end wall to
rear wall condition, and 13 metres for a front wall to front wall condition.
(b)
The minimum distance from an end wall to an internal roadway shall be 1.5 metres.
(c)
The minimum distance from a wall other than an end wall to an internal driveway shall
be 3.0 metres.
(d)
The minimum landscaped open space on the lot shall be 30%.
4.3.2
The following provisions apply to back to back townhouse dwelling units:
(a)
The minimum lot depth for a back to back townhouse dwelling unit shall be 13.5 metres.
(b)
The minimum distance from an end wall to an internal roadway shall be 1.5 metres.
(c)
The minimum distance from a wall other than an end wall to an internal roadway shall
be 3.0 metres
(d)
The minimum distance from an integral garage of a back to back townhouse dwelling
unit containing the opening for a vehicle to an internal roadway shall be 5.8 m.
4.4
Yard Encroachments Permitted
Notwithstanding any provisions of this By-law to the contrary, including the provisions of subsection
4(y) Yard Encroachments Permitted, in any LD or MD Zone, the provisions of subsection 14.2.15 of
By-law #1784 shall apply.
4.5
Accessory Structure
Notwithstanding the definition of Accessory Structure in Section 2 Definitions of this By-law to the
contrary, an accessory structure may be attached to a main building and may be used to house
and store equipment and utility devises related to the principal uses on the lot. The maximum
height of an accessory structure measured from grade level to the ridge of any roof structure shall
be 4.5 m.
4.6
Zone Provisions That Do Not Apply
The following subsections of Section 4 -- General Provisions shall not apply to the lands zoned LD
and MD by this By-law:
(a)
4(m) Ten Percent (%) of Every Lot
(b)
4(w) Satellite Dishes
5.
Mixed Use Zone Provisions
Notwithstanding any provisions of the By-law to the contrary, in any MX Zone, no person shall use
any lot or erect, alter or use any building or structure except in accordance with the following uses
permitted and zone provisions:
By-law 1784
Section 12-492
5.1
Uses Permitted
Table 5(A) establishes the uses permitted in the MX Zone. The uses permitted in MX Zone are
identified through a checkmark (✓) symbol under the column related to each zone. Any
qualifications applicable to the uses permitted within the MX Zone are described following Table
5(A).
Table 5(A) - Uses Permitted
Residential Use
MX Zone
Apartment building
✓
Street townhouse dwelling
✓
Stacked townhouse dwelling
✓
Non-Residential Use
MX Zone
Animal care establishment
✓
Art gallery
✓
Assembly hall
✓
Catering service establishment
✓
Clinic
✓
Commercial school
✓
Community centre
✓
Day care establishment
✓
Eating establishment
✓
Eating establishment, take-out
✓
Financial institution
✓
Food store
✓
Hotel
✓
Library
✓
Museum
✓
Office
✓
Personal service establishment
✓
Place of entertainment
✓
Place of worship
✓
Private school
✓
Recreational club or facility
✓
Retail shop
✓
Service shop
✓
Studio
✓
Supermarket
✓
Veterinary clinic
✓
Wellness clinic
✓
Qualifications:
Each area zoned MX must have a mix of residential and non-residential uses and the uses may be
integrated in the same building.
By-law 1784
Section 12-493
5.2 Mixed Use (MX) Zone Provisions
Table 5(B) and additional provisions establishes the zone standards that apply to the MX Zone.
Table 5 (B) - Mixed Use (MX) Zone Provisions
Building Type
Min.
Lot
Area
Min. Lot
Frontage
Min. Front
Yard
Min.
Interior
Side Yard
Min. Exterior
Side Yard
Min. Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Apartment building/
Retirement home/ Long
term care home
NR
NR
0.0 m/Max.
3.0m (1)
0.0 m
0.0 m/Max.
3.0m (1)
3.0 m (1)
5m2 per
dwelling
unit
NR
4 storeys
12 storeys
Stacked townhouse
dwelling
NR
30.0 m
3.0 m (1)
1.8 m (2)(1)
3.0 m (1)
3.0 m (1)
NR
NR
2 storeys (3)
4 storeys
Non-residential building
NR
NR
0.0 m/Max.
3.0m (1)
0.0m
(1)
3.0 m (1)
0.0m (1)
NR
NR
4 storeys
12 storeys
Notes NR = No Requirement
1. Except that for an underground parking area, the minimum setback shall be 0.0 metres.
2. Where no common wall exists.
3. Except that the minimum building height shall be 3 storeys abutting arterial roads.
Zoning By-Law 1784
Section 12 - 1
5.3
Additional Provisions
5.3.1
The following provisions apply to an apartment building, long term care home, retirement
home and a non- residential building:
(a)
Where buildings are 8 storeys or more in height, a podium shall be provided and
the point tower portion of the building shall be set back a minimum of 3 metres
from the outer edge of the exterior wall of the podium.
(b)
The minimum landscaped open space on the lot, which may include shared roof
top amenity space shall be 25%.
(c)
In no case shall a parking area be permitted between a building and Baldwin
Street North or Columbus Road West.
(d)
Parking areas adjacent to a street shall be separated from the street by a
landscaped open space area having a minimum width of 2.5 metres excluding
any driveways.
(e)
The maximum elevation of the ground floor of the first storey above finished
grade level at the primary entrance door shall be 0.3 metres.
(f)
The minimum height of the first storey for all non-residential uses shall be 3.5
metres.
(g)
A minimum gross leasable floor space dedicated to non-residential uses shall be
1,600.0 square metres.
5.3.2
The following provisions apply to stacked townhouse dwellings:
(a)
The minimum separation distance between stacked townhouse dwellings shall
be 2.4 metres for an end wall to end wall condition, 13 metres for a rear waII to
rear waII condition, 6.0 metres for an end wall to front wall condition, 6.0 metres
for an end wall to rear wall condition, and 13 metres for a front wall to front wall
condition.
(b)
The minimum distance from an end wall to an internal roadway shall be 1.5
metres.
(c)
The minimum distance from a wall other than an end wall to an internal driveway
shall be 3.0 metres.
(d)
The minimum landscaped open space on the lot shall be 30%.
5.3.3
Yard Encroachments Permitted
Notwithstanding any provisions of this By-law to the contrary, including the provisions of
subsection 4(y) Yard Encroachments Permitted, in any MX Zone, the provisions of
subsection 14.2.15 of By-law #1784 shall apply.
5.3.4
Accessory Structure
Notwithstanding the definition of Accessory Structure in Section 2 Definitions of this By-
law to the contrary, an accessory structure may be attached to a main building and may
be used to house and store equipment and utility devises related to the principal uses on
the lot. The maximum height of an accessory structure measured from grade level to the
ridge of any roof structure shall be 4.5 m.
Zoning By-Law 1784
Section 12 - 2
5.3.5
Zone Provisions That Do Not Apply
The following subsections of Section 4 -- General Provisions shall not apply to the lands
zoned MX by this By-law:
(a)
4(m) Ten Percent (%) of Every Lot
(b)
4(w) Satellite Dishes
5.3.6
Determination of Lot - MX Zone
Notwithstanding the definition of Lot in Section 2 and any other provisions of By-law #
1784, and notwithstanding the obtaining of any severance by way of a consent under the
provisions of the Planning Act, R.S.O. 1990, C.P.13 as amended from time to time, or the
registration of any time of any Condominium Declaration, a Plan of Subdivision, or
conveyance with respect to any portion of the said land, the land zoned MX by this By-law
shall be considered to be one lot.
6.
Greenbelt (G) Zone Provisions
The Greenbelt (G) Zone provisions in Section 10 of By-law #1784, as amended, shall apply to the
lands zoned G as shown on Schedule "A-1" attached to and forming part of this By-law, except as
described as follows:
(a)
The extent and exact location of the Greenbelt Zone boundary shall be determined by the
Central Lake Ontario Conservation Authority, the Town and any other applicable agency.
The determination of the boundary shall be based on the most up-to-date detailed
mapping provided by the Conservation Authority or as a result of an Environmental Impact
Study.
(b)
No development, site alteration or the placing or removal of fill of any kind, whether
originating on the site or elsewhere shall be permitted without the approval of the
Conservation Authority and any other applicable agency.
(c)
No habitable buildings or structures are permitted without the approval of the
Conservation Authority and any other applicable agency.
(d)
A public park shall be permitted subject to the approval of the Conservation Authority and
any other applicable agency.
7.
Parking and Loading Provisions
The parking and loading provisions in Section 4A of By-law #1784, as amended, shall apply to the
Subject Land shown on Schedule "A-1" attached to and forming part of this By-law, except as
described as follows:
(a)
The minimum number of parking spaces for a back-to-back townhouse dwelling unit shall
be 2 spaces per dwelling unit plus 0.25 spaces per dwelling unit for visitor parking.
(b)
The minimum number of parking spaces for a stacked townhouse dwelling unit shall be
1.25 spaces per dwelling unit plus 0.25 spaces per dwelling unit dedicated for visitor
parking.
(c)
Subsection 3.9 of Section 4A of By-law #1784 shall not apply.
Zoning By-law 1784
Section 13 - TOC
Section 13
Village of Brooklin Central Core Area
13.1
Definitions
13.2
General Provisions
13.2.1
Application _____________________________________________________ 13.2-1
13.2.2
Non-Complying Uses _____________________________________________ 13.2-1
13.2.3
Non-Complying Lots ______________________________________________ 13.2-1
13.2.4
Non-Conforming Uses _____________________________________________ 13.2-1
13.2.5
Holding (H) Zone Symbol __________________________________________ 13.2-2
13.2.6
Parking Regulations Repealed by By-law 6925-14 ______________________ 13.2-2
13.2.7
Loading Space Regulations Repealed by By-law 6925-14 ________________ 13.2-6
13.2.8
Public Service ___________________________________________________ 13.2-7
13.2.9
Height Exceptions ________________________________________________ 13.2-8
13.2.10 Home Occupation Repealed by By-law 6776-13 _______________________ 13.2-8
13.2.11 Storage and Parking of Motor Homes, Travel Trailers,
Snowmobiles, Boats, Trailers, and other Personal Use
Recreational Vehicles Repealed by By-Law 6925-14 ____________________ 13.2-9
13.2.12 Sight Triangles __________________________________________________ 13.2-9
13.2.13 Landscaped Open Space __________________________________________ 13.2-9
13.2.14 Encroachments __________________________________________________ 13.2-9
13.2.15 Additional Dwelling Unit ___________________________________________ 13.2-9
13.3
Residential Type 1 - Village of Brooklin (R1-VB)
13.4
Residential Type 2 - Village of Brooklin (R2-VB)
13.5
Mixed Use Residential - Village of Brooklin Zone (MUR-VB)
13.6
Institutional - Village of Brooklin (I-VB)
13.7
Open Space - Village of Brooklin (OS-VB)
13.8
Commercial 1 - Village of Brooklin Zone (C1-VB)
(3760-95)
(6776-13)
(8141-24)
(6925-14)
(6925-14)
(6925-14)
Zoning By-law 1784
Section 13 - 1
13.1
DEFINITIONS
13.1.1
Notwithstanding Section 2 of By-law # 1784, as amended, the following definitions apply to all
Village of Brooklin (VB) Zones. Where a word or term is not herein defined, the definitions of
Section 2, as amended, shall apply.
"ACCESSORY APARTMENT"
Repealed by By-law Amendment 8141-24.
"ACCESSORY STRUCTURE" means any structure the use of which is normally incidental to,
and subordinate to, the use of the main building or to the principal use of the lot on which such
accessory structure is located but does not include a structure used for human habitation, or
any occupation for gain or profit. Such accessory structure shall be separate from the main
building.
"ADDITIONAL DWELLING UNIT" means a self-contained dwelling unit either located within
a permitted residential dwelling or located within an accessory structure which is secondary to
the main residential building on the same lot.
"AMUSEMENT MACHINE" means any machine or device for playing any game of skill and/or
chance which is used for entertainment or amusement to the player of the device and without
limiting the generality of the foregoing, includes a pinball machine, electronic game, video
game, and shooting gallery but shall not include pool tables, billiard tables, and bowling alleys
or any machine that would render the premises a common gaming house with the meaning of
The Criminal Code of Canada.
"ARTERIAL ROAD" means a street designated as an Arterial Road right-of-way in the Official
Plan.
"ARTIST OR PHOTOGRAPHIC STUDIO" means a building or structure, or portion thereof,
used for the creation and/or retail sales of photography, paintings, art, needlework, jewellery,
sculpture, pottery, glass, weaving, or plastic art.
"BAKESHOP" means a building, or structure, or portion thereof wherein baked goods are
manufactured and sold on a retail basis to the general public for consumption off the premises.
"BOARDER" means a person who lives in rented living accommodation which has no
individual kitchen facilities or areas for food preparation.
"BOARDING OR LODGING HOUSE" means a building, or structure, or portion thereof,
licensed by the Town where the owner or lessee supplies for compensation, with or without
meals, lodging to a boarder or boarders as the principal use, and may include an accessory
dwelling unit for the owner or caretaker, but shall not include a hotel, motel, a bed and
breakfast establishment, or any other residential use unless otherwise defined herein.
"CARETAKERS RESIDENCE" means a dwelling unit occupied by the owner, or a full-time
caretaker or watchman employed by those who carry on the principal use on the lot to which
the dwelling unit is an accessory use.
"CARWASH" means a building or structure or portion thereof used for the operation of
automobile washing equipment which is automatic, semi-automatic or coin operated.
"COLLECTOR ROAD" means a street designated as a Collector Road right-of-way in the
Official Plan.
"COMMON WALL" means a wall above the finished grade level of which 50% or more of its
length or height is constructed for the purposes of separating two or more dwelling units within
a building including a vertical extension thereof.
(6312-10)
(5993-07)
(8141-24)
(8141-24)
Zoning By-law 1784
Section 13 - 2
"CRISIS CENTRE" means building or portion thereof containing offices wherein counselling or
support services are provided to persons who, by reason of their emotional, mental, social, or
physical state require such specialized services on an immediate emergency basis. A crisis
centre shall not include a clinic or any residential use including a crisis residence.
"CRISIS RESIDENCE" means a dwelling unit that is licensed and/or approved for funding
under Provincial or Federal statute for the temporary accommodation of three or more
persons, exclusive of staff, living under supervision in a single housekeeping unit who, by
reason of their emotional, mental, social, or physical condition or legal status, require a group
living arrangement on a short term basis for their well-being, and in which counselling or
support services are provided. A crisis residence in this By-law shall not include: a group
home, a clinic, a boarding or lodging house, a long term care facility, or a retirement home.
"DAY NURSERY" means a "day nursery" as defined by the Day Nurseries Act as amended or
replaced.
"DRIVE-THROUGH SERVICE" means a building or structure, or portion thereof, used for the
serving of food or beverages to the public, where the public is situated within a motor vehicle.
"DRY CLEANER'S DISTRIBUTION STATION" means building or structure, or portion thereof,
used for the collection, storage, and return of articles of clothing and fabrics which are dry
cleaned, dyed, cleaned, or pressed elsewhere, and may include as an accessory use, the
repair or alteration of clothing and fabrics.
"DRY CLEANING ESTABLISHMENT" means a building or structure, or portion thereof, where
dry cleaning, dying, cleaning, or pressing of articles of clothing and fabrics is carried on, and in
which only non-inflammable solvents are used which emit no odours or fumes, and in which no
noise or vibration causes a nuisance or inconvenience within or without the premises.
"DWELLING, NON-PROFIT" means an apartment or block townhouse dwelling provided or
funded under a Federal or Provincial housing program (as defined by that program).
"ESTABLISHED FRONT BUILDING LINE" means the average front yard as measured from
the street line to the main wall of existing buildings situated on two lots on the same side of the
same street which abut the property at the time of application for a building permit. In the case
of a corner lot, or where one or both of the abutting lots are vacant, the next adjacent non-
vacant lot shall be used in calculating the Established Front Building Line. In a Residential
Zone, that portion of the main wall containing an integral garage or carport may be setback
beyond the Established Front Building Line required for the dwelling unit, where a required
parking space is provided in a driveway.
"EXISTING" means existing at the date of the final passing of By-law # 3760-95.
"FINISHED GRADE LEVEL" means the mean elevation of the finished surface of the ground
abutting the external wall of the building or structure nearest to a public street, but shall not
include any embankment created in lieu of steps.
"GROUND FLOOR AREA" means the total horizontal area of the first floor of a building
measured from the outside face of the exterior walls, but excluding any part of the building
which is used for steps, terraces, cornices, porches, stoops, verandas, ramps for physically
disabled persons, or breezeways.
"HEALTH CLUB" means a building, or structure, or portion thereof, which is used for the
purpose of a gymnasium, exercise room, steam room, sauna, racquet facilities, sunroom,
private swimming pool, massage room, or similar uses, but shall not include a public hall or
other place of assembly.
"HOSPITAL" means a hospital as defined by the Public Hospitals Act or the Mental Hospitals
Act, as amended or replaced.
(6776-13)
(6925-14)
Zoning By-law 1784
Section 13 - 3
"LANDSCAPED OPEN SPACE" means the unobstructed space at or above ground level
which is open to the sky and comprised of lawn, ornamental shrubs, flowers or trees and may
include paths, sidewalks, courts, patios, fences, free standing walls, decks, swimming pools,
and unenclosed private amenity space but shall not include any parking area, traffic aisles,
driveways, ramps, or enclosed private amenity space.
"LIVING ROOM" means a habitable room used for the common social activities of the
occupants of the dwelling unit but shall not include a recreation or family room located in the
basement of a dwelling.
"LOCAL ROAD" means all streets other than arterial roads and collector roads.
"LOT COVERAGE" means that percentage of the total lot area covered by the horizontal
projection of all buildings and structures at finished grade level, including accessory buildings
and structures, and swimming pools where height is more than 1.2 m above finished grade,
but shall not include an unenclosed porch, verandah, deck, unenclosed steps, a ramp for
physically disabled persons, or a swimming pool below 1.2 m above finished grade intended
for the exclusive use of the occupants of a dwelling unit.
"LOT FRONTAGE" means the horizontal distance between the side lot lines. Where such lot
lines are not parallel, the lot frontage shall be the distance between the side lot lines measured
on a line parallel to the front lot line and 7.5 m distant therefrom.
"LOT LINE, FRONT" means the line dividing the lot from the street. In the case of a corner lot,
the shorter lot line abutting a street shall be deemed the front lot line and the longer lot line
abutting a street shall be deemed the exterior side lot line. In the case of a through lot, the lot
line where the principal access to the lot is provided shall be deemed to be the front lot line.
Notwithstanding the foregoing, a lot line abutting Baldwin Street shall be deemed to be the
front lot line.
"OFFICIAL PLAN" means the Official Plan of the Town of Whitby.
"PARK" means an area of land consisting of open space and used primarily for active or
passive recreational purposes which may include recreational buildings, structures or facilities,
athletic fields, playgrounds, community centres, swimming or wading pools, greenhouses,
bandstands, picnic areas, or other similar uses, but shall not include a place of amusement.
"PLACE OF AMUSEMENT" means a building or structure or portion thereof, wherein more
than ten percent (10%) of the total floor space provides, for use by the public, coin operated
mechanical or electrical pinball machines or video games; but does not include the sale or
rental of such merchandise or accessory goods and wares.
"PLANTING STRIP" means a continuous strip of landscaped open space abutting a lot line
which may be interrupted by driveways required for vehicular ingress and egress.
"PHOTOCOPY SHOP" means a building or structure, or portion thereof, used for the purpose
of reprography, consisting of the reproduction and duplication of documents, hand-written
materials, drawings, and micro-filming.
"PRIVATE CLUB" means a building, or structure, or portion thereof, used as a place of
assembly for an organization, and shall include a lodge, a service club, a fraternity or sorority,
or a labour union.
"PUBLIC PARKING LOT" means a lot, building or structure operated by a public agency,
designed and used for the parking of three or more motor vehicles, and shall include the
parking spaces, traffic aisles and driveways.
Zoning By-law 1784
Section 13 - 4
"PUBLIC SERVICE" means any building, structure, roadwork, water supply, sanitary sewer,
storm sewer, natural gas, electrical power or energy, pipeline, telephone, television, sidewalk,
street light or telecommunications network or other similar services provided by a public
agency but shall not include an office building, a works yard, public transit facility or bus
garage, postal station, sanitary landfill site, public school, or telecommunication service.
"RESIDENTIAL CHARACTER" means the design and maintenance of buildings so that no
evidence is apparent from the exterior that any use not of a residential nature is being
conducted therein. This definition shall not be construed to exclude the erection of signs as
allowed by By-law # 1878-85 as amended or replaced.
"STOREY" means a portion of a building situated between the surface of the floor and the
surface of the floor above it or if there is no floor above it, that portion between the surface of
the floor and the ceiling above it. A storey shall not exceed 3.5 m of which 1.5 m shall be
located above finished grade level.
"STOREY, FIRST" means the storey with its floor closest to the finished grade level and
having its ceiling more than 1.8 m above the finished grade level.
"STOREY, HALF" means that portion of a building located wholly or partly within a sloping
roof, having a floor area not less than one-third (1/3) or more than two-thirds (2/3) of the floor
area of the storey below it.
"THEATRE" means a building, or structure, or portion thereof, used for the presentation of
musical, theatrical, or film performances, and shall include accessory uses such as lounges,
dressing rooms, workshops, and storage areas, but shall not include a drive-in theatre.
"VILLAGE OF BROOKLIN ZONE" means any one or more of the zones classified in this By-
law with a classification which concludes with the suffix "-VB".
Zoning By-Law 1784
Section 13.2 - 1
13.2
GENERAL PROVISIONS
The provisions of By-law # 1784, as amended, shall not apply to lands shown on Schedule "A-
1" annexed to By-law # 3760-95 except as otherwise provided in Sections 13.1 and 13.2.
13.2.1
APPLICATION
13.2.1.1
The provisions of Section 13 shall apply to all lands within the Town of Whitby which are
subject to a Village of Brooklin (VB) Zone.
13.2.1.2
Except as otherwise provided for in Section 13.2.1.3, the provisions of Section 4, as
amended, shall apply to all lands subject to a Village of Brooklin (VB) Zone, where such
provisions are consistent with the provisions contained herein.
13.2.1.3
Sections 4(d), 4(g), 4(h), 4(l), 4(n), 4(o), and 4(u), of By-law 1784 as amended, shall not
apply to any lands subject to a Village of Brooklin (VB) Zone.
13.2.1.4
Where there is any uncertainty with respect to the location of the boundary of a Zone, then
the location of such boundary shall be determined in accordance with the scale of
Schedule "A-1" at the original scale of 1:2500.
13.2.2
NON-COMPLYING USES
13.2.2.1
Nothing in this By-law shall prevent the extension, enlargement, repair, strengthening or
replacement of a building or structure which is lawfully non-compliant provided that:
13.2.2.1.1
the use or uses are permitted by this By-law, and
13.2.2.1.2
the extent to which the building or structure does not meet the requirements of this
By-law is not increased.
13.2.3
NON-COMPLYING LOTS
13.2.3.1
Where a lot has a lesser lot area and/or frontage as required herein and was legally
existing and held in distinct and separate ownership from abutting lots prior to the passing
of this By-law, such lot may be used and a building or structure may be erected or used
therein in accordance with all other provision of this By-law.
13.2.4
NON-CONFORMING USES
13.2.4.1
Nothing in this By-law shall prevent:
13.2.4.1.1
the use of any lot, building or structure for any purpose prohibited by this By-law if
such lot, building or structure was lawfully used for such purposes on the day of
passing of this By-law and provided that it continues to be used for that purpose;
13.2.4.1.2
the erection or use for a purpose prohibited by this By-law of a building or structure
for which a permit has been issued by the Chief Building Official, prior to the day of
passing of this By-law, pursuant to the Building Code Act, so long as the building or
structure when erected is used and continues to be used for the purpose for which it
was built and provided the permit has not been revoked pursuant to the Building
Code Act; or
13.2.4.1.3
the repair, replacement or strengthening to a safe condition, of any building or
structure or part thereof which is used for a non-conforming use, provided such repair
or strengthening does not increase the height, size, floor area or use of such building
or structure beyond the original foundation wall of the building or structure.
Zoning By-Law 1784
Section 13.2 - 2
13.2.5
HOLDING (H) ZONE SYMBOL
13.2.5.1
Where the Zone symbol is preceded by the letter "H", the lands shall not be developed for
the uses permitted in that Zone until a By-law has been adopted by Council to remove the
"H". For the purposes of Section 13.2.5, development shall not include repair and
renovation to existing buildings or structures or construction of a porch or garage or other
accessory structures.
13.2.5.2
Prior to removal of the "H", the following uses shall be permitted:
13.2.5.2.1
Uses existing at the date of final passing of By-law # 3760-95.
13.2.5.2.2
Public services
13.2.5.2.3
Any use permitted by By-law which may require development or redevelopment of the
site but which by its nature of development or redevelopment would not increase the
level of storm water run-off leaving the site beyond the level existing at the date of
passing of this By-law.
13.2.5.3
A By-law shall not be enacted to remove the "H" until such time as it has been
demonstrated, to the satisfaction of the Ministry of Transportation and the Town of Whitby,
that storm water servicing facilities and/or capacities are available to service the proposed
development.
13.2.6
PARKING REGULATIONS
Repealed by By-law 6925-14
13.2.7
LOADING SPACE REGULATIONS
Repealed by By-law 6925-14
13.2.8
PUBLIC SERVICE
Notwithstanding Section 4(a) of By-law 1784, as amended, the following provisions shall apply
to public services within a Village of Brooklin (VB) Zone:
13.2.8.1
Public services as defined herein shall be permitted in all VB Zones.
13.2.8.2
Any main or accessory building or structure shall comply with the provisions of the Zone in
which it is located.
13.2.8.3
Any above ground public service excluding electric power or telephone lines, streetlights,
sidewalks or roadworks, carried on in a Residential Village of Brooklin Zone, shall be
enclosed in a building or structure which is designed and maintained in keeping with the
residential character, as herein defined, of the Zone.
13.2.8.4
No open storage of goods, materials and equipment shall be permitted except in
accordance with the provisions of the applicable Zone.
13.2.9
HEIGHT EXCEPTIONS
Notwithstanding any other provisions of this By-law, as amended, the following provisions shall
apply within a Village of Brooklin (VB) Zone:
13.2.9.1
Height restrictions shall not apply to hydro, radio, television or microwave towers and
antennae and similar features.
(6925-14)
(6925-14)
Zoning By-Law 1784
Section 13.2 - 3
13.2.9.2
A church spire, belfry, flagpole, chimney, water tank, stair tower, clock tower, elevator
shaft, skylight, or mechanical penthouse (or other heating, cooling or ventilating
equipment, fence, wall, or structure enclosing such elements) shall not be permitted to
exceed the maximum permitted building height in the applicable zone by more than 5.0 m.
13.2.9.2.1
The aggregate horizontal area of the elements in Section 13.2.9.2 shall not exceed
30% of the area of the roof.
13.2.9.2.2
The aggregate horizontal frontage of the elements in Section 13.2.9.2 shall not
exceed 30% of the width of the wall of the main building facing any street line.
13.2.9.2.3
The elements in Section 13.2.9.2 which are not considered ornamental such as a
water tank, stair tower, elevator shaft or mechanical penthouse shall be setback 4.0
m from any building wall facing a front or exterior side yard.
13.2.10 HOME OCCUPATION
Repealed by By-law 6776-13
13.2.11 STORAGE OR PARKING OF MOTOR HOMES, TRAVEL TRAILERS, SNOWMOBILES,
BOATS, TRAILERS, AND OTHER PERSONAL USE RECREATIONAL VEHICLES
Repealed by By-law 6925-14
13.2.12 SIGHT TRIANGLES
13.2.12.1
A sight triangle, measured as 4.5 m along the street line from the point of intersection of
the street lines, shall be provided on a corner lot.
13.2.12.2
Buildings, structures, walls, fences, trees or hedges which are at a height greater than 0.9
m above the grade of the centreline of the street or streets that abut the lot shall be
prohibited within a required sight triangle.
13.2.12.3
Sight triangles shall not be required within a C1-VB Zone.
13.2.13 LANDSCAPED OPEN SPACE
13.2.13.1
Within an R1-VB and R2-VB Zone, the required landscaped open space shall only be
provided at ground level.
13.2.14 ENCROACHMENTS
13.2.14.1
Notwithstanding any other provision of this By-law to the contrary, drop awning may
project into a public road allowance a maximum distance of 0.5 m.
13.2.15 ACCESSORY APARTMENT
Repealed by By-law Amendment 8141-24
13.2.15 Additional Dwelling Units
(a)
Additional Dwelling Unit Configurations:
(i)
A maximum of two additional dwelling units shall be permitted within a
permitted principal dwelling, and a maximum of one additional dwelling unit
shall be permitted within an accessory structure, or,
(ii)
A maximum of three additional dwelling units shall be permitted within a
permitted principal dwelling where there is no additional dwelling unit located
within an accessory structure, and,
(iii)
No more than one additional dwelling unit shall be permitted within an
accessory structure.
(6312-10)
(8141-24)
(6776-13)
(6925-14)
(8141-24)
Zoning By-Law 1784
Section 13.2 - 4
(b)
Notwithstanding (a) above, an additional dwelling unit shall be permitted on a lot
containing a permitted residential dwelling in any Agriculture Zone provided that the
lot is serviced by municipal water and sanitary services, and is located within the
Town of Whitby Official Plan Urban Area Boundary, with the exception that:
(i)
For lands situated outside of the Town of Whitby Official Plan Urban Area
Boundary, a maximum of one additional dwelling unit shall be permitted per
lot; and
(ii)
No more than one additional dwelling unit shall be permitted within an
accessory structure.
(c)
Any dwelling or lot containing an additional dwelling unit shall be serviced by
municipal sanitary and water services. In the absence of municipal services,
confirmation of sufficient private servicing shall be provided by the Durham Region
Health Department.
(d)
Notwithstanding anything in this By-law to the contrary, for lands located within any
Oak Ridges Moraine Agricultural designation or Oak Ridges Moraine Rural
Settlement designation of the Town of Whitby Official Plan, a maximum of one
additional dwelling unit is permitted either within a legally permitted principal dwelling
or within an accessory building per lot.
(e)
Notwithstanding anything in this By-law to the contrary, for a lot located within the
Protected Countryside of the Greenbelt Plan, a maximum of one additional dwelling
unit shall be permitted either within a legally permitted principal dwelling or an
accessory structure that existed on or where building permits were issued prior to July
1, 2017.
(f)
New additional dwelling units are not permitted in a permitted dwelling unit or
accessory building on any land designated Environmental Protection, Natural
Heritage System or Hazard Land as per the Town of Whitby Official Plan.
(g)
Additional dwelling units are not permitted in any hazard lands as determined by the
Conservation Authority including, but not limited to, the regulatory flood limits, erosion
hazard limits or areas without safe access in the event of a natural hazard
emergency.
(h)
The entrance to an additional dwelling unit shall be accessible by an unobstructed
path of travel measuring a minimum of 1.2 metres in width and minimum 2.1 metres
in height to a public or private street or lane. The path may be shared and used
collectively where more than one additional dwelling unit exists on a lot.
(i)
An additional dwelling unit shall have a common access or separate access to the
exterior of the building.
(j)
Where an additional dwelling unit is present within an accessory structure, the
additional dwelling unit structure shall be excluded from the maximum lot coverage or
floor space index requirements.
Zoning By-Law 1784
Section 13.2 - 5
(k)
Where an additional dwelling unit is located within an accessory structure the
following provisions shall apply:
Minimum Interior Side Yard Setback:
1.2 metres
Minimum Rear Yard Setback:
1.2 metres
Minimum Exterior Yard Setback:
3.0 metres
Maximum Building Height:
4.5 metres in all Residential
zones, and 5.5 metres in all other
zones
Maximum Gross Floor Area:
75 sq. m.
Notwithstanding any other provision of this By-law to the contrary, all other
performance standards related to an accessory structure shall continue to apply.
(l)
Parking:
(i)
Where an additional dwelling unit parking space is situated on a driveway, a
reduced parking space width of 2.5 m and length of 5.0m shall be permitted
for the additional dwelling unit.
(ii)
A parking space that is provided and maintained for the sole use of the
occupant of an additional dwelling unit or principal dwelling unit may be a
tandem parking space.
(iii)
No minimum parking space requirements are required for any additional
dwelling unit situated on a lot within a Protected Major Transit Station Area
as outlined/delineated within the Town of Whitby Official Plan.
(m)
Driveway Width:
Notwithstanding any other provision of this By-law to the contrary, a single vehicle
wide driveway with direct access to a garage or carport, may be widened to a
maximum width of 5.5m to accommodate additional parking spaces associated with
an additional dwelling unit(s).
(n)
Notwithstanding any other provision of this By-law to the contrary, an additional
dwelling unit shall be permitted within any legally existing Garden Suite that existed
on or prior to November 25, 2024.
Zoning By-Law 1784
Section 13.3 - 1
13.3
RESIDENTIAL TYPE 1 - VILLAGE OF BROOKLIN ZONE (R1-VB)
13.3.1
PERMITTED USES
No person shall within any R1-VB Zone use any lot or erect, alter or use any building or
structure for any purpose except for one or more of the following uses:
13.3.1.1
Single-detached dwelling
13.3.1.2
Group home
13.3.1.3
Repealed by By-law 6776-13
13.3.1.4
Accessory uses, buildings and structures
13.3.1.5
Public service
13.3.1.6
Public park
13.3.2
ZONE PROVISIONS
Notwithstanding the provisions of Section 5, as amended, any use, building, or structure in an
R1-VB Zone shall be established in accordance with the following provisions:
13.3.2.1
SINGLE-DETACHED DWELLING
13.3.2.1.1
LOT AREA (minimum)
525 m2
13.3.2.1.2
LOT FRONTAGE (minimum)
15 m
13.3.2.1.3
LOT DEPTH (minimum)
35 m
13.3.2.1.4
LOT COVERAGE (maximum)
30%
13.3.2.1.5
FRONT YARD (minimum)
established front building line
13.3.2.1.6
REAR YARD (minimum)
7.5 m
13.3.2.1.7
SIDE YARD (minimum)
13.3.2.1.7.1
INTERIOR
13.3.2.1.7.1.1
With an integral garage or carport
1.2 m on each side
13.3.2.1.7.1.2
Without an integral garage or carport
3.1 m on one side, and
1.2 m on the other side
13.3.2.1.7.1.3
Notwithstanding Sections 13.3.2.1.7.1.1 and 13.3.2.1.7.1.2, where an
attached or detached garage is located to the rear of the main dwelling unit
3.1 m on the side containing the driveway and 1.2m on the other side
13.3.2.1.7.2
EXTERIOR
3.0 m
13.3.2.1.7.3
BUILDING HEIGHT (maximum)
8.5 m or existing building
height, which-ever is the
greater
(6776-13)
Zoning By-Law 1784
Section 13.3 - 2
13.3.2.1.8
FLOOR SPACE INDEX (maximum)
0.45
13.3.2.1.9
PARKING (minimum)
In accordance with Section 13.2.6
13.3.2.1.10
LANDSCAPED OPEN SPACE (minimum)
30%
13.3.2.2
GROUP HOME
13.3.2.2.1
In accordance with Section 4(z) of By-law 1784.
13.3.2.3
HOME OCCUPATION
Repealed by By-law 6776-13
13.3.2.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
13.3.2.4.1
In accordance with Section 4(y)(a) of By-law 1784, as amended.
13.3.2.5
PUBLIC SERVICE
13.3.2.5.1
In accordance with Section 13.2.8.
13.3.2.6
PUBLIC PARK
13.3.2.6.1
In accordance with Section 13.8.2.
13.3.3
EXCEPTIONS
The following Zones apply to specific lands within an R1-VB Zone.
13.3.3.1
RESIDENTIAL TYPE 1 - VILLAGE OF BROOKLIN ZONE: EXCEPTION 1
Notwithstanding any provisions of this By-law to the contrary, any lot within an R1-VB-1
Zone may only be used for following uses:
13.3.3.1.1
Buildings and structures existing at the date of passing of this By-law.
13.3.3.1.2
All other uses permitted in the R1-VB Zone provided that such uses are not located
within the regulatory floodline or within the 3:1 slope of any river valley, and are not
located below the top of bank as determined by the Central Lake Ontario
Conservation Authority and the Town of Whitby. All other provisions of this By-law
shall apply.
13.3.3.2
RESIDENTIAL TYPE 1 - VILLAGE OF BROOKLIN ZONE: EXCEPTION 2
Notwithstanding any provisions of this By-law to the contrary, any lot within an R1-VB-2
Zone may be used for all of the uses in the R1-VB Zone, plus the following:
13.3.3.2.1
Clinic
All other provisions of this By-law shall apply.
(6776-13)
Zoning By-Law 1784
Section 13.3 - 3
13.3.3.3
RESIDENTIAL TYPE 1 - VILLAGE OF BROOKLIN: EXCEPTION 3
Notwithstanding Section 13.3.3.1.2 above, any lot within an "R1-VB-3" Zone may be used
for one single detached dwelling and accessory building.
No person shall construct a new habitable structure within the "R1-VB-3" Zone such that
any opening of any kind is located below the elevation of 158.7 m Canadian Geodetic
Datum.
For the purposes of determining the rear and side yard provisions of this By-law in an "R1-
VB-3" Zone, the yards shall be measured from the existing lot lines.
All other provisions of this By-law shall apply.
13.3.3.4
RESIDENTIAL TYPE 1 - VILLAGE OF BROOKLIN ZONE: EXCEPTION 4
Notwithstanding any provisions of this By-law to the contrary, any lot within an R1-VB-4
Zone may be used for all of the uses in the R1-VB Zone, plus the following:
13.3.3.4.1
A residential building containing two (2) dwelling units.
Notwithstanding any provisions of this By-law to the contrary, any use, building or
structure within an R1-VB-4 Zone shall be established in accordance with the
following provisions:
13.3.3.4.2
PARKING (minimum)
Residential building containing two (2) dwelling units
2.0 spaces per unit
All other provisions of this By-law shall apply.
(3862-96)
(5549-04)
Zoning By-Law 1784
Section 13.4 - 1
13.4
RESIDENTIAL TYPE 2 - VILLAGE OF BROOKLIN ZONE (R2-VB)
13.4.1
PERMITTED USES
No person shall within any R2-VB Zone use any lot or erect, alter or use any building or
structure for any purpose except for one or more of the following uses:
13.4.1.1
Single-detached dwelling
13.4.1.2
Semi-detached dwelling
13.4.1.3
Duplex dwelling
13.4.1.4
Group home
13.4.1.5
Repealed by By-law 6776-13
13.4.1.6
Accessory uses, buildings and structures
13.4.1.7
Public service
13.4.1.8
Public park
13.4.2
ZONE PROVISIONS
Notwithstanding the provisions of Section 5, as amended, any use, building, or structure in an
R2-VB Zone shall be established in accordance with the following provisions:
13.4.2.1
SINGLE-DETACHED, SEMI-DETACHED AND DUPLEX DWELLING
13.4.2.1.1
LOT AREA (minimum)
13.4.2.1.1.1
Single-detached
420 m2
13.4.2.1.1.2
Semi-detached
365 m2
13.4.2.1.1.3
Duplex
525 m2
13.4.2.1.2
LOT FRONTAGE (minimum)
13.4.2.1.2.1
Single-detached
12 m
13.4.2.1.2.2
Semi-detached
10.5 m
13.4.2.1.2.3
Duplex
15 m
13.4.2.1.3
LOT DEPTH (minimum)
35 m
13.4.2.1.4
LOT COVERAGE (maximum)
35%
13.4.2.1.5
FRONT YARD (minimum)
Established Front Building Line
13.4.2.1.6
REAR YARD (minimum)
7.5 m
13.4.2.1.7
SIDE YARD (minimum)
13.4.2.1.7.1
Interior
13.4.2.1.7.1.1
Single-detached
13.4.2.1.7.1.1.1
With an integral garage or carport
1.2 m on each side
(6776-13)
Zoning By-Law 1784
Section 13.4 - 2
13.4.2.1.7.1.1.2
Without an integral garage or carport
3.1 m on one side, and
1.2 m on the other side
13.4.2.1.7.1.1.3
Notwithstanding Sections 13.4.2.1. 7.1.-1.1
and 13.4.2.1.7.1.1.2, where an attached or
detached garage is located to the rear of the
main dwelling unit
3.1 m on the side
containing
the driveway and 1.2
m on
the other side
13.4.2.1.7.1.2
Semi-detached
13.4.2.1.7.1.2.1
With an integral garage or carport
1.2 m on the side not
attached to the
adjoining dwelling unit
13.4.2.1.7.1.2.2
Without an integral garage or carport
3.1 m on the side not
attached to the
adjoining dwelling unit
13.4.2.1.7.1.2.3
Notwithstanding Sections 13.4.2.1. 7.1.-2.1
and 13.4.2.1.7.1.2.2, where an attached or
detached garage is located to the rear of the
main dwelling unit
3.1 m on the side
containing the
driveway
13.4.2.1.7.1.3
Duplex
3.0 m
13.4.2.1.7.2
EXTERIOR
3.0 m
13.4.2.1.7.3
BUILDING HEIGHT (maximum)
8.5 m or existing building
height, whichever is the
greater
13.4.2.1.8
FLOOR SPACE INDEX (maximum)
13.4.2.1.8.1
Single-detached and duplex
0.40
13.4.2.1.8.2
Semi-detached
0.50
13.4.2.1.9
PARKING (minimum)
Repealed by By-law 6925-14
13.4.2.1.10
LANDSCAPED OPEN SPACE
Minimum
30%
13.4.2.2
GROUP HOME
13.4.2.2.1
In accordance with Section 4(z) of By-law 1784.
13.4.2.3
HOME OCCUPATION
Repealed by By-law 6776-13
13.4.2.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
13.4.2.4.1
In accordance with Section 4(y)(a) of By-law 1784, as amended.
(6925-14)
(6776-13)
Zoning By-Law 1784
Section 13.4 - 3
13.4.2.5
PUBLIC SERVICE
13.4.2.5.1
In accordance with Section 13.2.8.
13.4.2.6
PUBLIC PARK
13.4.2.6.1
In accordance with Section 13.8.2.
13.4.3
EXCEPTIONS
The following Zones apply to specific lands within an R2-VB Zone.
13.4.3.1
RESIDENTIAL TYPE 2 - VILLAGE OF BROOKLIN ZONE: EXCEPTION 1
Notwithstanding any provisions of this By-law to the contrary, any lot within an R2-VB-1
Zone may only be used for following uses:
13.4.3.1.1
Buildings and structures existing at the date of passing of this By-law.
13.4.3.1.2
All other uses permitted in the R2-VB Zone provided that such uses are not located
within the regulatory floodline, or within the 3:1 slope of any river valley, and are not
located below the top of bank as determined by the Central Lake Ontario
Conservation Authority and the Town of Whitby.
All other provisions of this By-law shall apply.
13.4.3.2
RESIDENTIAL TYPE 2 - VILLAGE OF BROOKLIN ZONE: EXCEPTION 2
Notwithstanding any provisions of this By-law to the contrary, any lot within an R2-VB-2
Zone may be used for all of the uses in the R2-VB-1 Zone, plus the following use:
13.4.3.2.1
Crisis residence for a maximum of 30 persons.
Notwithstanding any other provision of this By-law to the contrary, any use, building or
structure within an R2-VB-2 Zone shall be established in accordance with the
following provisions:
13.4.3.2.2
LOT AREA (minimum)
550 m2
13.4.3.2.3
LOT FRONTAGE (minimum)
15 m
13.4.3.2.4
LOT DEPTH (minimum)
35 m
13.4.3.2.5
LOT COVERAGE (maximum)
40%
13.4.3.2.6
FRONT YARD (minimum)
Established front building
Line, or 6 m, whichever
is the lesser
13.4.3.2.7
REAR YARD (minimum)
7.5 m
13.4.3.2.8
SIDE YARD (minimum)
13.4.3.2.8.1
Interior
3.0 m
13.4.3.2.8.2
Exterior
4.5 m
13.4.3.2.9
BUILDING HEIGHT (maximum)
8.5 m
13.4.3.2.10
FLOOR SPACE INDEX (maximum)
0.40
Zoning By-Law 1784
Section 13.4 - 4
13.4.3.2.11
PARKING (minimum)
In accordance with Section 13.2.6
13.4.3.2.12
LANDSCAPED OPEN SPACE (minimum)
30%
All other provisions of this By-law shall apply.
13.4.3.3
RESIDENTIAL TYPE 2 - VILLAGE OF BROOKLIN - EXCEPTION 3
Notwithstanding any provision of this By-law to the contrary, any lot within an 'R2-VB-3'
Zone may be used for all of the uses permitted in the 'R2-VB' Zone, and/or the following
additional use:
13.4.3.3.1
office
13.4.3.4
HOLDING RESIDENTIAL TYPE 2 - VILLAGE OF BROOKLIN - EXCEPTION 4 ZONE
4 CASSELS ROAD WEST
Notwithstanding any provision of this By-law to the contrary, any lot within an "H-R2-VB-4"
Zone may be used for all of the permitted uses in the "R2-VB" and "R2-VB-3" Zones and
for the following additional uses:
-
artist, photographic studio or design studio
-
bakeshop
-
clinic
-
confectionery shop
-
eating establishment, provided such use does not include a drive-thru
-
office
-
retail store provided such store does not include a convenience or variety retail store
13.4.3.4
RESIDENTIAL TYPE 2 - VILLAGE OF BROOKLIN - EXCEPTION 4
75 BALDWIN STREET
Notwithstanding any provision of this By-law, to the contrary, any lot with an R2-VB-4
Zone may be used for the following additional use:
13.4.3.4.1
An existing building constructed on, or prior to, January 2000.
13.4.3.4.2
All other uses permitted in the R2-VB Zone provided that such uses are not located
within the regulatory floodline, or within the 3:1 slope of any river valley and are not
located below the top of bank as determined by the Central Lake Ontario
Conservation Authority and the Town of Whitby.
13.4.3.4.3
Office to a maximum of 190 m2
All other provisions of this By-law shall apply.
13.4.3.5
RESIDENTIAL TYPE 2 - VILLAGE OF BROOKLIN - EXCEPTION 5
35 WINCHESTER ROAD EAST
Notwithstanding any provisions of this By-law to the contrary, the building existing at the
date of passing of this By-law situated within an R2-VB-5 Zone shall only be used for the
following uses:
13.4.3.5.1
All permitted uses in the R2-VB Zone
13.4.3.5.2
Office
13.4.3.5.3
Spa and salon
(5479-04)
(5822-06)
(6776-13)
(6776-13)
(5862-06)
(6776-13)
(6066-08)
(6776-13)
Zoning By-Law 1784
Section 13.5 - 1
13.5
MIXED USE RESIDENTIAL - VILLAGE OF BROOKLIN ZONE (MUR-VB)
13.5.1
PERMITTED USES
No person shall within any MUR-VB Zone use any lot or erect, alter or use any building or
structure for any purpose except for one or more of the following uses:
13.5.1.1
Bed and breakfast establishment in an existing dwelling
13.5.1.2
Converted dwelling
13.5.1.3
Boarding or lodging house in an existing dwelling
13.5.1.4
Existing single detached dwelling converted to permit one of the following uses: offices,
artist or photographic studios, school for the purposes of art, music or dance instruction
13.5.1.5
Retirement home in an existing dwelling
13.5.1.6
Crisis residence in an existing dwelling
13.5.1.7
Group home in an existing dwelling
13.5.1.8
Repealed by By-law 6776-13
13.5.1.9
Accessory uses, building and structures
13.5.1.10
Public service
13.5.1.11
Public park
13.5.2
ZONE PROVISIONS
Notwithstanding the provisions of Section 5, as amended, any use, building, or structure in an
MUR-VB Zone shall be established in accordance with the following provisions:
13.5.2.1
Bed and breakfast establishment, Converted dwelling, Boarding or lodging house,
and Retirement home, Crisis residence, Existing single detached converted to
offices or artistic or photographic studios
13.5.2.1.1
LOT AREA (minimum)
525 m2
13.5.2.1.2
LOT FRONTAGE (minimum)
15 m
13.5.2.1.3
LOT DEPTH (minimum)
35 m
13.5.2.1.4
LOT COVERAGE (maximum)
35%
13.5.2.1.5
FRONT YARD
13.5.2.1.5.1
Minimum
13.5.2.1.5.1.1
Where a lot fronts on Baldwin Street
Established Front Building
Line or 4.5 m, whichever is
the greater
13.5.2.1.5.1.2
Where a lot fronts on Cassels Road
Established Front Building
Line or 4.5 m, whichever is
greater
(6776-13)
(6776-13)
(5479-04)
(6776-13)
Zoning By-Law 1784
Section 13.5 - 2
13.5.2.1.5.1.3
Where a lot fronts on Winchester Road
Established Front Building
Line or 4.5 m, whichever
is greater
13.5.2.1.5.1.4
For all other locations
6.0 m
13.5.2.1.5.2
Maximum
13.5.2.1.5.2.1
Where a lot fronts on Baldwin Street
Established Front Building
Line or 7.5 m, whichever
is greater
13.5.2.1.5.2.2
Where a lot fronts on Cassels Road
Established Front Building
Line or 7.5 m, whichever
is greater
13.5.2.1.5.2.3
Where a lot fronts on Winchester Road
Established Front Building
Line or 7.5 m, whichever
is greater
13.5.2.1.5.2.4
For all other locations
0.0 m
13.5.2.1.6
REAR YARD
Minimum
7.5 m
13.5.2.1.7
SIDE YARD (minimum)
13.5.2.1.7.1
Interior
13.5.2.1.7.1.1
With an integral garage or carport
1.2 m
13.5.2.1.7.1.2
Without an integral garage or carport
1.2 m on one side, and
3.1 m on the other side
13.5.2.1.7.2
Exterior
4.5 m
13.5.2.1.8
BUILDING HEIGHT
13.5.2.1.8.1
Minimum
7.0 m
13.5.2.1.8.2
Maximum
8.5 m
13.5.2.1.9
FLOOR SPACE INDEX (maximum)
0.50
13.5.2.1.9.1
Notwithstanding any provision of this By-law to the contrary the maximum floor
space index (FSI) for lands zoned MUR-VB-5 shall be 1.50 of the floor space that
existed of the time of passing of this By-law.
13.5.2.1.10
PARKING (minimum)
Repealed by By-law 6925-14
13.5.2.1.11
LANDSCAPED OPEN SPACE (minimum)
30%
13.5.2.1.12
GROSS FLOOR AREA (minimum)
13.5.2.1.12.1
Boarding or lodging house, and retirement home
15 m2/ bed
13.5.2.2
Bed and breakfast establishment
13.5.2.2.1
A bed and breakfast establishment shall be conducted entirely within a dwelling unit.
(5479-04)
(5479-04)
(6925-14)
Zoning By-Law 1784
Section 13.5 - 3
13.5.2.2.2
The dwelling unit in which the bed and breakfast establishment is located shall be the
principal residence, as defined by the Income Tax Act, of the occupant of said
dwelling unit.
13.5.2.2.3
The occupant of the dwelling unit may employ or be assisted by no more than one
person in the operation of the bed and breakfast establishment.
13.5.2.2.4
A bed and breakfast establishment shall be secondary to the use of the dwelling unit
as a principal residence.
13.5.2.2.5
Guest bedrooms shall not occupy more than 25 % of the gross floor area of the
dwelling unit.
13.5.2.2.6
There shall be no exterior alteration to the dwelling unit to permit the bed and
breakfast establishment.
13.5.2.2.7
A bed and breakfast establishment shall not create or become a nuisance.
13.5.2.2.8
No goods, wares or merchandise shall be offered or exposed for sale on the
premises, but this shall not prohibit the serving of meals to guest.
13.5.2.2.9
Repealed by By-law 6925-14
13.5.2.3
Group Home
13.5.2.3.1
In accordance with Section 4(z) of By-law 1784.
13.5.2.4
Home Occupation
Repealed by By-law 6776-13
13.5.2.5
Accessory Uses, Buildings and Structures
13.5.2.5.1
In accordance with Section 4(y)(a) of By-law 1784, as amended.
13.5.2.6
Public Service
13.5.2.6.1
In accordance with Section 13.2.8.
13.5.2.7
Public Park
13.5.2.7.1
In accordance with Section 13.8.2.
13.5.3
EXCEPTIONS
The following Zones apply to specific lands within an MUR-VB Zone:
13.5.3.1
MIXED USE RESIDENTIAL - VILLAGE OF BROOKLIN: EXCEPTION 1
19 CASSELS ROAD EAST AND 23 PRINCESS STREET
Notwithstanding any provision of this By-law to the contrary, any lot with an MUR-VB-1
Zone may be used for all of the uses in the MUR-VB Zone, plus the following use:
13.5.3.1.1
An existing place of worship
Notwithstanding any provision of this By-law to the contrary, any use, building or
structure within an MUR-VB-1 Zone shall be established in accordance with the
following provisions:
(6776-13)
Zoning By-Law 1784
Section 13.5 - 4
13.5.3.1.2
Maximum Building Height for the existing place of worship is the existing height.
All other provisions of this By-law shall apply.
13.5.3.2
Repealed by By-law 5934-07
13.5.3.3
MIXED USE RESIDENTIAL - VILLAGE OF BROOKLIN - EXCEPTION 3
20 BALDWIN STREET
Notwithstanding any provision of this By-law to the contrary, any lot with an MUR-VB-3
Zone may be used for all of the uses in the MUR-VB Zone, plus the following uses:
13.5.3.3.1
one residential apartment unit; and,
13.5.3.3.2
one 27.87 m2 retail store.
13.5.3.3.3
Notwithstanding any provision of this By-law to the contrary, any lot within an 'MUR-
VB-3' Zone may be used for all of the uses permitted in the 'MUR-VB' Zone, and the
following additional uses within an existing building:
13.5.3.3.3.1
Bakeshop or confectionary shop
13.5.3.3.3.2
Personal service establishment
13.5.3.3.3.3
Photocopy shop
13.5.3.3.3.4
Retail store (such as and similar in kind to confectionary shop, clothing and/or
apparel shop, gift shop, antique shop)
13.5.3.4
MIXED USE RESIDENTIAL - VILLAGE OF BROOKLIN - EXCEPTION 4
1, 3, 5 CASSELS ROAD WEST
Repealed by By-law 7452-18
13.5.3.5
MIXED USE RESIDENTIAL - VILLAGE OF BROOKLIN - EXCEPTION 5 ZONE (MUR-
VB-5)
Notwithstanding any provision of this By-law to the contrary, any lot within an 'MUR-VB-5'
Zone may be used for all of the uses permitted in the 'MUR-VB' Zone, and the following
additional uses within an existing building:
13.5.3.5.1
Bakeshop or confectionary shop
13.5.3.5.2
Personal service establishment
13.5.3.5.3
Photocopy shop
13.5.3.5.4
Retail store (such as and similar in kind to confectionary shop, clothing and apparel
shop, gift shop, antique shop)
13.5.3.6
MIXED USE RESIDENTIAL - VILLAGE OF BROOKLIN - EXCEPTION 6 ZONE (MUR-
VB-6)
22 BALDWIN STREET
1.
USES PERMITTED
No person shall within any MUR-VB-6 Zone, use any lot or erect, alter or use any
building or structure except in accordance with one or more of the following uses:
-
all uses permitted by the MUR-VB-5 Zone
-
eating establishment on the ground floor of the building existing at the date
of the passing of this By-law.
-
one dwelling unit situated on the second floor of the building existing at the
date of the passing of this By-law.
(5121-02)
(5479-04)
(6776-13)
(5273-03)
(5479-04)
(6776-13)
(6373-10)
(5934-07)
(7452-18)
Zoning By-Law 1784
Section 13.5 - 5
2.
ZONE PROVISIONS
Notwithstanding any provisions of this By-law to the contrary, in any MUR-VB-6
Zone, the following provisions shall apply:
-
EATING ESTABLISHMENT FLOOR AREA
maximum
100 m2
-
DRIVEWAY WIDTH
minimum
3.0 m
-
NUMBER OF PARKING SPACES REQUIRED
Minimum
7.0 spaces
-
NUMBER OF PARKING SPACESTO BE PRO-
VIDED ON SITE
minimum
4.0 spaces
-
CASH-IN-LIEU OF PARKING SPACES
Cash-in-lieu of parking shall be provided for the number of parking spaces
not provided on site to a maximum of cash-in-lieu payment equivalent for up
to three spaces.
13.5.3.7
MIXED USE RESIDENTIAL - VILLAGE OF BROOKLIN - EXCEPTION 7 ZONE (MUR-
VB-7)
12 BALDWIN STREET
1.
USES PERMITTED
No person shall within any MUR-VB-7 Zone, use any lot or erect, alter or use any
building or structure except in accordance with one or more of the following uses:
-
all uses permitted by the MUR-VB Zone
-
office
-
one dwelling unit situated above the first floor
-
personal service establishment
-
retail store
2.
ZONE PROVISIONS
No person shall within any MUR-VB-7 Zone, use any lot or erect, alter or use any
building or structure except in accordance with the provisions of subsection
13.5.2.
Notwithstanding any provisions of this By-law to the contrary, in any MUR-VB-7
Zone, the following provisions shall apply:
(a)
FRONT YARD
Minimum Depth
5.0 m
Provided however that the minimum front
yard depth for any access porch and related
stairs to the main building shall be
2.0 m
13.5.3.8
Mixed Use Residential - Village of Brooklin - Exception 8 Zone (MUR-VB-8)
24 Princess Street
1.
Defined Area
The lands located south of Cassels Road and west of Princess Street and zoned
MUR-VB-8 shall be subject to the provisions as hereinafter contained. Matters
not specifically dealt with in this By-law shall be governed by the relevant
provisions of By-law #1784.
(6726-13)
(6776-13)
(7409-18)
Zoning By-Law 1784
Section 13.5 - 6
2.
Uses Permitted
No person shall within any MUR-VB-8 Zone, use any lot or erect, alter of use any
building or structure except in accordance with one or more of the following uses:
-
all uses permitted in the MUR-VB-5 Zone
-
one single detached dwelling situated only within the building existing at the
date of the passing of this By-law
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any MUR-VB-8
Zone, the following provisions shall apply:
(a)
Accessory Uses and Yard Encroachments
Any accessory uses and yard encroachments shall comply with the
provisions of subsection 4(y) Accessory Uses and Yard Encroachments
Permitted.
13.5.3.9
Mixed Use Residential - Village of Brooklin - Exception 9 Zone (MUR-VB-9)
1.
Defined Area
The land located south of Cassels Road and west of Princess Street and zoned
MUR-VB-9 shall be subject to the provisions as hereinafter contained. Matters
not specifically dealt with in this By-law shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
No person shall within any MUR-VB-9 Zone, use any lot or erect, alter of use any
building or structure except in accordance with one or more of the following uses:
-
apartment dwelling unit situated above the first flooring a building
with one or more non-residential uses
-
office
-
personal service establishment
-
retail store
-
studio
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any MUR-VB-9
Zone, the following provisions shall apply:
(a)
Rear Yard
Minimum
1.5m
(b)
Side Yard
Minimum - Interior
3.0m
Minimum - Exterior
1.5m
(c)
Height
Maximum
9.5m but no greater than 2 storeys
(d)
Floor Space Index
Maximum
0.7
(7409-18)
Zoning By-Law 1784
Section 13.5 - 7
(e)
Mixed Use Commercial/Residential Building
There shall be no non-residential uses permitted in any building situated
within 10 metres of the Cassels Road East street line unless the
building contains a minimum of one dwelling unit and a maximum of two
dwelling units situated above the first storey.
(f)
Location of Parking Areas and/or Parking Spaces
Any parking area and/or parking spaces shall be setback a minimum
distance of 1.5 metres from any street line and 1.5 metres from any
other lot line.
(g)
Number of Parking Spaces Required
Minimum
15 spaces
Notwithstanding provision (g) above, the minimum number of parking
spaces provided on site shall be 4 spaces and cash-in-lieu of parking
shall be provided for the 11 parking spaces not provided on site.
Zoning By-Law 1784
Section 13.6 - 1
13.6
INSTITUTIONAL - VILLAGE OF BROOKLIN ZONE (I-VB)
13.6.1
PERMITTED USES
No person shall within an I-VB Zone use any lot or erect, alter or use any building or structure
for any purpose except for one or more of the following uses:
13.6.1.1
Offices of a public agency
13.6.1.2
Community centre
13.6.1.3
Crisis centre
13.6.1.4
Repealed by By-law 6925-14
13.6.1.5
Long Term Care Facility
13.6.1.6
Retirement home
13.6.1.7
Day nursery
13.6.1.8
Place of worship
13.6.1.9
Fire Station
13.6.1.10
Hospital
13.6.1.11
Private club
13.6.1.12
School
13.6.1.13
Private School
13.6.1.14
Clinic
13.6.1.15
Library of a public agency
13.6.1.16
Museum of a public agency
13.6.1.17
Theatre of a public agency
13.6.1.18
Artist or photographic studio of a public agency
13.6.1.19
Accessory caretaker's residence
13.6.1.20
Accessory uses, buildings and structures
13.6.1.21
Public service
13.6.1.22
Public park
13.6.2
ZONE PROVISIONS
Notwithstanding Section 10C, as amended, any use, building or structure in an I-VB Zone shall
be established in accordance with the following provisions:
(6925-14)
(6925-14)
Zoning By-Law 1784
Section 13.6 - 2
13.6.2.1
DAY NURSERY
13.6.2.1.1
LOT AREA (minimum)
550 m2
13.6.2.1.2
LOT FRONTAGE (minimum)
15 m
13.6.2.1.3
LOT DEPTH (minimum)
35 m
13.6.2.1.4
LOT COVERAGE (maximum)
35%
13.6.2.1.5
FRONT YARD (minimum)
Established Front
Building Line
13.6.2.1.6
REAR YARD (minimum)
7.5 m
13.6.2.1.7
SIDE YARD (minimum)
13.6.2.1.7.1
Interior
3.0 m
13.6.2.1.7.2
Exterior
4.5 m
13.6.2.1.8
BUILDING HEIGHT (maximum)
8.5 m
13.6.2.1.9
PARKING (minimum)
In accordance with Section 13.2.6
13.6.2.1.10
LANDSCAPED OPEN SPACE (minimum)
30%
13.6.2.2
SCHOOL, PRIVATE SCHOOL AND PLACE OF WORSHIP
13.6.2.2.1
LOT AREA (minimum)
700 m2
13.6.2.2.2
LOT FRONTAGE (minimum)
20 m
13.6.2.2.3
LOT DEPTH (minimum)
35 m
13.6.2.2.4
LOT COVERAGE (maximum)
40%
13.6.2.2.5
FRONT YARD (minimum)
12 m
13.6.2.2.6
REAR YARD (minimum)
13.6.2.2.6.1
Adjacent to a C1 Zone
4.0 m
13.6.2.2.6.2
Adjacent to all other Zones
15 m
13.6.2.2.7
SIDE YARD (minimum)
13.6.2.2.7.1
Interior
13.6.2.2.7.1.1
Abutting a Residential Zone
12 m
13.6.2.2.7.1.2
Abutting any other Zone category
7.5 m
13.6.2.2.7.2
Exterior
7.5 m
13.6.2.2.8
BUILDING HEIGHT (maximum)
10.5 m
13.6.2.2.9
PARKING (minimum)
Repealed by By-law 6925-14
13.6.2.2.10
LANDSCAPED OPEN SPACE (minimum)
25%
(6925-14)
Zoning By-Law 1784
Section 13.6 - 3
13.6.2.3
LONG TERM CARE FACILITY AND RETIREMENT HOME
13.6.2.3.1
LOT AREA (minimum)
30 m2/bed
13.6.2.3.2
LOT FRONTAGE (minimum)
15 m
13.6.2.3.3
LOT DEPTH (minimum)
35 m
13.6.2.3.4
LOT COVERAGE (maximum)
40%
13.6.2.3.5
FRONT YARD (minimum)
Established Front Building Line
13.6.2.3.6
REAR YARD (minimum)
7.5 m
13.6.2.3.7
SIDE YARD (minimum)
13.6.2.3.7.1
Interior
3.0 m
13.6.2.3.7.2
Exterior
6.0 m
13.6.2.3.8
BUILDING HEIGHT (maximum)
10.5 m
13.6.2.3.9
PARKING (minimum)
Repealed by By-law 6925-14
13.6.2.3.10
LANDSCAPED OPEN SPACE (minimum)
30%
13.6.2.3.11
GROSS FLOOR AREA (minimum)
30 m2/bed
13.6.2.4
ALL OTHER PERMITTED USES
13.6.2.4.1
LOT AREA (minimum)
525 m2
13.6.2.4.2
LOT FRONTAGE (minimum)
15 m
13.6.2.4.3
LOT DEPTH (minimum)
35 m
13.6.2.4.4
LOT COVERAGE (maximum)
30%
13.6.2.4.5
FRONT YARD (minimum)
Established Front Building Line
13.6.2.4.6
REAR YARD (minimum)
7.5 m
13.6.2.4.7
SIDE YARD (minimum)
13.6.2.4.7.1
Interior
1.5 m/storey
13.6.2.4.7.2
Exterior
4.5 m
13.6.2.4.8
BUILDING HEIGHT (maximum)
10.5 m
13.6.2.4.9
PARKING (minimum)
Repealed by By-law 6925-14
13.6.2.4.10
LANDSCAPED OPEN SPACE (minimum)
20%
13.6.2.5
ACCESSORY CARETAKERS RESIDENCE
13.6.2.5.1
LOT AREA (minimum)
59 m2 in addition to the
Minimum lot area for
the principal use
(6925-14)
(6925-14)
(6925-14)
Zoning By-Law 1784
Section 13.6 - 4
13.6.2.5.2
PARKING (minimum)
Repealed by By-law 6925-14
13.6.2.5.3
Shall only be located in a building containing one or more permitted non-residential
uses.
13.6.2.5.4
All applicable provisions contained within Section 13.6 shall apply.
13.6.2.5.5
Private Amenity Space
20 m2/unit
13.6.2.6
ACCESSORY USES, BUILDINGS AND STRUCTURES
13.6.2.6.1
In accordance with Section 4(y)(a) of By-law 1784, as amended.
13.6.2.7
PUBLIC SERVICE
13.6.2.7.1
In accordance with Section 13.2.8.
13.6.2.8
PUBLIC PARK
13.6.2.8.1
In accordance with Section 13.8.2.
(6925-14)
By-Law 1784
Section 13.7 - 1
13.7
OPEN SPACE - VILLAGE OF BROOKLIN (OS-VB)
13.7.1
PERMITTED USES
No person shall within an OS-VB Zone use any lot or erect, alter or use any building or
structure for any purpose except for one or more of the following uses:
13.7.1.1
Public park
13.7.1.2
Private park
13.7.1.3
Community centre
13.7.1.4
Accessory caretakers' residence
13.7.1.5
Accessory uses, buildings and structures
13.7.1.6
Public service
13.7.2
ZONE PROVISIONS
Notwithstanding Section 10A, as amended, any use, building or structure in an OS-VB Zone
shall be established in accordance with the following provisions:
13.7.2.1
PUBLIC PARK, PRIVATE PARK, AND COMMUNITY CENTRE
13.7.2.1.1
LOT AREA (minimum)
13.7.2.1.1.1
Public and Private Park
0.0 m2
13.7.2.1.1.2
Community Centre
1000 m2
13.7.2.1.2
LOT FRONTAGE (minimum)
13.7.2.1.2.1
Public and Private Park
0.0 m
13.7.2.1.2.2
Community Centre
25 m
13.7.2.1.3
LOT DEPTH (minimum)
13.7.2.1.3.1
Public and Private Park
0.0 m
13.7.2.1.3.2
Community Centre
40 m
13.7.2.1.4
LOT COVERAGE (maximum)
30%
13.7.2.1.5
FRONT YARD (minimum)
13.7.2.1.5.1
Abutting a C1-VB Zone
4.0 m
13.7.2.1.5.2
Abutting any other Zone
6.0 m
13.7.2.1.6
REAR YARD (minimum)
7.5 m
13.7.2.1.7
SIDE YARD (minimum)
13.7.2.1.7.1
Interior
3.0 m
13.7.2.1.7.2
Exterior
6.0 m
13.7.2.1.8
BUILDING HEIGHT (maximum)
10.5 m
By-Law 1784
Section 13.7 - 2
13.7.2.1.9
PARKING (minimum)
Repealed by By-law 6925-14
13.7.2.1.10
LANDSCAPED OPEN SPACE (minimum)
30%
13.7.2.2
ACCESSORY CARETAKERS' RESIDENCE
13.7.2.2.1
LOT AREA (minimum)
59 m2
in addition to the minimum lot area for the principal use.
13.7.2.2.2
SIDE YARD (minimum)
4.5 m for the portion of
the building containing
the residence.
13.7.2.2.3
GROSS FLOOR AREA (minimum)
50 m2
13.7.2.3
ACCESSORY USES, BUILDINGS AND STRUCTURES
13.7.2.3.1
In accordance with Section 4(y)(a) of By-law 1784, as amended.
13.7.2.4
PUBLIC SERVICE
13.7.2.4.1
In accordance with Section 13.2.8.
(6925-14)
By-Law 1784
Section 13.8 - 1
13.8
COMMERCIAL 1 - VILLAGE OF BROOKLIN ZONE (C1-VB)
13.8.1
PERMITTED USES
No person shall within any C1-VB Zone use any lot or erect, alter or use any building or
structure for any purpose except for one or more of the following uses:
13.8.1.1
Apartment dwelling units, in conjunction with one or more of the non-residential uses
permitted by this Section, excluding the following uses:
-
Uses permitted in an Institutional - Village of Brooklin Zone (I-VB).
-
Public parking lot.
-
Public park.
13.8.1.2
Artist or photographic studio
13.8.1.3
Bakeshop
13.8.1.4
Bed and Breakfast Establishment in an existing single detached dwelling
13.8.1.5
Catalogue Store
13.8.1.6
Commercial school
13.8.1.7
Convenience Retail Store
13.8.1.8
Clinic
13.8.1.9
Crisis centre
13.8.1.10
Eating establishment
13.8.1.11
Funeral home
13.8.1.12
Financial institution
13.8.1.13
Health club
13.8.1.14
Hotel
13.8.1.15
Office
13.8.1.16
Public parking lot
13.8.1.17
Personal service establishment
13.8.1.18
Place of entertainment
13.8.1.19
Photocopy shop
13.8.1.20
Postal Station
13.8.1.21
Private club
13.8.1.22
Retail store
13.8.1.23
Service or repair shop
(6776-13)
By-Law 1784
Section 13.8 - 2
13.8.1.24
Taxi establishment
13.8.1.25
Uses permitted in an Institutional - Village of Brooklin Zone (I-VB)
13.8.1.26
Veterinary Clinic
13.8.1.27
Accessory caretaker's residence
13.8.1.28
Home Occupation
Repealed by By-law 6776-13
13.8.1.29
Accessory uses, buildings and structures
13.8.1.30
Public service
13.8.1.31
Public park
13.8.2
ZONE PROVISIONS
Notwithstanding the provisions of Section 6, as amended, any use, building, or structure in an
C1-VB Zone shall be established in accordance with the following provisions:
13.8.2.1
ALL NON-RESIDENTIAL AND INSTITUTIONAL USES
13.8.2.1.1
LOT AREA (minimum)
0.0 m2
13.8.2.1.2
LOT FRONTAGE (minimum)
0.0 m
13.8.2.1.3
LOT DEPTH (minimum)
0.0 m
13.8.2.1.4
LOT COVERAGE (maximum)
90%
13.8.2.1.5
FRONT YARD
13.8.2.1.5.1
Minimum
13.8.2.1.5.1.1
Where a lot fronts on Baldwin Street
Established Front Building
Line, or 2.0m whichever is
the greater
13.8.2.1.5.1.2
All other locations
3.0 m
13.8.2.1.5.2
Maximum
13.8.2.1.5.2.1
Where a lot fronts on Baldwin Street
Established Front Building
Line or 4.0 m whichever is
the greater
13.8.2.1.5.2.2
All other locations
Established Front Building
Line, or 7.5 m whichever is
the greater
13.8.2.1.6
REAR YARD (minimum)
13.8.2.1.6.1
Where the rear yard is adjacent to a Residential
Zone
6.0 m
13.8.2.1.6.2
Adjacent to all other zones
0.0 m
13.8.2.1.7
SIDE YARD
(6776-13)
By-Law 1784
Section 13.8 - 3
13.8.2.1.7.1
Minimum
13.8.2.1.7.1.1
Interior
13.8.2.1.7.1.1.1
Where the interior side yard is adjacent to a Residential
Zone
4.0 m
13.8.2.1.7.1.1.2
Adjacent to all other zones
2.0 m
13.8.2.1.7.1.1.3
Where a lot has a frontage of less than 12 m
0.0 m
13.8.2.1.7.1.2
Exterior
2.0 m
13.8.2.1.7.2
Maximum (Interior and Exterior)
13.8.2.1.7.2.1
Where a driveway is provided in the side yard
6.0 m
13.8.2.1.7.2.2
Adjacent to a Residential Zone
0.0 m
13.8.2.1.7.2.3
In all other cases
4.0 m
13.8.2.1.8
BUILDING HEIGHT
13.8.2.1.8.1
Minimum
13.8.2.1.8.1.1
For all buildings or structures which legally
existed on the date passing of this By-law
Existing height or 7.0 m,
whichever is the lesser
13.8.2.1.8.1.2
For all other buildings or structures
7.0 m
13.8.2.1.8.2
Maximum
13.8.2.1.8.2.1
Within 8.0 m of a Residential Zone
7.0 m
13.8.2.1.8.2.2
All other locations
10.5 m
13.8.2.1.9
FLOOR SPACE INDEX (maximum)
2.0
13.8.2.1.10
PARKING (minimum)
Repealed by By-law 6925-14
13.8.2.1.11
LANDSCAPED OPEN SPACE (minimum)
13.8.2.1.11.1
For all lots where a building or structure legally existed
on the date of passing of this By-law
Existing landscaped open
space or 10 % whichever is
the lesser
13.8.2.1.11.2
For all other lots
10 %
13.8.2.1.12
GROSS FLOOR AREA (minimum)
13.8.2.1.12.1
Long Term Care Facility, and Retirement Home
30 m2/ bed
13.8.2.2
APARTMENT DWELLINGS AND ACCESSORY CARETAKER'S RESIDENCE
13.8.2.2.1
LOT AREA (minimum)
13.8.2.2.1.1
Accessory Caretakers residence
59 m2/ unit
13.8.2.2.1.2
Apartment Dwellings
87 m2/ unit
13.8.2.2.2
Separation Distances for Buildings on the Same Lot
(6925-14)
(6925-14)
By-Law 1784
Section 13.8 - 4
13.8.2.2.2.1
For buildings with a maximum height of three storeys:
Wall containing a
Window of a:
Living
Room
Habitable
Room
Blank
Wall
Living Room
15 m
13.5 m
7.5 m
Habitable Room
13.5 m
9.0 m
4.5 m
Blank Wall
7.5 m
4.5 m
3.0 m
13.8.2.2.2.2
For buildings with a maximum height greater than three storeys:
13.8.2.2.2.2.1
For each storey above three storeys, an additional building separation
distance of 1.0 m per storey shall be provided where the wall contains a
window of a living room or habitable room
13.8.2.2.2.3
Where a building wall contains a window of both a living room and a habitable
room, the building separation distance for the living room shall apply.
13.8.2.2.2.4
Where a pedestrian access or walkway is provided between two buildings and
both building walls contain a blank wall, the building separation distance shall be
1.5 m plus the distance specified herein.
13.8.2.2.3
PRIVATE AMENITY SPACE (minimum)
13.8.2.2.3.1
Apartment dwelling
9.0 m2/ unit
13.8.2.2.3.2
Accessory caretaker's residence
20 m2/ unit
13.8.2.2.4
PARKING (minimum)
Repealed by By-law 6925-14
13.8.2.2.5
Apartment dwellings and accessory caretaker's residence shall only be located in a
building containing one or more permitted non-residential uses, in accordance with
Section 13.8.1.
13.8.2.2.6
Apartment dwellings and accessory caretaker's residences shall not be located on the
first storey of the building.
13.8.2.2.7
All other applicable provisions related to non-residential uses shall apply.
13.8.2.3
HOME OCCUPATION
Repealed by By-law 6776-13
13.8.2.4
ACCESSORY USES, BUILDINGS AND STRUCTURES
13.8.2.4.1
In accordance with Section 4(y)(a) of By-law 1784, as amended.
13.8.2.5
PUBLIC SERVICE
13.8.2.5.1
In accordance with Section 13.2.8.
13.8.2.6
PUBLIC PARK
13.8.2.6.1
In accordance with Section 13.8.2
(6925-14)
(6776-13)
By-Law 1784
Section 13.8 - 5
13.8.3
EXCEPTIONS
The following Zones apply to specific lands within an C1-VB Zone:
13.8.3.1
COMMERCIAL TYPE 1 - VILLAGE OF BROOKLIN ZONE: EXCEPTION 1 (C1-VB-1)
23 CASSELS ROAD EAST
Notwithstanding any provisions of this By-law to the contrary, any lot within an C1-VB-1
Zone may only be used for the following uses:
13.8.3.1.1
Buildings and structures existing at the date of passing of this By-law.
13.8.3.1.2
All other uses permitted in the C1-VB zone provided that such uses are not located
within the regulatory floodline, or within the 3: 1 slope of any river valley and are not
located .below ·the· top of bank as determined by the Central Lake Ontario
Conservation Authority and the Town of Whitby.
All other provisions of this By-law shall apply.
13.8.3.2
COMMERCIAL TYPE 1 - VILLAGE OF BROOKLIN ZONE: EXCEPTION 2 (C1-VB-2)
Notwithstanding any provision of this By-law to the contrary, any use, building or structure
within an C1-VB-2 Zone shall be established in accordance with the following provisions:
13.8.3.2.1
FRONT YARD
13.8.3.2.1.1
Minimum
Established Front Building
Line or 3.0 m whichever
is the greater
13.8.3.2.1.2
Maximum
Established Front Building
Line or 7.5 m, whichever
is the greater
All other provisions of this By-law shall apply.
13.8.3.3
Commercial Type 1 - Village of Brooklin Zone:
Exception 3 (C1-VB-3)
91, 95, 99 Baldwin Street North
Repealed and Replaced by By-law Amendment 7309-17
Repealed and Replaced by By-law Amendment 8193-25
1.
Defined Area
The lands located east of Baldwin Street and south of George Street zoned C1-
VB-3 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law amendment shall be governed by the
relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any C1-VB-3 Zone use any lot or erect, alter or use any
building or structure except for one or more of the following uses:
-
All uses permitted within the C1-VB Zone
-
Apartment building
-
Mixed-Use building
-
Multiple attached dwelling
Provided however that any apartment building and/or multiple attached dwelling
shall only be permitted when developed in conjunction with a mixed-use building.
(3760-95)
(3760-95)
(4670-00)
(7309-17)
(8193-25)
By-Law 1784
Section 13.8 - 6
3.
Zone Provisions
No person shall within any C1-VB-3 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784 and notwithstanding the obtaining of any
severance by way of a consent under the provisions of the Planning Act,
R.S.O. 1990, C. P.13 as amended from time to time, or the registration
at any time of any Condominium Declaration, a Plan of Subdivision, or
conveyance with respect to any portion of the said land, the land zoned
C1-VB-3 and G situated beyond the Regional Flood Line by this By-law
shall be considered to be one lot.
(b)
Zone Boundary Determination
The zone boundary between the C1-VB-3 Zone and the G Zone that is
situated beyond the Regional Flood Line and the G Zone below the
Regional Flood Line shall be determined based on the identification of
the Regional Flood Line by the Central Lake Ontario Conservation
Authority and the Town of Whitby.
(c)
Front Yard
Minimum Depth
3.0 m
Maximum Depth
5.0 m
(d)
Rear Yard
Minimum depth to the Regional Flood Line
6.0
(e)
Interior Side Yard
(i)
The minimum interior side yard setback for any main building
situated within 30 metres of George Street shall be 3.0 metres.
(ii)
The minimum interior side yard setback for any main building
situated further than 30 metres from George Street shall be 5.5
metres.
(f)
Exterior Side Yard
Minimum Width
2.0 m
Maximum Width
4.0 m
(g)
Building Height
Minimum
2 storeys
Maximum
4 storeys
(h)
Landscaped Open Space
Minimum
15% of the lot area
(i)
Common/Private Amenity Space
Minimum
5.0 sq. m/unit
(j)
Setback to Aisles and/or Driveway
The minimum separation distance from the end wall of a main building
to an aisle and/or driveway shall be 1.8 m
By-Law 1784
Section 13.8 - 7
(k)
Separation Distance Between Buildings on the Same Lot
The minimum separation distance between buildings on the same lot
shall be 13.0 m.
(l)
Parking
Residential (Minimum)
1.09 spaces per dwelling unit, plus 0.1 spaces per dwelling unit
dedicated for visitor parking.
Non-Residential (Minimum)
1 parking space per 80.0 square metres of gross floor area.
(m)
Decks, Porches, Steps, Patios and Balconies
Notwithstanding any provisions of subsection 4(y) Yard Encroachments
Permitted, provision (c) Decks, Porches, Steps, Patios and Balconies to
the contrary;
(i)
Decks, porches, steps, patios, and balconies situated in the
front yard, interior side yard, or exterior side yard are permitted
to project from the main wall of a building provided they are set
back a minimum distance of 0.5m from a street line and 3.0m
from an interior lot line.
(ii)
Decks, porches, steps, patios and balconies situated in the
rear yard are permitted to project into the C1-VB-3 Zone and
into the G Zone from a dwelling unit a maximum distance of
2.0 metres from the rear main wall of a dwelling unit.
(n)
Location of Parking Areas and/or Parking Spaces
Any above grade/surface parking area and/or parking spaces shall be
set back a minimum distance of 2.5 m from any street line, 2.0 m from
any main building and 1.0 m from any other lot line.
(o)
Accessory Structure and/or Activity Building
Notwithstanding the definitions of Accessory Structure and Activity
Building in Section 2 Definitions of this By-law to the contrary, an
accessory structure and/or activity building may be attached to a main
building and may be used to house and store equipment and utility
devices related to the principal uses on the lot.
(p)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an elevator
penthouse, mechanical room, stair tower, roof top access room, amenity
space and any architectural features shall not exceed 3.5 metres.
(q)
Definitions
For the purpose of the interpretation of the various zone provisions set
forth above, the following definitions shall apply and where there is a
conflict between the definitions set forth hereunder and those set forth in
Section 2 of By-law # 1784 the following definitions shall apply:
"Dwelling, Multiple Attached" means a building that contains four or
more dwelling units with each dwelling unit accessed by one or more
common entrances or corridors and may also contain some dwelling
units accessed only directly from the outside.
By-Law 1784
Section 13.8 - 8
"Mixed Use Building" means a building containing residential uses
and at least one non-residential use.
(r)
Zone Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall not
apply to the lands zoned C1-VB-3 by this By-law:
-
4(g) Sight Triangles
-
4(m) Ten Percent (%) of Every Lot
-
4(w) Satellite Dishes
13.8.3.4
COMMERCIAL TYPE 1 - VILLAGE OF BROOKLIN ZONE: EXCEPTION 4 (C1-VB-4)
3 WINCHESTER ROAD EAST
Notwithstanding any provisions of this By-law to the contrary, any lot within a 'C1-VB-4'
Zone may be used for an additional use of a supermarket.
13.8.3.4
COMMERCIAL TYPE 1 - VILLAGE OF BROOKLIN ZONE: EXCEPTION 4 (C1-VB-4)
31 BALDWIN STREET NORTH
Notwithstanding any provision of this By-law to the contrary any use, building or structure
within a "C1-VB-4" Zone shall be established in accordance with the following provisions:
13.8.3.4.1
FRONT YARD
minimum
3.0 m
maximum
5.0 m
13.8.3.4.2
REAR YARD (minimum)
0.0 m
13.8.3.4.3
INTERIOR YARD (minimum)
1.5 m
13.8.3.4.4
BUILDING HEIGHT
minimum
7.0 m
maximum
10.5 m
13.8.3.4.5
PARKING (minimum)
26 spaces
13.8.3.5
COMMERCIAL TYPE 1 - VILLAGE OF BROOKLIN ZONE: EXCEPTON 5 (C1-VB-5)
64 BALDWIN STREET
Temporary Use Expired
13.8.3.6
COMMERCIAL TYPE 1 VILLAGE OF BROOKLIN ZONE: EXCEPTION 6 (C1-VB-6)
11, 19, 23 BALDWIN STREET AND 12, 14, 18, 20 WINCHESTER ROAD EAST
(1)
USES PERMITTED
No person shall within any C1-VB -6 Zone use any lot or erect, alter or use any
building or structure except in accordance with one or more of the following uses:
-
all uses permitted in the C1-VB Zone
-
converted dwelling situated only in a building with frontage on Durham Street
-
day nursery
-
dwelling unit situated above the first floor and only in a building with frontage
on Durham Street or Baldwin Street.
Provided that no drive through facilities shall be permitted in conjunction with any
permitted uses listed above.
(4893-01)
(4704-00)
(5479-04)
(5099-02)
(5574-05)
(6396-10)
By-Law 1784
Section 13.8 - 9
(2)
ZONE PROVISIONS
No person shall within any C1-VB-6 Zone use any lot or erect, alter or use any
building or structure except in accordance with the following provisions:
(a)
DETERMINATION OF LOT
Notwithstanding the definition of 'Lot' in Section 13.1 and any other
provisions of By-law # 1784, and notwithstanding the obtaining of any
severance by way of a consent under the provisions of the Planning Act,
R.S.O. 1990, C. P.13 as amended from time to time, or registration at any
time of any Condominium Declaration, a Plan of Subdivision, or conveyance
with respect to any portion of the said land, the whole of the land zoned C1-
VB-6 by this By-law shall be considered one lot for the purposes of applying
the zone provisions of this By-law.
(b)
YARD DEPTHS
(i)
Where lot abuts Baldwin Street
Minimum
3.0 m
Maximum
5.0 m
(ii)
Where lot abuts Durham Street
Minimum
0.0 m
Maximum
4.0 m
(iii)
Where lot abuts Winchester Road East
Minimum
0.5 m
Maximum
4.0 m
(c)
INTERIOR SIDE YARD
Minimum
0.0 m
Notwithstanding provision (c) above, the minimum interior side
yard depth where a lot line abuts a zone category other than
the C1-VB Zone, shall be
1.2 m
(d)
LANDSCAPED OPEN SPACE
Minimum
15%
(e)
MIXED USE COMMERCIAL RESIDENTIAL BUILDING
There shall be no non-residential uses permitted in any building abutting
Baldwin Street and situated within 60 metres of the north lot line unless such
building contains a minimum of 10 dwelling units above the first storey.
(f)
BUILDING HEIGHT
(i)
Where any building abuts Baldwin Street and is situated within 60
metres of the north lot line:
Minimum
7.0 m
Maximum
12.5 m
(ii)
Where any building abuts Durham Street and Winchester Road
East:
Minimum
7.0 m
Maximum
10.5 m
By-Law 1784
Section 13.8 - 10
(g)
PARKING AREA REQUIREMENTS
(i)
Number of Parking Spaces
-
Residential (minimum)
1.5 spaces per dwelling unit
-
Non-Residential Uses (minimum)
4 spaces per 93 m2 of
gross leasable area
or part thereof on the
first storey and 2
spaces per 93 m2 of
gross floor area above
the first storey.
(ii)
Location of Parking Spaces
Parking may be located in all yards provided that no part of any
parking area, other than a driveway, is located closer than 3.0
metres from Baldwin Street and 1.0 metre from any other street
line.
(iii)
Location of Parking Spaces on Adjacent Lands
Notwithstanding provisions (i) and (ii) above, any required parking
spaces for any non-residential use may be provided on an abutting
lot within either a C1-VB Zone or an MUR-VB-5 Zone provided that
an appropriate agreement securing the continuation and
maintenance of the required parking spaces is entered into with the
Town and with the abutting property owner and registered against
both properties.
(h)
LOADING AREA REQUIREMENTS
(i)
Number of Loading Spaces
Minimum
1 space
(ii)
Dimensions of Loading Space
Minimum
Length
12.5 m
Width
3.5 m
Height
4.5 m
(i)
ACCESS FOR LOADING
The driveway and/or aisle providing access to a loading space shall have a
minimum width of 7.0 metres.
(3)
HOLDING PROVISION
Repealed by By-law 6601-12
13.8.3.7
Commercial Type 1 Village of Brooklin Zone: Exception 7 (C1-VB-7)
72 & 76 Baldwin Street and 15 Price Street
(1)
Defined Area
The lands located at the south-west corner of Way Street and Baldwin Street and zoned C1-
VB-7 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt
with in this By-law shall be governed by the relevant provisions of By-law #1784.
(2)
Zone Provisions
(7313-17)
(6601-12)
By-Law 1784
Section 13.8 - 11
No person shall within any C1-VB-7 Zone use any lot or erect, alter or use any building or
structure except in accordance with the following provisions:
(a)
Front Yard (Baldwin Street)
Minimum Depth
5m
Maximum Depth
6m
(b)
Rear Yard
Minimum Depth
3m
(c)
Interior Side Yard
Minimum Width
2m
(d)
Exterior Side Yard
Minimum Width
2m
Maximum Width
4m
(e)
Building Height
Maximum
11m
(f)
Landscaped Open Space
Minimum
10% of the lot area
(g)
Parking Spaces Required
Minimum
1 parking space per
35 square metres of gross floor
area
(h)
Location of Parking Areas and/or Parking Spaces
Any parking area and/or parking spaces shall be setback a minimum distance of 2.5
metres from any street line, 2.0 metres from any main building and 1.0 metre from
any other lot line.
(i)
Loading Area Requirements
(i)
Number of Loading Spaces
Minimum
1 space
(ii)
Dimensions of Loading Space
Minimum Length
10.0m
Minimum Width
3.5m
Minimum Height
4.5m
(j)
Zoning Provisions That Do Not Apply
The following subsections of Section 4 - General Provisions shall not apply to the
lands zoned C1-VB-7 by this By-law:
4(m) Ten Percent (10%) of Every Lot
4(w) Satellite Dishes
13.8.3.8
Commercial Type 1-Village of Brooklin Zone: Exception 8 (C1-VB-8)
1, 3, 5 Cassels Road West
1.
Defined Area
(7452-18)
By-Law 1784
Section 13.8 - 12
(a)
The lands located at the south-west corner of Cassels Road West and
Baldwin Street and zoned C1-VB-8 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-law
shall be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
(a)
No person shall within any C1-VB-8 Zone use any lot or erect, alter or
use any building or structure except in accordance with one or more of
the following uses:
-
apartment dwelling unit in a building with one or more non-
residential uses
-
office
-
personal service establishment
-
retail store
-
studio
(b)
Notwithstanding the uses permitted listed above, only the following uses
shall be permitted in the existing building constructed prior to
September 17, 2018:
-
day nursery
-
private school
3.
Zone Provisions
No person shall within any C1-VB-8 Zone, use any lot or erect, alter or use any
building or structure except in accordance with the zone provisions of subsection
13.8.2.1.
Notwithstanding any provisions of this By-law to the contrary in any C1-VB-8
Zone the following provisions shall apply:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other
provisions of By-law #1784, and notwithstanding the obtaining of any
severance by way of a consent under the provisions of the Planning Act,
R.S.O. 1990, C.P.13 as amended from time to time, or the registration
at any time of any Condominium Declaration, a Plan of Subdivision, or
conveyance with respect to any portion of the said land, the land zoned
C1-VB-8 by this By-law shall be considered to be one lot.
(b)
Front Yard (Baldwin Street)
Minimum Depth
3.5m
Maximum Depth
5.0m
(c)
Exterior Side Yard
Minimum Width
2.0m
Maximum Width
3.5m
(d)
Building Height
Maximum
3 storeys
By-Law 1784
Section 13.8 - 13
(e)
Mixed Use Commercial/Residential Building
There shall be no non-residential uses permitted in any building situated
within 10 metres of the Baldwin Street street line unless the building
contains a minimum of one dwelling unit and a maximum of two dwelling
units situated on the third storey.
(f)
Location of Parking Areas and/or Parking Spaces
Any parking area and/or parking spaces shall be set back a minimum
distance of 1.8m from any street line and 1.0 metre from the rear lot
line.
(g)
Setback to Aisles and/or Driveway
The minimum separation distance from the wall of the existing building
constructed prior to September 17, 2018 to an aisle or driveway shall be
2.0m.
(h)
Zoning Provisions That Do Not Apply
The following subsections of By-law #1784 shall not apply to the lands
zoned C1-VB-8 by this By-law.
4 (m)
Ten Percent (%) of Every Lot
4 (w)
Satellite Dishes
13.8.2.2 Apartment Dwellings and Accessory Caretaker's Residence
Zoning By-Law 1784
Section 14.1 - 1
Section 14
14.1
14.2
14.3
14.4
14.5
14.6
14.7
West Whitby Secondary Plan
Area
Definitions
General Provisions
Parking and Loading Provisions
Residential Zone Regulations
Institutional Zone Regulations
Mixed Use Zone Regulations
Prestige Employment Zone Regulations
14.1
Definitions
(a)
Notwithstanding Section 2 of By-law # 1784, as amended, the following definitions
shall apply to lands in West Whitby as delineated on Schedules A-1 to A-5 to By-law
Amendment #7168-16 and Schedules A-1 to A-5 to By-law Amendment # 7252-17.
Where a use is defined, it shall not be interpreted to include any other defined use
unless it is stated in the definitions to the contrary. Where a word or term is not
herein defined, the definitions of Section 2, as amended, shall apply.
"Ancillary retail sales" means retail uses associated with but clearly subordinate to
a principal use.
"Apartment building" means a building that contains four or more dwelling units that
share a common external access to the outside through a common vestibule and a
common corridor system, and may contain other uses permitted in the zone in which
it is permitted.
"Animal Care Establishment" means a building or part of a building where pets and
domestic animals are groomed and cared for during the day and may include ancillary
retail sales of grooming products, but shall not include the breeding of animals, a
kennel or the boarding of animals, or a veterinary clinic.
"Angular plane" means an imaginary flat surface projecting over a lot, at an inclined
angle measured up from the horizontal.
"Assembly Hall" means a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, fraternal or social
purposes, conferences, conventions and trade shows and may include ancillary
banquet facilities.
"Balcony" means an attached covered or uncovered platform projecting from the
face of an exterior wall, including above a porch, which is only directly accessible
from within a building, usually surrounded by a balustrade or railing, and does not
have direct exterior access to grade.
"Craft Brewery" means a building or part of a building where beverages are
prepared and offered for retail sale to the public for consumption on or off the site and
where the use is of a small-scale and may be associated with a restaurant.
(7252-17)
(7252-17)
(7168-16)
(7252-17)
(7252-17)
(7566-19)
Zoning By-Law 1784
Section 14.1 - 2
"Day Care Establishment" means:
(a)
premises where more than 5 children are provided with temporary care
and/or guidance for a continuous period but does not provide overnight
accommodation and are licensed in accordance with the applicable
Provincial Act; or,
(b)
premises in which temporary care is provided or supplied on a regular
schedule to adults for a portion of a day but does not provide overnight
accommodation.
"Driveway" means an unobstructed and maintained surfaced vehicular way of
access from a street, lane or internal roadway to facilities such as a parking area,
parking space, aisle, loading space, private garage, carport, parking structure,
building or structure.
"Dwelling, Block Townhouse" means a building containing a minimum of three and
a maximum of eight dwelling units, wherein each dwelling unit is separated from the
adjacent dwelling unit by a common wall, and each dwelling unit has its own entrance
from the outside and a private garage, carport, or parking space and sharing common
vehicular access to a public street via a driveway, but shall not include a street
townhouse dwelling.
"Dwelling Unit, Block Townhouse" means a dwelling unit in a block townhouse
dwelling.
"Dwelling, Semi-Detached" means a dwelling unit in a building that is divided
vertically into two dwelling units that share a common wall.
"Dwelling, Stacked Townhouse" means a building containing more than four
dwelling units, each of which has a vertical and a horizontal wall in common and a
private entrance from outside.
"Dwelling Unit, Stacked Townhouse" means a dwelling unit in a stacked
townhouse dwelling.
"Dwelling, Street Townhouse" means a building containing a minimum of three and
a maximum of eight dwelling units, wherein each dwelling unit is on a separate
freehold lot with frontage on a street, and each dwelling unit is separated from the
adjacent dwelling unit by a common wall, and each dwelling unit has its own entrance
from the outside, a driveway from a street or lane, and a private garage, carport, or
parking space.
"Dwelling Unit, Street Townhouse" means a dwelling unit in a street townhouse
dwelling.
"Dwelling, Back To Back Townhouse" means a building containing a minimum of 6
and a maximum of 16 dwelling units that are divided vertically by common walls,
including a common rear wall, and each dwelling unit has an independent entrance
from the outside.
"Dwelling Unit, Back To Back Townhouse" means a dwelling unit in a back to back
townhouse dwelling.
"Finished Grade Level" means the average elevation of the finished surface of the
ground abutting the front wall of the main building or structure nearest to the street,
but shall not include any embankment in lieu of steps.
"First Floor Height" means the height of the first storey.
Zoning By-Law 1784
Section 14.1 - 3
"Food Preparation Plant" means a building or part of a building in which food
products are cooked, baked, mixed, packaged or otherwise prepared, for distribution
to wholesale or retail outlets.
"Food Store" means a building or part of a building having a gross leasable area of
less than 1,200 square metres wherein various food, foodstuffs, groceries and other
products used within the household are sold and may include specialty food stores
such as, but not limited in kind to a health food store, a butcher shop, a retail bakery,
a delicatessen, a fruit and vegetable market, or other specialty food store.
"Front Wall" means the wall of a building facing or most nearly facing the street from
which the building has its primary entrance door.
"Gateway Area" means a geographic area identified by a circular symbol in the West
Whitby Secondary Plan situated at strategic intersections and intended for intensified
land use development.
"Health Care Complex" means a public or private enterprise accommodating a
range of health care services which includes more than one of the following:
-
offices for medical practitioners, dentists, psychiatrists and other supporting
health practitioners, technicians and support staff and care workers providing
patient care
the facility shall also include one or more of the following:
-
laboratories, pharmacy and facilities for dialysis, chemo-therapy, x-rays, MRI's
or similar medical health services, operating theatres and short term recovery
rooms for patients receiving medical treatments within the Health Care Complex.
"Height, Building" means the vertical distance between the finished grade level and,
in the case of a flat roof, the highest point of the roof surface, in the case of a
mansard roof, the deck roof line, and in the case of a gable, hip or gambrel roof, the
mean heights between the eaves and ridge exclusive of any accessory roof
construction such as a chimney, tower, steeple, antenna or communication dish.
"Internal roadway" means a right of way or roadway that provides vehicular access
to the parking areas and parking spaces on a residential property intended for multi-
unit residential development and is not a lane or private street.
"Lane" means a right of way or roadway that provides vehicular access to the rear of
a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public
or private open space. The lane shall be owned and maintained by a governmental
authority.
"Landscaped Open Space" means open unobstructed space on a lot which is
suitable for the growth and maintenance of grass, flowers, bushes and other
landscaping and, notwithstanding the foregoing, includes any surfaced walk, patio or
stairs, but does not include any driveway, internal roadway or private street ramp or
motor vehicle parking area, whether surfaced or not.
"Light manufacturing" means a building or part of a building for the altering,
assembling, fabricating, processing, treating, or repairing of goods, wares,
merchandise, substances, articles, or products.
"Live Work Dwelling" means a street townhouse dwelling unit, where the first
storey, or part thereof, is designed, constructed and used for non-residential uses as
permitted by this By-law. A live work dwelling shall not be considered a mixed use
building.
(7252-17)
Zoning By-Law 1784
Section 14.1 - 4
"Lot" means a parcel or contiguous parcels of land in one ownership which is
capable of being legally conveyed in accordance with the Planning Act or is described
in accordance with a registered Plan of Condominium, and includes a parcel of tied
land but excludes a zero decimal three metre reserve.
"Lot, Corner" means a lot situated at the intersection of and abutting upon two or
more streets or two portions of the same street, provided that the angle of intersection
of such streets, or the bend in such street, is not more than 135 degrees.
"Lot, Through Corner" means a lot having separate limits on three or more separate
streets. Such through corner lot shall be deemed to have a front yard on each street
in accordance with the provisions of the zone or zones in which each front yard is
located.
"Lot Line, Front" means the line that divides the lot from the street, provided that in
the case of a corner lot, the shorter lot line that so abuts the street is deemed to be
the front line of the lot, and the longer line that so abuts the street is termed an
exterior side lot line of the lot. Where a lot is a through lot, the lot line abutting the
wider street right of way shall be deemed the front lot line.
"Medical Marihuana Production Facility" means a federally-licensed facility used
for the cultivation, processing, testing, destruction, packaging, warehousing or
shipping of marihuana used for medical purposes as permitted under the federal
government's Marihuana for Medical Purposes Regulations or any subsequent
legislation which may be enacted in substitution thereof.
"Mixed Use Building" means a building in a Mixed Use Zone containing residential
uses and at least one other non-residential use.
"Outside Storage" means the storage or keeping of goods, inventory, materials,
machinery, or equipment outside of any building or structure.
"Personal Service Establishment" means a building or part of a building, where
services are provided and administered to individuals and their personal needs and
where ancillary retail sales is permitted and include, but is not limited to, hair care,
esthetics, health and beauty treatment, dressmaking, tailoring, shoe shining and
repair, dry cleaner's distribution station and laundromat or similar uses, but shall not
include a body rub establishment.
"Place of Entertainment" means a building or part of a building intended for
recreational or entertainment uses, including a motion picture or other theatre, arena,
auditorium, public hall, bingo hall, billiard or pool room, bowling alley, paint ball, go
kart, parkour, rock climbing, gymnasium, escape room, axe throwing or similar such
uses, and where all such uses are contained within a fully enclosed structure.
"Place of Worship" means a building or part of a building used by any religious
organization for religious worship services, or rites and may include for example
facilities such as administrative offices, a rectory or manse, public hall or auditorium,
rooms for meeting or classes for religious instruction but shall not include any day
care establishment or private school.
"Podium" means the base of a building, in a building consisting of a base and a point
tower above the base, where the base is three to five storeys.
"Point Tower" means the portion of a building above the podium of the building,
where the building is at least eight storeys.
"Private Amenity Space" means a space within a building or outside of a building
which provides an active and/or passive recreation area for the exclusive use of the
occupants of the dwelling unit(s) for which it is intended to apply.
(7252-17)
Zoning By-Law 1784
Section 14.1 - 5
"Private Street" means a right-of-way or roadway that provides vehicular access to
individual freehold lots or Parcels of Tied Land and is maintained by a condominium
corporation and is not a lane.
"Recreational Club or Facility" means a building or part of a building where
recreation, sports and/or fitness activities are provided and shall include a private
club.
"Self Storage Warehouse" means a building or part of a building where separate
compartmentalized storage units are made available to the public and where the
public are permitted to access the building only to place or remove their personal
property.
"Sight Triangle" means a triangular area of land on a corner lot that is determined
by measuring from the point of intersection of streets lines the distance required along
each such street line and joining such points with a straight line. The triangular
shaped area of land between the intersecting lines and the straight line joining the
points the required distance along the street lines is the sight triangle.
"Storey" means the portion of the building which lies between the surface of the floor
and the surface of the next floor above it, or if there is no floor above, then the space
between such floor and the ceiling or roof next above it.
"Street" means the right of way of a public highway or a private street.
"Studio" means a building or part of a building used for the instruction of music,
dance, yoga, photography, art or similar activity, and which may include ancillary
retail sales.
"Supermarket" means a building, or part of a building, containing a departmentalized
food store and where the gross leasable area for such use is 1,200 square metres or
greater.
"Technology Industry" means a use where advanced sophisticated devices,
especially in the field of electronics, computer, communication or aerospace
technologies are manufactured, assembled, packaged or warehoused.
"Visibility Triangle" means a triangular area of land situated at the intersection of
street lines abutting a corner lot that has been or will be conveyed to a public
authority and incorporated into the right of way of a public street and is not a sight
triangle.
"Warehouse Facility" means a building or part of a building where the principle
activity is the indoor storage and freight distribution of goods, wares, merchandise,
substances, articles, or products.
(b)
Notwithstanding subsection 14.1(a), the definitions in Section 2 for the following terms
do not apply to lands in West Whitby as delineated on Schedules A-1 to A-5 to By-law
Amendment #7168-16 and Schedules A-1 to A-5 to By-law Amendment # 7252-17.
-
Automobile parts store
-
Bakeshop or confectionary shop
-
Chapel
-
Church
-
Convenience retail store
-
Day nursery
-
Dwelling, common wall semi-detached
-
Dwelling, link
-
Dwelling, low density cluster
-
Height, apartment building, long term care home or retirement home
-
Home improvement centre
-
Home supply centre
(7252-17)
(7252-17)
(7252-17)
(7168-16)
Zoning By-Law 1784
Section 14.1 - 6
-
Kiosk
-
Laundry shop
-
Merchandise distribution centre
-
Music or dance studio
-
Pet day care
-
Pet grooming
-
Place of entertainment and assembly
-
Plumbing supply centre
-
Pool supply centre
-
Retail nursery
-
Retail sporting goods centre
-
Retail warehouse facility
-
Retail warehouse facility with food sales
-
Retail warehouse outlet
-
Retail/Wholesale automobile parts store
-
Shopping Centre
Zoning By-Law 1784
Section 14.2 - 1
14.2
General Provisions
The general provisions in Section 4 of By-law # 1784, as amended, shall not apply to lands in
West Whitby as delineated on Schedules A-1 to A-5 to By-law Amendment # 7168-16 and
Schedules A-1 to A-5 to By-law Amendment # 7252-17. Only the following general provisions
shall apply.
14.2.1
Public Uses
(a)
Nothing in this By-law shall prevent the use of any land as a public park,
playground or road allowance.
(b)
Notwithstanding any other provisions of this By-law to the contrary, the Town
of Whitby or Region of Durham or any of their municipal service boards as
defined in the Municipal Act, and any agency of the Federal or Provincial
Government, or any telephone, telecommunications, cable, natural gas,
railway, or pipeline company, may use any land or erect or use any building
or structure in any zone provided the use of any land, building or structure is
in compliance with the most restrictive regulations contained in the zone and
is in compliance with the parking requirements for such use and provided
further that:
(i)
no goods, material or equipment shall be stored in the open, except
as permitted in such zone,
(ii)
any building erected under the authority of this paragraph in any
Residential (LD, MD, HD) Zone shall be designed and maintained
in general harmony with residential buildings of the type permitted
in such zone.
(c)
The exemption in subsection (b) for a use in any zone shall not apply to:
(i)
the Greenbelt (G) Zone except for linear infrastructure and the uses
otherwise permitted in that Zone;
(ii)
permit any outside storage, or a waste transfer or waste processing
facility; or
(iii)
permit any land, building or structure used by any local School
Board, University or College.
(iv)
permit any land or building to be used for administrative offices,
retail sales, or vehicular or equipment maintenance purposes of
any utility company.
14.2.2
Legal Non-Conforming Uses
(a)
Nothing in this By-law shall apply to prevent the use of any land, building or
structure for any purpose prohibited by the By-law if such land, building or
structure was lawfully used for such purpose on the day of passing of this
By-law, and provided that such land, building or structure continues to be
used for that purpose.
(b)
Nothing in this By-law shall prevent the strengthening to a safe condition of
any building or structure or part of any such building or structure that is a
non-conforming use, provided such alteration or repair does not contravene
the provisions of this By-law by increasing the height, size or volume or
change the use of such building or structure.
(7252-17)
(7168-16)
Zoning By-Law 1784
Section 14.2 - 2
14.2.3
Legal Non-Complying Buildings and Structures
A non-complying building or structure which existed legally prior to the passing of this
By-law may be enlarged, repaired, renovated or reconstructed provided that the
enlargement, repair, renovation or reconstruction:
(a)
does not further increase the extent of a non-compliance;
(b)
complies with all other applicable provisions of this By-law.
14.2.4
Legal Non-Complying Lots
Where a lot having a lesser lot area, and/or lot depth, and/or lot frontage than that
required herein is held under distinct and separate ownership from abutting lots as
shown by a registered conveyance in the records of the Land Registry Office at the
date of the passing of By-law # 7168-16 or where such smaller lot is subsequently
created as a result of an expropriation or a conveyance to a public road authority for
road widening, such smaller lot may be used and a building or structure may be
erected, altered or used on such small lot, provided that all other requirements of this
By-law are complied with.
14.2.5
Greater Restrictions
This By-law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a governmental authority having jurisdiction to make such restrictions.
14.2.6
Frontage on a Street
(a)
No person shall erect any building or structure in any zone unless the lot
upon which such building or structure is to be erected fronts upon a street.
(b)
Where a lot is separated from a street by land owned by the Town, the
Region of Durham or the Province of Ontario which land is held by such
public agency for future road widening purposes or as a 0.3 metre reserve, a
building may only be erected upon such lot if access to a street has been
granted.
(c)
Where the lot and setback requirements in a zone apply to freehold lots
abutting a public street, such provisions shall equally apply to freehold lots
abutting a private street.
14.2.7
Reduction of Requirements
No person shall change the purpose for which any lot or building is used or erect any
new building or addition to any existing building or sever any lands from any existing
lot if the effect of such action is to cause the original, adjoining, remaining or new
building or lot to be in contravention of this By-law, providing that nothing herein shall
prevent the conveyance to a public road authority of part of any lot for the purpose of
a public highway and provided further that in the event of any such conveyance, the
buildings on the remaining portion of the lot may be continued to be used in the same
manner and to the same extent as if such conveyance had never taken place.
Zoning By-Law 1784
Section 14.2 - 3
14.2.8
Sight Triangle and Visibility Triangle
(a)
A sight triangle shall be required only where a visibility triangle abutting a
corner lot has not been incorporated into the right of way of a public street.
(b)
Notwithstanding any other provision of this By-law to the contrary, in a sight
triangle no building, structure, fence, wall, driveway, hedge, tree, shrub or
other vegetative planting or landscaping feature shall be erected,
maintained or permitted that has a height of greater than 0.9 metres above
finished grade level.
(c)
Where a corner lot abuts a visibility triangle the setback provisions and
minimum front yard landscaped open space provisions shall be measured
and/or calculated as if the visibility triangle had not been conveyed, provided
all buildings are set back 0.6 metres from the visibility triangle with the
exception that window sills, belt courses, steps, cornices, eaves, and eave
troughs may project to within 0.3 metres of the lot line of the lot that forms
one of the sides of the visibility triangle.
14.2.9
Continuation of Farming Uses
Nothing herein contained shall prevent the continued use of any land, building or
structure or additions to such buildings or structure for farming purposes.
14.2.10 Greenbelt Zone
No part of a Greenbelt (G) Zone shall be used in calculating the lot frontage, lot area,
lot coverage, or yards required by this By-law for uses in adjacent zones.
14.2.11 Swimming Pools
(a)
Notwithstanding any other provisions of this By-law to the contrary, an
unenclosed, outdoor swimming pool, or hot tub may be permitted as an
accessory use to a residential use in accordance with the following
provisions:
(i)
Any swimming pool, or hot tub shall only be located in a rear yard
or interior side yard;
(ii)
Any swimming pool or hot tub shall be set back a minimum
distance of 1.0 metre from any side lot line or rear lot line and 4.5
metres from the front lot line and the set back shall be measured to
the water's edge;
(iii)
Any recreational equipment, including slides, associated with a
swimming pool, or hot tub shall not exceed a maximum height of
2.4 metres.
(b)
Where an outdoor swimming pool or hot tub is provided accessory to any
other use, the minimum yards of the applicable zones shall apply and shall
be measured to the water's edge.
14.2.12 Satellite Dish Antenna
(a)
Satellite dish antennae are permitted in any Zone provided that:
(i)
it does not exceed a diameter of 1.2 metres;
(ii)
it is not attached to the front façade of the main building.
(7252-17)
Zoning By-Law 1784
Section 14.2 - 4
14.2.13 Accessory Uses
Where this By-law provides that land may be used or a building or structure may be
erected or used for a purpose, that purpose shall include any accessory use
incidental thereto.
14.2.14 Accessory Structures
(a)
Location
(i)
Accessory structures are permitted on a lot where a main building
housing a principal permitted use already exists or is under
construction and except as otherwise provided herein, any
accessory structure shall only be erected in the rear yard, interior
side yard and exterior side yard and shall comply with the yard
requirements of this By-law.
(ii)
Notwithstanding any other provision of this By-law to the contrary,
in a Residential Zone, a detached private garage, carport, storage
shed, playhouse or other such similar accessory uses, may be
erected and used in the rear yard, interior side yard and exterior
side yard provided that such accessory structure is located no
closer than:
(a) 4.5 metres to any street line, except no closer than 5.8 metres
to the lot line abutting the street where the vehicular access to
a garage faces the lot line abutting the street;
(b) 0.6 metres to any interior lot line or rear lot line where there are
no doors or windows in the wall facing that interior lot line or
rear lot line;
(c) 1.2 metres to any interior lot line or rear lot line where there are
doors or windows in the wall facing that interior lot line or rear
lot line;
(d) 1.75 metres to a lane where a garage door faces the lane and
vehicular access to the lane is provided on both sides of the
lane and 2.5 metres to a lane where a garage door faces the
lane and vehicular access to the lane is provided only on one
side of the lane; and
(e) 5.0 metres to the main building on the lot where the opening
for vehicular access of the private garage faces the rear lot
line. The parking of motor vehicles is not permitted between
the private garage and the main building.
(iii)
Notwithstanding subsection (a)(ii)(b) and (c) above, where a mutual
garage is erected on a common lot line between two lots, no interior
side yard is required.
(iv)
Notwithstanding subsection (a)(ii)(a) above, in a Residential Zone,
accessory structures with a floor area of 10 square metres or less
and a height of 2.5 metres or less shall be located no closer than
1.0 metre from a street line or 0.3 m reserve.
Zoning By-Law 1784
Section 14.2 - 5
(b)
Height
(i)
No accessory structure shall exceed a building height of 3.5 metres
provided that:
(a) an accessory structure on any non-residential lot shall not
exceed a building height of 4.5 metres;
(b) a detached private garage with a flat roof shall not exceed a
building height of 3.5 metres and a detached garage with a
pitched roof shall not exceed a building height of 4.5 metres.
(c)
Lot Coverage
(i)
The maximum number of accessory structures permitted on any
residential lot shall be four.
(ii)
The total combined lot coverage of all accessory structures on any
residential lot shall be the lesser of:
(a) 10% of the lot area; or
(b) 60 square metres of ground floor area.
(iii)
The total combined lot coverage of all accessory structures on any
non-residential lot shall be 5%.
(d)
Excluded Uses In Residential Zones
No trailer, portable building or shipping container shall be used as an
accessory structure in Residential Zones.
14.2.15 Yard Encroachments Permitted
(a)
No part of any required yard shall be encroached upon except as permitted
in Table 14.2(1).
Table 14.2(1): Yard Encroachments Permitted
Structure or Feature
Applicable Yard
Maximum Encroachment into a Required
Minimum Yard
Window sills, chimney breasts, fireplaces,
belt courses, cornices, pilasters, eaves, and
other similar architectural details
All
0.6 metres or half the distance of the required
yard, whichever is less, except that eaves
troughs may encroach beyond this limit.
Clothes poles, arbors, flag poles, garden
trellises, fences, retaining walls, or similar
structure or garden feature elements
All
To the lot line
Drop awning, cantilevered canopy or other
weather shelter
All
To within 0.6 metres of a lot line
A fire escape or exterior staircase
Interior side exterior
side, rear
1.5 metres or half the distance of the required
yard, whichever is less
Unenclosed barrier free ramp
All
To within 0.3 metres of the lot line
Deck less than or equal to 0.6 metres above
grade
Front, exterior side
2.0 metres
Deck less than or equal to 0.6 metres above
grade
Interior side, rear
To within 0.6 metres of the side lot line or rear lot
line
Zoning By-Law 1784
Section 14.2 - 6
Structure or Feature
Applicable Yard
Maximum Encroachment into a Required
Minimum Yard
Deck greater than 0.6 metres above
grade(1) and/or Porches with or without
foundations
Front, exterior side
2.0 metres
Deck greater than 0.6 metres above
grade(1) and/or Porches with or without
foundations
Interior side
1 metre, but no closer than 0.6 metre from the lot
line
Deck greater than 0.6 metres above
grade(1) and/or Porches with or without
foundations
Rear
3.5 metres
Stairs to a deck or porch
Front, exterior side
To within 0.3 metres of the front or side lot line
Stairs to a porch or deck
Rear
To within 0.6 metres of rear lot line
Stairs to a porch or deck
Interior side
To within 0.6 metres of the interior side lot line
Balcony (1) (2)
Front, rear
1.5 metres
Balcony (1) (2)
Interior side, exterior
side
1.5 metres or one-third the distance of the
required yard, whichever is less
Bay, box or bow window, with or without
foundation, having a maximum width of 4.0
metres
All
0.6 metres or half the distance of the required
yard, whichever is less
Air conditioners, heat pumps, swimming
pool pumps, treatment, filters, and heaters
Rear, Interior side,
exterior side
To within 0.6 metres of the lot line
Below grade access stairs
Rear, Interior side
1.5 metres, but no closer than 0.6 m from the lot
line
(1) Where a deck, porch or stairs to said deck or porch or a balcony are related to a townhouse dwelling, the maximum
encroachment may be to within 0.0 metres of the interior side lot line.
(2) Where a balcony is located on the roof of a porch or above a driveway, it may encroach to the maximum permitted for
a deck or porch.
(b)
Where a deck, porch or stairs to said deck or porch or a balcony are related
to a block townhouse dwelling unit the yard encroachment provisions of
Table 14.2(1) shall apply as if each dwelling unit is located on a separate lot.
14.2.16 Group Homes
(a)
A group home shall be permitted in all dwelling types within all zones where
residential uses are permitted.
(b)
A group home shall comply with the zone provisions, which apply to the type
of dwelling unit within which the group home is located.
(c)
Notwithstanding the above provisions, a group home with six or more
residents, exclusive of staff, shall not be permitted to locate within a dwelling
unit in an apartment building.
14.2.17 Residential Sales Offices
(a)
Residential sales office shall be permitted in all Residential Zones and Mixed
Use Zones;
Zoning By-Law 1784
Section 14.2 - 7
(b)
Residential sales offices shall be located on a proposed lot or block within a
draft approved or registered plan of subdivision or within a unit of a draft
approved or registered condominium building;
(c)
The residential sales office shall be constructed or located in accordance
with the zone provisions for the lot or block within which it is located;
14.2.18 Model Home
(a)
A model home shall be permitted on lands that have received draft plan
approval.
(b)
A model home shall be constructed or located in accordance with the zone
provisions for the lot within which it is located.
(c)
Parking shall be provided for each model home in accordance with the
parking requirements for the dwelling type and zone category in which the
model home is located.
(d)
In the case of a model home(s) being constructed without a separate and
distinct residential sales office on site, the parking standards required for a
residential sales office shall apply.
(e)
The total number of model homes which may be permitted on lands that
have received draft plan approval for residential purposes shall not exceed
the lesser of ten (10) dwellings or ten percent (10%) of the total number of
residential units in each individual phase of the development.
(f)
For the purposes of establishing the location of the lot lines, the model home
shall be built within the lot defined by the draft approved plan of subdivision
within which it is located, as if these lots were defined by a registered plan of
subdivision.
14.2.19 Accessory Apartment
Notwithstanding any other provisions of this By-law to the contrary, an Accessory
Apartment shall be permitted in any single detached dwelling, or semi-detached
dwelling subject to the following provisions:
(a)
Minimum Lot Frontage
Single Detached Dwelling: 10.5 metres
Semi-Detached Dwelling: 10.0 metres
(b)
Maximum Number Permitted: 1.0
(c)
Floor Area Restriction
The total maximum floor area of an Accessory Apartment shall not exceed
100 square metres.
(d)
Front Yard Landscaping
Any lot with an Accessory Apartment shall provide and maintain a minimum
of 25% of the front yard as landscaped open space.
Zoning By-Law 1784
Section 14.2 - 8
14.2.20 Home Based Business
(a)
A home based business shall be permitted in any zone that permits a
dwelling unit subject to the following provisions:
(i)
the use is conducted entirely within a dwelling unit however limited
storage is permitted in an attached garage or accessory structure
provided it does not obstruct or eliminate a required parking space;
(ii)
except for home daycare, no more than three persons at any one
time shall be present in a single detached dwelling to receive
teaching and/or instruction and no more than one person at any
one time shall be present to receive teaching and/or instruction in
any dwelling unit other than a single detached dwelling;
(iii)
no more than two persons at any one time shall be present in a
single detached dwelling to receive client based treatment or
services and no more than one person at any one time shall be
present to receive client based treatment or services in any
dwelling unit other than a single detached dwelling;
(iv)
the home based business may be operated only by the occupants
of the dwelling unit and employees who are not occupants of the
dwelling unit are not permitted.
(v)
the gross floor area occupied by all home based businesses is no
more than 25% of the gross floor area of the dwelling unit or 50
square metres whichever is less and for this provision gross floor
area shall include any floor area in a basement or cellar;
(vi)
no goods or handicrafts are offered or displayed for sale other than
goods or handicrafts produced on site;
(vii)
retail sales conducted by telephone, internet, mail order or other
similar approach is permitted provided that customers do not enter
the property to inspect, purchase or take possession of any goods;
(viii)
there is no outside storage or outside display of goods, handicrafts,
equipment or supplies;
(ix)
there is no display of a sign advertising the existence of a home
based business within the dwelling unit other than a sign erected in
conformity with the Permanent Sign By-law of the Town;
(x)
there is no equipment or a process or activity which creates an
adverse effect or becomes obnoxious in regard to noise, odour,
fumes, vibration, glare, traffic or parking nor causes electrical
interference with telephone, television, radio or satellite equipment;
(xi)
there is no home based business on any lot containing an
Accessory Apartment in either the principal dwelling unit or the
Accessory Apartment.
(b)
A home based business shall not include the following:
-
adult entertainment establishment
-
automobile sales establishment
-
body rub establishment
-
clinic
-
contractor's yard
Zoning By-Law 1784
Section 14.2 - 9
-
eating establishment
-
escort service
-
kennel
-
motor vehicle paint and body shop
-
premises used as a base of operations to assemble persons for
transportation to work off-site or the pick-up of goods, materials or
equipment for distribution or use off-site
-
public garage
-
retail store
-
salvage yard
-
take out eating establishment
-
taxi establishment
14.2.21 Single Detached Dwelling on a Lot
No more than one single detached dwelling is permitted on a lot.
14.2.22 Zero Decimal Three (0.3) Metre Reserves
For the purposes of this By-law, a 0.3 metre reserve shall be considered to be part of
the abutting street.
14.2.23 Standards for Attached Private Garages on Lots Accessed by a Lane
(a)
Attached private garages that are part of the main building are permitted
provided that the wall of the private garage facing the lane:
(i)
is located no further than 7.5 metres from the rear lot line;
(ii)
is located no closer than 1.75 metres to the rear lot line where a
garage door faces the lane and access to the lane is provided on
both sides of the lane and 2.5 metres to a rear lot line where a
garage door faces the lane and access to the lane is provided only
on one side of the lane.
14.2.24 Standards for Attached Private Garages Accessed by a Driveway from a Street
No part of a private garage shall project beyond the front wall of the first storey of the
dwelling except where a porch is provided, in which case the private garage shall not
project beyond the front of the porch.
14.2.25 Zone Boundaries
(a)
If the zone boundary is shown on Schedules A-1 to A-5 to By-law
Amendment # 7168-16 and Schedules A-1 to A-5 to By-law Amendment #
7252-17;
(i)
as following a street, lane, railway right-of-way, electric
transmission line right-of-way or watercourse, then the centre line
of the street, lane, railway right-of-way, electric transmission line
right-of-way, municipal boundary or watercourse is the boundary;
(ii)
as substantially following lot lines shown on a registered plan of
subdivision except where the lot line is a street line, then the lot
lines are the boundary;
(iii)
as not being in accordance with the above provisions, then the
zone boundary shall be scaled from the Schedules A-1 to A-5.
(7252-17)
(7168-16)
Zoning By-Law 1784
Section 14.2 - 10
(b)
In addition to the above, if the zone boundary separates a lot into portions,
each portion of the lot shall be used in accordance with the provisions of this
By-law for the applicable zone.
14.2.26 Height Exemptions
(a)
The following shall be exempt from the calculation of building height:
-
Cupolas, finials and weather vanes, or similar ornamental features;
-
Chimneys;
-
Flag poles;
-
Light standards;
-
Lightning rods;
-
Parapets
-
Mechanical penthouses less than or equal to 6 metres in height;
-
Unenclosed mechanical equipment set back 5 metres from the roof
edge;
-
Skylights less than 0.6 metres in height.
-
Hydro, radio, television or microwave towers, antennae and similar
features;
-
Clock towers;
-
Steeples;
(b)
Notwithstanding (a) above, in a Residential Zone, flags poles and light
standards shall not exceed 10 metres in height
14.2.27 Holding (H) Zone Provisions
(a)
Where a zone symbol is preceded by the letter "H", the lands subject to that
zone shall only be used for the uses that existed at the date of the passing of
By-law #7252-17 until the "H" is removed.
(b)
Council may pass a by-law to remove the "H" holding symbol, thereby
placing the lands in the zone indicated by the zone symbol, when all the
applicable requirements have been met.
(c)
A by-law to remove the "H" holding symbol shall not be passed until an
Urban Design Plan has been prepared that addresses, at a minimum, the
relevant matters outlined in subsection 11.12.2 Land Use Designations of
the West Whitby Secondary Plan of the Town of Whitby Official Plan and
such Urban Design Plan has been endorsed by Town Council.
(7252-17)
Zoning By-Law 1784
Section 14.3 - 1
14.3
Parking and Loading Provisions
The parking and loading provisions in Section 4A of By-law # 1784, as amended, shall apply to
lands in West Whitby as delineated on Schedules A-1 to A-5 to By-law 7168-16 and schedules
A-1 to A-5 to By-law #7252-17, except as described as follows:
(a)
The minimum number of parking spaces for a back to back townhouse unit dwelling
shall be 2 spaces per dwelling unit.
(b)
The minimum number of parking spaces for a street townhouse dwelling unit on a
private street and a back to back townhouse dwelling unit on a private street shall be
2 spaces per dwelling unit plus 0.25 spaces per dwelling unit dedicated for visitor
parking.
(c)
The minimum number of parking spaces for a stacked townhouse dwelling unit shall
be 1.25 spaces per dwelling unit plus 0.25 spaces per dwelling unit dedicated for
visitors parking.
(d)
In addition to the required parking for dwelling units in an apartment building, parking
for non-residential uses within the same building shall also be provided in accordance
with such uses as described in Table 4A(2).
(e)
The following provisions apply to private driveways with direct motor vehicle access
from a street serving a single detached dwelling, semi-detached dwelling, duplex
dwelling and townhouse dwelling which have a private garage or carport:
(i)
The minimum width of a private driveway on a lot shall be 3.0 metres, except
that the minimum width of a private driveway in an interior side yard leading
to a private garage, carport or parking space in the rear yard shall be 2.75
metres.
(ii)
The maximum width of a private driveway on a lot serving a one car private
garage shall be 4.4 metres.
(iii)
Notwithstanding section 14.3 (e)(ii), the maximum width of a driveway
leading to a private garage or carport situated in the rear yard and accessed
from a street shall be 3.0 metres or the width of the garage door, whichever
is the greater and no maximum driveway width shall apply if the driveway is
accessed from a lane.
(iv)
The maximum width of a private driveway on a lot serving a two car width
private garage shall be 7 metres.
(v)
Notwithstanding provision 14.3 (e)(iv) above, where a garage door opening
used for motor vehicle access faces an interior side lot line, the maximum
width of a private driveway in the front yard measured along the street line
shall be 6.0 metres.
(vi)
Any hard surface area abutting a driveway used or capable of being used for
parking a motor vehicle shall be included in the driveway width calculation
excluding any parking pad or hammerhead used for the purpose of
manoeuvring a vehicle such that the vehicle can exit the property in a
forward motion.
(vii)
Notwithstanding provision 14.3 (e)(vi) above, one walkway access may be
connected to one side of the driveway provided the maximum width of the
walkway shall be 1.5 metres and the walkway shall not extend out from the
front wall or porch for more than 50% of the depth from the street to the front
wall or porch of the dwelling.
(7252-17)
Zoning By-Law 1784
Section 14.3 - 2
(f)
The minimum distance between an intersection of street lines and the nearest
driveway shall be 9.0 metres except in Residential Zones, in which case the minimum
distance between an intersection of street lines and the nearest driveway shall be 6
metres and provided further that no driveway shall access a lot by crossing through a
visibility triangle.
(g)
The minimum lot frontage for a single detached dwelling containing an attached two
car private garage accessed from the front yard shall be 10.5 metres. This provision
does not apply to a private garage containing a tandem parking space.
(h)
Subsection 3.9 of Section 4A of By-law # 1784 shall not apply.
(7252-17)
Zoning By-Law 1784
Section 14.4 - 1
14.4
Residential Zone Regulations
14.4.1
Uses Permitted
The following Table 14.4(1) establishes the uses permitted in the Low Density (LD), Medium
Density (MD) and High Density (HD) Zones. The uses permitted in the LD, MD and HD Zones
are identified in Table 14.4(1) through "Yes" under the column related to each zone. The uses
not permitted in the LD, MD, and HD Zones are identified in Table 14.4(1) through a not
permitted (n/p) symbol under the column related to each zone. Where a "Q" is shown in the
column under a zone, a qualification applies to a permitted use as described following Table
14.4(1).
Table 14.4(1): Uses Permitted in Residential Zones
Residential Use
LD Zone
MD Zone
HD Zone
Single detached dwelling
Yes
n/p
n/p
Semi-detached dwelling
Yes
n/p
n/p
Street townhouse dwelling
n/p
Yes
Yes
Block townhouse dwelling
n/p
Yes
Yes
Back to back townhouse dwelling
n/p
Yes
Yes
Stacked townhouse dwelling
n/p
Yes
Yes
Apartment building
n/p
Yes
Yes
Retirement home
n/p
Yes
Yes
Long term care home
n/p
Yes
Yes
Non-Residential Uses
LD Zone
MD Zone
HD Zone
Day care establishment
n/p
n/p
Q1
Community centre
n/p
n/p
Q1
Qualifications:
Q1
Permitted on the ground floor of an apartment building, retirement home or long term
care home.
Zoning By-Law 1784
Section 14.4 - 2
14.4.2
Low Density (LD) Zone Provisions
(a)
Lot and Building Requirements by Building Type
(i)
The following Table 14.4(2) and additional provisions establish the zone standards that apply to the Low Density
(LD) zone.
Table 14.4(2): Low Density (LD) Zone Standards
Building Type
Min. Lot
Area
Min. Lot
Frontage
Min. Front
Yard
Max.
Front
Yard
Min.
Interior
Side Yard
Minimum
Exterior Side
Yard
Min.
Rear
Yard
Minimum Front
Yard
Landscaped
Open Space
Maximum
Building
Height
Single detached
dwelling
240 m2
8 m, except 11 m
for a corner lot.(3)
3 m(1)
NR
1.2 m &
0.6 m
3 m(1)
7.5 m
40%(2)
11 m
Semi-detached
dwelling
210 m2
7 m/ unit, except
10 m for a corner
lot
3 m(1)
NR
0.9 m(4)
3 m(1)
7.5 m
25%
11 m
Notes:
NR = No Requirement
(1) Except that for the wall of the private garage containing the opening for a vehicle, the minimum yard shall be 5.8 metres.
(2) Except that for lots with frontages of less than 12 metres, the minimum front yard landscaped open space shall be 25%.
(3) Except that for a single detached dwelling situated on a corner lot abutting a roundabout, the minimum lot frontage shall be 13 metres.
(4) Except that where semi-detached dwellings on abutting lots share a common wall, no interior side yard shall be required.
(b)
Additional Provisions
(i)
For a single detached dwelling situated on a lot that abuts a lane, the larger required minimum interior side yard
shall abut the lane.
(ii)
For a single detached dwelling situated on a corner lot abutting a roundabout, the vehicular access to the garage
shall be taken from the exterior side lot line.
Zoning By-Law 1784
Section 14.4 - 3
14.4.3
Medium Density (MD) Zone Provisions
(b)
Lot and Building Requirements by Building Type
(i)
The following Table 14.4(3) and additional provisions establish the zone standards that apply to the Medium
Density (MD) Zone.
Table 14.4(3): Medium Density (MD) Zone Standards
Building Type
Min. Lot
Area (m2)
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side Yard
Min.
Exterior
Side Yard
Min. Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Street townhouse
dwelling unit with
a front access
garage
160 m2/ unit
except 145
m2/ unit on a
private street
6 m /unit
except 5.5
m/ unit on a
private
street(6)
3 m(1)
1.2m(9)
3 m(1)
7.5 m
NR
25%
2 storeys(5)
12 m
Street townhouse
dwelling unit with
a detached rear
garage
165m2/ unit
5.5 m/ unit
(6)
3 m
1.2 m(9)
3 m(1)
2.5 m. to a
garage,
carport or
unenclosed
parking
space(2)(10)
25 m2/
unit
50%
2 storeys(5)
12 m
Street townhouse
dwelling unit with
an integral rear
garage
108 m2/ unit
5.5 m/ unit
(6)
3 m
1.2 m(7)(9)
3 m(1)
2.5 m. to a
garage,
carport or
unenclosed
parking
space(2)(10)
15 m2/
unit(8)
50%
2 storeys(5)
12 m
Block townhouse
dwelling
NR
30 m
3 m(1)(3)
1.2m(3)
3 m(1)(3)
7.5 m
NR
NR
2 storeys(5)
12 m
Stacked
townhouse
dwelling
NR
30 m
3 m (1)(3)
1.8 m (3)
3 m (1)(3)
7.5 m
NR
NR
2 storeys (5)
12 m
Back to back
townhouse
dwelling unit
75 m2/ unit
5.5 m/ unit(6)
3 m(1)(3)
1.5 m (9)
3 m (1)(3)
NR
7.5 m2/
unit
NR
2 storeys (5)
12 m
Zoning By-Law 1784
Section 14.4 - 4
Building Type
Min. Lot
Area (m2)
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side Yard
Min.
Exterior
Side Yard
Min. Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Apartment
building/
Retirement home/
Long term care
home
NR
NR
4 m(3)
6 m(3)
4 m (3)
7.5 m (3)
NR
NR
2 storeys (5)
4 storeys (4)
Notes:
NR = No Requirement
(1)
Except that for the wall of the private garage containing the opening for a vehicle, the minimum yard shall be 5.8 metres.
(2)
Except that the minimum distance where access is provided to both sides of a lane shall be 1.75 metres.
(3)
Except that for an underground parking area, the minimum setback shall be 0 metres.
(4)
Except that for the Medium Density Zone abutting Taunton Road or Dundas Street, the maximum building height shall be 8 storeys.
(5)
Except that for in the Medium Density Zone abutting Taunton Road or Dundas Street, the minimum building height shall be 3 storeys.
(6)
Except that for a corner lot, the minimum lot frontage shall be 9 metres.
(7)
If no common wall exists between the rear garages of attached units, the minimum interior side yard for the garage portion of the building and any space above shall be
0.6 metres.
(8)
Except that the minimum private amenity space shall be 10 square metres for lots with frontages of less than 6 metres.
(9)
Where no common wall exists.
(10) Except that the minimum distance from the travelled portion of an internal roadway or private street shall be 2.75 metres.
Zoning By-Law 1784
Section 14.4 - 5
(c)
Additional Provisions
(i)
The minimum lot depth of a back to back townhouse dwelling unit
shall be 13.5 metres.
(ii)
The following provisions apply to block townhouse dwellings:
(a)
The minimum width of each dwelling unit shall be 5.5
metres.
(b)
The minimum separation distance between block
townhouse dwellings on the same lot shall be 2.4 metres
for an end wall to end wall condition, 15 metres for a rear
wall to rear wall condition, and 15 metres for a front wall to
front wall condition.
(c)
The provisions pertaining to setbacks for garages in
subsection 14.2 apply to block townhouse dwellings, and
for the purpose of applying these provisions to block
townhouse dwellings, the boundary of an internal roadway
shall be deemed to be a lot line and a theoretical line
extending from the vertical division of the block townhouse
dwelling units to the boundary of the internal roadway shall
be considered the side lot line.
(d)
The minimum distance from an end wall to an internal
roadway shall be 1.8 m.
(e)
The minimum distance from a wall other than an end wall
to an internal driveway shall be 3.0 m.
(f)
The minimum distance from an integral garage of a block
townhouse dwelling unit to an internal roadway shall be
5.8 m.
(g)
The minimum landscaped open space on the lot shall be
30%.
(iii)
The following provisions apply to stacked townhouse dwellings:
(a)
The minimum separation distance between stacked
townhouse dwellings on the same lot shall be 2.4 metres
for an end wall to end wall condition, 15 metres for a rear
wall to rear wall condition, and 15 metres for a front wall to
front wall condition.
(b)
The minimum distance from an end wall to an internal
roadway shall be 1.8 m.
(c)
The minimum distance from a wall other than an end wall
to an internal driveway shall be 3.0 m.
(d)
The minimum distance from an integral garage of a
stacked townhouse dwelling unit to an internal roadway
shall be 5.8 m.
(e)
The minimum landscaped open space on the lot shall be
30%.
Zoning By-Law 1784
Section 14.4 - 6
(iv)
The following provisions apply to an apartment building, long term
care home or retirement home:
(a)
The minimum landscaped open space on the lot shall be
25%.
(b)
The minimum separation between two buildings on the
same lot shall be 12 metres.
Zoning By-Law 1784
Section 14.4 - 7
14.4.4
High Density Zone (HD) Zone Provisions
(a)
Lot and Building Requirements by Building Type
The following Table 14.4(4) and additional provisions establish the zone standards that apply to the High Density zone.
Table 14.4(4): High Density (HD) Zone Standards
Building Type
Min.
Lot
Area
(m2)
Min. Lot
Frontage
Min.
Front
Yard
Max.
Front
Yard
Min.
Interior
Side Yard
Min.
Ext.
Side
Yard
Min.
Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Street townhouse
dwelling unit
As per the Medium Density Zone described in 14.4.3
Block townhouse
dwelling
As per the Medium Density Zone described in 14.4.3
Back to back
townhouse
dwelling unit
As per the Medium Density Zone described in 14.4.3
Stacked
townhouse
dwelling
As per the Medium Density Zone described in 14.4.3
Apartment
building/
Retirement home/
Long term care
home
NR
NR
3 m(1)
6 m(2)
6 m (1)
3 m(1)
7.5m
(1)
NR
NR
3 storeys
12 storeys
Notes:
NR = No Requirement
(1) Except that for an underground parking area the minimum setback shall be 0 metres.
(2) Except that a maximum of 25% of the building facing the street may have a greater front yard depth.
Zoning By-Law 1784
Section 14.4 - 8
(b)
Additional Provisions
(i)
The minimum residential density shall be 75 dwelling units per net
hectare and the maximum residential density shall be 150 dwelling
units per net hectare.
(ii)
For street townhouse dwellings, block townhouse dwellings, back to
back townhouse dwellings and stacked townhouse dwellings, the
respective additional provisions of subsection 14.4.3 apply.
(iii)
The following provisions apply to an apartment building, long term
care home or retirement home:
(a)
Where buildings are 8 storeys of more in height, a 3 to 5
storey podium shall be provided and the point tower
portion of the building shall be set back a minimum of 3
metres from the outer edge of the exterior wall of the
podium.
(b)
Where the rear yard of a lot containing an apartment
building, long term care home or retirement home abuts a
lot in the Low Density or Medium Density Zone, the
building height above 12.0 metres shall be limited by a 45-
degree angular plane measured from a height of 12.0
metres at the 7.5 metre setback from an adjoining Low or
Medium Density Zone.
(c)
Where the side yard of a lot containing an apartment
building, long term care home or retirement home abuts a
lot in the Low Density or Medium Density zone, the
building height above 12.0 metres shall be limited by a 45-
degree angular plane measured from a height of 12.0
metres at the 6 metre setback from an adjoining Low or
Medium Density Zone.
Illustration of Angular plane for rear yard abutting a rear yard
of a residential use
(d)
The minimum separation distance between buildings with
a point tower shall be 25 metres.
Zoning By-Law 1784
Section 14.4 - 9
(e)
The minimum separation distance between apartment
buildings of less than 8 storeys on one lot shall be 12
metres.
(f)
The minimum landscaped open space on the lot shall be
25%.
(g)
Any above ground parking structure:
(i)
shall be inside the building such that the
perimeter wall of the parking structure shall not
be exposed to view from the street;
(ii)
the portion of all floors facing a street shall be
occupied by uses permitted in the zone other
than parking, except for any egress or ingress
driveway or ramp leading to the parking structure;
(iii)
the uses required in (g)(ii) above shall extend at
least 10.0 metres in depth from the wall facing
the street and extend to the same height as the
proposed parking structure;
(iv)
shall be no higher than four storeys or the height
of the podium where a podium is provided
Zoning By-Law 1784
Section 14.5 - 1
14.5
West Whitby Institutional Zone Regulations
14.5.1
Uses Permitted
The following Table 14.5 (1) and additional provisions establish the uses permitted in
the West Whitby Institutional (IWW) Zone. The uses permitted the IWW Zone are
identified in Table 14.5 (1) through "Yes" under the column related to each zone.
Table 14.5 (1): Uses Permitted in the West Whitby Institutional Zone
Use
IWW Zone
Assembly Hall
Yes
Community centre
Yes
Day care establishment
Yes
Long term care home
Yes
Place of worship
Yes
School
Yes
14.5.2
West Whitby Institutional (IWW) Zone Provisions
(a)
Lot and Building Requirements by Use
The following Table 14.5 (2) establishes the zone standards that apply to the
West Whitby Institutional (IWW) Zone.
Table 14.5 (2): West Whitby Institutional (IWW) Zone Standards
14.5.3
Exceptions
(1)
Exception 1: IWW-1
SW-2024-02
1.
Defined Area
The lands located east of Coronation Road and north of Fire King
Drive and zoned IWW-1 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-
law amendment shall be governed by the relevant provisions of By-
law #1784.
2.
Uses Permitted
No person shall within any IWW-1 Zone use any lot or erect, alter
or use any building or structure except for one or more of the
following uses:
Zone
Min.
Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side
Yard
Min.
Rear
Yard
Minimum
Landscaped
Open Space
Max.
Building
Height
Institutional
NR
NR
4 m
3 m
4 m
7.5 m
30% of the lot
area
15 m
(8164-25)
Zoning By-Law 1784
Section 14.5 - 2
-
All uses permitted in the IWW Zone in accordance with Table
14.5(1)
Notwithstanding the definition of Place of Worship in Section 14.1
and any other definitions to the contrary, additional uses permitted
in a Place of Worship may also include a day care establishment
and a maximum of two guest suites in which sanitary facilities and
cooking facilities may be provided.
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any
IWW-1 Zone the following provisions shall apply to a Place of
Worship:
(a)
Number of Parking Spaces
The minimum number of required parking spaces for the
sanctuary (worship area) and the assembly hall portion of
the building shall be calculated based on the room that
generates the greatest occupancy capacity.
(b)
Number of Loading Spaces
Minimum
0.0 spaces
Zoning By-Law 1784
Section 14.6 - 1
14.6
Mixed Use Zone Regulations
14.6.1
Uses Permitted
The following Table 14.6(1) establishes the uses permitted in the Mixed Use One
North (MX1N), Mixed Use One South (MX1S), Mixed Use Two (MX2) and Mixed Use
Two Special (MX2S) Zones. The uses permitted in the MX1N, MX1S, MX2 and
MX2S Zones are identified in Table 14.6(1) through "Yes" under the column related to
each zone. The uses not permitted in the MX1S, MX2, and MX2S Zones are
identified in Table 14.6(1) through a not permitted (n/p) symbol under the column
related to each zone. Where a "Q" is shown in the column under a zone, a
qualification applies to a permitted use as described following Table 14.6(1).
Table 14.6(1): Uses Permitted in Mixed Use Zones
Non- Residential Use
MX1N
Zone
MX1S
Zone
MX2
Zone
MX2S
Zone
Animal care establishment
Yes
Q1
Q2
Q2
Art gallery
Yes
Q1
Q2
Q2
Assembly hall
Yes
Q1
Q2
Q2
Catering service establishment
Yes
Q1
Q2
Q2
Clinic
Yes
Q1
Q2
Q2
Commercial school
Yes
Q1
Q2
Q2
Community centre
Yes
Q1
Q2
Q2
Day care establishment
Yes
Q1
Q2
Q2
Eating establishment
Yes
Q1
Q2
Q2
Eating establishment, take-out
Yes
Q1
Q2
Q2
Financial institution
Yes
Q1
Q2
Q2
Food store
Yes
Q1
Q2
Q2
Hotel
Yes
n/p
n/p
n/p
Library
Yes
Q1
Q2
Q2
Museum
Yes
Q1
Q2
Q2
Office
Yes
Q1
Q2
Q2
Personal service establishment
Yes
Q1
Q2
Q2
Place of entertainment
Yes
Q1
Q2
Q2
Place of worship
Yes
Q1
Q2
Q2
Private school
Yes
Q1
Q2
Q2
Recreational club or facility
Yes
Q1
Q2
Q2
Retail store
Yes
Q1
Q2
Q2
(7252-17)
Zoning By-Law 1784
Section 14.6 - 2
Non- Residential Use
MX1N
Zone
MX1S
Zone
MX2
Zone
MX2S
Zone
Service shop
Yes
Q1
Q2
Q2
Studio
Yes
Q1
Q2
Q2
Supermarket
Yes
Q1
n/p
Q2,Q3
Veterinary clinic
Yes
Q1
n/p
n/p
Wellness centre
Yes
Q1
Q2
Q2
Residential Use
MX1N
Zone
MX1S
Zone
MX2
Zone
MX2S
Zone
Street townhouse dwelling
Yes
Yes
Q2
Q2
Block townhouse dwelling
Yes
Yes
Q2
Q2
Back to back townhouse dwelling
Yes
Yes
Q2
Q2
Stacked townhouse dwelling
Yes
Yes
Q2
Q2
Apartment building
Yes
Yes
Q2
Q2
Retirement home
Yes
Yes
Q2
Q2
Long term care home
Yes
Yes
Q2
Q2
Live work dwelling
Yes
Yes
Yes
Yes
Qualifications:
Q1
Use must be integrated with residential uses on the same lot and may be integrated
in the same building.
Q2
Residential and non-residential uses must be integrated within each area zoned MX2
or MX2S and may be integrated in the same building.
Q3
Permitted at the north east corner of Taunton Road West and Des Newman
Boulevard.
Zoning By-Law 1784
Section 14.6 - 3
14.6.2
Mixed Use Zone Provisions
(a)
Lot and Building Requirements by Building Type
The following Table 14.6(2) and additional provisions establish the zone standards that apply to the Mixed Use 1 North (MX1N),
Mixed Use One South (MX1S), Mixed Use Two (MX2) and Mixed Use Two Special (MX2S) Zones. Except as otherwise noted, the
provisions apply to each of these zones.
Table 14.6(2): Mixed Use Zone Standards
Building Type
Minimum
Lot Area
(m2)
Minimum Lot
Frontage
Minimum
Front Yard
Maximum
Front Yard
Minimum
Interior
Side Yard
Minimum
Exterior
Side Yard
Min. Rear Yard Minimum
Outdoor
Private
Amenity
Space
Minimum
Front Yard
Landscaped
Open Space
Minimum
Building
Height
Maximum
Building
Height
Street townhouse
dwelling unit with a
front access garage
160 m2/
unit (14)
6 m/unit
except 5.5m/
unit on a
private street
(9)
3 m(1)
NR
1.2 m(12)
3 m(1)
7.5 m
NR
25%
3 storeys (6)
4 storeys
Street townhouse
dwelling unit with a
detached rear garage
165 m2/
unit
5.5 m/ unit(9) 3 m
NR
1.2 m(12)
3 m(1)
2.5 m. to a
garage, or
unenclosed
parking space
(2)(13)
25 m2 /unit 50%
3 storeys (6)
4 storeys
Street townhouse
dwelling unit with an
integral rear garage
108 m2/
unit
5.5 m /unit(9) 3 m
NR
1.2 m(11) (12) 3 m(1)
2.5 m. to a
garage, carport,
or unenclosed
parking space
(2)(13)
15 m2/
unit(10)
50%
3 storeys (6)
4 storeys
Block townhouse
NR
30 m
3 m(1)
NR
1.2 m
3 m(1)
7.5 m
NR
NR
3 storeys (6)
4 storeys
Stacked townhouse
dwelling
NR
30 m
3 m(1)
NR
1.2 m
3 m(1)
7.5 m
NR
NR
3 storeys (6)
4 storeys
Back to back
townhouse dwelling
unit
75 m2/ unit 5.5 m / unit(9) 3 m(1)
NR
1.2 m(12)
3 m(1)
NR
7.5 m2/ unit NR
3 storeys (6)
4 storeys
(7414-18)
Zoning By-Law 1784
Section 14.6 - 4
Building Type
Minimum
Lot Area
(m2)
Minimum Lot
Frontage
Minimum
Front Yard
Maximum
Front Yard
Minimum
Interior
Side Yard
Minimum
Exterior
Side Yard
Min. Rear Yard Minimum
Outdoor
Private
Amenity
Space
Minimum
Front Yard
Landscaped
Open Space
Minimum
Building
Height
Maximum
Building
Height
Live work dwelling
135 m2
5.5 m/unit (9) 0.0 m
3 m (3)
1.2 m(12)
3 m(1)
2.5 m. to a
garage, carport,
or unenclosed
parking space
(2)(13)
15 m2/
unit(10)
NR
3 storeys (6)
4 storeys
Apartment building/
Retirement home/
Long term care home
NR
NR
0.0 m
3 m (3) (15)
0.0 m(5)
0.0 m/ Max.3
m (3)(15)
7.5 m (4)
NR
NR
3 storeys (6)
8 storeys (7)(8)
(18)
Non-residential
building
NR
NR
0.0 m
3 m (3) (15)
0.0 m(17)
0.0 m / Max.
3 m (3)(15)
0.0 m(17)
NR
NR
2 storeys (16) 8 storeys (7)(8)
(18)
Notes:
NR = No Requirement
(1)
Except that for the wall of the private garage containing the opening for a vehicle, the minimum yard shall be 5.8 metres.
(2)
Except that the minimum distance shall be 1.75 metres where access to a garage, carport or unenclosed parking space is provided from both sides of a
lane.
(3)
A maximum of 25% of the building facing a street can have a greater yard.
(4)
Except that for an underground parking area the minimum setback shall be 0 metres.
(5)
Except that the minimum side yard shall be 3 metres abutting a Low Density or Medium Density Zone.
(6)
Except that the minimum number of storeys in the MX2 Zones located at the corner of Coronation Road and Twin Streams Road and at the corners of Des
Newman Boulevard and Bonacord Avenue shall be 2 storeys.
(7)
Except that in the MX1N and MX1S Zones, the maximum building height may be increased to 12 storeys in locations identified in a Gateway Area where
such locations are determined to be within 200 metres measured along all street lines at the intersection of Rossland Road West and Des Newman
Boulevard.
(8)
Except that the maximum number of storeys in the MX2 Zones located at the corner of Coronation Road and Twin Streams Road and at the corners of
Des Newman Boulevard and Bonacord Avenue, shall be 4 storeys.
(9)
Except that for a corner lot, the minimum lot frontage per unit shall be 9 metres.
(10) Except that the minimum private amenity space shall be 10 square metres for lots with frontages of less than 6 metres.
(11) Within a street townhouse dwelling, if no common wall exists between the rear garages of attached units, the minimum interior side yard for the garage
portion of the building and any space above shall be 0.6 metres.
(12) Where no common wall exists.
(13) Except that the minimum distance from the travelled portion of an internal roadway or private street shall be 2.75 metres.
(14) Except the minimum lot area shall be 145 square metres on a private street.
(15) This provision only applies to buildings within 30 metres of a street line.
(16) For a non-residential building, the requirement for a building to be two storeys shall be considered to be met where the building has a minimum height of 7.5
metres and there is functional space above the first storey.
(17) Except that the minimum interior side yard and minimum rear yard shall be 7.5 metres abutting a Low Density or Medium Density Zone
(18) Except that in the MX2S Zones situated along Taunton Road West, west of Coronation Road and west of Cochrane Street, the maximum building height
may be increased to 12 storeys.
Zoning By-Law 1784
Section 14. - 5
(b)
Additional Provisions
(i)
For a street townhouse dwelling unit with a detached rear garage, the minimum
separation distance between the detached rear garage and the dwelling unit shall
be 5 metres.
(ii)
The following additional provisions apply to block townhouse dwellings:
(a)
The minimum width of each dwelling unit shall be 5.5 metres.
(b)
The minimum separation distance between block townhouse dwellings
on the same lot shall be 2.4 metres for an end wall to end wall condition,
15 metres for a rear wall to rear wall condition, and 15 metres for a front
wall to front wall condition.
(c)
The provisions pertaining to setbacks for garages in subsection 14.2
apply to block townhouse dwellings, and for the purpose of applying
these provisions to block townhouse dwellings, the boundary of an
internal roadway shall be deemed to be a lot line and a theoretical line
extending from the vertical division of the block townhouse dwelling
units to the boundary of the internal roadway shall be considered the
side lot line.
(d)
The minimum distance from an end wall to an internal roadway shall be
1.8 m.
(e)
The minimum distance from a wall other than an end wall to an internal
roadway shall be 3.0 m
(f)
The minimum distance from an integral garage of a block townhouse
dwelling unit to an internal roadway shall be 5.8 m.
(g)
The minimum landscaped open space on the lot shall be 30%.
(iii)
The following additional provisions apply to back to back townhouse dwellings:
(a)
The minimum lot depth for a back to back townhouse dwelling unit shall
be 13.5 metres.
(b)
The minimum distance from an end wall to an internal roadway shall be
1.8 m.
(c)
The minimum distance from a wall other than an end wall to an internal
roadway shall be 3.0 m
(d)
The minimum distance from an integral garage of a back to back
townhouse dwelling unit to an internal roadway shall be 5.8 m.
(iv)
The following additional provisions apply to stacked townhouse dwellings:
(a)
The minimum separation distance between stacked townhouse
dwellings on the same lot shall be 2.4 metres for an end wall to end wall
condition, 15 metres for a rear wall to rear wall condition, and 15 metres
for a front wall to front wall condition.
(b)
The minimum distance from an end wall to an internal roadway shall be
1.8 m.
(c)
The minimum distance from a wall other than an end wall to an internal
roadway shall be 3.0 m
Zoning By-Law 1784
Section 14. - 6
(d)
The minimum distance from an integral garage of a stacked townhouse
dwelling unit to an internal roadway shall be 5.8 m.
(e)
The minimum landscaped open space on the lot shall be 30%.
(v)
The following additional provisions apply to non-residential buildings, apartment
buildings, retirement homes or long term care homes:
(a)
In no case shall a parking area be permitted between a building and the
front lot line.
(b)
Parking areas adjacent to a street shall be separated from the street by
a landscaped open space area having a minimum width of 2.5 metres
excluding any driveways.
(c)
The maximum elevation of the ground floor of the first storey above
finished grade level at the primary entrance door shall be 0.6 metres.
(d)
The minimum height of the first storey for all non-residential uses shall
be 3.5 metres.
(vi)
The following additional provisions apply to live work dwellings:
(a)
The following uses are permitted as the non-residential component of a
live work dwelling:
(i)
Art gallery
(ii)
Catering service establishment
(iii)
Eating establishment
(iv)
Eating establishment, take out
(v)
Food store
(vi)
Office
(vii)
Personal service establishment
(viii)
Retail store
(ix)
Studio
(x)
Wellness centre
(b)
The minimum gross floor area for all non-residential uses situated on
the first storey shall be 60 square metres excluding any floor area used
for a washroom, mechanical or electrical room or storage room. Non-
residential uses shall not be permitted above the first storey.
(c)
The basement may be used for storage for the non-residential use.
(d)
In no case shall a parking area be permitted between a building and the
front lot line.
(e)
The maximum elevation of the ground floor of the first storey above
finished grade level at the primary entrance door shall be 0.6 metres.
(f)
The minimum height of the first storey for all non-residential uses shall
be 3.5 metres.
Zoning By-Law 1784
Section 14. - 7
(vii)
The following additional provisions apply to an apartment building, long term care
home or retirement home:
(a)
Where buildings are 8 storeys or more in height, a 3 to 5 storey podium
shall be provided and the point tower portion of the building shall be set
back a minimum of 3 metres from the outer edge of the exterior wall of
the podium.
(b)
Where the rear yard of a lot containing an apartment building, long term
care home or retirement home abuts a lot in the Low Density or Medium
Density Zone, the building height above 12.0 metres shall be limited by
a 45-degree angular plane measured from a height of 12.0 metres at
the 7.5 metre setback from an adjoining Low or Medium Density Zone.
(c)
Where the side yard of a lot containing an apartment building, long term
care home or retirement home abuts a lot in the Low Density or Medium
Density Zone, the building height above 12.0 metres shall be limited by
a 45-degree angular plane measured from a height of 12.0 metres at
the 3 metre setback from an adjoining Low or Medium Density Zone.
(d)
The minimum separation distance between the point tower portions of
adjacent buildings shall be 25 metres.
(e)
The minimum landscaped open space on the lot shall be 25%.
Illustration of angular plane for rear yard abutting a rear yard of a
residential use in a Low Density or Medium Density Zone
(viii)
The following additional provisions apply to above ground parking structures:
(a)
Any above ground parking structure shall be inside the building such
that the perimeter wall of the parking structure shall not be exposed to
view from the street;
(b)
The portion of all floors facing a street shall be occupied by uses
permitted in the zone other than parking, except for any egress or
ingress driveway or ramps leading to the parking structure;
(c)
The uses required in (viii)(b) above shall extend at least 10.0 metres in
depth from the wall facing the street and extend to the same height as
the proposed parking structure;
(d)
Any above ground parking structure shall be no higher than four storeys
or the height of the podium where a podium is provided.
Zoning By-Law 1784
Section 14. - 8
(ix)
The following additional provisions apply to drive through lanes:
(a)
Drive through lanes shall not be permitted between a building and a
public street where the building is located within 20 metres of the public
street;
(b)
Drive through lanes shall not be within 7.5 metres of a residential use;
(x)
For Mixed Use 1 Zones (MX1N and MX1S):
(a)
The maximum gross leasable area for all retail store and personal
service establishment uses in the Mixed Use 1 Zones shall be 15,000
square metres.
(b)
The minimum residential density shall be 45 units per net hectare.
(xi)
For Mixed Use 2 Zones (MX2 and MX2S):
(a)
Where the MX2 or MX2S Zone abuts Dundas Street West or Taunton
Road West, the minimum residential density shall be 60 units per net
hectare.
(b)
Where the MX2 or MX2S Zone abuts Coronation Road or Des Newman
Boulevard, but does not also abut Dundas Street West or Taunton
Road, the minimum residential density shall be 45 units per net hectare
and the maximum residential density shall be 70 units per net hectare.
(xii)
For the Mixed Use 2 Zone (MX2):
(a)
The maximum gross leasable area for all retail store and personal
service establishment uses shall be 1,500 square metres.
(xiii)
For the Mixed Use 2 Special Zone (MX2S):
(a)
The maximum gross leasable area for retail store and personal service
establishment uses shall be 3,500 square metres, except at the
intersection of Taunton Road West and Des Newman Boulevard where
the maximum gross leasable area shall be 7,560 square metres.
(xiv)
Notwithstanding the definition of a lot, any severances by way of consent, or the
registration at any time of any Condominium Declaration, Plan of Subdivision, or
conveyance, the original boundary of a lot in the MX1N, MX1S, MX2 and MX2S
Zone shall continue to be considered to be the lot boundary.
14.6.3 Exceptions
(1)
Exception 1: MX1N-1
840 Rossland Road West
1.
Defined Area
The lands located north of Rossland Road West and south of the Canadian
Pacific Railway rail line and zoned MX1N-1 shall be subject to the provisions
as hereinafter contained. Matters not specifically dealt with in this By-law
amendment shall be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any MX1N-1 Zone use any lot or erect, alter or use
any building or structure except for the following uses:
-
apartment building
(7653-20)
Zoning By-Law 1784
Section 14. - 9
-
mixed use building containing one or more of the non-residential uses
permitted in the MX1N Zone
Provided that any buildings situated to the east or west of the proposed
entrance driveway and adjacent to Rossland Road West shall only be
developed as mixed use buildings.
3.
Zone Provisions
In any MX1N-1 Zone, the applicable zone provisions of By-law #1784 shall
continue to apply including the applicable provisions of subsection 14.6.2
except that the following additional provisions shall also apply:
(a)
Lot Line Determination
The lot line abutting Rossland Road West shall be deemed the front
lot line and the lot line abutting the Canadian Pacific Railway right
of way shall be deemed the rear lot line and all other lot lines shall
be deemed interior side lot lines.
(b)
Net Residential Density
Maximum
280 units per net hectare
Provided however that the calculation of net residential density
includes any aisles, driveways and/or internal roadways.
(c)
Height of Building
Maximum
12 storeys
Provided however that any building situated to the east of the
proposed entrance driveway and adjacent to the Rossland Road
West street line shall have a maximum height of 7 storeys.
Provided further that any building situated to the west of the
proposed entrance driveway and adjacent to the Rossland Road
West street line shall have a maximum height of 8 storeys.
(d)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an
elevator penthouse, mechanical room, stair tower, roof top access,
activity room and any architectural features shall not exceed 6
metres.
(e)
Non-Residential Provisions
(i)
The minimum gross floor area devoted to non-residential
uses shall be 900 m2 excluding outdoor patios related to
non-residential uses.
(ii)
Non-residential uses, where integrated in a mixed use
building, shall only be permitted on the first and second
storey.
(iii)
The minimum floor to ceiling height of the first storey for all
non-residential uses shall be 4.5 m.
Zoning By-Law 1784
Section 14. - 10
(iv)
Notwithstanding the minimum building yard setback
provisions of this By-law to the contrary, any outdoor patio
or any ornamental or architectural structure such as a
canopy or a colonnade may project to within 0.3 m of the
property line.
(v)
No drive through facilities are permitted.
(f)
Parking and Loading Requirements
Notwithstanding any provisions of Section 4A and subsection 14.3
to the contrary, the following provisions shall apply:
(i)
Number of Resident Parking Spaces
Minimum
1.0 space per apartment
dwelling unit
(ii)
Number of Visitor Parking Spaces
Minimum
0.15 spaces per apartment
dwelling unit
(iii)
Number of Non-Residential Parking Spaces
Minimum
1.0 space per 23 m2 of
gross leasable area
(iv)
Any parking structure situated below finished grade may
be located no closer than 1.0 m to any street line or any
other lot line provided that any roof deck or finished top
level of the parking structure is not greater than 1.0 m
above finished grade. This provision shall also apply to
ventilation shafts, stairways and other similar facilities
associated with a parking structure that projects above
finished grade.
(v)
Any parking area or parking spaces at finished grade shall
be setback a minimum distance of 2.5m from any street
line, 2.0 m from any other lot line, 3.5 m from the exterior
wall of a main building other than an end wall and 1.8 m
from an end wall.
(vi)
Tandem parking spaces shall be permitted and be
counted as two parking spaces only where used by an
owner or tenant of one dwelling unit.
(vii)
The parking space dimensions for an accessible parking
space shall be:
Type of Space
Min.
Length
Min.
Width
Min.
Height
Accessible Parking
Space
5.8 m
3.4 m
2.4 m
4.
Zone Provisions That Do Not Apply
The following subsections of By-law #1784 shall not apply to the lands
zoned MX1N-1 by this By-law Amendment
14.6.2.(b)(vii)(a)
Zoning By-Law 1784
Section 14. - 11
5.
Definitions
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where a conflict between the
definitions set forth hereunder and those set forth in Section 2 and
subsection 14.1 of By-law #1784, the following definitions shall apply:
(a)
"Landscaped Open Space" means the open unobstructed space
on a lot which is suitable for the growth and maintenance of grass,
flowers, trees and shrubs, and other landscaping or other common
outdoor recreational activity space and includes any surfaced walk,
patio and open space areas or other common outdoor recreational
activity areas or similar landscaped space on the roof of a building,
but does not include any driveway or ramp whether surfaced or not,
nor any curb, retaining wall, parking area, private balcony or private
terrace.
(2)
Exception 2: MX2S-2
North-east corner of Dundas Street West and Des Newman Boulevard
1.
Defined Area
The land located at the north-east corner of Dundas Street West and Des
Newman Boulevard and zoned MX2S-2 shall be subject to the provisions as
hereinafter contained. Matters not specifically dealt with in this By-law
amendment shall be governed by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any MX2S-2 Zone use any lot or erect, alter or use
any building or structure except for one or more of the following uses:
-
all uses permitted in the MX2S Zone
-
mixed use building containing one or more of the permitted non-
residential uses in the MX2S Zone in conjunction with one or more of
the following residential uses:
-
apartment dwelling units
-
seniors apartment dwelling units
-
long term care home
-
retirement home
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any MX2S-2
Zone, the following provisions shall apply to a mixed use building as
described in subsection 2 above:
(a)
Lot Line Determination
Notwithstanding the definition of "Lot, Through Corner" the lot line
abutting Dundas Street West shall be deemed the front lot line and
the lot line opposite the front lot line abutting Bluegill Crescent shall
be deemed the rear lot line. The lot line abutting Des Newman
Boulevard shall be deemed the exterior side lot line and the lot line
opposite the exterior side lot line abutting Coho Drive shall be
deemed the interior side lot line.
(7931-22)
Zoning By-Law 1784
Section 14. - 12
(b)
Height of Building
Maximum
9 storeys
Notwithstanding any definitions or zone provisions to the contrary,
the height of building shall be determined from the finished grade
level at the main entrance to the building which is situated on the
north façade of the building.
(c)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an
elevator penthouse, mechanical room, stair tower, roof top access
room, indoor amenity space including washroom facilities and any
architectural features shall not exceed 7.0 metres.
Notwithstanding any definitions to the contrary, roof top
appurtenances such as those listed above shall not constitute a
storey when determining maximum height of building.
(d)
Non-Residential Provisions
(i)
The minimum gross floor area devoted to non-residential
uses shall be 460m2 inclusive of any directly related refuse
and recycling area but excluding outdoor patios related to
non-residential uses.
(ii)
Non-residential uses shall only be permitted on the first
storey
(iii)
No drive through facilities are permitted.
(e)
Parking and Loading Requirements
(i)
Tandem parking spaces shall be permitted and be
counted as two parking spaces only where used by an
owner or tenant of one dwelling unit.
(ii)
The parking space dimensions for an accessible parking
space shall be
Type of Space
Min.
Length
Min.
Width
Min.
Height
Accessible Parking Space
5.8 m
3.4 m
2.4 m
(f)
Parking Structures
Notwithstanding any definitions or zone provisions to the contrary,
any below grade exit stairs from the underground parking structure
and any related stair enclosure structure may be located no closer
than 0.45 metres from a street line provided no stair enclosure
structure shall exceed 3.0 meters in height.
4.
Definitions
For the purpose of the interpretation of the various zone provisions set forth
above, the following definitions shall apply and where a conflict between the
definitions set forth hereunder and those set forth in Section 2 and
subsection 14.1 of By-law #1784, the following definitions shall apply:
Zoning By-Law 1784
Section 14. - 13
(a)
Retirement Home means a building or part of a building containing
semi-independent or other special needs living accommodation
wherein a central kitchen and dining facilities, common amenity
spaces, housekeeping services and onsite medical services are
provided and where commercial, office and personal service
establishment type uses may be provided and may also include
independent dwelling units.
(b)
Amenity Space, Common means indoor or outdoor space
including a roof area that is communal and available for use by the
occupants of a building on a lot for recreational or social activities.
5.
Zoning Provisions That Do Not Apply
The following provisions of By-law #1784 shall not apply to the lands zoned
MX2S-2 by this By-law amendment:
4(g)
Sight Triangles
4(l)
Roads
4(m)
Ten Percent (%) of Every Lot
4(w)
Satellite Dishes
14.6.2 (b)(vii)(a)
Zoning By-Law 1784
Section 14.7 - 1
14.7
Prestige Employment Zone Regulations
14.7.1
Uses Permitted
The following Table 14.7 (1) and additional provisions establish the uses permitted in the
Prestige Employment (PE) Zone. The uses permitted in the PE Zone are identified in Table
14.7 (1) through "Yes" under the column related to each zone.
Table 14.7 (1): Uses Permitted in Prestige Employment Zone
Use
PE Zone
Ancillary retail sales
Yes
Assembly hall
Yes
Banquet hall
Yes
Business services including industrial supply, printing/graphic design establishment
and other similar services
Yes
Catering service establishment
Yes
Commercial school
Yes
Communication facility
Yes
Craft brewery
Yes
Data centre
Yes
Equipment sales and rental - light
Yes
Eating establishment
Yes
Eating establishment, takeout
Yes
Financial institution
Yes
Food preparation plant
Yes
Health care complex
Yes
Hotel
Yes
Light manufacturing
Yes
Medical marihuana production facility
Yes
Office
Yes
Personal service establishment
Yes
Pharmaceutical production facility
Yes
Place of entertainment
Yes
Recreational club or facility
Yes
Research and development facility
Yes
Technology industry
Yes
(7252-17)
Zoning By-Law 1784
Section 14.7 - 2
14.7.2
Uses Prohibited
The following uses shall be prohibited:
-
automobile sales establishment;
-
elementary school, secondary school and private school;
-
public garage
-
retail store
-
salvage yard
-
self storage warehouse
-
warehouse facility
-
waste processing station, waste transfer station and recycling facility.
14.7.3
Prestige Employment (PE) Zone Provisions
(a)
Lot and Building Requirements by Use
The following Table 14.7 (2) establishes the zone standards that apply to the
Prestige Employment (PE) Zone.
Table 14.7 (2): Prestige Employment (PE) Zone Standards
Zone
Min. Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Minimum
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Prestige
Employment
0.4 ha
30 m
6 m
3 m
4 m
7.5 m
10% of the lot
area
1 storeys (1) 4 storeys (2)
Notes:
NR = No Requirement
(1) Except that the minimum building height shall be 2 storeys for buildings containing permitted commercial or
personal service uses or buildings within a Gateway Area where such locations are determined to be within
200 metres measured along all street lines at the intersection of Taunton Road West and Des Newman
Boulevard and at the intersection of Rossland Road West and Des Newman Boulevard. The requirement for a
building to be two storeys shall be considered to be met where the building has a minimum height of 7.5
metres and there is functional space above the first storey.
(2) Except that the maximum building height shall be 12 storeys within a Gateway Area where such locations are
determined to be within 200 metres measured along all street lines at the intersection of Taunton Road West
and Des Newman Boulevard and at the intersection of Rossland Road West and Des Newman Boulevard.
(b)
Additional Provisions
(i)
The maximum gross floor area permitted for personal service
establishments, eating establishments, takeout eating
establishments, financial institutions, or recreational clubs or
facilities shall be 500 square metres per premise.
(ii)
A maximum of 3 personal service establishment, eating
establishment, takeout eating establishment, financial institution or
recreational club or facility premises are permitted on a lot.
Zoning By-Law 1784
Section 14.7 - 3
(iii)
For ancillary retail sales within light manufacturing uses, up to a
maximum of 10 percent of the gross floor area of a use may be
used for the display and retail sale of products manufactured,
fabricated, processed or assembled on the premises provided the
retail sales and display area is separated from the principal
manufacturing use by solid partition walls and does not occupy
more than 500 square metres of gross floor area.
(iv)
The maximum gross floor area for all other ancillary retail sales
shall be 500 square metres per premise.
(v)
The minimum gross floor area for a Health Care Complex shall be
2,000 square metres.
(vi)
No office use with a gross leasable area greater than 10,000
square metres shall be permitted unless such office use is
integrated with other permitted uses on the same lot.
(vii)
Save and except parking and the temporary storage of refuse in
accessory bulk containers or receptacles for immediate pickup, all
permitted uses and other operations incidental thereto including
storage shall be carried on internal to a building.
(viii)
A landscaped open space strip measuring a minimum of 3 metres
in width shall be provided adjacent to any lot line abutting a street.
14.7.4
Exceptions
Exception 1: PE-1
Block 270 on Plan 40M-2647
1.
Defined Area
The lands located west of Des Newman Boulevard and north of Woodrow Court and
zoned PE-1 shall be subject to the provisions as hereinafter contained. Matters not
specifically dealt with in this By-law amendment shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
No person shall within any PE-1 Zone use any lot or erect, alter or use any building or
structure except for one or more of the following uses:
-
All uses permitted in the PE Zone
-
Commercial self-storage warehouse
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any PE-1 Zone the
following provisions shall apply:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other provisions of
By-law #1784 and notwithstanding the obtaining of any severance by way of
a consent under the provisions of the Planning Act, R.S.O. 1990, C. P.13 as
amended from time to time, or the registration at any time of any
Condominium Declaration, a Plan of Subdivision, or conveyance with
respect to any portion of the said land, the land zoned PE-1 by this By-law
shall be considered to be one lot.
(7900-22)
Zoning By-Law 1784
Section 14.7 - 4
(b)
Location of Commercial Self-Storage Warehouse Buildings
No commercial self-storage warehouse building shall be situated any closer
than 90 metres from the Des Newman street line.
(c)
Parking Requirements
(i)
Number of Parking Spaces
The minimum number of outdoor parking spaces required for any
commercial self-storage warehouse buildings with a maximum
gross floor area of 12,200 m2 shall be 1 parking space per 500 m2.
4.
Zoning Provisions That Do Not Apply
The following zone provisions shall not apply to the lands zoned PE-1 by this By-law
amendment:
4A 1.2(c) Parking Spaces Required - More Than One Use on a Lot
14.2.6
Frontage on a Street
4A 4.1(b) Non-Residential Parking Provisions - Location of Parking
4A 5.3
Loading Space Regulations - More Than One Use on a Lot
Exception 2: (PE-2)
Part of Block 271 Part 3, Plan 40M2647
1.
Defined Area
The lands located on the west side of Woodrow Court between Des Newman Boulevard
and Highway 412 and zoned PE-2 shall be subject to the provisions as hereinafter
contained. Matters not specifically dealt with in this By-law amendment shall be governed
by the relevant provisions of By-law #1784.
2.
Uses Permitted
No person shall within any PE-2 Zone use any lot or erect, alter or use any building or
structure except for one or more of the following uses:
-
All uses permitted in the PE Zone; and
-
Warehouse Facility
(4)
Exception 4 PE-4
Woodrow Court
1.
Defined Area
The lands located south of Woodrow Court and west of Des Newman Boulevard,
municipally known as Parts 2 and 3 of Block 271 on Plan 40M-2647 shall be
subject to the provisions as hereinafter contained. Matters not specifically dealt
with in this By-law amendment shall be governed by the relevant provisions of
By-law #1784.
2.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any PE-4 Zone
the following provisions shall apply to a hotel.
(7958-23)
(8097-24)
Zoning By-Law 1784
Section 14.7 - 5
(a)
Height of Building
Maximum
6 storeys
(b)
Number of Parking Spaces
Minimum
0.85 spaces per guest
room or suite plus 1 space
per 10 m2 of gross floor
area devoted to other
accessory uses such as a
restaurant, lounge,
meeting room or banquet
hall.
(c)
Number of Loading Spaces
Minimum
1.0 space
Zoning By-Law 1784
Section 15.1 - 1
Section 15 Brooklin Community Secondary Plan Area
15.1
Definitions
15.2
General Provisions
15.3
Parking and Loading Provisions
15.4
Residential - Brooklin Zone Regulations
15.5
Institutional - Brooklin Zone Regulations
15.6
Mixed Use - Brooklin Zone Regulations
15.7
Prestige Employment - Brooklin Zone Regulations
15.8
Business Park - Brooklin Zone Regulations
15.9
General Employment - Brooklin Zone Regulations
15.10
Local Commercial - Brooklin Zone Regulations
15.11
Special Purpose Commercial - Brooklin Zone Regulations
15.12
Natural Heritage System - Brooklin Zone Regulations
15.13
Natural Hazard Land - Brooklin Overlay Zone Regulations
15.1
Definitions
(a)
Notwithstanding Section 2 of By-law #1784, as amended, the following definitions shall apply
to all Brooklin Community Secondary Plan (B) Zones. Where a use is defined, it shall not be
interpreted to include any other defined use unless it is stated in the definitions to the contrary.
Where a word or term is not herein defined, the definitions of Section 2, as amended, shall
apply.
"Accessory Structure" means any structure the use of which is normally incidental to, and
subordinate to, the use of the main building or to the principal use of the lot on which such
accessory structure is located. Such accessory structure shall be separate from the main
building.
"Additional Dwelling Unit" means a separate self-contained dwelling unit either located
within a permitted residential dwelling or located within an accessory structure which is
secondary to the main residential building on the same lot.
"Amenity Space, Common" means indoor or outdoor space including a roof area that is
communal and available for use by the occupants of a building on a lot for recreational or
social activities.
"Amenity Space, Private" means indoor or outdoor space including a roof area that is for the
exclusive use of the occupants of a dwelling unit of a building on a lot for their personal
recreational or social activities.
"Ancillary retail sales" means retail uses associated with but clearly subordinate to a
principal use.
"Apartment building" means a building that contains four or more dwelling units where each
dwelling unit has a separate external access either directly from outside and/or through a
common inside area, and may contain other uses permitted in the zone in which it is permitted.
"Animal Care Establishment" means a building or part of a building where pets and domestic
animals are groomed and cared for during the day and may include ancillary retail sales of
grooming products, but shall not include the breeding of animals, a kennel or the boarding of
animals, or a veterinary clinic.
"Angular plane" means an imaginary flat surface projecting over a lot, at an inclined angle
measured up from the horizontal.
"Assembly Hall" means a building or part of a building in which facilities are provided for such
purposes as meetings for civic, educational, fraternal or social purposes, conferences,
conventions and trade shows and may include ancillary banquet facilities.
(7959-23)
Zoning By-Law 1784
Section 15.4 - 2
"Balcony" means an attached covered or uncovered platform projecting from the face of an
exterior wall, including above a porch, which is only directly accessible from within a building,
usually surrounded by a balustrade or railing, and does not have direct exterior access to
grade.
"Conservation Use" means a use dedicated towards the preservation, protection and/or
improvement of components of the natural environment through management and
maintenance.
"Commercial Self Storage Warehouse" means a building or part of a building where
separate compartmentalized storage units are made available to the public and where the
public are permitted to access the building only to place or remove their personal property.
"Craft Brewery/Distillery" means a building or part of a building where beverages are
prepared and offered for retail sale to the public for consumption on or off the site and where
the use is of a small-scale and may be associated with an eating establishment.
"Day Care Establishment" means:
(a)
premises where more than 5 children are provided with temporary care and/or
guidance for a continuous period but does not provide overnight accommodation and
are licensed in accordance with the applicable Provincial Act; or,
(b)
premises in which temporary care is provided or supplied on a regular schedule to
adults for a portion of a day but does not provide overnight accommodation.
"Driveway" means an unobstructed and maintained surfaced vehicular way of access from a
street, lane or internal roadway to facilities such as a parking area, parking space, aisle,
loading space, private garage, carport, parking structure, building or structure.
"Dwelling, Back To Back Stacked Townhouse" means a building containing more than six
dwelling units, each dwelling unit being separated from the other vertically including a common
rear wall and horizontally and whereby each dwelling unit has an independent entrance either
directly from the outside or through a common vestibule.
"Dwelling Unit, Back To Back Stacked Townhouse" means a dwelling unit in a back to
back stacked townhouse dwelling.
"Dwelling, Block Townhouse" means a building containing a minimum of three and a
maximum of eight dwelling units, wherein each dwelling unit is separated from the adjacent
dwelling unit by a common wall, and each dwelling unit has its own entrance from the outside
and a private garage, carport, or parking space and where each unit may share common
vehicular access to a public street via a driveway, but shall not include a street townhouse
dwelling.
"Dwelling Unit, Block Townhouse" means a dwelling unit in a block townhouse dwelling.
"Dwelling, Live Work" means a street townhouse dwelling unit, where the first storey, or part
thereof, is designed, constructed and used for non-residential uses as permitted by this By-
law. A live work dwelling shall not be considered a mixed use building.
"Dwelling, Semi-Detached" means a dwelling unit in a building that is divided vertically into
two dwelling units that share a common wall.
"Dwelling, Stacked Townhouse" means a building containing more than four dwelling units,
each dwelling unit being separated from the other vertically and horizontally and each unit
having a private entrance.
"Dwelling Unit, Stacked Townhouse" means a dwelling unit in a stacked townhouse
dwelling.
Zoning By-Law 1784
Section 15.4 - 3
"Dwelling, Street Townhouse" means a building containing a minimum of three and a
maximum of eight dwelling units, wherein each dwelling unit is on a separate freehold lot with
frontage on a street, and each dwelling unit is separated from the adjacent dwelling unit by a
common wall or a wall separating private garages, and each dwelling unit has its own entrance
from the outside, a driveway from a street or lane, and a private garage, carport, or parking
space.
"Dwelling Unit, Street Townhouse" means a dwelling unit in a street townhouse dwelling.
"Finished Grade Level" means the average elevation of the finished surface of the ground
abutting the front wall of the main building or structure nearest to the street, but shall not
include any embankment in lieu of steps.
"First Floor Height" means the height of the first storey.
"Food Preparation Plant" means a building or part of a building in which food products are
cooked, baked, mixed, packaged or otherwise prepared, for distribution to wholesale or retail
outlets.
"Food Store" means a building or part of a building having a gross leasable area of less than
1,200 square metres wherein various food, foodstuffs, groceries and other products used
within the household are sold and may include specialty food stores such as, but not limited in
kind to a health food store, a butcher shop, a retail bakery, a delicatessen, a fruit and
vegetable market, or other specialty food store.
"Front Wall" means the wall of a building facing or most nearly facing the street from which
the building has its primary entrance door.
"Heavy Equipment Sales and Service" means a building or part of a building where new
and/or used heavy equipment is kept for display and sale, and may include as an accessory
use the repair and service of heavy equipment, but shall not include a contractor's yard.
"Hazardous Lands" means property or land that could be unsafe for development due to
naturally occurring processes such as, for example, poor drainage, unstable or organic soils,
flood susceptibility or any other physical condition which could cause property damage, loss of
life, or lead to the deterioration or degradation of the environment.
"Height, Building" means the vertical distance between the finished grade level and, in the
case of a flat roof, the highest point of the roof surface, in the case of a mansard roof, the deck
roof line, and in the case of a gable, hip or gambrel roof, the mean heights between the eaves
and ridge exclusive of any accessory roof construction such as a chimney, tower, steeple,
antenna or communication dish.
"Industrial Use" means premises used for activities such as assembling, fabricating,
manufacturing, packaging, processing, repair activities, service trades and construction uses
and may include ancillary retail sales and distribution of such products.
"Internal roadway" means a right of way or roadway that provides vehicular access to the
parking areas and parking spaces on a residential property intended for multi-unit residential
development and is not a lane or private street.
"Lane" means a right of way or roadway owned and maintained by the Town that provides
vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a
lot fronts onto public or private open space.
"Landscaped Open Space" means open unobstructed space on a lot which is suitable for the
growth and maintenance of grass, flowers, bushes and other landscaping and, notwithstanding
the foregoing, includes any surfaced walk, patio or stairs, but does not include any driveway,
internal roadway or private street ramp or motor vehicle parking area, whether surfaced or not.
Zoning By-Law 1784
Section 15.4 - 4
"Light manufacturing" means a building or part of a building for the altering, assembling,
fabricating, processing, treating, or repairing of goods, wares, merchandise, substances,
articles, or products.
"Lot" means a parcel or contiguous parcels of land in one ownership which is capable of being
legally conveyed in accordance with the Planning Act or is described in accordance with a
registered Plan of Condominium, and includes a Parcel of Tied lLand but excludes a zero
decimal three metre reserve.
"Lot, Corner" means a lot situated at the intersection of and abutting upon two or more streets
or two portions of the same street, provided that the angle of intersection of such streets, or the
bend in such street is not more than 135 degrees.
Lot, Through Corner means a lot having separate limits on three or more separate streets.
Such through corner lot shall be deemed to have a front yard on each street in accordance
with the provisions of the zone or zones in which each front yard is located.
"Lot Line, Front" means the line that divides the lot from the street, provided that in the case
of a corner lot, the shorter lot line that so abuts the street is deemed to be the front line of the
lot, and the longer line that so abuts the street is deemed to be the exterior side lot line of the
lot. Where a lot is a through lot, the lot line abutting the wider street right of way shall be
deemed the front lot line.
However, where is lot is a through lot and the abutting streets are of equal right-of-way width,
the lot line where the principal access to the lot is provided, shall be deemed to be the front lot
line.
"Mixed Use Building" means a building in a Mixed Use Zone containing residential uses and
at least one other non-residential use.
"Passive Recreational Use" means outdoor recreational facilities including for example,
bicycle paths, walking or hiking trails, interpretative or educational signage, lookouts,
boardwalks, benches, shade structures, but shall not include trails for use by motorized
vehicles, or buildings.
"Personal Service Establishment" means a building or part of a building, where services are
provided and administered to individuals and their personal needs and where ancillary retail
sales is permitted and include, but is not limited to, hair care, esthetics, health and beauty
treatment, dressmaking, tailoring, shoe shining and repair, dry cleaner's distribution station and
laundromat or similar uses, but shall not include a body rub establishment.
"Place of Entertainment" means a building or part of a building intended for recreational or
entertainment uses, including a movie/film or other theatre, arena, auditorium, public hall,
bingo hall, billiard or pool room, bowling alley, paint ball, go kart, parkour, rock climbing,
gymnasium, escape room, axe throwing or similar such uses, and where all such uses are
contained within a fully enclosed structure.
"Place of Worship" means a building or part of a building used by any religious organization
for religious worship services, or rites and may include for example facilities such as
administrative offices, a rectory or manse, public hall or auditorium, rooms for meeting or
classes for religious instruction but shall not include any day care establishment or private
school.
"Podium" means the base of a building, in a building consisting of a base and a point tower
above the base.
"Point Tower" means the portion of a building above the podium of the building, where the
building is at least eight storeys.
"Private Street" means a right-of-way or roadway that provides vehicular access to individual
freehold lots or Parcels of Tied Land and is maintained by a condominium corporation and is
not a lane.
Zoning By-Law 1784
Section 15.4 - 5
"Recreational Club or Facility" means a building or part of a building where recreation,
sports and/or fitness activities are provided and shall include a private club.
"Roundabout" means an intersection with one-way circulation counter-clockwise around a
central island where entering traffic must yield the right-of-way to the traffic within the
intersection.
"Sight Triangle" means a triangular area of land on a corner lot that is determined by
measuring from the point of intersection of street lines the distance required along each such
street line and joining such points with a straight line. The triangular shaped area of land
between the intersecting lines and the straight line joining the points the required distance
along the street lines is the sight triangle.
"Storey" means the portion of the building which lies between the surface of the floor and the
surface of the next floor above it, or if there is no floor above, then the space between such
floor and the ceiling or roof next above it.
"Street" means the right of way of a public highway or a private street.
"Supermarket" means a building, or part of a building, containing a departmentalized food
store and where the gross leasable area for such use is 1,200 square metres or greater.
"Technology Industry" means a use where advanced sophisticated devices, especially in the
field of electronics, computer, communication or aerospace technologies are manufactured,
assembled, packaged or warehoused.
"Transport Terminal" means a premises used for transferring of goods involving the loading
and unloading of freight carrying trucks, trailers or transports and may include the storing,
parking, servicing and dispatching of such vehicles.
"Vehicle Storage Compound" means an area of land, with or without buildings or structures,
whose principal use is the temporary outside storage of vehicles and does not include a
salvage yard.
"Wholesale Distribution Centre" means a building or part of a building where finished
products are stored or kept in bulk for sale to retail establishments but shall not include a retail
store other than a sales outlet.
(b)
Notwithstanding subsection 15.1(a), the definitions in Section 2 for the following terms do not
apply.
-
Automobile parts store
-
Bakeshop or confectionary shop
-
Chapel
-
Church
-
Convenience retail store
-
Day nursery
-
Dwelling, common wall semi-detached
-
Dwelling, link
-
Dwelling, low density cluster
-
Height, apartment building, long term care home or retirement home
-
Kiosk
-
Laundry shop
-
Merchandise distribution centre
-
Music or dance studio
-
Pet daycare
-
Pet grooming
-
Place of entertainment and assembly
-
Plumbing supply centre
-
Pool supply centre
-
Retail sporting goods centre
-
Retail warehouse facility with food sales
-
Retail/Wholesale automobile parts store
-
Shopping Centre
Zoning By-Law 1784
Section 15.2 - 1
15.2
General Provisions
15.2.1
Application
The general provisions in Section 4 of By-law #1784, as amended, shall not apply to lands
which are subject to a Brooklin Community Secondary Plan (B) Zone. Only the following
general provisions shall apply to Brooklin Community Secondary Plan (B) Zones.
15.2.2
Public Uses
(a)
Notwithstanding any other provisions of this By-law to the contrary, the Town of
Whitby or Region of Durham or any of their municipal service boards as defined in the
Municipal Act, and any agency of the Federal or Provincial Government. or any
telephone, telecommunications, cable, natural gas, railway, or pipeline company, may
use any land or erect or use any building or structure in any zone provided the use of
any land, building or structure is in compliance with the most restrictive regulations
contained in the zone and is in compliance with the parking requirements for such use
and provided further that:
(i)
no goods, material or equipment shall be stored in the open, except as
permitted in such zone,
(ii)
any building erected under the authority of this paragraph in any Residential
(LD-B, MD-B, HD-B) Zone and Mixed Use Zone (MX1-B, MX3-B) shall be
designed and maintained in general harmony with buildings of the type
permitted in such zone.
(b)
The exemption in subsection (a) for a use in any zone shall not apply to:
(i)
The Natural Heritage System - Brooklin Zone and the Natural Hazard Land -
Brooklin Overlay Zone except for linear infrastructure and the uses otherwise
permitted in that Zone;
(ii)
Permit any outside storage, or a waste transfer or waste processing facility;
(iii)
Permit any land, building or structure used by any local School Board,
University or College; or,
(iv)
Permit any land or building to be used for administrative offices, retail sales,
or vehicular or equipment maintenance purposes of any utility company.
15.2.3
Legal Non-Conforming Uses
(a)
Nothing in this By-law shall apply to prevent the use of any land, building or structure
for any purpose prohibited by the By-law if such land, building or structure was
lawfully used for such purpose on the day of passing of this By-law, and provided that
such land, building or structure continues to be used for that purpose.
(b)
Nothing in this By-law shall prevent the strengthening to a safe condition of any
building or structure or part of any such building or structure that is a non-conforming
use, provided such alteration or repair does not contravene the provisions of this By-
law by increasing the height, size or volume or change the use of such building or
structure.
15.2.4
Legal Non-Complying Buildings and Structures
A non-complying building or structure which existed legally prior to the passing of this By-law
may be enlarged, repaired, renovated or reconstructed provided that the enlargement, repair,
renovation or reconstruction:
(a)
does not further increase the extent of a non-compliance;
Zoning By-Law 1784
Section 15.2 - 2
(b)
complies with all other applicable provisions of this By-law.
15.2.5
Legal Non-Complying Lots
Where a lot having a lesser lot area, and/or lot depth, and/or lot frontage than that required
herein is held under distinct and separate ownership from abutting lots as shown by a
registered conveyance in the records of the Land Registry Office at the date of the passing of
this By-law # or where such smaller lot is subsequently created as a result of an expropriation
or a conveyance to a public road authority for road widening, such smaller lot may be used and
a building or structure may be erected, altered or used on such small lot, provided that all other
requirements of this By-law are complied with.
15.2.6
Greater Restrictions
This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a
governmental authority having jurisdiction to make such restrictions.
15.2.7
Frontage on a Street
(a)
No person shall erect any building or structure in any zone unless the lot upon which
such building or structure is to be erected fronts upon a street.
(b)
Where a lot is separated from a street by land owned by the Town, the Region of
Durham or the Province of Ontario which land is held by such public agency for future
road widening purposes or as a 0.3 metre reserve, a building may only be erected
upon such lot if access to the street has been granted.
(c)
Where the lot and setback requirements in a zone apply to freehold lots abutting a
public street, such provisions shall equally apply to freehold lots abutting a private
street.
15.2.8
Reduction of Requirements
No person shall change the purpose for which any lot or building is used or erect any new
building or addition to any existing building or sever any lands from any existing lot if the effect
of such action is to cause the original, adjoining, remaining or new building or lot to be in
contravention of this Bylaw, providing that nothing herein shall prevent the conveyance to a
public road authority of part of any lot for the purpose of a public highway and provided further
that in the event of any such conveyance, the buildings on the remaining portion of the lot may
be continued to be used in the same manner and to the same extent as if such conveyance
had never taken place.
15.2.9
Sight Triangle and Visibility Triangle
(a)
A sight triangle shall be required only where a visibility triangle abutting a comer lot
has not been incorporated into the right of way of a public street.
(b)
Notwithstanding any other provision of this By-law to the contrary, in a sight triangle
no building, structure, fence, wall, driveway, hedge, tree, shrub or other vegetative
planting or landscaping feature shall be erected, maintained or permitted that has a
height of greater than 0.9 metres above finished grade level.
(c)
Where a corner lot abuts a visibility triangle the setback provisions and minimum front
yard landscaped open space provisions shall be measured and/or calculated as if the
visibility triangle had not been conveyed, provided all buildings are set back a
minimum of 0.6 metres from the visibility triangle with the exception that window sills,
belt courses, steps, cornices, eaves, and eave troughs may project to within 0.3
metres of the lot line of the lot that forms one of the sides of the visibility triangle.
Zoning By-Law 1784
Section 15.2 - 3
15.2.10 Continuation of Farming Uses
Nothing herein contained shall prevent the continued use of any land, building or structure or
additions to such buildings or structures for farming purposes.
15.2.11 Natural Heritage System - Brooklin Zone and Natural Hazard Land - Brooklin
Overlay Zone
No part of a Natural Heritage System - Brooklin Zone and Natural Hazard Land - Brooklin
Overlay Zone shall be used in calculating the lot frontage, lot area, lot coverage, or yards
required by this By-law for uses in adjacent zones.
15.2.12 Swimming Pools
(a)
Notwithstanding any other provisions of this By-law to the contrary, an unenclosed,
outdoor swimming pool, or hot tub may be permitted as an accessory use to a
residential use in accordance with the following provisions:
(i)
Any swimming pool, or hot tub shall only be located in a rear yard or interior
side yard;
(ii)
Any swimming pool or hot tub shall be set back a minimum distance of 1.0
metre from any side lot line or rear lot line and 4.5 metres from the front lot
line and the set back shall be measured to the water's edge;
(iii)
Any recreational equipment, including slides, associated with a swimming
pool, or hot tub shall not exceed a maximum height of 2.4 metres.
(b)
Where an outdoor swimming pool or hot tub is provided accessory to any other use,
the minimum yards of the applicable zones shall apply and shall be measured to the
water's edge.
15.2.13 Satellite Dish Antenna
(a)
Satellite dish antennae are permitted in any Zone provided that:
(i)
it does not exceed a diameter of 1.2 metres;
(ii)
it is not attached to the front wall of the main building.
15.2.14 Accessory Uses
Where this By-law provides that land may be used or a building or structure may be erected or
used for a purpose, that purpose shall include any accessory use incidental thereto.
15.2.15 Accessory Structures
(a)
Location
(i)
Accessory structures are permitted on a lot where a main building housing a
principal permitted use already exists or is under construction and except as
otherwise provided herein, any accessory structure shall only be erected in
the rear yard, interior side yard and exterior side yard and shall comply with
the yard requirements of this By-law.
(ii)
Notwithstanding any other provision of this By-law to the contrary, in a
Residential Zone and Mixed Use Zone, an accessory structure containing an
additional dwelling unit, a detached private garage, carport, storage shed,
playhouse or other such similar accessory uses, may be erected and used in
the rear yard, interior side yard and exterior side yard provided that such
accessory structure is located no closer than:
Zoning By-Law 1784
Section 15.2 - 4
(a)
3.0 metres to any street line, except no closer than 5.8 metres to
the lot line abutting the street where the vehicular access to a
garage faces the lot line abutting the street;
(b)
0.6 metres to any interior lot line or rear lot line where there are no
doors or windows in the wall facing that interior lot line or rear lot
line;
(c)
1.2 metres to any interior lot line or rear lot line where there are
doors or windows in the wall facing that interior lot line or rear lot
line;
(d)
1.75 metres to a lane where a garage door faces the lane and
vehicular access to the lane is provided on both sides of the lane
and 2.5 metres to a lane where a garage door faces the lane and
vehicular access to the lane is provided only on one side of the
lane; and
(e)
5.0 metres to the main building on the lot where the opening for
vehicular access from the private garage faces the rear lot line. The
parking of motor vehicles is not permitted between the private
garage and the main building.
(iii)
Notwithstanding subsection (a)(ii)(a) above, in a Residential Zone and Mixed
Use Zone, accessory structures with a floor area of 10 square metres or less
and a height of 2.5 metres or less shall be located no closer than 1.0 metre
from a street line or 0.3 m reserve.
(iv)
Notwithstanding subsections (a)(ii)(b) and (c) above, where a mutual garage
is erected on a common lot line between two lots, no interior side yard is
required.
(b)
Height
(i)
No accessory structure shall exceed a building height of 3.5 metres provided
that:
(a)
an accessory structure on any non-residential lot shall not exceed a
building height of 4.5 metres;
(b)
a detached private garage with a flat roof shall not exceed a
building height of 3.5 metres and a detached garage with a pitched
roof shall not exceed a building height of 4.5 metres.
(c)
Lot Coverage
(i)
The maximum number of accessory structures permitted on any residential
lot shall be four.
(ii)
The total combined lot coverage of all accessory structures on any
residential lot shall be the lesser of:
(a)
15% of the lot area; or
(b)
60 square metres of ground floor area.
(iii)
The total combined lot coverage of all accessory structures on any non-
residential lot shall be 5%.
(d)
Excluded Uses
No trailer, portable building or shipping container shall be used as an accessory
structure or private garage in any Residential Zone or Mixed Use Zone.
Zoning By-Law 1784
Section 15.2 - 5
15.2.16 Yard Encroachments Permitted
(a)
No part of any required yard shall be encroached upon except as permitted in Table
15.2(1).
Table 15.2(1): Yard Encroachments Permitted
Structure or Feature
Applicable Yard
Maximum Encroachment into a
Required Minimum Yard
Window sills, chimney breasts, fireplaces,
belt courses, cornices, pilasters, eaves,
and other similar architectural details
All
0.6 metres or half the distance of the
required yard, whichever is less, except
that eaves troughs may encroach
beyond this limit.
Clothes poles, arbors, flag poles, garden
trellises, fences, retaining walls including
footings, or similar structure or garden
feature elements.
All
To the lot line
Drop awning, cantilevered canopy or other
weather shelter
All
To within 0.6 metres of a lot line
A fire escape or exterior staircase
Interior side exterior
side, rear
1.5 metres or half the distance of the
required yard, whichever is less
Unenclosed barrier free ramp
All
To within 0.3 metres of the lot line
Deck less than or equal to 0.6 metres
above grade (1)
Front, exterior side
2.0 metres
Deck less than or equal to 0.6 metres
above grade (1)
Interior side, rear
To within 0.6 metres of the side lot line
or rear lot line
Deck greater than 0.6 metres above
grade(1) and/or Porches with or without
foundations
Front, exterior side
2.0 metres
Deck greater than 0.6 metres above
grade(1) and/or Porches with or without
foundations
Interior side
1 metre, but no closer than 0.6 metres
from the lot line
Deck greater than 0.6 metres above
grade(1) and/or Porches with or without
foundations
Rear
3.5 metres
Stairs to a deck or porch
Front, exterior side
To within 0.3 metres of the front or side
lot line
Stairs to a deck or porch
Rear
To within 0.6 metres of rear lot line
Stairs to a deck or porch
Interior side
To within 0.6 metres of the interior side
lot line
Balcony (1)(2)
Front, rear
1.5 metres
Balcony (1)(2)
Interior side, exterior
side
1.5 metres or one-third the distance of
the required yard, whichever is less
Bay, box and bow window, with or without
foundation, having a maximum width of 4.0
metres
All
0.6 metres or half the distance of the
required yard, whichever is less
Air conditioners, heat pumps, swimming
pool pumps, treatment filters, and heaters
Rear, interior side,
exterior side
To within 0.3 metres of the lot line
Below grade access stairs
Rear, interior side,
exterior side
1.5 metres
(1)
Where a deck, porch or stairs to said deck or porch or a balcony are related to a townhouse dwelling, the
maximum encroachment may be to within 0.0 metres of the interior side lot line.
(2)
Where a balcony is located on the roof of a porch or above a driveway, it may encroach to the maximum
permitted for a deck or porch.
Zoning By-Law 1784
Section 15.2 - 6
(b)
Where a deck, porch or stairs to said deck or porch or a balcony are related to a block
or stacked townhouse dwelling unit the yard encroachment provisions of Table
15.2(1) shall apply as if each dwelling unit is located on a separate lot.
15.2.17 Group Homes
(a)
A group home shall be permitted in all dwelling types within all zones where
residential uses are permitted.
(b)
A group home shall comply with the zone provisions which apply to the type of
dwelling unit within which the group home is located.
(c)
Notwithstanding the above provisions, a group home with six or more residents,
exclusive of staff, shall not be permitted to locate within a dwelling unit in an
apartment building.
15.2.18 Residential Sales Offices
(a)
Residential sales offices shall be permitted in all Residential Zones, Mixed Use and
Commercial Zones;
(b)
Residential sales offices shall be located on a proposed lot or block within a draft
approved or registered plan of subdivision or within a unit of a draft approved or
registered condominium building;
(c)
Residential sales offices shall be constructed or located in accordance with the zone
provisions for the lot or block within which they are located;
(d)
Residential sales offices may be permitted outside a draft approved or registered plan
of subdivision, subject to complying with the Zoning By-law.
15.2.19 Model Home
(a)
A model home shall be permitted on lands that have received draft plan approval.
(b)
A model home shall be constructed or located in accordance with the zone provisions
for the lot or block within which it is located.
(c)
Parking shall be provided on a separate lot or block for each model home in
accordance with the parking requirements for the dwelling type and zone category in
which the model home is located.
(d)
In the case of a model home(s) being constructed without a separate and distinct
residential sales office on site, the parking standards required for a residential sales
office shall apply.
(e)
The total number of model homes which may be permitted on lands that have
received draft plan approval for residential purposes shall not exceed the lesser of 10
dwellings or 10% of the total number of residential units in each individual phase of
the development.
(f)
For the purposes of establishing the location of the lot lines, the model home shall be
built within the lot defined by the draft approved plan of subdivision within which it is
located, as if these lots were defined by a registered plan of subdivision.
Zoning By-Law 1784
Section 15.2 - 7
15.2.20 Additional Dwelling Units
Notwithstanding any other provision of this By-law to the contrary, a maximum of three
additional dwelling units shall be permitted on a parcel of residential urban land that permits a
single detached dwelling, semi-detached dwelling, link dwelling, street townhouse dwelling
unit, or in an accessory structure related to a single detached dwelling, semi-detached
dwelling, link dwelling, or street townhouse dwelling unit subject to the following provisions:
(a)
Additional Dwelling Unit Configurations:
(i)
A maximum of two additional dwelling units shall be permitted within a
permitted principal dwelling, and a maximum of one additional dwelling unit
shall be permitted within an accessory structure, or,
(ii)
A maximum of three additional dwelling units shall be permitted within a
permitted principal dwelling where there is no additional dwelling unit located
within an accessory structure, and,
(iii)
No more than one additional dwelling unit shall be permitted within an
accessory structure.
(b)
Notwithstanding (a) above, an additional dwelling unit shall be permitted on a lot
containing a permitted residential dwelling in any Agriculture Zone provided that the
lot is serviced by municipal water and sanitary services, and is located within the
Town of Whitby Official Plan Urban Area Boundary, with the exception that:
(i)
For lands situated outside of the Town of Whitby Official Plan Urban Area
Boundary, a maximum of one additional dwelling unit shall be permitted per
lot; and
(ii)
No more than one additional dwelling unit shall be permitted within an
accessory structure.
(c)
Any dwelling or lot containing an additional dwelling unit shall be serviced by
municipal sanitary and water services. In the absence of municipal services,
confirmation of sufficient private servicing shall be provided by the Durham Region
Health Department.
(d)
Notwithstanding anything in this By-law to the contrary, for lands located within any
Oak Ridges Moraine Agricultural designation or Oak Ridges Moraine Rural
Settlement designation of the Town of Whitby Official Plan, a maximum of one
additional dwelling unit is permitted either within a legally permitted principal dwelling
or within an accessory building per lot.
(e)
Notwithstanding anything in this By-law to the contrary, for a lot located within the
Protected Countryside of the Greenbelt Plan, a maximum of one additional dwelling
unit shall be permitted either within a legally permitted principal dwelling or an
accessory structure that existed on or where building permits were issued prior to July
1, 2017.
(f)
New additional dwelling units are not permitted in a permitted dwelling unit or
accessory building on any land designated Environmental Protection, Natural
Heritage System or Hazard Land as per the Town of Whitby Official Plan.
(g)
Additional dwelling units are not permitted in any hazard lands as determined by the
Conservation Authority including, but not limited to, the regulatory flood limits, erosion
hazard limits or areas without safe access in the event of a natural hazard
emergency.
(h)
The entrance to an additional dwelling unit shall be accessible by an unobstructed
path of travel measuring a minimum of 1.2 metres in width and minimum 2.1 metres
in height to a public or private street or lane. The path may be shared and used
collectively where more than one additional dwelling unit exists on a lot.
(8141-24)
Zoning By-Law 1784
Section 15.2 - 8
(i)
An additional dwelling unit shall have a common access or separate access to the
exterior of the building.
(j)
Where an additional dwelling unit is present within an accessory structure, the
additional dwelling unit structure shall be excluded from the maximum lot coverage or
floor space index requirements.
(k)
Where an additional dwelling unit is located within an accessory structure the
following provisions shall apply:
Minimum Interior Side Yard Setback:
1.2 metres
Minimum Rear Yard Setback:
1.2 metres
Minimum Exterior Yard Setback:
3.0 metres
Maximum Building Height:
4.5 metres in all Residential zones,
and 5.5 metres in all other zones
Maximum Gross Floor Area:
75 sq. m.
Notwithstanding any other provision of this By-law to the contrary, all other
performance standards related to an accessory structure shall continue to apply.
(l)
Parking:
(i)
Where an additional dwelling unit parking space is situated on a driveway, a
reduced parking space width of 2.5 m and length of 5.0m shall be permitted
for the additional dwelling unit.
(ii)
A parking space that is provided and maintained for the sole use of the
occupant of an additional dwelling unit or principal dwelling unit may be a
tandem parking space.
(iii)
No minimum parking space requirements are required for any additional
dwelling unit situated on a lot within a Protected Major Transit Station Area
as outlined/delineated within the Town of Whitby Official Plan.
(m)
Driveway Width:
Notwithstanding any other provision of this By-law to the contrary, a single vehicle
wide driveway with direct access to a garage or carport, may be widened to a
maximum width of 5.5m to accommodate additional parking spaces associated with
an additional dwelling unit(s).
(n)
Notwithstanding any other provision of this By-law to the contrary, an additional
dwelling unit shall be permitted within any legally existing Garden Suite that existed
on or prior to November 25, 2024.
15.2.21 Home Based Business
(a)
A home based business shall be permitted in any zone that permits a dwelling unit
subject to the following provisions:
(i)
the use is conducted entirely within a dwelling unit however limited storage is
permitted in an attached garage or accessory structure provided it does not
obstruct or eliminate a required parking space;
(ii)
except for home daycare no more than three persons at any one time shall be
present in a single detached dwelling to receive teaching and/or instruction
and no more than one person at any one time shall be present to receive
teaching and/or instruction in any dwelling unit other than a single detached
dwelling;
Zoning By-Law 1784
Section 15.2 - 9
(iii)
no more than two persons at any one time shall be present in a single
detached dwelling to receive client based treatment or services and no more
than one person at any one time shall be present to receive client based
treatment or services in any dwelling unit other than a single detached
dwelling;
(iv)
the home based business may be operated only by the occupants of the
dwelling unit and employees who are not occupants of the dwelling unit are
not permitted.
(v)
the gross floor area occupied by all home based businesses is no more than
25% of the gross floor area of the dwelling unit or 50 square metres whichever
is less and for this provision gross floor area shall include any floor area in a
basement or cellar;
(vi)
no goods or handicrafts are offered or displayed for sale other than goods or
handicrafts produced on site;
(vii)
retail sales conducted by telephone, internet, mail order or other similar
approach is permitted provided that customers do not enter the property to
inspect, purchase or take possession of any goods;
(viii)
there is no outside storage or outside display of goods, handicrafts, equipment
or supplies;
(ix)
there is no display of a sign advertising the existence of a home based
business within the dwelling unit other than a sign erected in conformity with
the Permanent Sign By-law of the Town; and,
(x)
there is no equipment or a process or activity which creates an adverse effect
or becomes obnoxious in regard to noise, odour, fumes, vibration, glare, traffic
or parking nor causes electrical interference with telephone, television, radio
or satellite equipment.
(b)
A home based business shall not include the following:
-
adult entertainment establishment
-
automobile sales establishment
-
body rub establishment
-
clinic
-
contractor's yard
-
eating establishment
-
escort service
-
kennel
-
motor vehicle paint and body shop
-
premises used as a base of operations to assemble persons for transportation to work off-
site or the pick-up of goods, materials or equipment for distribution or use off-site
-
public garage
-
retail store
-
salvage yard
-
take out eating establishment
-
taxi establishment
15.2.22 Zero Decimal Three (0.3) Metre Reserves
For the purposes of this By-law, a 0.3 metre reserve shall be considered to be part of the
abutting street.
15.2.23 Attached Private Garages on Lots Accessed by a Lane
(a)
Attached private garages that are part of the main building are permitted provided that
the wall of the private garage facing the lane:
Zoning By-Law 1784
Section 15.2 - 10
(i)
is located no further than 7.5 metres from the rear lot line;
(ii)
is located no closer than 1.75 metres to the rear lot line where a garage door
faces the lane and access to the lane is provided on both sides of the lane
and 2.5 metres to a rear lot line where a garage door faces the lane and
access to the lane is provided only on one side of the lane.
15.2.24 Attached Private Garages Accessed by a Driveway from a Street
No part of a private garage shall project beyond the front wall of the first storey of the dwelling
except where a porch is provided, in which case the private garage shall not project beyond
the front of the porch.
15.2.25 Zone Boundaries
(a)
If the zone boundary is shown on a map Schedule;
(i)
as following a street, lane, railway right-of-way, electric transmission line
right-of-way, municipal boundary or watercourse, then the centre line of the
street, lane, railway right-of-way, electric transmission line right-of-way,
municipal boundary or watercourse is the boundary;
(ii)
as substantially following lot lines shown on a registered plan of subdivision
except where the lot line is a street line, then the lot lines are the boundary;
(iii)
as not being in accordance with the above provisions, then the zone
boundary shall be scaled from the map Schedule.
(b)
The extent and exact location of the Natural Heritage System - Brooklin Zone and
any related Vegetation Protection Zone boundaries and Natural Hazard Land -
Brooklin Overlay Zone boundaries shall be based on the lands shown on Schedules
'K' and "K1" of the Brooklin Community Secondary Plan and be determined based on
the best available mapping by the Town in consultation with the Conservation
Authority and any other applicable agency. The respective zone boundaries may be
refined and adjusted with additions and deletions without amendment to the By-law
provided the Conservation Authority concurs.
15.2.26 Height Exemptions
(a)
The following shall be exempt from the calculation of building height:
-
cupolas, finials and weather vanes, or similar architectural, landscape or
ornamental features;
-
chimneys;
-
flag poles;
-
light standards:
-
lightning rods;
-
parapets;
-
mechanical penthouses less than or equal to 6 metres in height;
-
unenclosed mechanical equipment set back 5 metres from the roof edge;
-
skylights less than 0.6 metres in height;
-
hydro, radio, television or microwave towers, antennae and similar features;
-
clock towers; and,
-
steeples;
(b)
Notwithstanding (a) above, in a Residential Zone, flag poles and light standards shall
not exceed 10 metres in height.
Zoning By-Law 1784
Section 15.2 - 11
15.2.27 Common Amenity Space Requirements
(a)
A minimum common amenity space shall be required for the following building types
in Residential Zones and Mixed Use Zones where the buildings are accessed by an
internal roadway or a private street:
-
apartment building
-
back to back townhouse dwelling
-
back to back stacked townhouse dwelling
-
block townhouse dwelling
-
stacked townhouse dwelling
(b)
The minimum required common amenity space:
(i)
For an apartment building shall be 5m2/dwelling unit
(ii)
For a back to back townhouse dwelling, back to back stacked townhouse
dwelling, block townhouse dwelling and stacked townhouse dwelling shall be
8m2/dwelling unit
(c)
Any required common amenity space shall be located on the same lot as the
dwellings to which the common amenity space is required.
(d)
A portion of the minimum common amenity space required by this provision shall be
located outdoors and not within an enclosed building or structure in accordance with
the following:
(i)
For an apartment building the minimum outdoor common amenity space
requirement shall be the provision of at least one contiguous outdoor area of
a minimum of 55m2 at grade.
(ii)
For a back to back townhouse dwelling, back to back stacked townhouse
dwelling, block townhouse dwelling and a stacked townhouse dwelling the
minimum outdoor common amenity space requirement shall be 50% of the
total required common amenity space and at least one such outdoor area
shall be aggregated into a contiguous area of at least 55m2.
(e)
Where any outdoor common amenity space is provided at grade it shall be included in
satisfying any applicable minimum landscaped open space requirement of this By-
law.
15.2.28 TransCanada Pipeline Setbacks
(a)
Notwithstanding any other provisions of this By-law to the contrary, wherever any
TransCanada pipeline right-of-way exists the following requirements shall apply;
(i)
No main building or structure or principal use shall be located within 7
metres of the pipeline right-of-way.
(ii)
No accessory structure or accessory use shall be located within 3 metres of
the pipeline right-of-way.
(iii)
No parking area or loading area including any parking spaces, loading
spaces, stacking spaces, bicycle parking spaces and any associated aisle or
driveway shall be located within 7 metres of the pipeline right-of-way.
15.2.29 Natural Hazard Land - Brooklin Overlay Zone
The Natural Hazard Land - Brooklin Overlay Zone includes lands that could be unsafe due to
naturally occurring processes such as poor drainage, unstable soils, steep slopes and flooding.
These lands are likely subject to the provisions of the Conservation Authorities Act. No person
shall use any land or erect, alter or use any building or structure within the Natural Hazard
Land - Brooklin Overlay Zone except in accordance with the provisions of subsection 15.13 of
this By-law and the applicable subsections of this By-law relating to any underlying zone
categories.
Zoning By-Law 1784
Section 15.2 - 12
Where a detailed study such as an Environmental Impact Study, in support of a development
application concludes that the boundary of a Natural Hazard Land - Brooklin Overlay Zone
may be reduced or removed, the underlying or abutting zone category shall apply provided that
the Conservation Authority concurs with the study findings. Where more than one zone
category underlies or abuts the area being reduced or removed, the underlying or abutting
zone category shall apply in the same proportion that underlies or abuts the area reduced or
removed.
Zoning By-Law 1784
Section 15.3 - 1
15.3
Parking and Loading Provisions
The parking and loading provisions in Section 4A of By-law # 1784, as amended, shall apply to
lands which are subject to a Brooklin Community Secondary Plan (B) Zone, except as
described as follows:
(a)
The minimum number of parking spaces for a back to back townhouse dwelling unit
shall be 2 spaces per dwelling unit.
(b)
The minimum number of parking spaces for a street townhouse dwelling unit on a
private street and a back to back townhouse dwelling unit on a private street shall be
2 spaces per dwelling unit plus 0.25 spaces per dwelling unit dedicated for visitor
parking.
(c)
The minimum number of parking spaces for a stacked townhouse dwelling unit and a
back to back stacked townhouse dwelling unit shall be 1.25 spaces per dwelling unit
plus 0.25 spaces per dwelling unit dedicated for visitors parking.
(d)
In addition to the required parking for dwelling units in an apartment building, parking
for non-residential uses within the same building shall also be provided in accordance
with such uses as described in Table 4A(2) of By-law #1784.
(e)
The following provisions apply to private driveways with direct motor vehicle access
from a public street serving a single detached dwelling, semi-detached dwelling, and
townhouse dwelling which have a private garage or carport:
(i)
The minimum width of a private driveway on a lot shall be 3.0 metres, except
that the minimum width of a private driveway in an interior side yard leading
to a private garage, carport or parking space in the rear yard shall be 2.75
metres.
(ii)
The maximum width of a private driveway on a lot serving a one car private
garage shall be 5.5 metres.
(iii)
Notwithstanding section 15.3 (e)(ii), in the rear yard the maximum width of a
driveway leading to a private garage or carport situated in the rear yard and
accessed from a street shall be 3.0 metres or the width of the garage door,
whichever is the greater and no maximum driveway width shall apply if the
driveway is accessed from a lane.
(iv)
The maximum width of a private driveway on a lot serving a two car width
private garage shall be 7 metres.
(v)
Notwithstanding provision 15.3 (e)(iv) above, where a garage door opening
used for motor vehicle access faces an interior side lot line, the maximum
width of a private driveway in the front yard measured along the street line
shall be 6.0 metres.
(vi)
Any hard surface area abutting a driveway used or capable of being used for
parking a motor vehicle shall be included in the driveway width calculation
excluding any parking pad or hammerhead used for the purpose of
manoeuvring a vehicle such that the vehicle can exit the property in a
forward motion.
(vii)
Notwithstanding provision 15.3 (e)(vi) above, one walkway access may be
connected to one side of the driveway provided the maximum width of the
walkway shall be 1.5 metres and the walkway shall not extend out from the
front wall or porch more than 50% of the depth from the street to the front
wall or porch of the dwelling.
Zoning By-Law 1784
Section 15.3 - 2
(f)
The minimum distance between an intersection of street lines and the nearest
driveway shall be 9.0 metres except in Residential Zones, in which case the minimum
distance between an intersection of street lines and the nearest driveway shall be 6
metres and provided further that no driveway shall access a lot by crossing through a
visibility triangle.
(g)
The minimum lot frontage for a single detached dwelling containing an attached two
car private garage accessed from the front yard shall be 9.75 metres for an interior
lot. This provision does not apply to a private garage containing a tandem parking
space.
(h)
Subsection 3.9 of Section 4A of By-law #1784 shall not apply.
Zoning By-Law 1784
Section 15.4 - 1
15.4
Residential - Brooklin Zone Regulations
15.4.1
Uses Permitted
The following Table 15.4(1) establishes the uses permitted in the Low Density - Brooklin (LD-
B), Medium Density - Brooklin (MD-B) and High Density - Brooklin (HD-B) Zones. The uses
permitted in the LD-B, MD-B and HD-B Zones are identified in Table 15.4(1) through a YES
under the column related to each zone. The uses not permitted in the LD-B, MD-B and HD-B
Zones are identified in Table 15.4(1) through a not permitted (n/p) symbol under the column
related to each zone. Where a "Q" is shown in the column under a zone, a qualification applies
to a permitted use as described following Table 15.4(1).
Table 15.4(1): Uses Permitted in Residential - Brooklin Zones
Residential Use
LD-B Zone
MD-B Zone
HD-B Zone
Single-detached dwelling
YES
n/p
n/p
Semi-detached dwelling
YES
n/p
n/p
Street townhouse dwelling
Q1
YES
YES
Block townhouse dwelling
n/p
YES
YES
Stacked townhouse dwelling
n/p
YES
YES
Back to back townhouse dwelling
n/p
YES
YES
Back to back stacked townhouse dwelling
n/p
YES
YES
Apartment building
n/p
YES
YES
Retirement home
n/p
YES
YES
Long term care home
n/p
YES
YES
Non-Residential Uses
LD-B Zone
MD-B Zone
HD-B Zone
Day care establishment
n/p
n/p
Q2
Community centre
n/p
n/p
Q2
Qualifications:
Q1 Permitted as a street townhouse dwelling unit with a front access garage.
Q2 Permitted on the ground floor of an apartment building, retirement home or long term care home.
Zoning By-Law 1784
Section 15.4 - 2
15.4.2
Low Density - Brooklin (LD-B) Zone Provisions
(a)
Lot and Building Requirements by Building Type
(i)
The following Table 15.4(2) and additional provisions establish the zone standards that apply to the Low Density -
Brooklin (LD-B) zone.
Table 15.4(2): Low Density - Brooklin (LD-B) Zone Standards
Building Type
Min. Lot
Area
Min. Lot Frontage
Min. Front
Yard
Min. Interior
Side Yard
Min.
Exterior
Side Yard
Min. Rear
Yard
Min. Front Yard
Landscaped
Open Space
Max.
Building
Height
Single detached
dwelling
240 m2
8 m, except 11 m
for a corner lot (2)
3.0 m (1)
1.2 m on one
side & 0.6 m on
the other side
3 m (1)
7.0 m
25%
12 m
Semi-detached
dwelling
210 m2
7 m/ unit, except 10
m for a corner lot (2)
3.0 m (1)
0.9 m (3)
3 m (1)
7.0 m
25%
12 m
Street townhouse
dwelling unit with a
front access garage
180 m2
6.0 m except 9 m
for a corner lot (2)
3.0 m (1)
1.2 m (3)
3.0 m (1)
7.0 m
20%
12 m
Notes
NR = No Requirement
(1)
Except that for the wall of a private garage containing the opening for a vehicle, the minimum yard shall be 5.8 metres.
(2)
Except that for dwellings situated on a corner lot abutting a roundabout, the minimum lot frontage shall be 13 metres.
(3)
Except that where dwellings on abutting lots share a common wall or are connected by a wall separating private garages no interior side yard shall be
required.
Zoning By-Law 1784
Section 15.4 - 3
(b)
Additional Provisions
(i)
For a single detached dwelling situated on a lot that abuts a lane, the larger
required minimum interior side yard shall abut the lane.
(ii)
For a single detached dwelling, semi-detached dwelling or a street
townhouse dwelling unit with a front access garage situated on a corner lot
abutting a roundabout where the driveway access to a private garage or
parking space is taken from a public street, such access shall be taken from
the public street with the lesser right of way width. Where the public streets
are of the same right of way width, the driveway access shall be taken from
the public street deemed to have the lesser volume of traffic.
(c)
Exceptions
(1)
Exception 1: LD-B-1
1 Ferguson Avenue
1.
Defined Area
The lands located north of Winchester Road West and east of
Ferguson Avenue and zoned LD-B-1 shall be subject to the
provisions as hereinafter contained. Matters not specifically dealt
with in this By-law amendment shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
No person shall within any LD-B-1 Zone use any lot or erect, alter
or use any building or structure except for one or more of the
following uses:
Semi-detached dwelling
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, any
use, building or structure in an LD-B-1 Zone, the following
provisions shall apply to a semi-detached dwelling:
(a)
Lot Area
Minimum
200m2
(b)
Lot Frontage
Minimum
7.0 m
(c)
Exterior Side Yard
Minimum
1.5 m
(d)
Rear Yard
Minimum
5.0 m
(8123-24)
Zoning By-Law 1784
Section 15.4 - 4
15.4.3
Medium Density - Brooklin (MD-B) Zone Provisions
(a)
Lot and Building Requirements by Building Type
(i)
The following Table 15.4(3) and additional provisions establish the zone standards that apply to the Medium Density - Brooklin
(MD-B) Zone.
Table 15.4(3): Medium Density - Brooklin (MD-B) Zone Standards
Building Type
Min.
Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side Yard
Min.
Exterior
Side Yard
Min. Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front
Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Street townhouse
dwelling unit with
a front access
garage
160
m2/unit
except
145
m2/unit
on a
private
street
6 m, except
5.5 m/unit
on a private
street (4)
3 m (1)
1.2 m (7)
3 m (1)
7.0 m
NR
20%
2 storeys (9)
4 storeys
Street townhouse
dwelling unit with
a detached rear
garage
165 m2
5.5 m/unit
(4)
3.0 m
1.2 m (7)
3.0 m (1)
2.5 m to a
garage,
carport or
unenclosed
parking space
(2)(8)
25 m2/unit
50%
2 storeys (9)
4 storeys
Street townhouse
dwelling unit with
an integral rear
garage
114
m2/unit
5.5 m/unit
(4)
3.0 m
1.2 m (5)(7)
3.0 m (1)
2.5 m to a
garage,
carport or
unenclosed
parking space
(2)(8)
15 m2/unit
(6)
50%
2 storeys (9)
4 storeys
Block townhouse
dwelling
NR
30 m
3.0 m
(1)(3)
1.2 m (3)
3.0 m (1)(3)
7.5 m
NR
NR
2 storeys (9)
4 storeys
Stacked
townhouse
dwelling
NR
30 m
3.0 m
(1)(3)
1.8 m (3)
3.0 m (1)(3)
7.5 m
NR
NR
2 storeys (9)
4 storeys
Zoning By-Law 1784
Section 15.4 - 5
Building Type
Min.
Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side Yard
Min.
Exterior
Side Yard
Min. Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front
Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Back to Back
townhouse
dwelling
75
m2/unit
5.5 m/unit
(4)
3.0 m
(1)(3)
1.5 m (3)
3.0 m (1)(3)
NR
7.5 m2/unit
NR
2 storeys (9)
4 storeys
Apartment
building/Back to
back stacked
townhouse
dwelling /
Retirement
home/Long term
care home
NR
NR
4.0 m (3)
6.0 m (3)
4.0 m (3)
7.5 m (3)
NR
NR
2 storeys (9)
4 storeys
Notes
NR = No Requirement
(1)
Except that for the wall of a private garage containing the opening for a vehicle, the minimum yard shall be 5.8 metres.
(2)
Except that the minimum distance where access is provided to both sides of a lane shall be 1.75 metres.
(3)
Except that for an underground parking area, the minimum setback shall be 0 m.
(4)
Except that for a corner lot or through corner lot, the minimum lot frontage shall be 9 metres, provided however that for a street townhouse dwelling unit
with a front access garage situated on a corner lot or through corner lot abutting a roundabout the minimum lot frontage shall be 13 metres
(5)
If no common wall exists between the rear garages of attached units, the minimum interior side yard for the garage portion of the building and any space
above shall be 0.6 m.
(6)
Except that the minimum private amenity space shall be 10 m2 for lots with frontage of less than 6 m.
(7)
Where no common wall exists.
(8)
Except that the minimum distance from the travelled portion of an internal roadway or private street shall be 2.75 m
(9)
Except that the minimum building height shall be 3 storeys abutting arterial roads.
Zoning By-Law 1784
Section 15.4 - 6
(b)
Additional Provisions
(i)
The following provisions apply to street townhouse dwellings with a front
access garage:
(a)
For a street townhouse dwelling unit with a front access garage
situated on a corner lot or through corner lot abutting a roundabout
where the driveway access to a private garage or parking space is
taken from a public street, such access shall be taken from the
public street with the lesser right of way width. Where the public
streets are of the same right of way width, the driveway access
shall be taken from the public street deemed to have the lesser
volume of traffic.
(ii)
The following provisions apply to block townhouse dwellings:
(a)
The minimum width of each dwelling unit shall be 5.5 metres.
(b)
The minimum separation distance between block townhouse
dwellings on the same lot shall be 2.4 metres for an end wall to end
wall condition, 15 metres to a rear wall to rear wall condition, and
15 metres for a front wall to front wall condition.
(c)
The provisions pertaining to setbacks for garages in subsection
15.2 apply to block townhouse dwellings, and for the purpose of
applying these provisions to block townhouse dwellings, the
boundary of an internal roadway shall be deemed to be a lot line
and a theoretical line extending from the vertical division of the
block townhouse dwelling units to the boundary of the internal
roadway shall be considered the side lot line.
(d)
The minimum distance from an end wall to an internal roadway
shall be 1.5 metres.
(e)
The minimum distance from a wall other than an end wall to an
internal roadway shall be 3.0 metres.
(f)
The minimum distance from an integral garage of a block
townhouse dwelling unit to an internal roadway shall be 5.8 metres.
(g)
The minimum landscaped open space on the lot shall be 30%.
(iii)
The following provisions apply to stacked townhouse dwellings:
(a)
The minimum separation distance between stacked townhouse
dwellings on the same lot shall be 2.4 metres for an end wall to end
wall condition, 15 metres for a rear waII to rear waII condition, and
15 metres for a front wall to front wall condition.
(b)
The minimum distance from an end wall to an internal roadway
shall be 1.5 metres.
(c)
The minimum distance from a wall other than an end wall to an
internal driveway shall be 3.0 metres.
(d)
The minimum distance from an integral garage of a stacked
townhouse dwelling unit to an internal roadway shall be 5.8 metres.
(e)
The minimum landscaped open space on the lot shall be 30%.
Zoning By-Law 1784
Section 15.4 - 7
(iv)
The following provisions apply to back to back townhouse dwellings:
(a)
The minimum lot depth of a back to back townhouse dwelling unit
shall be 13.5 metres.
(v)
The following provisions apply to an apartment building, back to back
stacked townhouse dwelling, long term care home or retirement home:
(a)
The minimum landscaped open space on the lot shall be 25%.
(b)
On sites with multiple buildings six storeys or greater in height, the
minimum separation distance between buildings that face each
other where windows are proposed shall be 12 metres clear of any
projections such as balconies and cantilevers.
(c)
Exceptions
(1)
Exception 1: MD-B-1
5035 Anderson Street
1.
Defined Area
The lands located at 5035 Anderson Street and zoned Medium
Density - Brooklin Zone Exception 1 (MD-B-1) shall be subject to
the provisions as hereinafter contained. Matters not specifically
dealt with in this By-law shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
No person shall within any MD-B-1 Zone use any lot or erect, alter
or use any building or structure except for one or more of the
following uses:
-
All uses permitted within the MD-B Zone in accordance with
Table 15.4(1) Uses Permitted in Residential - Brooklin Zones.
3.
Zone Provisions
Notwithstanding any provisions of the By-law to the contrary
including any provisions of the MD-B Zone, for any use, building or
structure in an MD-B-1 Zone, the following additional provisions
shall apply to a Street Townhouse Dwelling with a front access
garage:
Lot Area
Minimum
130 m2
Front/Exterior Yard Setback to Private Street:
The minimum separation distance from the end wall
of a Street Townhouse Dwelling to the travelled
portion of a private street and/or parking area shall be
2.0m
Decks, Porches, Steps, Patios and Balconies:
Decks, porches, patios, and balconies are permitted to project from
a main wall of a dwelling unit provided they are setback a minimum
distance of 2.0m from the travelled portion of a private street and/or
parking area.
(8147-25)
Zoning By-Law 1784
Section 15.4 - 8
15.4.4
High Density - Brooklin Zone (HD-B) Zone Provisions
(a)
Lot and Building Requirements by Building Type
The following Table 15.4(4) and additional provisions establish the zone standards that apply to the High Density - Brooklin Zone.
Table 15.4(4): High Density - Brooklin (HD-B) Zone Standards
Building Type
Min. Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Max.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front
Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Street
townhouse
dwelling
n/a
As per the Medium Density - Brooklin Zone described in 15.4.3
Block townhouse
dwelling
n/a
As per the Medium Density - Brooklin Zone described in 15.4.3
Back to back
townhouse
dwelling
n/a
As per the Medium Density - Brooklin Zone described in 15.4.3
Stacked
townhouse
dwelling
n/a
As per the Medium Density - Brooklin Zone described in 15.4.3
Apartment
building/Back to
back stacked
townhouse
dwelling/
Retirement
home/ Long term
care home
NR
NR
4.0 m
(1)
6.0 m
(1) (2)
6.0 m (1)
4.0 m (1)
7.5 m
(1)
NR
NR
4 storeys (3)
8 storeys (4)
Notes
NR = No Requirement
(1)
Except that for an underground parking area, the minimum setback shall be 0 metres.
(2)
Except that a maximum of 25% of the building facing the street may have a greater front yard depth.
(3)
Except that the minimum building height shall be 3 storeys on the portion of the site abutting a LD-B Zone.
(4)
Except that the maximum building height in an HD-B Zone in a Community Central Area shall be 12 storeys.
Zoning By-Law 1784
Section 15.4 - 9
(b)
Additional Provisions
(i)
For block townhouse dwellings, back to back townhouse dwellings and
stacked townhouse dwellings, the respective additional provisions of
subsection 15.4.3 (b) apply.
(ii)
The following provisions apply to an apartment building, back to back
stacked townhouse dwelling, long term care home or retirement home:
(a)
Where buildings are 8 storeys or more in height, a podium shall be
provided and the point tower portion of the building shall be set
back a minimum of 3 metres from the outer edge of the exterior wall
of the podium.
(b)
Where a lot line of a lot containing an apartment building, back to
back stacked townhouse dwelling, long term care home or
retirement home abuts a lot in an LD-B Zone, the building height
shall be limited by a 45-degree angular plane measured from the
property line that abuts the LD-B Zone.
Illustration of Angular Plane Provision
(c)
The minimum separation distance between point tower portions of buildings that face
each other where windows are proposed shall be 25 metres.
(d)
On sites with multiple buildings six storeys or greater in height, the minimum
separation distance between buildings that face each other where windows are
proposed shall be 12 metres clear of any projections such as balconies and
cantilevers.
(e)
The minimum landscaped open space on the lot shall be 25%.
(f)
Any above ground parking structure:
(i)
shall be inside the building such that the perimeter wall of the parking
structure shall not be exposed to view from the street;
(ii)
shall have all floors facing a street occupied by uses permitted in the zone
other than parking, except for any egress or ingress driveway or ramp
leading to the parking structure;
Zoning By-Law 1784
Section 15.4 - 10
(iii)
shall have the uses required in (f)(ii) above extend at least 10.0 metres in
depth from the wall facing the street and extend to the same height as the
proposed parking structure;
(iv)
shall be no higher than four storeys or the height of the podium where a
podium is provided.
Zoning By-Law 1784
Section 15.5 - 1
15.5
Institutional - Brooklin Zone Regulations
15.5.1
Uses Permitted
The following Table 15.5 (1) and additional provisions establish the uses permitted in the
Institutional - Brooklin I-B Zone. The uses permitted the I-B Zone are identified in Table 15.5
(1) through YES under the column related to each zone.
Table 15.5 (1): Uses Permitted in the Institutional - Brooklin Zone
Use
I-B Zone
Assembly Hall
YES
Community centre
YES
Day care establishment
YES
Long term care home
YES
Place of worship
YES
School
YES
15.5.2
Institutional - Brooklin Zone Provisions
(a)
Lot and Building Requirements by Use
The following Table 15.5 (2) establishes the zone standards that apply to the
Institutional - Brooklin I-B Zone.
Table 15.5 (2): Institutional - Brooklin (I-B) Zone Standards
Zone
Min.
Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side
Yard
Min.
Rear
Yard
Min.
Landscaped
Open Space
Max.
Building
Height
Institutional
NR
NR
4 m
3 m
4 m
7.5 m
30% of the lot
area
15 m
Zoning By-Law 1784
Section 15.6 - 1
15.6
Mixed Use - Brooklin Zone Regulations
15.6.1
Uses Permitted
The following Table 15.6(1) establishes the uses permitted in Mixed Use One - Brooklin (MX1-
B) and Mixed Use Three - Brooklin (MX3-B) Zones through YES under the column related to
each zone. The uses not permitted in the MX1-B and MX3-B Zones are identified in Table
15.6(1) through a not permitted (n/p) symbol under the column related to each zone. Where a
"Q" is shown in the column under a zone, a qualification applies to a permitted use as
described following Table 15.6(1).
Table 15.6(1): Uses Permitted in Mixed Use - Brooklin Zones
Non-Residential Use
MX1-B
MX3-B
Animal care establishment
Q1, Q2
Q1, Q3
Art gallery
Q1, Q2
Q1, Q3
Assembly hall
Q1, Q2
Q1, Q3
Catering service establishment
Q1, Q2
Q1, Q3
Clinic
Q1, Q2
Q1, Q3
Commercial school
Q1, Q2
Q1, Q3
Community centre
Q1, Q2
Q1, Q3
Day care establishment
Q1, Q2
Q1, Q3
Dry cleaning establishment
Q1, Q2
Q1, Q3
Eating establishment
Q1, Q2
Q1, Q3
Eating establishment, take-out
Q1, Q2
Q1, Q3
Financial institution
Q1, Q2
Q1, Q3
Food store
Q1, Q2
Q1, Q3
Library
Q1, Q2
Q1, Q3
Museum
Q1, Q2
Q1, Q3
Office
Q1, Q2
Q1, Q3
Personal service establishment
Q1, Q2
Q1, Q3
Place of entertainment
Q1, Q2
Q1, Q3
Place of worship
Q1, Q2
Q1, Q3
Private school
Q1, Q2
Q1, Q3
Recreational club or facility
Q1, Q2
Q1, Q3
Retail store
Q1, Q2
Q1, Q3
Service shop
Q1, Q2
Q1, Q3
Studio
Q1, Q2
Q1, Q3
Supermarket
Q1, Q2
n/p
Veterinary clinic
Q1, Q2
Q1, Q3
Wellness centre
Q1, Q2
Q1, Q3
Zoning By-Law 1784
Section 15.6 - 2
Residential Use
MX1-B
MX3-B
Street townhouse dwelling
Q1, Q2
Q1, Q3
Block townhouse dwelling
Q1, Q2
Q1, Q3
Back to back townhouse dwelling
Q1, Q2
Q1, Q3
Back to back stacked townhouse dwelling
Q1, Q2
Q1, Q3
Stacked townhouse dwelling
Q1, Q2
Q1, Q3
Apartment building
Q1, Q2
Q1, Q3
Retirement home
Q1, Q2
Q1, Q3
Long term care home
Q1, Q2
Q1, Q3
Live work dwelling
Q1, Q2
Q1, Q3
Qualifications:
Q1
Each lot must have a mix of two or more uses.
Q2
Each area zoned MX1-B must have a mix of residential and non-residential uses and the uses may be
integrated in the same building.
Q3
Each lot zoned MX3-B must have a mix of residential and non-residential uses on the same lot and the uses
may be integrated in the same building.
Zoning By-Law 1784
Section 15.6 - 3
15.6.2
Mixed Use - Brooklin Zone Provisions
(a)
Lot and Building Requirements by Building Type
The following Table 15.6(2) and additional provisions establish the zone standards that apply to the Mixed Use One - Brooklin
(MX1-B) and Mixed Use Three - Brooklin (MX3-B) Zones. Except as otherwise noted, the provisions apply to each of these zones.
Table 15.6(2): Mixed Use - Brooklin Zone Standards
Building Type
Min.
Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Max.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side Yard
Min. Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front
Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Street
townhouse
dwelling unit
with a front
access garage
160
m2/unit
(1)
6 m/unit
except 5.5
m on a
private
street (2)
3 m (3)
NR
1.2 m (4)
3 m (3)
7.5 m
NR
20%
4 storeys
(15)
(16)
Street
townhouse
dwelling unit
with a detached
rear garage
165
m2/unit
5.5 m/unit
(2)
3 m
NR
1.2 m (4)
3 m (3)
2.5 m to a
garage, or
unenclosed
parking space
(5)(6)
25 m2/unit
50%
4 storeys
(15)
(16)
Street
townhouse
dwelling unit
with an integral
rear garage
108
m2/unit
5.5 m/unit
(2)
3 m
NR
1.2
m (4)(7)
3 m (3)
2.5 m to a
garage, or
unenclosed
parking space
(5)(6)
15 m2/unit
(12)
50%
4 storeys
(15)
(16)
Block
townhouse
dwelling
NR
30 m
3 m (3)
NR
1.2 m
3 m (3)
7.5 m
NR
NR
4 storeys
(15)
(16)
Stacked
townhouse
dwelling
NR
30 m
3 m (3)
NR
1.8 m
3 m (3)
7.5 m
NR
NR
4 storeys
(15)
(16)
Back to back
townhouse
dwelling unit
75
m2/unit
5.5 m/unit
(2)
3 m (3)
NR
1.5 m (4)
3 m (3)(8)
NR
7.5 m2/unit
NR
4 storeys
(15)
(16)
Live work
dwelling
135
m2/unit
5.5 m/unit
(2)
0.0 m
3 m (9)
1.2 m (4)
3 m (3)
2.5 m to a
garage, or
unenclosed
parking space
(5)(6)
15
m2/unit(12)
NR
4 storeys
(15)
(16)
Zoning By-Law 1784
Section 15.6 - 4
Building Type
Min.
Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Max.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side Yard
Min. Rear
Yard
Min.
Outdoor
Private
Amenity
Space
Min. Front
Yard
Landscaped
Open Space
Min.
Building
Height
Max.
Building
Height
Apartment
building/Back to
back stacked
townhouse
dwelling/
Retirement
home/
Long term care
home
NR
NR
0.0 m
3 m
(9)(10)
0.0 m (13)
3 m
(8)(9)(10)
7.5 m (8)
NR
NR
4 storeys
(15)
8 storeys
(14) (16)
Non-residential
building
NR
NR
0.0 m
3 m
(9)(10)
0.0 m (11)
0.0 m /
max. 3 m
(9)(10)
0.0 m (11)
NR
NR
2 storeys
(17)
8 storeys
(14) (16)
Notes
NR = No Requirement
(1)
Except the minimum lot area shall be 120 square metres on a private street.
(2)
Except that for a corner lot, the minimum lot frontage shall be 9 metres. Provided however that for a street townhouse dwelling unit with a front access
garage situated on a corner lot or through corner lot abutting a roundabout the minimum lot frontage shall be 13 metres.
(3)
Except that for the wall of the private garage containing the opening for a vehicle, the minimum yard shall be 5.8 metres
(4)
Where no common wall exists.
(5)
Except that the minimum distance shall be 1.75 metres where access to a garage, carport or unenclosed parking space is provided from both sides of a
lane.
(6)
Except that the minimum distance from the travelled portion of an internal roadway or private street shall be 2.75 metres.
(7)
Within a street townhouse dwelling, if no common wall exists between the rear garages of attached units, the minimum interior side yard for the garage
portion of the building and any space above shall be 0.6 metres.
(8)
Except that for an underground parking area, the minimum setback shall be 0 metres.
(9)
A maximum of 25% of the building facing a street can have a greater yard.
(10) This provision only applies to buildings within 30 metres of a street line.
(11) Except that the minimum interior side yard and minimum rear yard shall be 7.5 metres abutting a LD or MD Zone
(12) Except that the min. private amenity space shall be 10 m2 for lots with frontage of less than 6m
(13)
Except that the minimum side yard shall be 3 metres abutting a LD-B or MD-B Zone
(14) Except that the maximum building height within a MX1-B Zone shall be 12 storeys
(15) Except that the minimum building height in an MX3-B Zone shall be 2 storeys
(16) Except that the maximum building height in an MX3-B Zone shall be 4 storeys
(17)
For a non-residential building, the requirement for a building to be a minimum of two storeys shall be met where the building has a minimum height of 7.5
metres and there is functional floor space above the first storey or there is functional mezzanine space above the first storey.
Zoning By-Law 1784
Section 15.6 - 5
(b)
Additional Provisions
(i)
The following provisions apply to street townhouse dwelling units with a
detached rear garage:
(a)
For a street townhouse dwelling unit with a detached rear garage,
the minimum separation distance between the detached rear
garage and the dwelling unit shall be 5 metres.
(ii)
The following provisions apply to block townhouse dwellings:
(a)
The minimum width of each dwelling unit shall be 5.5 metres.
(b)
The minimum separation distance between block townhouse
dwellings on the same lot shall be 2.4 metres for an end wall to end
wall condition, 15 metres for a rear wall to rear wall condition, and
15 metres for a front wall to front wall condition.
(c)
The provisions pertaining to setbacks for garages in subsection
15.2 apply to block townhouse dwellings, and for the purpose of
applying these provisions to block townhouse dwellings, the
boundary of an internal roadway shall be deemed to be a lot line
and a theoretical line extending from the vertical division of the
block townhouse dwelling units to the boundary of the internal
roadway shall be considered the side lot line.
(d)
The minimum distance from an end wall to an internal roadway
shall be 1.5 metres.
(e)
The minimum distance from a wall other than an end wall to an
internal roadway shall be 3.0 metres.
(f)
The minimum distance from an integral garage of a block
townhouse dwelling unit to an internal roadway shall be 5.8 metres.
(g)
The minimum landscaped open space on the lot shall be 30%.
(iii)
The following provisions apply to stacked townhouse dwellings:
(a)
The minimum separation distance between stacked townhouse
dwellings on the same lot shall be 2.4 metres for an end wall to end
wall condition, 15 metres for a rear wall to rear wall condition, and
15 metres for a front wall to front wall condition.
(b)
The minimum distance from an end wall to an internal roadway
shall be 1.5 metres.
(c)
The minimum distance from a wall other than an end wall to an
internal roadway shall be 3.0 metres.
(d)
The minimum distance from an integral garage of a stacked
townhouse dwelling unit to an internal roadway shall be 5.8 metres.
(e)
The minimum landscaped open space on the lot shall be 30%.
(iv)
The following provisions apply to back to back townhouse dwellings:
Zoning By-Law 1784
Section 15.6 - 6
(a)
The minimum lot depth for a back to back townhouse dwelling unit
shall be 13.5 metres.
(b)
The minimum distance from an end wall to an internal roadway
shall be 1.5 metres.
(c)
The minimum distance from a wall other than an end wall to an
internal roadway shall be 3.0 metres
(d)
The minimum distance from an integral garage of a back to back
townhouse dwelling unit to an internal roadway shall be 5.8 metres.
(v)
The following provisions apply to live work dwellings:
(a)
The following uses are permitted as the non-residential component
of a live work dwelling:
(i)
Art gallery
(ii)
Catering service establishment
(iii)
Eating establishment
(iv)
Eating establishment, take out
(v)
Food store
(vi)
Office
(vii)
Personal service establishment
(viii)
Retail store
(ix)
Studio
(x)
Wellness centre
(b)
The minimum gross floor area for all non-residential uses situated
on the first storey shall be 60 square metres excluding any floor
area used for a washroom, mechanical or electrical room or storage
room. Non-residential uses shall not be permitted above the first
storey.
(c)
The basement may be used for storage for the non-residential use.
(d)
In no case shall a parking area be permitted between a building
and the front lot line.
(e)
The maximum elevation of the ground floor of the first storey above
finished grade level at the primary entrance door shall be 0.3
metres.
(f)
The minimum height of the first storey for all non-residential uses
shall be 3.5 metres.
(vi)
The following provisions apply to an apartment building, back to back
stacked townhouse dwelling, long term care home and retirement home:
(a)
Where buildings are 8 storeys or more in height, a podium shall be
provided and the point tower portion of the building shall be set
back a minimum of 3 metres from the outer edge of the exterior wall
of the podium.
(b)
The minimum separation distance between point tower portions of
buildings that face each other where windows are proposed shall
be 25 metres.
Zoning By-Law 1784
Section 15.6 - 7
(c)
On sites with multiple buildings six storeys or greater in height, the
minimum separation distance between buildings that face each
other where windows are proposed shall be 12 metres clear of any
projections such as balconies and cantilevers.
(d)
The minimum landscaped open space on the lot shall be 25%.
(vii)
The following provisions apply to apartment buildings, retirement homes,
long term care homes and non-residential buildings:
(a)
In no case shall a parking area be permitted between a building
and the front lot line.
(b)
Parking areas adjacent to a street shall be separated from the
street by a landscaped open space area having a minimum width of
2.5 metres excluding any driveways.
(c)
The maximum elevation of the ground floor of the first storey above
finished grade level at the primary entrance door shall be 0.3
metres.
(d)
The minimum height of the first storey for all non-residential uses
shall be 3.5 metres.
(viii)
The following provisions apply to above ground parking structures:
(a)
Any above ground parking structure shall be inside the building
such that the perimeter wall of the parking structure shall not be
exposed to view from the street;
(b)
The portion of all floors facing a street shall be occupied by uses
permitted in the zone other than parking, except for any egress or
ingress driveway or ramps leading to the parking structure;
(c)
The uses required in (viii)(b) above shall extend at least 10.0
metres in depth from the wall facing the street and extend to the
same height as the proposed parking structure;
(d)
Any above ground parking structure shall be no higher than four
storeys or the height of the podium where a podium is provided.
(ix)
The following provisions apply to drive through lanes:
(a)
Drive through lanes shall not be permitted between a building and a
public street where the building is located within 20 metres of the
public street;
(b)
Drive through lanes shall not be within 7.5 metres of a residential
use;
(x)
Notwithstanding the definition of a lot, any severances by way of consent, or
the registration at any time of any Condominium Declaration, Plan of
Subdivision, or conveyance, the original boundary of a lot in the MX1-B and
MX3-B Zone shall continue to be considered to be the lot boundary.
Zoning By-Law 1784
Section 15.6 - 8
15.6.3
Exceptions
(1)
Exception 1: MX3-B-1
1 Ferguson Avenue
1.
Defined Area
The lands located north of Winchester Road West and east of Ferguson Avenue and
zoned MX3-B-1 shall be subject to the provisions as hereinafter contained. Matters
not specifically dealt with in this By-law amendment shall be governed by the relevant
provisions of By-law #1784.
2.
Uses Permitted
No person shall within any MX3-B-1 Zone use any lot or erect, alter or use any
building or structure except for one or more of the following uses:
All uses permitted in the MX3-B Zone in accordance with Table 15.6(1) Uses
Permitted in Mixed Use - Brooklin Zones
3.
Zone Provisions
Notwithstanding any provisions of this By-law to the contrary, in any MX3-B-1 Zone
the following provisions shall apply to a Mixed-Use Building:
(a)
Yard Setback to Winchester Road West
Minimum
3.0 m
Maximum
6.0 m
Notwithstanding the yard setbacks noted above, the Ministry of
Transportation (MTO) required setback shall apply along any public street
that is subject to MTO corridor control.
(b)
Front Yard
Minimum
6.0 m
(c)
Setback to a Visibility Triangle
Minimum
6.0 m
(d)
Roof Top Appurtenances
The maximum height of any roof top appurtenances such as an elevator
penthouse, mechanical room, stair tower, roof top access room, indoor
amenity space and any decorative structures or architectural features shall
not exceed 6 metres.
(e)
Parking Requirements
(i)
The minimum number of parking spaces for non-residential uses
shall be 1 space/ 30m2 of gross leasable area
(ii)
Tandem parking spaces shall be permitted and be counted as two
parking spaces only where used by an owner or tenant of one
dwelling unit.
(iii)
The parking space dimensions for an accessible parking space
shall be:
Type of Space
Min.
Length
Min.
Width
Min.
Height
Accessible Parking Space
5.8m
3.4m
2.1m
(8123-24)
Zoning By-Law 1784
Section 15.6 - 9
(f)
Non-Residential Provisions
(i)
The minimum gross leasable area for all non-residential uses shall
be 700m².
(ii)
The maximum gross leasable area for all non-residential uses shall
be 1400m².
(iii)
Non-residential uses shall only be permitted on the first storey of a
building.
(iv)
No drive through facilities are permitted.
(v)
Any outdoor patio or any ornamental or architectural structure such
as a canopy or colonnade related to non-residential uses may
project to within 1.0m of a streetline.
4.
Zone Provisions That Do Not Apply
The following subsections of Section 15.2 General Provisions shall not apply to the
lands zoned MX3-B-1 by this By-law:
15.2.27 (d)(i)
Zoning By-Law 1784
Section 15.7 - 1
15.7
Prestige Employment - Brooklin Zone Regulations
15.7.1
Uses Permitted
The following Table 15.7 (1) and additional provisions establish the uses permitted in the
Prestige Employment - Brooklin (PE-B) Zone. The uses permitted in the PE-B Zone are
identified in Table 15.7 (1) through YES under the column related to each zone.
Table 15.7 (1): Uses Permitted in Prestige Employment - Brooklin Zone
Use
PE-B Zone
Ancillary retail sales
YES
Assembly hall
YES
Banquet hall
YES
Business services including industrial supply, printing/graphic design establishment and
other similar services
YES
Catering service establishment
YES
Commercial school
YES
Communication facility
YES
Craft brewery/distillery
YES
Data centre
YES
Equipment sales and rental - light
YES
Eating establishment
YES
Eating establishment, takeout
YES
Financial institution
YES
Food preparation plant
YES
Hotel
YES
Light manufacturing
YES
Office
YES
Personal service establishment
YES
Pharmaceutical production facility
YES
Place of entertainment
YES
Post-secondary education facility
YES
Recreational club or facility
YES
Research and development facility
YES
Technology industry
YES
Warehouse distribution facility
YES
Warehouse facility
YES
Wholesale distribution centre
YES
Zoning By-Law 1784
Section 15.7 - 2
15.7.2
Uses Prohibited
The following uses shall be prohibited:
-
commercial self storage warehouse
-
elementary school, secondary school and private school
-
outside storage
-
place of worship
-
public garage
-
retail store
-
salvage yard
-
transport terminal
-
waste processing station, waste transfer station and recycling facility.
15.7.3
Prestige Employment - Brooklin (PE-B) Zone Provisions
(a)
Lot and Building Requirements by Use
The following Table 15.7 (2) and additional provisions establish the zone standards
that apply to the Prestige Employment Brooklin (PE-B) Zone.
Table 15.7 (2): Prestige Employment - Brooklin (PE-B) Zone Standards
Zone
Min.
Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Min.
Landscaped
Open Space
Max.
Building
Height
Prestige
Employment
0.4
ha
30 m
6 m
3 m
4 m
7.5 m
10% of the lot
area
8 storeys
Notes
NR= No Requirement
(b)
Additional Provisions
(i)
The maximum gross floor area permitted for personal service
establishments, eating establishments, takeout eating establishments,
financial institutions, or recreational clubs or facilities shall be 500 square
metres per premise.
(ii)
The maximum number of personal service establishment, eating
establishment, takeout eating establishment, financial institution or
recreational club or facility premises shall be four such uses permitted on a
lot.
(iii)
Ancillary retail sales associated with light manufacturing uses, shall be
permitted to a maximum of 10 percent of the gross floor area of the principal
use. The ancillary retail sales area may be used for the display and retail sale
of products manufactured, fabricated, processed or assembled on the
premises provided the retail sales and display area is separated from the
principal manufacturing use by solid partition walls and does not occupy more
than 500 square metres of gross floor area.
(iv)
The maximum gross floor area for ancillary retail sales associated with other
uses shall be 250 square metres per premise.
(v)
No office use with a gross leasable area greater than 10,000 square metres
shall be permitted unless such office use is integrated with other permitted
uses on the same lot.
Zoning By-Law 1784
Section 15.7 - 3
(vi)
Save and except parking and the temporary storage of refuse in accessory
bulk containers or receptacles for immediate pickup, all permitted uses and
other operations incidental thereto including storage shall be carried on
internal to a building.
(vii)
A landscaped open space strip measuring a minimum of 3 metres in width
shall be provided adjacent to any lot line abutting a street.
Zoning By-Law 1784
Section 15.8 - 1
15.8
Business Park - Brooklin Zone Regulations
15.8.1
Uses Permitted
The following Table 15.8 (1) and additional provisions establish the uses permitted in the
Business Park - Brooklin (BP-B) Zone. The uses permitted in the BP-B Zone are identified in
Table 15.8 (1) through Yes under the column related to each zone.
Table 15.8 (1): Uses Permitted in Business Park - Brooklin Zone
Use
BP-B Zone
Ancillary retail sales
YES
Assembly hall
YES
Banquet hall
YES
Business services including industrial supply, printing/graphic design establishment and other
similar services
YES
Catering service establishment
YES
Commercial school
YES
Communication facility
YES
Craft brewery/distillery
YES
Data centre
YES
Equipment sales and rental - light
YES
Eating establishment
YES
Eating establishment, takeout
YES
Financial institution
YES
Food preparation plant
YES
Hotel
YES
Light manufacturing
YES
Office
YES
Personal service establishment
YES
Pharmaceutical production facility
YES
Place of entertainment
YES
Post-secondary education facility
YES
Recreational club or facility
YES
Research and development facility
YES
Technology industry
YES
15.8.2
Uses Prohibited
The following uses shall be prohibited:
-
automobile sales establishment
-
automobile service station
-
car wash
Zoning By-Law 1784
Section 15.8 - 2
-
commercial self storage warehouse
-
elementary school, secondary school;
-
gas bar
-
outside storage
-
place of worship
-
public garage
-
retail store
-
salvage yard
-
warehouse distribution facility
-
warehouse facility
-
waste processing station, waste transfer station and recycling facility.
-
wholesale distribution centre
15.8.3
Business Park - Brooklin (BP-B) Zone Provisions
(a)
Lot and Building Requirements by Use
The following Table 15.8 (2) and additional zone provisions establish the zone
standards that apply to the Business Park - Brooklin (BP-B) Zone.
Table 15.8 (2): Business Park - Brooklin (BP-B) Zone Standards
Zone
Min.
Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Min.
Landscaped
Open Space
Max.
Building
Height
Business Park
0.4
ha
30 m
6 m
3 m
4 m
7.5 m
20% of the lot
area
8 storeys
Notes
NR= No Requirement
(b)
Additional Provisions
(i)
The maximum gross floor area permitted for personal service
establishments, eating establishments, takeout eating establishments,
financial institutions, or recreational clubs or facilities shall be 500 square
metres per premise.
(ii)
The maximum number of personal service establishment, eating
establishment, takeout eating establishment, financial institution or
recreational club or facility premises shall be four such uses permitted on a
lot.
(iii)
Ancillary retail sales associated with a light manufacturing uses, shall be
permitted to a maximum of 10 percent of the gross floor area of the principal
use. The ancillary retail sales area may be used for the display and retail sale
of products manufactured, fabricated, processed or assembled on the
premises provided the retail sales and display area is separated from the
principal manufacturing use by solid partition walls and does not occupy more
than 500 square metres of gross floor area.
(iv)
The maximum gross floor area for ancillary retail sales associated with other
uses shall be 250 square metres per premise.
(v)
No office use with a gross leasable area greater than 10,000 square metres
shall be permitted unless such office use is integrated with other permitted
uses on the same lot.
(vi)
Save and except parking and the temporary storage of refuse in accessory
bulk containers or receptacles for immediate pickup, all permitted uses and
Zoning By-Law 1784
Section 15.8 - 3
other operations incidental thereto including storage shall be carried on
internal to a building.
(vii)
A landscaped open space strip measuring a minimum of 3 metres in width
shall be provided adjacent to any lot line abutting a street.
Zoning By-Law 1784
Section 15.9 - 1
15.9
General Employment - Brooklin Regulations
15.9.1
Uses Permitted
The following Table 15.9 (1) and additional provisions establish the uses permitted in the
General Employment - Brooklin (GE-B) Zone. The uses permitted in the GE-B Zone are
identified in Table 15.9 (1) through Yes under the column related to each zone.
Table 15.9 (1) Uses Permitted in General Employment - Brooklin Zone
Use
GE-B Zone
Ancillary office
Q1
Ancillary retail sales
Q1
Catering service establishment
YES
Commercial self-storage warehouse
YES
Communication facility
YES
Contractor's Yard
YES
Craft brewery/distillery
YES
Data centre
YES
Equipment sales and rental - light
YES
Food preparation plant
YES
Heavy equipment sales and service
YES
Industrial use
YES
Laundry
YES
Light manufacturing
YES
Outside storage
YES
Parking area, heavy vehicles
YES
Pharmaceutical production facility
YES
Public garage
YES
Research and development facility
YES
Service shop
YES
Technology industry
YES
Transport terminal
YES
Warehouse distribution facility
YES
Warehouse facility
YES
Wholesale distribution centre
YES
Vehicle storage compound
YES
Qualifications:
Q1 Use must be incidental, subordinate and accessory to an industrial use or light manufacturing use and may be
situated within the primary use or situated on the same lot as the primary use.
Zoning By-Law 1784
Section 15.9 - 2
15.9.2
General Employment - Brooklin (GE-B) Zone Provisions
(a)
Lot and Building Requirements by Use
The following Table 15.9 (2) and additional provisions establish the zone standards
that apply to the General Employment - Brooklin (GE-B) Zone.
Table 15.9 (2): General Employment - Brooklin Zone Standards
Zone
Min.
Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Side
Yard
Min.
Exterior
Side Yard
Min.
Rear
Yard
Min.
Landscaped
Open Space
Max.
Building
Height
General
Employment
0.4
ha
30 m
7.5 m
4.5 m
7.5 m
7.5 m
10% of the lot
area
20 m
Notes
NR= No Requirement
(b)
Additional Provisions
(i)
Ancillary retail sales associated with a light manufacturing use or other
industrial use shall be permitted to a maximum of 10 percent (%) of the
gross floor area of the principal use. The ancillary retail sales area may be
used for the display and retail sale of products manufactured, fabricated,
processed or assembled on the premises provided the retail sale and display
area is separated from the principal manufacturing use by solid partition
walls and does not occupy more than 500 square metres of gross floor area.
(ii)
The maximum gross floor area for ancillary retail sales associated with other
permitted uses shall be 500 square metres per premise.
(iii)
The office use component of an industrial use or a light manufacturing use
shall be smaller in scale and subordinate to the primary use and shall not
exceed 10% of the gross floor area of the primary use.
(iv)
A landscaped open space strip measuring a minimum of 3 metres in width
shall be provided adjacent to any lot line abutting a street.
15.9.3
Exceptions
Exception 1: GE-B-1
5515 Garrard Road
1.
Defined Area
The lands located east of Garrard Road and south of Highway 407 and zoned GE-B-1
shall be subject to the provisions as hereinafter contained. Matters not specifically
dealt with in this By-law amendment shall be governed by the relevant provisions of
By-law #1784.
2.
Zone Provisions
Notwithstanding any zone provisions of this By-law to the contrary, in any GE-B-1
Zone the following provisions shall apply:
(a)
Determination of Lot
Notwithstanding the definition of Lot in Section 2 and any other provisions of
By-law #1784, and notwithstanding the obtaining of any severance by way of
a consent under the provisions of the Planning Act, R.S.O. 1990, C. P. 13 as
amended from time to time, or the registration at any time of any
Condominium Declaration, a Plan of Subdivision, or conveyance with
respect to any portion of the said land, the land zoned GE-B-1 by this By-law
shall be considered to be one lot.
(8219-25)
Zoning By-Law 1784
Section 15.9 - 3
(b)
Parking
(i)
Number of Parking Spaces
Use or purpose
Minimum Number of Parking Spaces
Required (per building)
- Warehouse Distribution
Facility
- Warehouse Facility
- Wholesale Distribution
Centre
1 parking space per 50m2 of gross floor
area up to 2800 m2 plus 1 additional
parking space per 250m2 of gross floor
area of the building in excess of
2,800m2.
(ii)
Location of Parking Spaces
Any parking area and parking spaces are permitted in all yards.
(iii)
Driveway Width
Minimum
12m
Provided however that the maximum width for a driveway intended
primarily for a truck access to the site shall be 26m.
(c)
Outside Storage
Notwithstanding any provisions of this By-law to the contrary, outside
storage including any outside storage of vehicles including commercial
vehicles and motor vehicles and any trailers shall be permitted in the rear
yard and in the interior side yard provided that such outside storage is not
readily visible from the streetline.
3.
Zone Provisions That Do Not Apply
The following provisions shall not apply to the lands zoned GE-B-1 by this By-law
amendment:
4A(4.5) Aisle Width Serving a Parking Area of a Non-Residential Use
Zoning By-Law 1784
Section 15.10 - 1
15.10
Local Commercial - Brooklin Zone Regulations
15.10.1 Uses Permitted
The following Table 15.10 (1) and additional provisions establish the uses permitted in the
Local Commercial - Brooklin C1-B Zone. The uses permitted in the C1-B Zone are identified in
Table 15.10 (1) through YES under the column related to each zone.
Table 15.10 (1): Uses Permitted in Local Commercial - Brooklin Zone
Use
C1-B Zone
Animal care establishment
YES
Bakeshop
YES
Clinic
YES
Community centre
YES
Day care establishment
YES
Dry cleaning establishment
YES
Eating establishment
YES
Eating establishment, take-out
YES
Financial institution
YES
Food store
YES
Library
YES
Office
YES
Personal service establishment
YES
Place of entertainment
YES
Place of worship
YES
Recreational Club or Facility
YES
Retail store
YES
Service shop
YES
School, commercial
YES
Studio
YES
Zoning By-Law 1784
Section 15.10 - 2
15.10.2 Local Commercial - Brooklin Zone Provisions
(a)
Lot and Building Requirements by Use
The following Table 15.10 (2) and additional provisions establish the zone standards that apply to the Local Commercial - Brooklin
Zone.
Table 15.10 (2) Local Commercial - Brooklin C1-B Zone Standards
Zone
Min. Lot
Area
Min. Lot
Frontage
Min.
Front
Yard
Min.
Interior
Yard
Min.
Exterior
Yard
Min.
Rear
Yard
Min. Landscaped Open
Space
Max Building
Height
Local
Commercial
0.4 ha
30 m
0.0 m
3.0 m
4.0 m
3.0 m
10% of the lot area
14 m
Notes: NR = No Requirement
(b)
Additional Provisions
(i)
Parking areas adjacent to a street line shall be separated from the street by a landscaped open space area having a
minimum width of 2.5 metres excluding any driveways.
(ii)
The maximum elevation of the ground floor of the first storey above finished grade level at an entrance door shall be 0.3
metres.
(iii)
The minimum height of the first storey shall be 3.5 metres.
Zoning By-Law 1784
Section 15.11 - 1
15.11
Special Purpose Commercial - Brooklin Zone Regulations
15.11.1 Uses Permitted
The following Table 15.11 (1) and additional provisions establish the uses permitted in the
Special Purpose Commercial - Brooklin (SPC-B) Zone. The uses permitted in the SPC-B Zone
are identified in Table 15.11 (1) through YES under the column related to each zone.
Table 15.11 (1) Uses Permitted in Special Purpose Commercial - Brooklin Zone
Use
SPC-B Zone
Animal care establishment
YES
Assembly hall
YES
Automobile sales establishment
YES
Boat and recreational vehicle sales establishment
YES
Catering service establishment
YES
Eating establishment
YES
Eating establishment - take out
YES
Equipment sales and rental - light
YES
Financial institution
YES
Funeral Establishment
YES
Home improvement centre
YES
Home supply centre
YES
Hotel
YES
Motor vehicle rental
YES
Outside storage
Q1
Place of entertainment
YES
Place of worship
YES
Public garage
YES
Recreational club or facility
YES
Retail nursery
YES
Service shop
YES
Veterinary clinic
YES
Wellness centre
YES
Qualifications:
Q1
Outside storage is permitted subject to the following:
(a)
any outside storage is an accessory and incidental activity devoted to the principal use for which
the lot, building or structure is used.
(b)
any outside storage is restricted to the interior side yard or rear yard.
(c)
any outside storage is suitably screened from view from any adjacent street line.
Zoning By-Law 1784
Section 15.11 - 2
15.11.2 Special Purpose Commercial - Brooklin (SPC-B) Zone Provisions
(a)
Lot and Building Requirements by Use
The following Table 15.11 (2) and additional provisions establish the zone standards that apply to the Special Purpose Commercial -
Brooklin (SPC-B) Zone.
Table 15.11 (2) Special Purpose Commercial - Brooklin (SPC-B) Zone Standards
Zone
Min. Lot
Area
Min. Lot
Frontage
Min. Front
Yard
Min.
Interior
Side Yard
Min.
Exterior
Site Yard
Min. Rear
Yard
Min.
Landscaped
Open Space
Max Building
Height
Special Purpose
Commercial
0.8 ha
60 m
7.5 m
7.5 m
7.5 m
7.5 m
10% of the lot
area
20 m
Notes:
NR = No Requirement
(b)
Additional Provisions
(i)
Parking areas adjacent to a street line shall be separated from the street by a landscaped open space area having a
minimum width of 2.5 metres excluding any driveways.
(ii)
The maximum elevation of the ground floor of the first storey above finished grade level at an entrance door shall be 0.3
metres.
(iii)
The minimum height of the first storey shall be 3.5 metres.
Zoning By-Law 1784
Section 15.12 - 1
5.12
Natural Heritage System - Brooklin Zone Regulations
15.12.1 Uses Permitted
The following Table 15.12 (1) and additional provisions establish the uses permitted in the
Natural Heritage System - Brooklin (NHS-B) Zone. The uses permitted in the NHS-B Zone are
identified in Table 15.12 (1) through YES under the column related to each zone.
Table 15.12 (1): Uses Permitted in Natural Heritage System - Brooklin (NHS-B) Zone
USE
ZONE
Conservation use
YES
Passive recreational use
YES
15.12.2 Additional Provisions
(a)
No habitable buildings or structures are permitted.
Zoning By-Law 1784
Section 15.13 - 1
15.13
Natural Hazard Land - Brooklin Overlay Zone Regulations
15.13.1 Uses Permitted
The uses permitted in the Natural Hazard Land - Brooklin (NHL-B) Overlay Zone shall be as
per the uses permitted in the Natural Heritage System - Brooklin Zone in 15.12.1
15.13.2 Additional Provisions
(a)
Where a lot is subject to a Natural Hazard Land - Brooklin Overlay Zone, no uses and
no building or structure or expansion to a building or structure shall be permitted until
all technical studies, based on approved terms of reference, required by the Town
and/or Conservation Authority are approved. The requirements for the technical
studies may be scoped or waived subject to the concurrence of the Conservation
Authority.
(b)
No habitable buildings or structures are permitted.
Zoning By-law 1784
Section 16 - 1
Section 16
Administration
(a)
This By-law shall be administered by the Township Building Inspector and no permit for the
erection or use of any building or structure and no approval of application for any municipal
license shall be issued or given where such use is in violation of any provisions of this By-law.
(b)
No person shall erect and use any building or structure without first obtaining from the Building
Inspector, a Building Permit. A written application for such Permit shall show the following
particulars:
(i)
Location and size of the land.
(ii)
Location and size of the building.
(iii)
Proposed location of all future buildings.
(iv)
All services to be used or installed.
(v)
Statement by the owner of the intended use of the land and buildings.
(c)
By-laws Number 1553, 1556, 1613, 1689, 1691, 1723 and 1738, be and the same are hereby
repealed.
(3760-95
(7959-23)
Zoning By-law 1784
Section 17 - 1
Section 17
Violations and Penalties
(a)
Every person who contravenes any provision of this By-law is guilty of an offence and, on
conviction, is liable:
(i)
on a first conviction, to a fine of not more than $25,000.00; and,
(ii)
on a subsequent conviction to a fine of not more than $10,000.00 for each day or part
thereof upon which the contravention has continued after the day on which the person
was first convicted.
(b)
Where a corporation is convicted under subsection (a), the maximum penalty that may be
imposed is:
(i)
on a first conviction a fine of not more than $50,000.00; and,
(ii)
on a subsequent conviction a fine of not more than $25,000.00 for each day 9or part
thereof upon which the contravention has continued after the day on which the
corporation was first convicted, and not as provided in subsection (a).
(c)
The provisions of the Provincial Offenses Act, R.S.O. 1990, c. P. 33, as amended, shall apply
to any prosecution for any offence under this By-law, and, without limiting the generality of the
foregoing, the aforesaid fines which are exclusive of costs, shall be recoverable thereunder.
(188-75)
(3178-92)
(3760-95)
(7959-23)
Zoning By-Law 1784
Section 18 - 1
Section 18
Approval
This By-law shall come into effect on the day it is passed by the Council subject to the approval of The Ontario
Municipal Board.
A.D., 1960.
Wm. A. Heron, REEVE
Murray Robinson, CLERK
ORIGINAL OF BY-LAW NUMBER 1784 PASSED AS PROVIDED ABOVE, RECEIVED APPROVAL OF THE
ONTARIO MUNICIPAL BOARD ON MAY 19TH, 1960.
(376--95)
(7959-23)
Zoning By-Law 1784
Schedule 'A' Zone Requirements Table
(1) Subject to 4 (1) regarding roads. (2) Subject to 5 (c) regarding garages. (3) 4.5 m additional to be provided when Front Yard parking is allowed. (4) Subject to 11 (c) regarding residential uses for persons not employed on the same lot (i.e. non-farm lots) (5) Except
in the case of a building which existed prior to the date of passing of By-law # 3465-94, in which case the maximum building height of the existing building shall be 9.5 m.*All amendments have not been incorporated into this schedule. For accurate reference recourse
should be had to be the amending by-laws
Zone
Use
Lot
Type
Min. Lot Area
Without
Services
(Sq. Metres)
Minimum Lot
Area With
Public Water
Supply or
Public
Sanitary Sewer
(Sq. Metres)
Min. Lot
Frontage
Without
Services
(Metres)
Min. Lot
Frontage With
Public Water
Supply or
Public
Sanitary Sewer
(Metres)
Min. Lot
Depth
(Metres)
Max. Lot
Coverage
(Percent)
Min. Front
Yard (1)
(Metres)
Min.
Interior
Side Yard
(Metres)
Min.
Exterior
Side Yard
(Metres)
Min. Rear
Yard
(Metres)
Min.
Ground
Floor Area
1 Storey
(Sq. Metres)
Min.
Ground
Floor Area
1 ½ Storey
(Sq. Metres)
Min.
Ground
Floor Area
2 Storey
(Sq. Metres)
Max.
Building
Height
(Metres)
All
Zones
Recreational
Institutional
n/a
n/a
n/a
n/a
n/a
n/a
20
20
12.0
12.0
12.0
12.0
12.0
12.0
10.5
12.0
n/a
n/a
n/a
n/a
R1
Residential
Interior
Corner
1,670
1,670
1,020
1,145
30.5
30.5
24.5
27.5
n/a
20
20
12.0
12.0
1.5(2)
1.5(2)
12.0
6.0
6.0
125
125
100
100
75
75
8.5(5)
8.5(5)
R2
Residential
Interior
Corner
1,575
1,575
925
1,125
27.5
27.5
21.5
26.0
n/a
20
20
10.5
10.5
1.5(2)
1.5(2)
10.5
6.0
6.0
111
111
89
89
67
67
8.5(5)
8.5(5)
R3
Residential
Interior
Corner
1,485
1,575
835
1,045
24.5
26.0
18.5
23.0
n/a
20
20
9.0
9.0
1.5(2)
1.5(2)
9.0
6.0
6.0
97
97
78
78
59
59
8.5(5)
8.5(5)
C1
Commercial
n/a
n/a
n/a
n/a
n/a
n/a
30
10.5(3)
3.0
9.0
3.0
n/a
n/a
n/a
10.5
C1
Residential
n/a
n/a
n/a
n/a
n/a
n/a
30
10.5(3)
3.0
9.0
3.0
Minimum 70
Per Dwelling
Unit
Minimum 70
Per Dwelling
Unit
Minimum 70
Per Dwelling
Unit
Minimum 70
Per Dwelling
Unit
C2
Commercial
Except Public
Garage
n/a
n/a
n/a
n/a
n/a
n/a
30
10.5(3)
3.0
9.0
3.0
n/a
n/a
n/a
10.5
C2
Commercial
Public Garage
n/a
n/a
n/a
45.5
45.5
n/a
30
21.5
10.5
15.0
13.5
n/a
n/a
n/a
10.5
M1
Industrial
Commercial
n/a
n/a
n/a
n/a
n/a
61.0
50
15.0
7.5
10.5
13.5
n/a
n/a
n/a
n/a
M1
Residential
n/a
n/a
n/a
n/a
n/a
n/a
n/a
15.0
7.5
10.5
13.5
97
78
59
10.5
M2
Open Storage
n/a
n/a
n/a
n/a
n/a
61.0
n/a
15.0
7.5
10.5
13.5
n/a
n/a
n/a
n/a
G
Conservation
Farming
n/a
40HA
40HA
60
60
n/a
10
15.0
15.0
15.0
15.0
n/a
n/a
n/a
n/a
A
Residential
(Other Than
Farming)
n/a
2,785
2,785
45.5
45.5
n/a
10
15.0
15.0(4)
15.0
15.0
139
111
84
10.5
A
Farming
n/a
40HA
40HA
60
60
n/a
10
15.0
15.0
15.0
15.0
n/a
n/a
n/a
n/a
(3454-94)
Zoning By-Law 1784
Schedule "A-1" Amendments to Zone Maps
Schedule "A-1" maps are maps included in by-laws that amend Schedule 'B' to By-law # 1784.
The original Zoning By-law amendments should be consulted for reference to individual Schedule "A-1" maps.
Zoning By-Law 1784
Schedule "B" Zone Maps
Lake Ontario
By-Law 5581-05
Ajax
Myrtle Rd W
Winchester Rd W
Rossland Rd W
Highway 412
Highway 407
Gerrard Rd
Oshawa
Pickering
Scugog
Uxbridge
Lake Ridge Rd N
Ashburn Rd
Thickson Rd N
Anderson St
Baldwin St N
Highway 401
Townline Rd W
Brawley Rd W
Brock St N
Columbus Rd W
Victoria St E
Dundas St E
Victoria St W
Dundas St W
Taunton Rd E
Taunton Rd W
Lake Ridge Rd S
Cochrane St
Columbus Rd E
Townline Rd E
Boundary Rd
Map 4
Map 7
Map 9
Map 6
Map 8
Map 5
Map 3
Map 2
Map 1
Map 11
Map 19
Map 18
Map 17
Map 10
Map 13
Map 12
Map 14
Map 15
Map 16
By-Law
2585
By-Law
2585
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
Town of Whitby
Schedule B
Zoning By-Law 1784
Index Map
Zoning Revised: September 2025
September 2025
±
0
1
2
Kilometres
1:110,000
These maps are prepared for the purposes of convenience only.
For accurate reference, the original by-law and individual
amendments should be consulted.
Legend
Key Map Index
Road Network
Municipal Boundary
Unopened Road Allowance
By-Law 2585 and 5581-05
*Refer to Schedule A of By-Law 2585
and Schedule A-1 of By-Law 5581-05
Railway
Lake Ontario
Halls Rd S
Lake Ridge Rd S
Portage Trail
Tallships Dr
Whitby Shores Grnwy
Breakwater Dr
Seaboard Gate
Steamer Dr
Anchorage Ave
Montecor
Majestic St
Lighthouse St
Forecastle Rd
Point Hope Pl
Channel Dr
Harbourside Dr
Stanhope St
Four Winds Dr
Bliss Ct
Inlet Bay Dr
Eastbourne Beach Rd
Topsail Ave
Bayside Gate
Eggert Ct
Regatta Cres
Havenwood Pl
James Govan Dr
Hanlan Ct
Shelter Bay Ct
Estuary St
Southshore St
Coastview Ct
Victoria St W
Victoria St W
Map 3
By-Law
2585
By-Law
2585
A
G-4
R4B*
R2B*
C2
R2A*
G-4
R3A*
R3A*
R2B*
R2B*
R3B*
R3A*
R3A*
R4B*
R2B*
R3A*
R2B*
R2B*
R2A*
R2B*
A
G-4
G-4
G
G
G-4
G-4
OS-1
G-4
A
A
OS-1
G
G
A
A
A
G
G
M1A-LS
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #1
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Canadian National
Railway
tional Railway
Lake Ontario
Hopkins St
Forbes St
Tricont Ave
Champlain Ct
Boundary Rd
William Smith Dr
McEwen Dr
Wentworth St
Moore Ct
Crystal Beach Blvd
Highway 401
Scotia Ct
Crown Ct
Corbett Ave
Thickson Rd S
Wentworth St
Champlain Ave
Boundary Rd
Victoria St E
Map 4
By-Law
2585
By-Law
2585
OS
M1A
M1
C2-S-RW-4
M1A
M1
M1
G
M1
M1
M1
M1
G
M1A-2
A
M1A-AC-1
C2-S
M1A
M1A
C2-S-RW-1
C2-S-RW-8
C2-S-RW
C2-S-RW-6
C2-S-RW-5
C2-S-RW-7
AS-CW/C2-S-RW-5
OS
OS
M1A
M1A-1
G
M1
M1A
G
M1-1
M1A
G
G
H-C2-S-RW-9
M1
H-M1
M1A
OS
M1A-3
M1A-12
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #2
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Canadian National Railway
Highway 401
Michael Blvd
Kennett Dr
Giffard
Roan Dr
Nordeagle
Jeffery St
Bell Dr
Wellington St
Lee Ave
Allayden Dr
Calais St
Almond Ave
Cresser Ave
D
Churchill Ave
Queens Rd
Guthr
Gerrie Ct
Resolute Cres
Nordic Ct
Montecorte St
Carter Cres
Lyndeview Dr
Cardiff Ct
Raglan St
Harper Ct
Gowan Dr
Barberry Ct
Ingram Ct
LaHaye Dr
Kenton Ct
Point Hope Pl
Fawn Ct
Fothergill Ct
Belton Ct
Rothean Dr
Evans Ct
Marbury Ct
Glenmount Ct
Chopin Ct
Bannerman Ct
e Gate
Warden Wilson Ave
Flemington Ct
Lennon Ct
Gail Ct
Nettle's Ct
Cres
Moonstone Dr
Balsdon Cres
Hodgson Dr
Heda Ct
Mozart Ct
Deerfield Ct
Bluebell Cres
McFarlane Ct
White Oaks Ct
Threadgold Ct
Draper Ct
Ramsden Ct
Jeffery St
Victoria St W
Dundas St W
Lake Ridge Rd S
Bonaco
Halls Rd N
Coronation Rd
Victoria St W
Highway 412
Highway 412
Lake Ridge Rd N
Bonacord Ave
Old Lakeridge Rd
Lake Ridge Rd S
Halls R
Map 5
Map 1
Map 6
By-Law
2585
By-Law
2585
G
G
G
LD
R1A
R1A
A
MX2
C2
R3A*
R2B*
G-4
A
G
G
R1A
I
C1
G
I/R2A
OS
R4B
I/R2B
R2A*
R3B
R2B
R3
G
R2
G-4
A
GB
D(NR)
C2-S
R2
R2A*
R1
G
R2
C2-S
R2
A
G-4
G-4
OS-1
A
C2
R3
A
MX2S-2
HD
OS
IWW/LD
MX2
MD
MD
LD
MD
G
C2-S-8
MD
G
G
R3A
PE
PE-1
PE-2
PE-4
PE
R2A
R2A
OS
M1A-LS
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #3
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Canadian Pacific Railway
way
Nichol Ave
Scott St
Crawforth St
Powell Rd
Glen Hill Dr
Pringle Dr
Rosedale Dr
Ribblesdale Dr
Champlain Ct
Stewart St
Sawdon Dr
Elizabeth Cres S
Dovedale Dr
Bellwood Dr
Bowman Ave
Kirby Cres
Dublin St
Pine Hills Rd
Sunray St
Frederick St
Long Dr
Melissa Cres
Johnson Ave
Allan St
Glen Hill Dr S
Ardwick St
Applewood Cres
Coulton Ct
Dorvis Dr
Lloyd St
Harding St
Springwood St
Craydon Rd
Dunbar Dr
Wood Dr
Maplewood Dr
Adanac Dr
Clovelly Dr
Regal Briar St
Hunter St
Oceanpearl Cres
Boychyn Dr
Mayflower St
Crocus Cres
lac Terr
Industrial Dr
Warren Rd
Prince of Wales Dr
Leslie St
Atlantis Dr
tchison Ave
Jubilee Ct
Mount Pleasant Ave
Highway 401
Elmeroy Ct
Kathleen St
Mason Dr
Hawkstone Cres
Carlow Ct
Calder Cres
Visser Ct
Upland Dr
Otto Ct
Northview Ave
Bradford Ct
Broadview Ave
Dalton Rd
G
Cannon Ct
Stanley Ct
Vanessa Pl
Jones Ct
Eldridge Pl
Fulwood Cres
Lowder Pl
Woodlawn Ct
Cawker Ct
Springsyde St
Fallon Ct
Burnage Lane
Evaleigh Ct
Trinity Cres
Mansfield Cres
Devon Port Lane
Fairmeadow Pl
Holden Ct
Corral Ct
Winston Cres
Murkar Cres
Nearctic Ct
Horseshoe Dr
Janedale Cres
Falcon Ct
Greenfield Cres
Lick Pond Way
Denison St
Greenview Ct
Applewood Ave
Hawkins Ct
Dunlop St E
Dundas St E
Thickson Rd S
Hopkins St
Manning Rd
Burns St E
Champlain Ave
Kendalwood Rd
Burns St E
Consumers Dr
Dundas St E
Map 2
Map 7
Map 6
By-Law
2585
By-Law
2585
M1A
G
M1
G
R2A
R2A
G
G
GB-CW
R2
G
G
R3B*-2
H-C3
G
G
R3A
R3B
R2A
R3A
R3A
I
R3
R3
R5
R2
R3C
C2-S
C1
C2-S-CN
R2C*
R2A
G
R3B
R3
R2A
R3B*
C2-S
R1A
R2A
R3B
I*
R3A
R3B
R3B
OS
R2B
R2
I*
R2A*
I
OS
R3A
R2A
G
R3
G
C-1-B
R4B
R3A
R3A
R2
OS
GB
GB
R3
R3B
R3B
R3A
C1
C2-S-CN-1
AS-CW
C1
I*
I*
C1
R4B
C2-S-3
OS
R3A
OS
R2
R4A
G
R3B
I
R3A
G
OS
R3B
C1
R4A
R3A
R2A
R3A
R2A*
R3B
R3B
R3
R3B
OS
R2B
R3B
R3B
C1
R4B
R3B
R3B
R3A
OS
R3B
OS
OS
R2B
R5A
R2A
D
R3A
R4B
R3A
R2C
R3A
R3B
M1A-AC-1
R3B
R3B
H-M1A
H-M1A
R3B
GB-2
R3B
C2-S-RW-4
C2-S-RW-8
M1
R2B*
R3A*
R3B*
M1A-AC-2
M1A
G
R3B*
R2C*
R4B*
R2B*
R2B*
R2A
OS
R2C*
R2C*
C2-S-RW-3
M1
GB-CW
M1A
C2-S-RW-2
R3B
R2-2
R2
R4A*
H-C3
R4B*
R4B*
C3
C2-S
C3-1
R5A*-6
G
R2C*
R2B*
R3B*
R4B*
R3B*
R2C*-3
R2C*
G-6
OS
R4B*
F
R4A*/R5A*
C2-S
OS-3
M1A-2
C2-S-7
G-8
R2A*
R2
R2-3
CMU*-10
H-C1-2
R2A*-13
M1A-4
CMU*-10
R4A*-7
OS
OS
R3B
CMU*-13
R4A*-11
R2A*-14
R2A
R3
M1A
M1A
M1
M1A-13
CMU*-10
and
CMU*-17
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
Zoning Revised: September 2025
September 2025
±
0
200
400
Metres
1:15,000
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #4
Canadian
Canadian Pacific Railway
McQuay Blvd
Medland A
Baycliffe Dr
Mackey Dr
Gartshore Dr
Holliday Dr
Bridgid Dr
Wetherburn Dr
Frost Dr
Lafayette Blvd
Vineyard Ave
Merchants Ave
Jacob Dr
Telegraph Dr
Shenandoah Dr
Renfield Cres
Muir Cres
Ball Cres
Guthrie Cres
Abbyview Dr
Artesian Dr
Splendor Dr
Goldring Dr
Gloria Cres
Fawn Ct
Kirkland Pl
Rich Cres
Foundry Lane
Keiffer Ct
Myette Dr
Goodfellow St
Lennon
Wakem Ct
Brownridge Pl
St Philip Ct
Randolph Ave
Cluff Ct
Tiverton Lane
Pardon Ave
Constance Dr
Davidson St
Shasta Cres
Lonsdale Ct
Blacksmith Lane
Nieuwendyk St
McGillivary Ct
Somerset St
Nugget Ct
Corner Ct
Brookdale Cres
Tidewater Cres
Kressman Ct
Presley Cres
Ormandy Ct
Rampart Cres
Plantation Ct
Sean Ct
Kalar Lane
Mattawa Ct
Threadgold Ct
Barrow Ct
Endeavour Ct
Rosseau Cres
Beecroft Ct
Whitney Ct
Bonneta Ct
Taunton Rd W
Rossland Rd W
Bonac
Coronation Rd
Twin Streams Rd
Bonacord Ave
Lake Ridge Rd N
Highway 412
Highway 412
Rossland Rd W
Halls Rd N
Map 6
Map 3
Map 8
Map 9
By-Law
2585
G
R1A
A
A
MX2
LD
LD
MD
LD
R2A*
G
G
R2C*
R2B*
R2B*
R2B*
MD
R3C*
R3B*
R3B*
R2B*
R2B*
R2B*
G
R3C*
R3A*
-WS
R2A*-WS-2
R3A*
R2B*
R3A*
R2C*
I
I*
IWW-1
LD
G
R3B
R4A
R2A
R1A
R2B*
R2B*
R3B*
R2A
R3B
R2A*
R3B
TRN-W
R3B*
R2C*
OS
R3B*
R2A*
R4B*
R2C*
R1A*
R4B*
R4A*
R2C*
R2B*
OS
OS
R2C*
R3B*
I*/R2B*
R2B*
I*/R2B*
R3B*
R3B*
R2C*
R2C*
R2C*
R2B*
R2A*
R4B
R3B*
R3B*
R2B*
I*
R1A*
R2
R3B*
R4B*
G
I*
R2C*
R3B*
R4B*
R2C*
R2D*
R4B*
R2C*
I*/R2B*
R3B
I
R3B
R3B
R2A
R3B
OS
R4B*
R3B*
R3B*
I*
R3B*
R3B
R2C*
OS
R2C*-5
R2C*-5
I
C1
R3B
OS
R3B
R3B
I*
G
I
R2A*
OS
R2B*
R2C*
R4B
I/R2B
R2A*
R3B
R2B
R2A*
R3B*
R3A*
R2C*
R3B*
R3A*
R3A*
R3A*
R2A*
R2B*-10
R2C*
R2B*
H-R3D*
R2C*
R2C*
G
R2C*
R3B*
R3C*
G
G
OS
LD
MD
MD
IWW/LD
MD
OS
MD
MD
LD
IWW/MD
OS
LD
HD
MD
A
IWW/LD
OS
A
MD
MX2
MX1S
MX2
PE
MX2
HD
H-MX2S
HD
G
MX1N-1
A
MX2
MD
R2C*
R4B*
A
R5A-15
R3A
R2A
G
LD
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
Zoning Revised: September 2025
September 2025
±
0
200
400
Metres
1:15,000
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #5
Canadian Pacific Railway
Bradley Dr
Fallingbrook St
Whitburn St
Bassett Blvd
Medland Ave
Centre St N
Pringle Dr
Willowbrook Dr
Byron St N
Sato St
Beech St W
Kilbride Dr
Valleywood Dr
e Dr
Vanier St
Jason Dr
Gartshore Dr
Geddy St
Fairview Dr
Forest Heights St
Walton Blvd
Lacey Dr
Civic Centre Dr
Palmerston Ave
Holliday Dr
Waywell St
Wetherburn Dr
Beech St E
st Dr
Lafayette Blvd
Rice Dr
Vineyard Ave
Wallace Dr
Vintage Dr
Merchants Ave
Telegraph Dr
Jays Dr
Foothill St
Parnell Cres
Shenandoah Dr
Stonemanor Ave
Catherine Dr
White Ash Dr
Patrick Dr
Pilkington Cres
Carroll St
Cork Dr
Bridgewater Ave
Harris St
Artesian Dr
Old Colony Dr
Timber Mill Ave
Starr Ave
James Rowe Dr
Kerrigan Dr
Knotty Pine Dr
Estate Cres
Redvers St
Clune Pl
n Dr
Inglenook Ct
Lipton Cres
Splendor Dr
Woodward Dr
Henderson Dr
Stargell Dr
Lockridge St
Hillcourt Ave
Civic View
Riverwood St
Palomino Pl
Woodlands Ave
Hanover Ct
Woodhaven Cres
Lismer Dr
Robinson Cres
Heaver Dr
Hubbell Dr
Westport Dr
Foundry Lane
Ivanic Ct
Windbreak Cres
Maple Edge Lane
Hemingford Pl
Preservation Pl
ant St
Fifewood Cres
Virginia Dr
Petra Way
O'Connor Dr
Gilchrist Ct
Finnegan Pl
Keiffer Ct
Longfellow Ct
Fernbank Pl
Emmett Pl
Barrister Ave
Cres
Bourbon Pl
Kenneth Hobbs Ave
MacMillan Ave
Silverbirch Pl
Farnwood St
Limestone Cres
Bentonwood Cres
Harvest Pl
Oglevie Dr
Millstone Cres
Harris Ct
Cobblestone Dr
Joy Thompson Ave
Ennisclare Pl
C
Lumsden Cres
Sunny Rose Ct
Linden Ct
Teddington Cres
Chiltern Pl
Brookwood Blvd
Longford Ct
Pemberton Ct
Candlebrook Dr
Red Maple Ct
Aird St
Wilcox Ct
Evensong Dr
Sugar Maple Cres
Worfolk Pl
Palisades Ct
Bancroft Cres
Longueuil Pl
Carmichael Dr
Montrose Cres
Paul Burns Way
Dewbourne Pl
Lyndhurst Cres
Vernon St
Robideau Pl
Graham Ct
Decatur Pl
Yorkshire Cres
Ironwood Ct
Harrison Ct
Donovan Cres
Melborne Ct
Dabbs Way
Barkdale Way
Drew Ct
Willis Ave
Meadowglen Dr
Greenbush Pl
Wardman Cres
Glencedar Cres
Rosewood Ct
Victorian Lane
Davies Cres
Mapleglen Ct
Cres
Kapuscinski Ct
Dalebrooke Cres
Valley Ct
Knightsbridge Ct
Pinebrook Cres
Littleleaf Ct
Greenlands Ct
Woodstone Pl
Honey Tree Ct
Bettley Ct
McCartney Ave
Fern
Ormandy Ct
Pine Gate Pl
Plantation Ct
O'Malley
Walton Ct
Mayfield Cres
Schilling Ct
ttawa Ct
McBrien Ct
Wicker Park Way
Tincomb Cres
Alexis Way
Barrow Ct
Yewtree Way
Broughton Ct
Briargreen Ct
Dreamcrest Ct
Cambridge Ct
Avon Ct
Jansen Ct
Lynde Ct
Pinestone Ct
Co
Hickory St N
Kenneth Hobbs Ave
Brock St N
Taunton Rd E
Rossland Rd E
Dryden Blvd
Bonacord Ave
win Streams Rd
cord Ave
Taunton Rd W
Cochrane St
Garden St
Rossland Rd W
Ta
Map 5
Map 7
Map 9
By-Law 2585
Map 8
Map 3
Map 4
Map 10
R1A
G
R2C*
R2B*
R2B*
MD
R3B*
R3B*
R2B*
R2B*
G
I
I*
G
R2B
R3B
R2A*
R2C*
R4B*
R2C*
R2B
R2C
R2B*
A
I
OS
G
R2A
R2A
R1A
GB-CW
G
CMU*-2
R2A
R4B
R2B
R3A-1
R1
I/R2A
R4B*
R4B*
OS
R1A*
R2A*
OS
CMU*-1
CMU*-6
TRN-W-1
OS
CMU*-5
R1A
C1-R
I/R2A
CMU*-9
R3A
GB
R2C
R1A
R2A
OS
R2A
R2C*
R2C*
OS
R2C
R2B*
R4A
OS
R2C
R2C
R3A
R2B*
R2C
I/R2A
A
R2C*
R2B
I
R3B*
R3A
R2A*
R3B*
R3A*
C1
R1A*
R3C*-1
R3A*
R2B*
R2A*
R4B*-12
R2B*
R2B
OS
R4B*-1
R1A*
R3B*
R3C*
R2A
R2B
D(NR)
R4A*
R2C*
R2B
R3B*
R4B*
R2
R2B*
R4B*
OS
R5A-4
R2C*
I*/R2B*
R3B
I/R2B
R2B
R2C
R3B*
C1
R2B
R3B
OS
R2C*/R4A*
R2B
R3B*
I/R2A
R2
R2C
R2B
R3A
R3B*
R4B*
R2C
R3B*
R2A
R2B
R2B
R2C
R2B*
R4B*
R1A*
R2C*
R2A
I*
R2C*
OS
D
R2B*
R2A*
R2C*
OS
OS
R2B*
R2A*
R2A
R2C*
R2C
R2C*
R2B
A-12
R2B*
R
R4B*
R2C*
R2B*
R1A
R5A
R1
R3B*
R2B*
R1A
I*
R2B
R3C*
R3A
R3B*
G
R2
R4B
I*
OS
R3A*
OS
I*/R4B*
R2C*
R2D*
R2A
R3B*
R4B*
R1
R3A*
R5A-3
R1A
R2C*
R2A
R2B*
R4B*
R5A
R3C*
R3B*
R2A*
CAC
R2C*
R3C*
R4A*-2
R3A
R3A
R4B
OS
R5A
R2C*
R2A*
R4B
R2B
I
I
R4B*-4
RMU
OS
R3A
R2
OS
R1A*
R2A
R3B
R2
R3A*
R2A
CMU*-14
R2C*
R3B
R4B*-3
R2C
R2B*-2
R4B
G
I*
C1
R2A*-1
R4B-1
R2C
R3B
R2C*
CRO
R1A*
R3B
OS
R3B
A
R3B
G
OS
R1A*-3
G
R5A-6
R2
R2
R2B*
R3C*
OS
R4B
R2D
R2B
R2C*
R2A*
R2B*
R4B
R2
R2-1
R2B
G
R2A*-10
I*
R3B*
R1
G-8
R3A*
R2
R4A*-3
R4A*-4
R4B*-9
R5A*-7
D(R)-3
OS
M1
R5A*-9
MD
R
R2
R2C*
R2C*-8
A
R4B*-14
R2B
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #6
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Fallingbrook St
Waller St
Darren Ave
Pringle Dr
Hazelwood Dr
Meadow Rd
Eric Clarke Dr
Kilbride Dr
Deverell St
Fencerow Dr
Dr
Dr
Glen Dhu Dr
Lofthouse Dr
Lacey Dr
Tom Edwards Dr
Rolling Acres Dr
Lady May Dr
Harold St
William Stephenson Dr
Bridlewood Blvd
Rice Dr
Brownell St
Canadian Oaks Dr
McIvor St
Elizabeth Cres N
Tamarisk St
Bakerville St
Evergreen Dr
Orvis St
Dymond Dr
Harkness Dr
Winterberry Dr
Gadsby Dr
Hialeah Cres
Catherine Dr
Weldon St
Forest Rd
Erickson Dr
Carroll St
Bedell Cres
Neill Ave
Shore Ave
Parkview Blvd
Maplewood Dr
Winter Ct
Clovelly Dr
Furrow Dr
Intrepid Dr
Divine Dr
Ringwood Dr
Meadow Cres
n Dr
Willow Park Dr
William Davidson St
Overlord St
Perkinsfield St
Inglenook Ct
Summerside Ave
Daines Dr
Woodward Dr
Flint Cres
Henderson Dr
Braebrook Dr
Stratton Cres
Stargell Dr
Sandford Cres
Pogson Dr
Westwood Rd
Hartrick Pl
Jamieson Cres
Ravenview Dr
Cathedral Dr
Bettina Pl
Pitfield Ave
Jeanne Ct
Bach Ave
Donald Wilson St
Marta Rd
Fifewood Cres
Stafford Cres
Hawley Cres
Griffen Pl
Kenyon Ct
Cottage Cres
Emmett Pl
Carlinds Dr
Citation Cres
Ingleborough Dr
Farnwood St
Bentonwood Cres
Grath Cres
Inglewood Pl
Sable Cres
Bonello Cres
Fieldnest Cres
Iona Ct
Ennisclare Pl
Eldridge Pl
Chipperfield Cres
Lumsden Cres
Inverary Ct
Sebastian St
n Cres
MacCarl Cres
Gladiola Ct
Drewbrook Ct
Kenny Ct
Scepter Pl
Puttingedge Dr
Chatsworth Cres
Worfolk Pl
Barnabas St
Belmont Ct
Wigston Ct
Treen Cres
Butterfield Cres
Arlston Ct
Nijinsky Ct
Graymar Ave
Castle Green Dr
Ian Fleming Cres
Dehart Dr
Croft Ct
Hartford Ct
Berkshire Ct
Goodwood Dr
Watersdown Cres
Glenayr Gate
Cynthia Ct
es Cres
Foster Cres
Creekwood Cres
Falstaff Cres
Amy Ct
Serene Ct
Corner Stone Cres
Odessa Cres
Fernway Cres
Charterhouse Dr
O'Malley Cres
Headlands Cres
Hoyt Ct
Joyce Cox Gate
Gabrielle Cres
Eaton Ct
Chieftain St
Doulton Gate
Steele Valley Ct
Gagnon Gate
Morning Glory Cres
Dreamcrest Ct
Toms Ct
Hawkins Ct
Giles Ct
Viceregal Ct
Braebrook Dr
Anderson St
Manning Rd
Dryden Blvd
Taunton Rd E
Thickson Rd N
Garrard Rd
Rossland Rd E
Map 6
Map 4
Map 10
Map 9
By-Law
2585
R2A
G
R2A*
R4B
R2B
R2B
R2B
R2A
R2A
R2A
G
R2B
A
I
OS
G
R2A
G
CMU*-16
CMU*-18
R5A*-13
H-C1
R2A
OS
R2A*
R2B*
R2B*
G
R4B*
G
R4A*
G
R2A
A
R3B*
R5A-7
I/R2A
R2B*
R3B*
G
A
R2A
R2
R2B
R4A
R2A
R2A
R5A
I/R2A
R2A*
A
GB-CW
R2B*
R2A
OS
R2C*
R1
A
OS
R4B*-2
R2B*
R2B*
R4B
R2B*
R2A*
R4B
R2C
R2B
R2B
R2B
R5A
I/R2A
R2C*
R2C*
R3A
R2C
R2C*
R3A*
OS
R2C*
R2B
R1A
I/OS
I/R2A
R3B
G
R3C*
OS
R4A
OS
R2A
C1
R2C*
OS
R2B*
R2B
OS
R3B
R4B
R3A*
R2B*
G
R2C*
R4B*
R2A
1A
R2B
C1
R2C*
R4A
R2C*
R3B*
R3A*
A
CMU*-4
OS
R2A
R4B*
R2C*
R2B*
R2A*
R2
I*
R2A
A
R2B*
R2B*
R2B
R2A*
I
R2A
R3B*
OS
I/R2B
R2A
R2A*
R2B
R2B
R2B*
R2A
R2B
R3A
R3C*
G
I*
C1
R2
R2C*
R2B
R2C*/R3B*
R2A
I*
R2
R2A
R2B
R3A
R2A
R2A
R2B
R2B
R2B
G
R2A
OS
G
R2A
R2B
R2A
R3B
I*
R2
R3B
OS
R2A
R2A
R2A
OS
R2A
R4B*
GB-CW
R2A*
R1
R2
R2A*
R2B
AS
R2A
R3
R2A*
R3
OS
R2A/R3B
R2A
R3B
R2
OS
G
R2A
R2A
R2A
R2
OS
I
R3
R2A
U*-14
R2A/R3B
R3B
OS
OS
OS
R3
C1
OS
R3B
R3
R3B
R2A
R2B*
R2C*-1
R3B*
OS
R2C*-2
R2C*
A
R2B*
R3A*
R2B*-8
G
R2B*
R4A*/
R4B*
G
R2E*
R3B*
R2B*
G
R2A*-8
R2A
R2A*
C1
I*/R2B*
R3
A
G
R3-1
G
R2B
R2A*
R2C*-6
R2E*-1
R2B*
R2A*-12
R2B*-13
G
R3B*-3
R4B*-11
R1A*
R2C*-9
G
R4A*-5
R2C*-9
OS
R5A*-11
R4B*-13
R5A*-12
H-C2-S-5
R2A*
R2A*
R2A*
R4A*-11
R3
R3C*-2
R2A*
R2E*-2
OS
R5A*-16
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
Zoning Revised: September 2025
September 2025
±
0
200
400
Metres
1:15,000
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #7
Halls Rd N
Coronation Rd
Ward St
Peleshok Dr
Philips Rd
Park Rd
Stevens Rd
Shepherd Rd
Rich Cres
m Ct
n St
Country Lane
Taunton Rd W
Lyndebrook Rd
Highway 412
Lake Ridge Rd N
Halls Rd N
Map 9
Map 5
Map 11
Map 6
Map 12
MD
R3C*
A
A
G
A
A
A
A
R3-1
OS
G
G
TRN
G
R3B*
R2C*
R2A*
R4B*
R1A
G
R2C*
R2B*
R2A*
G
R3
G
HD
LD
MD
IWW/LD
G
IWW/OS
OS
LD
MX2
MX2
G
OS
HD
H-MX2S
HD
MD
G
G
IWW/LD
G
LD
LD
A
MD
A
OS
IWW/LD
G
A-14
LD
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #8
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Sonley Dr
Promenade Dr
McKinney Dr
Norista St
Robert Attersley Dr E
Tormina Blvd
Spencers Rd
Robmar St
Canary St
Broadleaf Ave
Bugelli Dr
Seven Oaks St
Burwell St
Florence Dr
od St
Ellerby Ct
Pl
Branstone Dr
Robert Attersley Dr W
Harrongate Pl
Donlevy Cres
Pl
Mantz Cres
urne Pl
Lacroix Ct
Tracey Ct
Sleepy Hollow Pl
Lurosa Cres
Gosselin Ct
Annavita Ct
Pine Gate Pl
Archstone St
Jennifer Ct
Debosky Ct
Folkstone Gate
Cochrane St
Archstone St
Garden St
Baldwin St S
Taunton Rd E
Garden St
Taunton Rd W
Ta
Map 8
Map 10
Map 6
Map 12
Map 5
Map 11
Map 7
Map 13
MD
A
A
D(R)-2
H-GB-CW
OS
G
R2B*
R2A*
R1A*
R2B*-WS
D(NR)
R3A*
D(NR)
OS
OS
C2-S
R3A*
R2B*-4
R3A*/R3B*/
R3C*/R4B*
R4B*
G
CAC-BT
R3A*
R2C*
R2B*
R1A*
I
R2C*-WS
GB-CW
G
R2B*
R2B*
R2A*
H-MX2S
CMU*-2
CMU*-11
R2C*
C2-S-4
R2C*
R4B*-7
R2C*
CMU*-8
OS
R3A*
R4B*-6
CMU*-1
CMU*-6
TRN-W-1
C2-S-2
OS
R2C*
CMU*-5
R2C*
I*/R2B*
R2C*
R2B*-WS
C1-R
I/R2A
CMU*-9
GB
R4B*-5
R2C*
OS
D(NR)
R3A
R2A*
R1A*
R4B*-12
R1A*
R2B
R3A*-WS
R2C*-WS
H-R2C*-WS
R4B*-6
R4B*-8
G-5
OS-2
TRN-1
G
H-R2B*-5
R2B*-5
R2C*-4
I*
CAC-GT-2
OS
CAC-GT-1
R5A*-10
R2D*-WS-1
R4B*
G/H-I*
G
I*/R2C*-WS-1
R2C*-WS-1
H-A
D(R)-2
OS
G
R2B*-11
I*-2
R5A*-9
LD
MD
IWW/LD
G
IWW/OS
OS
R2B*-14
R2C*-7
H-TRN-W
A
OS
CAC-GT-1-1
G
R4A*-10
CMU*-15
C2-S-10
OS
M1A-10
M1A/HP
M1A-AC-3
GB-CW
M1A-9
OS
M2
M1-4
M1A/HP/GB-GW
D(R)
G
R4A*-13
R2C*-WS-2
A
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #9
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Lazio St
Promenade Dr
Solmar Ave
St
Birchpark Dr
Samandria Ave
Glengowan St
Toscana Dr
Summerside Ave
Coach Cres
Fawcett Ave
Gateway Ct
Griffen Pl
Cres
mett Pl
Rivers Edge Pl
Bonello Cres
Sebastian St
Mantz Cres
Fantail Ct
Blossomview Ct
Stockton Ct
Pebblebrook Cres
Beachgrove Cres
Juneau Cres
Stillwater Ct
Amy Ct
Debosky Ct
Maidstone Way
Thickson Rd N
Conlin Rd
Taunton Rd E
Anderson St
Garrard Rd
Map 9
Map 7
Map 13
Map 6
Map 12
A
A
A
A
A
A
C2-S-5
CMU*-7
G
MX3-B
MD-B-1
MD-B
NHS-B
NHS-B
GE-B-1
OS
R2C*/R3B*
R2C*
M1
M1A
H-M1A
M-AC
G
G-3
R2B*
R2B*
R2C*
R2A*
R3C*
OS
G
R2D*-1
I*/R2B*
OS
CMU*-16
R4A*
CMU*-18
R5A*-13
R2C*
H-C1
OS
H-M1
H-G-2
G
G-1
G
R3B*
R2B*
R3A*
OS
OS
OS
R2B*
G
R4B*
I
G
R4A*
R5A-7
R2B*
R2C*
R4B*
R2C*
R3C*
G
R2B*
GB-CW
OS
R1
A
OS
R4B*-2
R4B*
R2A
OS
R3A*
R2D*-1
R4B*
R2B*
CMU*-4
R2B*
C2-S-5
G
OS
R4A*/
R4B*
G
R2E*
G
R2B*-5
G
G
G
OS
I*
CAC-TT
GB-CW
R2D*-WS-1
G
R4A*-6
R2B*
R2B*-9
R2A*-9
R1A*-2
CAC-GT-2
S
R2D*-WS-1
R4B*
G/H-I*
G
C2-S-6
I*/R2C*-WS-1
G
R2B*-12
R2C*-WS-1
R2E*-1
M2-1
R5A*-12
M1A-5
G
M1A-7
H-C2-S-5
M1-2
M1-3
G
G
3
OS
AE
MD-B
NHS-B
I-B/LD-B
LD-B
MD-B
OS
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
Zoning Revised: September 2025
September 2025
±
0
200
400
Metres
1:15,000
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #10
Country Lane
Winchester Rd W
Halls Rd N
Coronation Rd
Highway 412
Highway 412
Highway 407
Columbus Rd W
Lake Ridge Rd N
W
Halls Rd N
Halls Rd N
Coronation Rd
Country Lane
Map 8
Map 14
Map 9
Map 12
Map 15
A-6
A
A
A
A
G-9
A-16
G-9
AE
A-6
A-16
A-16
G-9
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
Zoning Revised: September 2025
September 2025
±
0
200
400
Metres
1:15,000
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #11
Cochrane St
Way St
Vipond Rd
Cassels
Holsted Rd
Joshua Blvd
Montgomery Ave
Bagot St
North St
Darius Harns Dr
Hatch St
Kimberly Dr
Heber Down Cres
Ferguson Ave
Camber Ct
Bayern Dr
Torian Ave
Denbury Ct
Amanda Ave
Garside Ave
Cody Ave
George S
Sabrina St
Melody Dr
Tempo Way
Montana Cres
Jordan Ct
Chelmsford Dr
Vanguard Dr
Ja
Tunney Pl
Midhurst Dr
Sinden Dr
Charest Pl
Ault Cres
Leithridge Cres
Corianne Ave
Bloomsbury St
Bellhouse Pl
Bianca Dr
Solford Dr
Brookvalley Ave
Teardrop Cres
Roybrook Ave
Centre St W
Strandmore Cir
Church St
Rainbow Cres
Stanwood Cres
Northcastle Cres
Melina Lane
Kinsmen Ct
Eastgate Cir
Gerry Ravary Pl
Woodington Ct
Way St
Cha
Ashburn Rd
Colu
Carnwith Dr W
Montgomery Ave
Highway 407
Winchester Rd W
Columbus Rd W
Baldwin St S
Cochrane St
Colston Ave
Map 11
Map 13
Map 9
Map 15
Map 8
Map 14
Map 16
Map 10
A
A
G-9
A
M1A-10
OS
R2C*
R2B*
R2B*
R2B*
R2A*-WS/
R2B*-WS/
R2C*-WS
R2C*-WS/
R3A*-WS
R2A*-WS/
R2B*-WS/
R2C*-WS
I-BP
R2-BP
R2A*-WS/
R2B*-WS/
R2A*
R1A*
R2-BP-1
R2B*-7
R2B*-6
C1-VB
C1-VB-7
C1-VB
H-MUR-VB-6
A
A
6
G-9
R2-BP
R2A*-WS
R4B*
MUR-VB-8
R2A*
R3-BP
C1-VB-8
OS
R2C*
R1-VB
D(R)
R2A*
R2B*
R2C*
R2A*-WS/
R2B*-WS
R2C*-WS/
R3A*-WS
R2A*
R2C*
R2C*-WS/
R3A*-WS
R3B*
R3-BP
MUR-VB
C1-VB
OS
R1-VB-1
G
R2B*
I*
R2B*
I-VB
R2A*
R3
R2B*
R2A*-WS-1/
R2B*-WS-1
C2-S-B
I
R1A*
R3B*
R2-BP
R2C*
OS
R2B*
R1A*
R2B*
R2A*-WS/
R2B*-WS/
R2C*-WS
R2A*-WS/
R2B*-WS
R2A*
D(R)
H-R1-VB
OS-VB
R1-VB
R1-VB-3
GB-CW
CE
R2C*
R4B*
R2-VB-5
H-MUR-VB-2/
H-MUR-VB-5
R2B*
H-R2-VB
O
R2B-1*
H-MUR-VB-3/H-MUR-VB-5
R1-VB-2
D(R)
R1-VB
R2A*
C1-VB-4
C2
G
G/R4A*
M1A
D(R)
R1-BP
R4B*
OS
R2C*
R2A*
R3B*
R2B*
C
R2A*
H-C1-VB-5
I-VB
R3B*
R2C*
R2B*
R2A*
I-VB
R2C*
R3B*
R2C*
R2-VB
H-R2-VB-2
H-MUR-VB
R2C*
R3B*
R2-B
R1-VB
I-BP
R1-BP
H-R2-VB-4
G-1
H-R2-VB-4
D(NR)
R4A*-12
C1-VB-2
R4A*
D(R)
R2A*-WS/
R2B*-WS/
R2C*-WS
R4B*-8
OS
R2A*-6
R2C*-WS/
R3A*-WS
R2A*-WS/
R2B*-WS
R2-VB
R2A*-WS/
R2B*-WS/
R2C*-WS
I*/R2B*
R2C*
R2B*
R2-VB
R1A*
R1A*
R1A*
R2A*/R2B*/R2C*
R5A*-5
G-7
R2A*
H-R2-VB-1
MUR-VB-5
R1A*-1
R2A*
R2A*-11
R2A*
G
R
R2-BP
R2B*-WS-2
MUR-VB-7
MUR-VB-9
R5A*-14
R3B*
R2C*
R2C*
R3B*
M1A-8
CMU*-12
OS
M1A-10
M1A-AC-3
GB-CW
M1A-9
OS
M1A-11
H-M1A
OS
OS
OS
R4B*-16
I-B
LD
OS
MD
LD-B-1
MX3-B-1
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
Zoning Revised: September 2025
September 2025
±
0
200
400
Metres
1:15,000
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #12
Watford St
Queen St
Wilshire Dr
Cassels Rd E
Blackfriar Ave
Downey Dr
Bagot St
Croxall Blvd
Wycombe St
North St
Nathan Ave
Kinross Ave
Selkirk Dr
Carson Ave
Duggan Ave
Tremount St
Dodge Dr
St Thomas St
Duke St
Camber Ct
Corvinelli Dr
George St
Simcoe St
Vallance Way
Tempo Way
Chiswick Ave
Sawyer Ave
Covington Dr
Iberville Rd
Waring Ave
Penhurst Dr
Albert St
Olympia Way
Corridale Ave
McBeth Pl
Agar St
Elder Cres
Zachary Pl
James St
Clair Ave
Knox Cres
Rockland Cres
Helston Cres
Wells Cres
Pauline Ave
Fitzpatrick Ct
Leithridge Cres
Dopp Cres
Wessex Dr
Shrewsbury Dr
Apsley Cres
Hesham Dr
Corsham Dr
Hanson Cres
Underwood Dr
Bexley Cres
Mildenhall Pl
Beaumaris Cres
Centre St E
Centre St W
Sturgess Cres
Aster Cres
Princeton Ct
Blanchard Ct
Arnold Cres
Jarrow Cres
Church St
Napier Ct
Matthewson Pl
Kenilworth Cres
Thorndyke Cres
Rosemarie Cres
Settler's Ct
Hawstead Cres
Lonetto St
Tavistock Ave
Nightingale Cres
Northgrove Cres
en Ct
Northland Ave
Briggs Cres
Barchester Cres
Derby Ct
Burning Springs Pl
Woodington Ct
Hadleigh Way
y St
Charles St
St Thomas St
Garrard Rd
Columbus Rd W
Winchester Rd E
Cachet Blvd
Columbus Rd E
Carnwith Dr E
Highway 407
Thickson Rd N
Garrard Rd
Anderson St
Colston Ave
Map 12
Map 16
Map 10
Map 9
Map 15
A
C1-VB-7
C1-VB
A
A
A
NHS-B
R2A*
R2C*
A
R3B*
R2A*
NHS-B
NHS-B
GE-B-1
GE-B-1
C2-S-9
SPC-B
SPC-B
MD-B
MD-B
NHS-B
OS
R3B*
R2B*
R2A*
C2-S-BP
I*
R2C*
R2C*
S
R2B*
I-BP/R2A*
UR-VB-8
R3-BP
R3D*-2
R4B*-15
OS
R2C*
R2D*
R2B*
R4A*
R2B*
C2-S-BP
M1A-6
R1-VB
D(R)
R2A*-B
R3B*
R4A*-9
R3B*
R2A*
R5A*-4
OS
R1A*
R2C*
R3A*
R2B*
R4A*
R2A*
R3A*
R2A*
R3A*
R2B*
R2B*
R2A*-A
R3A*
R3B*
R2B*
OS/R2A*
D(NR)
MUR-VB
C1-VB
MU
R1-VB-1
R3B*
R1A*
R2B*
R3A*
I-VB
R2A*
R3D*-2/I*
I-BP
R2B*
R2B*
*-WS-1/
*-WS-1
I*
C2-S-BP
R3B*
R2B*
R4B*
R3B*
R2C*
R2A*
R2A*
OS-1
R2C*
R1A*
R2B*
R2C*
R2C*
R2C*
R2-BP
R2-BP
I-BP
R4B*
R2C*
R3A*
R2B*
R2A*-A
R2B*
R1A*
R2C*
R2C*
OS
G
R3B*
I
R1A*
R)
R3B*
H-R1-VB
R4A*-1
R2A*
I*-1
R2A*
R2A*
R2C*
C1
R3B*
R4C*
R4B*
R2B*
H-M1A
R3B*
R2A*
C2-S
R1-VB-3
R2C*
I*
R3B*-1
R2B*-A
R5A*-1
R2C*
I-BP
R3B*
R2B*
R2-VB-5
M1A/I*
R4B*
R3A*
A1
OS
R3A*
R2C*
AE
R2B-1*
R4B*
1-VB-2
D(R)
R1-VB
R)
OS
R2B*
R1-BP
R3B*
R2C*
R2A*
I*
R3B*
R2B*
C2-S-BP
D(NR)
VB-5
GB/CW
GB
R2B*
R4A/B
I-VB
R3A*
H-R2-VB-2
H-MUR-VB
R2A*
R3B*
R2C*
R4B*
R4B*
G
R2-BP
R2B*
R1-VB
R5A*-2
R2A*-5
G-1
H-R2-VB-4
R2A*/R2B*
R2A*-4
C2-S-9
I*
*-12
4A*
R2A*-6
OS/R2A*
D(NR)
G
C2-S
I*/R2B*
OS
G
G
G
R4A*-1
R2B*
R2B*
R2B*-4
R2B*
B
R2B*-4
R2A*-2
R1A*
1A*
R2A*/R2B*/R2C*
R3-BP-1
G-7
R2A*
R3B*
R2B*
H-R2-VB-1
R1A*-1
R2-BP
OS
R3-BP
R4B*
R2C*
OS
I-BP/R2B*
R2-BP
A
GB-3
R4B*-10
H-C2-S
MUR-VB-9
C2-S
SPC-B
R2B*
R5A*-14
R2B*
H-R2A*
R2C*
R2-BP
R2B*-15
3
OS
S
LD
OS
MX
MD
OS
MX1-B
OS
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
Zoning Revised: September 2025
September 2025
±
0
200
400
Metres
1:15,000
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #13
Columbus Rd W
Brawley Rd W
Lake Ridge Rd N
Country Lane
Map 15
Map 17
Map 11
Map 18
Map 12
A
A
A-6
A
A
A
RE
G
RE
G
G
RE
A-6
RE
G
A
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #14
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Cedarbrook Trail
Calistoga Dr
Petaluma Ct
Monterey Ct
s
Brawley Rd W
Colu
Columbus Rd W
Cochrane St
Ashburn Rd
Map 14
Map 16
Map 18
Map 12
Map 17
Map 11
Map 19
Map 13
A
RE
A
A
A
A
A
R1A*
G
G
RE
G
RE
G
R2-BP
R2B*-WS-2
A-11
L
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #15
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Duffs Rd
Garrard Rd
Hamers Rd
St
Dopp Cres
Apsley Cres
Thickson Rd N
ngs Pl
Baldwin St N
Columbus Rd W
Columbus Rd E
Brawley Rd E
Map 15
Map 13
Map 19
Map 12
Map 18
A
A
NHS-B
A
NHS-B
MD-B
MD-B
LD-B
OS
C2-S-9
SPC-B
SPC-B
NHS-B
MD-B
MD-B
NHS-B
OS
LD-B
OS
LD-B
OS
I-B/
LD-B
R3B*
G
C2
C2-S
AE
R4B*
C2-S-9
G
C2-S
GB-3
SPC-B
LD-B
MD-B
LD-B
OS
MX1-B
NHS-B
LD-B
OS
MD-B
OS
MD-B
I-B
NHS-B
MD-B
LD-B
NHS-B
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
Zoning Revised: September 2025
September 2025
±
0
200
400
Metres
1:15,000
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #16
Canadian Pacific Railway
Townline Rd W
Dagmar Rd
Grouse Ct
Lake Ridge Rd N
Myrtle Rd W
Dagmar Rd
Myrtle Rd W
Map 18
Map 14
Map 15
A
A
A
A
A
A
A
G
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #17
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Canadian Pacific Railway
Heron Rd
Wilson House Dr
Jeranna Ct
Richard Butler Dr
Glenlaura Cres
Myrtle Rd W
Townline Rd W
Heron Rd
Ashburn Rd
Ashburn Rd
Map 17
Map 19
Map 15
Map 14
Map 16
A
A
A
A
A
G
R2
Date: September 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #18
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.
Canadian Pacific Railway
Mud Lake Rd
Townline Rd E
Station Rd
Front St
Garrard Rd
Garrard Rd
Myrtle Rd E
Townline Rd W
Baldwin St N
Duffs Rd
Myrtle Rd W
Duffs Rd
Map 18
Map 16
Map 15
A
A
A
G
A
R3
G
A
Date: september 2025
NAD83 UTM Zone 17N
Digital cartography by The Corporation of the
Town of Whitby, Planning Department, December 2020.
Copyright 2020 Town of Whitby. All rights reserved.
May not be reproduced without permission.
Parcel Fabric: © Teranet Enterprises Inc. and its suppliers.
All rights reserved. Not a Plan of Survey.
575 Rossland Road East, Whitby, Ontario
Canada L1N 2M8
Phone 905-430-4306 Fax 905-668-7812
www.whitby.ca
September 2025
±
0
200
400
Metres
1:15,000
Legend
Key Map Index
Zoning
G
Parcel Fabric
Railway
Unopened Road Allowance
By-Law 2585
*Refer to Schedule A for Key Maps
Schedule B
Zoning By-Law 1784
Key Map #19
Zoning Revised: September 2025
These maps are prepared for the purposes of convenience
only. For accurate reference, the original by-law and individual
amendments should be consulted.