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BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
1
CITY OF BEACONSFIELD
BY-LAW 720
ZONING BY-LAW
CONSOLIDATED
Warning: This consolidated version of the
by-law was prepared for convenience of
the reader and has no official value. No
warranty is given as to the accuracy of the
text. For all legal purposes, the reader
should consult the official version of the
by-law and each of its amendments.
(720-84 - Sheet 9/22 and Zoning plan) 2010-03-22
(720-85 - Sheet 8/22) 2010-03-22
(720-86 - Sheet 18/22) 2010-07-12
(720-87 - Sheet 2/22) 2010-08-23
(720-88) Unadopted
(720-89) 2011-02-21
(720-90) 2011-03-21
(720-91) Unadopted
(720-92) 2011-07-11
(720-93) Unadopted
(720-94 - All sheets and Zoning plan) 2012-11-19
(720-95 - Sheet H203, H207, C209, H212, H219,
H225 and H232) 2013-05-13
(720-96) 2013-07-08
(720-97) 2013-09-23
(720-98) (Zoning plan - P357) 2013-11-18
(720-99) Unadopted
(720-100) 2014-07-14
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
2
Continued on the next page
(720-101) 2014-10-20
(720-102) 2014-11-17
(720-103) 2015-01-26
(720-104) 2015-04-27
(720-105) Unadopted
(720-106) 2015-06-15
(720-107) 2016-02-22
(720-108) 2016-11-21
(720-109) 2016-11-21
(720-110) Unadopted
(720-110-1) 2016-11-21
(720-110-2) 2016-11-21
(720-110-3) 2016-11-21
(720-111) 2016-11-21
(720-112) 2017-04-24
(720-113) 2017-07-10
(720-114) 2019-04-23
(720-115) 2019-12-16
(720-116) 2020-01-27
(720-117) 2020-06-22
(720-118) 2021-03-22
(720-119) 2021-05-17
(720-120) 2022-05-24
(720-121) replaced by 720-121-1 and 720-121-2
(720-121-1) 2023-01-23
(720-121-2) 2023-03-27
(720-122) replaced by 720-122-1 and 720-122-2
(720-122-1) 2023-01-23
(720-122-2) 2023-03-27
(720-123) 2022-09-26
(720-124) 2022-11-21
(720-125) 2023-04-24
(720-126) 2023-06-19
(720-127-1 to 720-127-45) 2023-05-23
(720-128) 2023-05-23
(720-129) 2025-02-24
(720-130) 2025-09-22
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
3
CHAPTER 1
DECLARATORY PROVISIONS
1.1
NAME OF THE BY-LAW
This by-law shall be referred to as the "Zoning by-law" of la Ville de Beaconsfield.
1.2
BY-LAW APPLICABILITY
Compliances with the provisions of this by-law are incumbent on both physical and
legal persons.
(By-law 720-83, sec. 1)
1.3
SCOPE OF APPLICATION
The following elements shall meet the provisions of this by-law:
a) Any landsite, or portion thereof;
b) Any building, or portion thereof, to be erected or used;
c)
Any structure or portion thereof, to be erected or used.
(By-law 720-83, sec. 2)
1.4
VALIDITY
The Council enacts this by-law in its entirely, as well as chapter by chapter, section
by section, paragraph by paragraph, and subparagraph by subparagraph so that
the repeal or the declaration of nullity of any chapter, section, paragraph, or
subparagraph, or part thereof, shall not affect the validity of other chapters,
sections, paragraphs or subparagraphs of this by-law.
(By-law 720-83, sec. 3)
1.5
ATTACHED DOCUMENTS
The following documents form an integral part of this by-law:
a) The specification schedules, including its amendments, as Annex A;
b) The zoning plan, including its amendments, as Annex B;
c)
The bio-retention system, as Annex C;
(By-law 720-83, sec. 4, by-law 720-94-1 sec. 1)
1.6
CONFORMITY TO ALL APPLICABLE BY-LAWS
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
4
The issuance of a permit or a certificate, approved plans and specifications and
inspections carried out by the officer in charge shall not release the owner or the
applicant from the obligation to execute, or have the work executed, in conformity
with the requirements of this by-law or with all other applicable by-laws.
(By-law 720-83, sec. 5)
1.7
PRECEDENCE OVER OTHER BY-LAWS
The provisions of this by-law shall take precedence over:
a) Any similar provisions contained in any other by-laws regarding zoning; and
b) Any provisions of any other by-laws, which are inconsistent with the
provisions of the by-law.
1.8
REPEAL OF CERTAIN BY-LAWS
By-laws no. 159, 166, 201, 212, 215, 241, 250, 255, 260, 279, 287, 288, 290, 302,
306, 324, 325, 326, 333, 343, 348, 353, 354, 380, 440, 444, 449, 488, 507, 550,
561, 565, 569, 582, 590, 599, 600, 601, 608, 630, 632, 641, 671, 680, 680-1, 688,
701, 704, 705, 715 and 718 are hereby repealed.
(By-law 720-94-1, sec. 2)
1.9
COMING INTO FORCE (Repealed by-law 720-94-1, sec. 3)
1.10
INTERPRETATIVE PROVISIONS
The present rules of interpretation apply to this by-law:
a) Regardless of the verb tense used in this by-law, every provision is held to be
in force during every time period and in all circumstances;
b) The singular shall extend to several people or things of the same nature, each
time that the context allows for this extension;
c)
The masculine form includes the feminine, unless the context indicates
otherwise;
d) Between the French version and the English version, the French version
prevails;
e) The use of the verbal auxiliary "shall" indicates an absolute obligation, while
the verbal auxiliary "may" indicates a choice;
f)
The authorization to do something includes all the powers necessary to this
end.
(By-law 720-83, sec. 6)
1.11
PLANS, TABLES, GRAPHS, SYMBOLS, ANNEXES, SPECIFICATION
SCHEDULES AND ALL OTHER MEANS OF EXPRESSION
Beside the text itself, plans, tables, graphs, symbols, annexes, Specification
schedules and all other means of expression included in this by-law shall form an
integral part thereof.
(By-law 720-83, sec. 6, by-law 720-94-1 sec. 4)Interpretation in case of a conflict
In case of a conflict between provisions in this by-law, unless otherwise provided,
the following rules apply:
a) Between the text and a title, the text prevails;
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
5
b) Between the text and the Specification schedules, the Specification
schedules prevails;
c) Between the text and any other means of expression, except the
Specification schedules, the text prevails;
d) Between a table and a graph, the table prevails;
e) Between the Specification schedules and the Zoning Plan, the Specification
schedules prevails;
(By-law 720-83, sec. 6)
1.13
INTERPRETATION OF GENERAL AND SPECIFIC PROVISIONS
In case of a conflict between provisions in this by-law, or between this by-law and
another by-law, the specific provision shall prevail over the general provision.
When a restriction or a prohibition prescribed by this by-law or any one of its
provisions conflicts with, or is inconsistent with, any other by-law or another
provision of this by-law, unless otherwise stated, the more restrictive or prohibitive
provision shall apply.
(By-law 720-83, sec. 6)
1.14
UNIT OF MEASURE
All dimensions specified in this by-law shall refer to the International System of
Units (SI).
(By-law 720-83, sec. 6)
1.15
TERMINOLOGY
For the purpose of interpreting this by-law, unless the context indicates
otherwise, any word or expression has the meaning and the significance
attributed to it in the Terminology Index, attached to the current by-law as
Chapter 11. If a word or a term is not specifically indicated in this index, it is used
in its commonly attributed meaning.
(By-law 720-83, sec. 6, by-law 720-94-1, sec. 5)
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
6
CHAPTER 2 (TITLE REPEALED)
(By-law 720-83, sec. 7)
2.1
ADMINISTRATIVE RESPONSIBILITY
The responsibility for the administration and application of this by-law is
incumbent to the Director of the Urban Planning and Municipal Patrol Department
of the City of Beaconsfield, under the title of officer in charge.
Any employee of the Urban Planning and Municipal Patrol Department and of the
Public Works Department of the City of Beaconsfield, any employee of the City of
Montreal Service de Sécurité Incendie (Fire Security Department) and of the
Police Service is considered as an assistant to the Director of the Urban Planning
and Municipal Patrol Department of the City of Beaconsfield.
The Council may, by resolution, appoint other natural or legal persons, in addition
to those mentioned in the present section, for the application of the current by-
law.
(By-law 720-83, sec. 7 to sec. 10)
2.2
FUNCTIONS AND POWERS OF THE OFFICER IN CHARGE
The officer in charge and his assistants may exercise all powers conferred upon
them under this by-law, such as:
a) Issue the permits and certificates provided for in this by-law;
b) Visit and examine, at any reasonable hour and presenting an identity card,
any immovable property, including the interior and exterior of the buildings or
structures, to ascertain if this by-law is complied with or to require the owner
to provide assistance with the inspection of the property, building or
structure;
c) Issue to the owner, tenant, occupant or any other person in charge, a notice
requiring the correction of a dangerous situation or any situation
contravening this by-law;
d) Recommend to Council any measure necessary to put an end to any
situation in breach of this by-law;
e) Order that tests be carried out on the materials, devices or mechanisms,
methods of construction, functional or structural elements of the construction,
or on the condition of the foundations, where proof of their compliance with
the specifications of this by-law, as well as the Permits and Certificates by-
law and Construction by-law is required;
f)
Order that the work be stopped when test results demonstrate that the
specifications of this by-law or any other by-law are contravened;
g) Order the execution of any repair work that seems appropriate for the safety
of the structure and recommend to Council all emergency measures;
h) Order the temporary evacuation of any building that could put any person's
life in danger;
i)
Order that a fence be erected on any land representing a danger for the
public;
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
7
j)
Order the closing of any thoroughfare, or part of a thoroughfare, for as long
as the danger persists;
k) Order the owner, tenant, occupant or any other person in charge to suspend
any dangerous work or the exercise of a usage that is in breach of this by-
law;
l)
Require that a signed and sealed report attesting to the conformity of the
work be submitted by the appropriate professional;
m) Recommend that Council take any measure necessary to put an end to any
construction, occupation, or use of a lot, landsite, building or structure, or any
part of a lot, landsite, building, or structure that contravenes all municipal by-
laws;
n) Recommend that Council take any measure necessary to put an end to a
breach of this by-law or the Permits and Certificates by-law;
o) Order the interruption of work or usages;
p) In case of emergency or if the offence endangers the public, the officer in
charge may, if the offender does not immediately comply with the notice,
order that the work be stopped, as soon as possible.
q) Furthermore, if the offender refuses to comply, the officer in charge may
order remedial work to be carried out to ensure public safety. The cost of this
work is at the offender's expend;
r)
Undertake legal action in the name of the City, in case of a breach of this by-
law;
s)
Issue a statement of offence to the owner, tenant, occupant or any other
person in charge;
t)
Advise the owner of a property in breach of this by-law of the nature of the
offence and compel him to comply with this by-law and, if necessary, to restore
the premises, landsites or buildings to their condition before the breach;
u) In all other cases, if the offender does not comply with the above mentioned
order within seven (7) days, the officer in charge may take any necessary legal
action to enforce the application of this by-law.
(By-law 720-83, sec. 7 to sec. 10; By-law 720-94-1, sec. 6)
2.3
BREACH OF THIS BY-LAW
Commits an infraction any person that:
a) Occupies or uses a lot, landsite, building or structure, or part of a lot,
landsite, building, or structure, in breach of this by-law;
b) Authorizes the occupation or use of a lot, landsite, building or structure, or
part of a lot, landsite, building or structure, in breach of this by-law;
c) Erects or permits the erection of a structure in breach of this by-law;
d) Refuses to allow the officer in charge to visit and examine, at any reasonable
hour and on presentation of an identity card, an immovable property of which
he is the owner, tenant, or occupant to ascertain if this by-law and other
municipal by-laws are respected;
e) Does not comply with an order issued by the officer in charge.
(By-law 720-83, sec. 7 to sec. 10)
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
8
2.4
ISSUANCE OF A STATEMENT OF OFFENCE
The Director of Urban Planning and Municipal Patrol, the Division head of Urban
Planning and Permits, the technical agent in Urban planning, the Urban Planning
and Municipal patrol inspector, the Municipal patrol agents, any other employee
of the Urban Planning Department, the Public Works foremen and inspectors, the
members of the City of Montreal Police Department and of the Service de
Sécurité Incendie (Fire Security Department) are authorized to issue a statement
of offence regarding any offence under this by-law.
(By-law 720-83, sec. 7 to sec. 10)
2.5
FINES
Any person who contravenes any of the provisions of this by-law commits an
offence and is liable to a minimum fine, for a first offence, of two hundred dollars
($200) plus costs if the offender is a natural person and four hundred dollars
($400) plus costs if the offender is a legal person.
For a second offence, the minimum fine is three hundred dollars ($300) plus
costs if the offender is a natural person and six hundred dollars ($600) plus costs
if the offender is a legal person.
In case of subsequent offences, the minimum applicable fine is four hundred
dollars ($400) plus costs if the offender is a natural person and six hundred
dollars ($600) plus costs if the offender is a legal person.
If the offence is continuous, each day constitutes a separate offence and the
penalty imposed for this offence may be imposed for each day that the offence is
not corrected.
(By-law 720-83, sec. 7 to sec. 10)
2.5
Any person who fells or permits the felling of a tree in contravention to any of the
provisions of the present by-law is liable for a fine of one thousand dollars
($1,000) in the case of a natural person and to a fine of two thousand dollars
($2,000) in the case of a legal person, and, in addition:
a)
For felling a tree on less than one hectare of land, a fine of $200 per tree
illegally felled, up to a maximum of $5,000;
b)
For felling a tree on one or more hectares of land, a minimum fine of
$5,000 per hectare deforested, in addition to an amount determined in
accordance with subparagraph a) for each fraction of a hectare, up to a
maximum of $15,000.
The amounts indicated at the first subparagraph are doubled in case of a
subsequent offence.
(By-law 720-125, sec. 1)
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
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2.6
Repealed
(By-law 720-83, sec. 7 to sec. 10; By-law 720-113, sec. 1, By-law 720-114, sec.1;
By-law 720-117, sec. 1)
2.6.1 Repealed
(By-law 720-101, sec. 5; By-law 720-113, sec. 2, By-law 720-114, sec. 2)
2.6.2
Repealed
(By-law 720-101, sec. 5; By-law 720-114, sec. 2)
2.6.3
Repealed
(By-law 720-101, sec. 5; By-law 720-114, sec. 2)
2.7
TRANSITIONAL PROVISION
The repeal of previous provisions in no way invalidates previously acquired
rights, previous infractions committed, previous penalties imposed, or
proceedings already instituted.
(By-law 720-83, sec. 7 to sec. 10)
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
10
CHAPTER 3
GENERAL PROVISIONS
(By-law 720-94-1, sec. 7, By-law 720-100, sec. 1)
3.1
NOMENCLATURE OF ZONES
(By-law 720-94-1, sec. 8)
The classification of main uses is based on a number system established in the
most recent Manuel d'évaluation foncière1 published by the ministère des Affaires
municipales.
(By-law 720-36, sec. 3)
Uses have been classified in five (5) large groups according to common
characteristics such as construction volumes, ground area of structures nuisances
and impacts.
Each large group is divided into sub-groups composed of uses identified by two (2),
three (3), or four (4) digits.
3.1.1
Division of territory into zones
For purposes of regulating standards and uses over its whole territory, the City of
Beaconsfield is divided into zones, as shown in the zoning map, hereinafter
designated as the "Zoning Map".
Each zone bears an identification code and is considered a sector used as a
polling unit, under sections 131 to 137 of An Act respecting land use planning
and development (R.S.Q., chapter A-19.1)
(By-law 720-94-1, sec. 9)
3.1.2
Identification of zones
Each of the zones shown on the zoning map is identified by a letter indicating the
predominant use of the zone, according to the following table:
1Manuel d'évaluation foncière, volume 3A, Ministère des affaires municipales, direction générale de
l'évaluation.
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
11
Predominant use
Letter corresponding
Housing
H
Commercial
C
Institutional and recreational
INST
Park and public spaces
P
Public
utilities,
communication
and
transportation
U
Each zone is identified by a code composed of one or many letters followed by a
three-figure number. This letter indicates the predominant use for the zone for
ulterior reference only.
The usages classes authorized for each zone are also indicated on the zoning
map in the appropriate zone. Any zone identified by a unique combination of
numbers and letters constitutes a distinct zone from, and independent of, any
other zone.
(By-law 720-94-1, sec. 9)
3.1.3
Zone boundaries
A zone boundary appearing on the zoning map normally coincides with 1 or more
of the following lines:
a) The centre line or the extension of the centre line of existing, reserved or
proposed public streets, lanes or pedestrian paths;
b) The centre line of a watercourse or a body of water;
c)
The centre line or the extension of the centre line of public utilities right-of-
ways;
d) A lot, landsite or land line, or their extension
e) The boundaries of the City's territory.
When the limit does not coincide or does not seem to coincide with an above-
mentioned line, calculations shall be done to scale on the zoning map. When the
delineation of an existing or proposed street, which constitutes a zone limit, is
modified, the zone limit corresponds to the new delineation. In no circumstances
must the depth of a zone be less or more than the minimum or maximum lot
depth specified in the specification schedule for each zone.
Any zone having a proposed road as its limit may be modified to follow the
delineation of the street, as approved at the cadastral renewal.
When the limit of a zone follows the landsite line and this landsite line is moved,
the limit of the zone can be moved to respect the landsite line thus modified as
much as the moving of that limit of a zone is permissible only for a maximum of
20% of the line that is modified. That same limit can be moved more than once
until it reaches 20% of the limit of the land doing the object or the modification.
Moving the landsite line, however, should not make the lot changed not comply
with the current by-law. (See the following illustration)
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
12
Illustration 1
(By-law 720-94-1, sec. 9)
3.2
THE SPECIFICATION SCHEDULE
(By-law 720-94-1, sec. 10)
3.2.1
General provisions
The specification schedule as presented at the Annex B describes the provisions
applicable to each zone. Anyone wishing to erect a building or occupy a landsite
must comply with these specifications as well as with the provisions of this by-
law.
If more than 1 column of the specification schedule applies to a specific zone, the
combination of groups or sub-groups of authorized usages, the sitting standards,
the types of buildings and modifications must be in conformity with 1 column only.
(By-law 720-47, sec. 2, by-law 720-50, sec. 2, by-law 720-94-1, sec. 11)
3.2.2
Predominant use
The schedule of specifications contains a "Predominant use" section. Each zone
is identified in the schedule of specifications by one or many letters. This
identification constitutes the predominant use of the zone in accordance with the
urban plan.
(By-law 720-94-1, sec. 12)
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ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
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3.2.3.
Zone number
The schedule of specifications contains a section "zone number" for each zone,
which identifies by one or many letters and a series of numbers the zone in
question.
(By-law 720-94-1, sec. 13)
Sections 3.2.3.1 to 3.2.3.6 are repealed. (By-law 720-94-1, sec. 14)
3.2.4
Group of permitted usages
The group of permitted norms and usages of the specification schedule are
defined in Chapter 4 of the present by-law. A dot next to a group or sub-group
means that only the usages within this group or sub-group are permitted in this
zone, with the exception of specifically permitted usages or of specifically
prohibited usages.
When a predominant use is permitted, the accessory usages that derive from it
are systematically permitted, provided that the principal maintains its vocation
and function, and also that it is used on the same landsite.
(By-law 720-94-1, sec. 15)
Sections 3.2.4.1 to 3.2.4.3 are repealed. (By-law 720-94-1, sec. 16)
3.2.5
SPECIFICALLY AUTHORIZED USAGES
The specification schedules contains a section named "Specifically permitted
usages" that indicates the only permitted usages to the exclusion of all other
usages included in the same classification of usages for a zone. The number
indicated corresponds to a section or part of a section of the by-law that applies.
When a number appears in the "Specifically permitted usages" section, it refers
to a condition in the « Notes » section, which thus constitutes an applicable
condition.
(By-law 720-94-1, sec. 17)
Sections 3.2.5.1 to 3.2.5.8 are repealed. (By-law 720-94-1, sec. 18)
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
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3.2.6
SPECIFICALLY PROHIBITED USAGES
The specification schedule contains a section named of "Specifically prohibited
usages" which indicates that a use is prohibited even if it is within an authorized
classification of usages for this zone. The number indicated corresponds to a
section, or part of a section, of the by-law that applies.
When a number appears in the "Specifically permitted usages" section, it refers
to a condition in the « Notes » section, which thus constitutes an applicable
condition.
(By-law 720-94-1, sec. 19)
3.2.7
BUILDING STRUCTURE
The various main building structures permitted are as follows:
a) single
b) semi-detached
c)
attached
d) integrated project
The only main building structures permitted in a specific zone are those indicated
by a « dot » in the appropriate section.
(By-law 720-94-1, sec. 19)
3.2.8
ERECTION OF A BUILDING
The various main building structures permitted are the following:
a) number of floors (minimum and maximum)
b) maximum height (sloped roof / flat roof) (minimum and maximum)
The norms relating to building construction are listed in the appropriate section.
(By-law 720-94-1, sec. 19)
3.2.9
RATIO
The ratio between a main building and a landsite are governed by the following
ratios:
a) Minimum and maximum floor area ratio (FAR)
b) Maximum landsite coverage
(By-law 720-94-1, sec. 19)
3.2.10
SETBACK
The setback of a building in relation to the landsite on which it is erected is
governed according to the following setbacks. These setbacks are indicated in
meters in the schedule of specifications.
The prescribed setback must be measured:
a) To the exterior face of the foundation wall.
b) To the exterior face of the outside wall of the building, if this wall of the building
projects beyond the foundation wall.
c)
To the exterior face of the columns supporting the roof, when the wall is open.
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
15
d) To the centre of a party wall.
An outside wall of a building is not considered as projecting beyond the foundation
wall if only the exterior cladding of the outside wall projects beyond the foundation
wall and provided that this projection does not exceed 0.15 m.
(By-law 720-94-1, sec. 19, By-law 720-100, sec. 2)
3.2.11
MAXIMUM NUMBER OF DWELLING UNITS PER BUILDING
This standard sets the maximum number of dwelling units permitted per building.
(By-law 720-94-1, sec. 19)
3.2.12
LANDSITE AREA
The minimum and maximum dimensions of a landsite for each authorized building
in a zone are indicated by a unit of measure:
a) minimum area - in square meters
b) maximum area - in square meters
c)
minimum width - in meters
d) minimum depth - in meters
(By-law 720-94-1, sec. 19)
3.2.13
STANDARDS AND ENVIRONMENTAL CONSTRAINTS
Standards and environmental constraints relating to the environment may apply to
certain zones in virtue of the specification schedule. When a section number is
indicated next to the applicable standard and environmental constraint, it refers to a
section or part of a section of the present by-law.
(By-law 720-94-1, sec. 19)
3.2.14
NOTES
The "Notes" section indicates, by referring to a section of a by-law (zoning,
subdivision, and construction) or a special prescription, a particular standard that
must apply.
(By-law 720-94-1, sec. 19)
3.3
EXCLUSIONS (Repealed by-law 720-94-1, sec. 20)
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
16
CHAPTER 4
CLASSIFICATION OF USAGES
(By-law 720-94-1, sec. 21)
4.1
CLASSIFICATION OF USAGES
The usages are divided in 5 groups of usages according to their common
characteristics. Each group of usages is associated to 1 or more classes of
usages. Each class of usages is associated 1 or more establishments or
equipments.
The groupings of usages and classes of usages are as follows:
GROUPS OF USAGES
CLASSES OF USAGES
Housing (H)
Single family residence (h1)
Two families residence (h2)
Multifamily residence (h3)
Communal residence (h4)
Residential Mix (housing and commercial)
(h5)
Commercial (C)
Retail and Service businesses (c1)
Commercial recreation (c2)
Restaurant Services (c3)
Superstores and commercial centre (c4)
Lodging Services (c5)
Gasoline Services (c6)
Institutional and public
Institutional and administrative recreation
(INST)
(inst1)
Public Recreation (inst2)
Park and public space (P)
Park (p1)
Conservation (p2)
Public Parking lot (p3)
Public Utilities, Transportation
Public Utility (u1)
and Communication (U)
Transportation (u2)
Communication (u3)
(By-law 720-94-1, sec. 22)
Sections 4.1.1 to 4.1.3 are repealed. (By-law 720-94-1, sec. 23, 24 & 25)
4.2
PERMITTTED USAGES
The permitted usages are those enumerated hereinafter. They are classified
according to their group of usages and their class of usages.
(By-law 720-94-1, sec. 26)
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4.2.1
Usages groups « Housing » (H)
This group of usages is composed of the permitted usages shown in the following
list:
a) Single family residence (h1)
The class of usages « Single family house (h1) » is composed of residences
containing only 1 dwelling.
b) Duplex residence (h2)
The class of usages « Duplex house (h2) » is composed of housing containing a
maximum of 2 dwellings.
c)
Multifamily residence (h3)
The class of usages « Multifamily house (h3) » is composed of housing
containing 3 dwellings or more.
d) Communal residence (h4)
Residence designed to house persons having similar characteristics, requiring or
not requiring care, treatment or social rehabilitation as the case may be, under
the Act respecting health services and social services (1977 RSQ, Chapter S-5).
The building categories included in this definition may, for example, be
designated under various names, such as:
- Nursing home
- Private convalescence centre
- Foster home
- Home for the elderly
- Rest home
- Furnished apartment for the elderly
- Residence for retired people
- Guest home
e) Residential Mix (Multifamily residence or communal and commercial) (h5)
The class of usages « Residential Mix (h5) » is composed of housing of the type
« Multifamily residence (h3) » or « Communal residence (h4) » and commercial
usages included in the class of usages "Retail and service businesses (c1) and
the usage "restaurant-café" of the class of usages "Restaurant services (c3)". The
commercial usages are located on the ground floor of the residential mix
building."
The combined floor area occupied by the commercial usage may not exceed the
total floor area of the multifamily usage.
(By-law 720-94-1, sec. 27)
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4.2.2
Usages group « Commercial (C) »
The group « Commercial (C) » is composed of 6 classes of usages, linked by
their nature, area of occupation and building occupation.
(By-law 720-47, sec. 3, by-law 720-94-1, sec. 28)
4.2.2.1
Retail and Service Businesses (c1)
This class of usages includes establishments whose main activity consists of
selling merchandise or services directly to consumers. The permitted usages are
the following:
a) The sale of food products such as:
i.
Supermarket with a total floor area of 500m2 or less
ii.
Butcher shop
iii.
Fruits and vegetables
iv.
Bakery
v.
Candy shop
vi.
Cookie shop
vii.
Pastry shop
viii.
Liquor store
ix.
Deli meats
x.
Dairy products
xi.
Caterer
xii.
Convenience store
xiii.
Public market
b) The sale of dry products such as:
i.
Florist
ii.
Newspapers/magazines/publications
iii.
Tobacco shop
iv.
Hardware
v.
Bookstore
vi.
Stationary store
vii.
Pharmacy
viii.
Framing
ix.
Jewellery
x.
Clothing
xi.
Shoe store
xii.
Antiques
xiii.
Musical instruments
xiv.
Repealed (By-law 720-107, section 1a)
xv.
Pet food and supplies without retail sale of animals (By-law 720-107,
section 1b)
xvi.
Sports equipment
xvii.
Camping equipment
xviii.
Automobile parts without installation services
xix.
Furniture
xx.
Household appliances
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c)
Professional and specialized services such as:
i.
All Professional Orders indicated at the Schedule 1 of the Quebec
Professional Code (R.S.Q. c. C-26)
ii.
Osteopathy
iii.
Chiropractice
iv.
Massage therapy
v.
Kinesiology
vi.
Physiotherapy
vii.
Sports medicine clinic
viii.
Denture mechanics
ix.
Audiology
x.
Clothing designer
xi.
Photographer
xii.
Graphic artist
xiii.
Publicity
xiv.
Insurance
xv.
Computer scientist/information technology
xvi.
Business offices
xvii.
Private teaching
xviii.
Paramedic service
d) Personal services such as:
i.
Union professional association and non profit association
ii.
Financial services
iii.
Dry cleaners
iv.
Beauty salon
v.
Aesthetician
vi.
Laundry
vii.
Shoe maker and repair
viii.
Tailor
ix.
Travel agency
x.
Real estate agency
xi.
Dance studio
xii.
Art studio
xiii.
Repair of electric and electronic accessories, small household
appliances
xiv.
Post office
xv.
Animal grooming without retail sale of animals (By-law 720-107, section
1c)
xvi.
Daycare
4.2.2.2
Commercial Recreation (c2)
This class of usages is composed of business establishments where the main
activity is the operation of sport, recreational or leisure facilities. Included in the
permitted usages are the following:
a) Racquet sports
b) Sports centre
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c)
Gymnastics
d) Lawn bowling
e) Curling
f)
Bowling
g) Swimming pool
h) Billiard hall with less than 5 tables
i)
Cinema
j)
Theatres
k)
Health club
(By-law 720-119, sec. 1)
4.2.2.3
Restaurant Services (c3)
This class of usages is composed of establishments where the main activity
consists in providing restaurant services. Included in the permitted usages are
the following:
a) Restaurants
b) Restaurant-cafés
c)
Fast-food services
d) Reception halls
(By-law 720-119, sec. 2)
4.2.2.4
Superstore and Commercial Centre (c4)
This class of usages is composed of establishments where the main activity is
the sale of products and services directly to the consumer. These commercial
usages may require the use of a heavy truck for merchandise delivery. Included
in the permitted usages are the following:
a) Retail store of more than 500 m2
b) Shopping centres including usages in class of usages c1, c2 and c3.
(By-law 720-119, sec. 3)
4.2.2.5
Lodging Services (c5)
This class of usages is composed of establishments where the main activity
consists in providing lodging services for 31 days or less. Included in the
permitted usages are the following:
a)
Principal residence establishments
b)
General tourist accommodation establishments
i.Tourist homes
ii.Hotel establishments
iii.Bed and breakfast establishments
iv.Resorts
v.Youth hostels
vi.Educational institutions
c)
Youth tourist accommodation establishments
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(By-law 720-119, sec. 4; By-law 720-126, sec. 1)
4.2.2.6
Gasoline Services (c6)
This class of usages is composed of establishments where the main activity
consists in the sale of fuel. Included in the permitted usages the following:
a) Service station without mechanical service
b) Service station with mechanical service, excluding body shop service
c)
Gas bar station / convenience store
d) Car mechanical service, excluding body shop service
(By-law 720-94-1, sec. 29; By-law 720-119, sec. 5)
4.2.3
Use group "Institutional and recreational" (INST)
The group of usages «Institutional and recreational (INST) » unites 2 classes of
usages, linked by their nature, area of occupation and building occupation.
(By-law 720-94-1, sec. 30)
4.2.3.1
Institutional and Administrative (inst1)
This class of usages is composed of all establishments used for the purpose of
education, culture, health and well-being, public administration and worship.
Included in the permitted usages are the following:
a) Educational institution and an institution's administrative office
b) City Hall
c)
Community centre
d) Library
e) Non-profit organization recognized by the City
f)
Museum
g) Hospital
h) Place of worship
i)
Convent, monastery, residence attached to a place of worship
j)
Cemetery
k)
Presbytery
4.2.3.2
Recreation (inst2)
This class of usages is composed of all establishments and equipment for the
practice of sports and games, recreation, leisure, culture and education. Included
in the permitted usages are the following:
a) Arena
b) Amphitheatre
c)
Sports centre
d) Nautical club and Marina
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(By-law 720-94-1, sec. 31)
4.2.4
USE GROUP "PARK AND PUBLIC SPACES (P)"
The group of usages « Parks and public spaces (P) » unites 3 classes of usages,
linked by their nature and by the occupation of their space.
(By-law 720-94-1, sec. 32)
4.2.4.1
Park (p1)
This group of usages includes all activities, designed areas and recreation
equipment for the practice of sports and games, recreation and outdoor leisure.
Included in the permitted usages are the following:
a) Play park (with or without equipment)
b) Leisure park, a square, a vegetation islet or a natural park
c)
Communal garden
d) Beach
e) Belvedere
f)
Picnic area
4.2.4.2
Conservation (p2)
This group of usages includes all territory that, because of its patrimonial value,
its beauty, the beauty of the area and the scenery, the fragility of the natural area,
the protection of the ecosystems that takes place on it, its rich natural potential,
deserves to be maintained in its natural state or restored to its original state.
Included in the permitted usages are the following:
a) Woods and fallow land
b) Interpretation centre or a welcome office
c)
Historic site and heritage site
d) A walkway or a hiking trail
e) A listed or classified heritage building
f)
An observation station, a lookout or a kiosk
g) A service facility with or without a storage yard
h) A parking area and access aisles
i)
A picnic, leisure or play area
4.2.4.3
Public parking (p3)
This group of usages includes all public parking off the street. The permitted use
is:
1.
A public parking lot owned by a private owner or by a municipal, provincial or
federal government.
(By-law 720-94-1, sec. 33)
4.2.5
USE GROUP "PUBLIC UTILITIES, TRANSPORTATION AND COMMUNICATION (U)"
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The use of group « Public utilities, transport and communication (U) unites 3
classes of usages, linked by their nature. »
(By-law 720-94-1, sec. 34)
4.2.5.1 Public Utilities (u1)
This class of usages is composed of establishments or equipment used for the
public work services, fire protection, civil protection and protection of the person.
Included in the permitted usages are the following:
a) Fire station
b) Police station
c)
Public works service
(By-law 720-94-1, sec. 35)
4.2.5.2
Transportation (u2)
This class of usages is composed of establishments or equipment used for
transport of goods and persons. Included in the permitted usages are the
following:
a) Bus terminus
b) Train station
(By-law 720-94-1, sec. 35)
4.2.5.3
Communication (u3)
This class of usages is composed of establishments or equipment used for the
production and transmission of energy. Included in the permitted usages are the
following:
a) Telecommunication antenna and Telecommunication equipment shelter
b) Electric transformer station
(By-law 720-94-1, sec. 35)
4.2.6
Special standards (Repealed by-law 720-94-1, sec. 36)
4.3
PROHIBITED USAGES IN ALL ZONES
The following usages are specifically prohibited in all zones:
a) Any commercial establishment engaging in an activity that is related to the
sale or use of billiards hall 5 tables and more, gambling, electronic games,
arcades and shooting galleries;
b) Any commercial establishment where the main activity, whether permanent
or not, consists in the sale, preparation or the service of wine, beer or spirits
or other alcoholic beverages and which hold 1 or the other of the following
liquor permits, as defined in the Act on liquor permits (RSQ, chapter P-9-1):
i.
Brewery permit
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ii.
Bar permit
c)
Any commercial establishment engaging in an activity related to acts of a
sexual nature;
d) Massage parlours and similar establishments (excluding massage therapy);
e) Scrap yards and refuse dumps;
f)
Mobile homes;
(By-law 720-94-1, sec. 37)
g) Retail sale of animals,
(By-law 720-107, section 2)
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CHAPTER 5
GENERAL PRESCRIPTIONS APPLICABLE TO ALL
USAGES AND ALL STRUCTURES IN ALL ZONES
(By-law 720-83, sec. 11, by-law 720-94-1, sec. 38)
5.1
SCOPE OF APPLICATION
The present chapter applies to all usages and all structures in all zones.
5.2
GENERAL MEASURES
A single (1) principal building may be erected on land except in the case of
buildings that are part of an integrated project.
5.3
DIMENSION OF THE FRONT, LATERAL AND REAR SETBACKS
The dimension of front, lateral and rear setback is indicated in the specification
schedule for all zones and all types of usages and principal buildings.
5.3.1
FRONT SETBACK
The front setback, as indicated in the specification schedule, is located along a
street. (See the following illustration 2)
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5.3.2
SECONDARY FRONT SETBACK
In the case of a corner landsite, a through interior landsite or a through corner
landsite, the dimension of the secondary front setback is the one prescribed in
the specification grid for the front setback. (See Illustration 2 below)
Illustration 2
(By-law 720-100, sec. 3)
5.3.3
LATERAL SETBACK
The lateral setback is the one indicated in the specification grid. (See Illustration
3 below)
5.3.4
OVERALL LATERAL SETBACK
The overall lateral setback corresponds to the calculation of two (2) lateral
setbacks as indicated in the specification grid. (See Illustration 3 below)
5.3.5
REAR SETBACK
The rear setback is the one indicated in the specification grid. (See Illustration 3
below)
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Illustration 3
Emprise publique = Right-of-way
(By-law 720-100, sec 4)
5.4
BUILDING ARCHITECTURE
5.4.1
CONSTRUCTION OR EXTENSION SUBJECT TO THE SPAIP APPROVAL PROCEDURE
Any new construction or extension facing a public street in the front, side or back
yard of a residential or commercial building is subject to the approval procedure
for Site Planning and Architectural Integration Programs (SPAIP), as decreed in
the Site Planning and Architectural Integration Programs (SPAIP) By-law in force
on the City of Beaconsfield's territory.
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5.4.2
PROHIBITED FORMS
The following architectural forms are prohibited throughout the territory of the City
of Beaconsfield for a main or ancillary building:
a) The use of railway cars, buses or other such vehicles, or a container;
b) The form of a human being, animal, fruit, vegetable or other similar object;
c)
Except for municipal purposes, buildings in a semi-circular form (arch, dome
or others), whether prefabricated or not, in galvanized sheet metal or any
other material.
5.4.3
ROOF SHAPE
To promote harmonization with respect to the architecture of buildings, the roof of
a single-family residence must be sloped.
5.4.4
FLAT ROOF
Notwithstanding any provision in the present by-law and in the Site Planning and
Architectural Integration Programs (SPAIP) By-law, a flat roof for a building other
than a detached single-family residence, i.e., with a slope less than 2:12, may be
accepted on condition that its design meets the criteria for an eco-roof as
presented in section 5.5.5 of the present by-law.
5.4.5
MECHANICAL EQUIPMENT
Unless otherwise indicated, no storage tank, ventilation shaft or other mechanical
equipment should be visible from the public road. All mechanical equipment on
the roof must be hidden by a screen that is well-maintained at all times. This
measure does not apply to an air-conditioning unit installed in a window for
residential usage.
5.4.6
SOLAR PANELS
Notwithstanding section 5.4.5 and in addition to the provisions of section 9.6.2, a
mechanical device such as a solar panel must be installed on the roof of a
building and meet the following conditions:
a) The panels must be placed flat on the roof;
b) The panels must be installed following the same slope as the roof;
c) The panels must be kept in good condition at all times.
5.4.7
TRAILERS, SEMI-TRAILERS AND MOBILE HOMES
Mobile homes, trailers and semi-trailers are not authorized except as temporary
buildings serving as sales or rental offices for buildings under construction or
about to be, or serving as warehouses or shelters for construction sites, as
decreed in the present by-law. At no time may these buildings serve as
residences.
5.5
EXTERIOR CLADDING AND ROOFING MATERIALS
5.5.1
PROHIBITED EXTERIOR MATERIALS FOR BUILDINGS
The following materials must not be used to clad the exterior walls of any
building:
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a) Any sheet materials or panelling imitating or attempting to imitate brick or
stone;
b) Brick or stone anchored with screws or glue;
c)
Aluminum or steel siding, except when designed to imitate wooden
clapboard or wood panelling;
d) Vinyl siding for all new construction or extension that covers more than 50%
of the existing surface of each of the existing walls;
e) Galvanized sheet metal, except for pre-painted panels with an enamel finish;
f)
Non-architectural cement block;
g) Concrete wall panels poured in situ, unless they have a decorative finish;
h) Wood siding, unless it is treated to withstand the weather;
i)
Logs, whether treated or not;
j)
Asphalt paper, felt paper, tar paper or any exposed material that appears
unfinished;
k)
Panels and shingles of asbestos cement;
l)
Large-surface asphalt roofs covered in mineral aggregate on a mineral
powder base;
m) Any material not designed for exterior cladding.
5.5.2
CLADDING MATERIALS AUTHORIZED FOR A MAIN BUILDING FOR ALL USAGES
Only authorized materials may be used for exterior cladding.
A cladding material must be used in equal proportions on all walls.
Cladding materials must be maintained so as to preserve their original
appearance.
5.5.3
MAXIMUM NUMBER OF MATERIALS AUTHORIZED
It is prohibited to use more than 2 cladding materials above the foundation, not
including the materials used to clad doors and windows. Soffits, verandas,
balconies and other similar components are not taken into account when
calculating the authorized number of exterior cladding materials.
5.5.4
PROHIBITED MATERIALS FOR AN ANCILLARY STRUCTURE
Prohibited cladding materials for exterior walls and roofs of main buildings,
except for vinyl siding, are also prohibited for ancillary structures.
5.5.5
FLAT-ROOF MATERIALS FOR AN ECO-ROOF
An eco-roof for a building must be covered with one of the materials below:
a) Vegetation covering (green roof), i.e., roofing material that allows the growth
of vegetation including, minimally, a watertight layer, a growing medium and
a layer of vegetation;
b) White material, material painted white, or covered with a white coating or
white gravel;
c)
A combination of the materials described above.
(By-law 720-100, sec. 5)
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5.6
AUTHORIZED
BUILDINGS,
STRUCTURES
AND
ANCILLARY
EQUIPMENT FOR ALL USAGES
5.6.1 ANCILLARY STRUCTURES
Ancillary structures are only permitted if deemed complementary to a main
building and they must be situated on the same landsite as the main building.
5.6.2
ANCILLARY
BUILDINGS,
STRUCTURES
AND
EQUIPMENT
AUTHORIZED
WITHIN
SETBACKS AND YARDS
Ancillary buildings, structures and equipment authorized within setbacks and
yards are those listed in the following table, when the word "YES" appears on the
line identifying the ancillary building, structure or equipment, provided that the
standards described in the table are respected. Unless otherwise indicated in the
present by-law, when a building, structure or equipment is not listed in the table, it
is considered to be prohibited throughout the territory.
Authorized
ancillary
buildings,
structures
and
equipment
Front yard
and front
setback
Side yard
and lateral
setback
Rear yard
and rear
setback
1- Sidewalk,
road,
access
ramp
for
physically
handicapped individuals, access corridor, bicycle
rack, and planting beds and other landscaping
Yes
Yes
Yes
2- Clothes line
No
No
Yes
3- Playground equipment for non-commercial usages,
except a tree house
No
Yes
Yes
4- Tree house
a) Distance from landsite lines (m)
b) Maximum height (m)
No
No
Yes
3
4.5
5- Off-season storage of recreational equipment such
as snowmobiles, trailers, camping trailer, boats and
recreational vehicles.
(By-law 720-100, sec. 6 - I.)
No
Yes
Yes
6- Eaves, gables, cornices, canopies, balconies and
projections for architectural purposes
a) Maximum encroachment on the setback (m)
Yes
1.2
Yes
1.2
Yes
1.2
7- Projecting window with a maximum width of 2.5
meters
a) Maximum encroachment on the setback (m)
Yes
0.75
Yes
0.75
Yes
0.75
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8- Cantilevered awnings over entranceways
a) Maximum encroachment on the setback (m)
Yes
1.2
Yes
1.2
Yes
1.2
9- Exterior staircase
a) Up to a height of 1.2 meters
i.
Maximum encroachment on the setback (m)
b) Between 1.2 meters and 3 meters in height
i.
Maximum encroachment on the setback (m)
c)
More than 3 meters in height
Yes
3
No
No
Yes
1.5
No
No
Yes
3
Yes
0
No
10- Gallery, porch
a) Up to 1.2 meters in height
i.
Maximum encroachment on the setback (m)
b) More than 1.21 meters in height
i.
Maximum encroachment on the setback (m)
Yes
1.2
0
Yes
1.2
0
Yes
3
0
11- Veranda
a) Maximum encroachment on the setback
No
Yes
0
Yes
0
12- Detached garage and permanent car shelter
(sections 5.6.5, 5.6.12, 5.6.13 and 5.6.14)
a) Maximum floor area (m2)
b) Distance from the main building (m)
c)
Distance from any landsite line (m)
d) Maximum height (m)
No
Yes
40
2
0.60
4.5
Yes
40
2
0.60
4.5
13- Temporary winter car shelter (sect. 5.6.9)
No
No
No
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14- Garden shed and pool shed* (sect. 5.6.9)
* The pool shed is permitted only if a pool is or will be
installed.
(By-law-720-100, sec. 6 - II.)
a) Maximum number per landsite (1 per type)
b) Maximum area per landsite
(By-law 720-119, sec. 6 a))
i.
One (1) shed on the landsite (m2)
(By-law 720-115, sec. 1, a))
ii.
Two (2) sheds on the landsite (total m2)
(including the pool shed)
(By-law 720-115, sec. 1, b))
c)
Minimum distance from the main building (m)
d) Distance from any landsite line (m)
e) Maximum height (m)
No
Yes
2
23
23
2
0.60
3.2
Yes
2
23
23
2
0.60
3.2
15- Pavilion, pergola (sect. 5.6.5)
a) Maximum floor area (m2)
b) Minimum distance from any landsite line (m)
c)
Maximum height (m)
No
Yes
16
2
3.2
Yes
16
2
3.2
16- Outdoor swimming pool including accessories (sect.
5.6.5 and 5.6.15)
a) Minimum distance from side and rear landsite
lines (m)
b) Minimum distance from main building (m)
No
Yes
2
2
Yes
2
2
17- Deck around pool (sect. 5.6.15)
a) Minimum distance from landsite lines (m)
No
Yes
3
Yes
3
18- Hot tub (Spa) (sect. 5.6.15)
a) Minimum distance from any landsite line (m)
No
Yes
3
Yes
3
19- Shelter for pool or hot tub spa (sect. 5.6.17)
(By-law 720-119, sec. 6 b))
No
Yes
Yes
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20- Heat pump, heating equipment for main building
and pool, and air conditioning other than in a
window (sect. 5.6.15 and 5.6.21)
a) Maximum distance from main building (m)
b) Minimum distance from any landsite line (m)
No
Yes
2
2
Yes
2
2
21- Domestic greenhouse (sect. 5.6.5)
a)
Minimum distance from any landsite line (m)
b)
Maximum height (m)
c)
Maximum floor area (m2)
No
Yes
0.60
3.2
16
Yes
0.60
3.2
16
22- Tennis court
a) Minimum distance from any landsite line (m)
No
Yes
2
Yes
2
23- Fence
a) Fence or fence around a tennis court (Sec. 5.9)
b) Fence in the front yard (Sec. 5.7.2)
(By-law 720-124, section 1)
No
Yes
Yes
-
Yes
-
24- Pressurized gas tank
a) Above-ground pressurized gas tank (sect.5.6.8)
Minimum distance from any landsite lines (m)
b) Pressurized gas tank entirely buried underground
Minimum distance from any landsite lines (m)
(By-law 720-109, section 3)
No
Yes
2,0
Yes
2,0
Yes
2,0
Yes
2,0
Yes
2,0
25- Exterior wood fireplace
No
No
No
26- Exterior gas fireplace
No
Yes
Yes
27- Storage of firewood (sect. 5.6.22)
No
Yes
Yes
28- Composter
a) Minimum distance from any landsite line (m)
b) Encroachment on setback (m)
c)
Maximum number
d) Maximum size / composter (m3)
No
Yes
-
0
3
2.85
Yes
1
-
3
2.85
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
34
29- Garbage container larger than 360 liters (sect.
6.2.5.4)
a) For residential usages h1 and h2
b) For all other usages
No
No
No
No
No
Yes
30- Satellite and vertical antennae (sect. 5.6.18 and
5.6.19)
No
Yes
Yes
31- Windmill
No
No
No
32- Rainwater barrel
a) Maximum capacity (litres/barrel)
b) Maximum number
No
Yes
200
4
Yes
200
4
33- Acoustic wall (section 5.18)
a) with enbankment:
Minimum distance from rear landsite line (m)
Maximum height (m)
b) without enbankement:
Minimum distance from rear landsite line (m)
Maximum height (m)
(By-law 720-97, sec. 1)
No
No
No
No
Yes
5.0
3.0
Yes
0.3
4.5
34. Sauna
a) Minimum distance from any landsite line (m)
b) Maximum height (m)
c) Maximum area (m2)
(By-law 720-119, sec. 7)
No
Yes
3
3,2
16
Yes
3
3,2
16
5.6.2.1 Accessory buildings, accessory equipment and other developments authorized
in a side yard of land contiguous to Lac St-Louis
Despite any contrary provision listed in the table of section 5.6.2 and this by-law,
any accessory building, accessory equipment and development listed below,
must respect a distance from the setback of the main building, corresponding to
the distance between the main building and the lateral line of the land, measured
on the side where this equipment is provided:
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
35
a) an accessory building;
b) a playground structure;
c) an above-ground swimming pool;
d) an above-ground spa, above-ground hot tub;
e) a fence, low wall or hedge located other than along the side property
lines, with the exception of a wrought iron fence;
f) a heat pump.
(By-law 720-129, sec. 1)
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
36
5.6.3
AUTHORIZED ANCILLARY BUILDINGS, STRUCTURES AND EQUIPMENT IN FRONT YARDS
An ancillary building, structure or equipment is authorized in a front yard at a
distance of at least 15 meters from the front landsite line.
5.6.4
AUTHORIZED ANCILLARY BUILDINGS, STRUCTURES AND EQUIPMENT IN A FRONT
SECONDARY YARD
An ancillary building, structure or equipment authorized in a side yard is
automatically authorized in a secondary front yard. However, an ancillary
building, structure or equipment over 1.8 meters in height must be located at
least 2 meters from the front secondary landsite line and must be screened from
view by an evergreen hedge or an opaque fence. (See Illustration 4 below)
Illustration 4
5.6.5
NUMBER OF ANCILLARY STRUCTURES PER LANDSITE
Of the following structures, only 1 ancillary structure of the same type is
authorized per landsite:
a) Garage and car shelter (detached and attached)
i.
An attached garage and a detached garage are considered as the same
type of structure.
ii.
An attached car shelter and a detached car shelter are considered as
the same type of structure.
BEACONSFIELD
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37
b) Shed
c)
Pool shed
d) Pool
e) Hot tub (spa)
f)
Greenhouse
g) Pavilion or pergola
Notwithstanding any provision in this by-law, in the case of a communal
residence, no more than 2 pavilions, pergolas or other garden structures per
landsite are authorized. In the case of a residential attached or semi-detached
integrated project, only 1 spa is permitted per dwelling unit.
h) Sauna
(By-law 720-119, sec. 8 and 9)
5.6.6
DISTANCE BETWEEN ANCILLARY STRUCTURES
The distance between 2 ancillary structures is 2 meters minimum. However, there
is no minimum distance between an inground pool and a spa.
(By-law 720-119, sec.10)
5.6.7
OUTDOOR OIL OR GASOLINE TANK
An outdoor gasoline or oil tank is specifically prohibited in a residential zone.
5.6.8
PRESSURIZED GAS TANK
A pressurized gas tank located in a side yard must be hidden by an opaque
screen or a screen of vegetation, and must be located at a distance of at least
half the length of the side wall, measured from the front wall.
5.6.9
TEMPORARY SHELTER FOR A MOTOR VEHICLE
A temporary shelter for a motor vehicle is prohibited throughout the territory of the
City of Beaconsfield.
5.6.10
TEMPORARY BUILDING
The only authorized temporary buildings are those necessary for construction
sites. They may not serve as residences and must be removed within 15 days
following the end of the construction work.
5.6.11
LATERAL SETBACK FOR A PERMANENTLY ATTACHED CARPORT
Unless otherwise indicated and without limiting the generality of the rules in the
present by-law, the lateral setback for permanent carport, attached to the main
building may be reduced to 1.8 meters from the side landsite line, provided that:
a) The reduced lateral setback applies to an attached carport only. Said carport
must be built only on 1 side of the main building;
b) The lateral setback prescribed for the main building in the specification grid is
4.5 meters.
BEACONSFIELD
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
38
5.6.12
LATERAL SETBACK FOR A GARAGE ATTACHED TO THE MAIN BUILDING
Unless otherwise indicated and without limiting the generality of the rules in the
present by-law, the lateral setback for a garage attached to the main building may
be reduced to 1.80 meter from the side landsite line, provided that:
a) The reduced lateral setback applies to the attached garage only. The garage
must be built only on 1 side of the main building;
b) The lateral setback prescribed for the main building in the specification grid is
4.5 meters.
c) The land on which the main building is located is not adjacent to Lake St-Louis
(By-law 720-129, sec.2)
5.6.13
ACCESS TO A DETACHED GARAGE
For a detached garage located in the rear yard, the section of driveway located in
the rear yard should be paved with honeycomb blocks, or paved along the wheel
paths only.
5.6.14
BELOW-GRADE ATTACHED GARAGE FOR THE MAIN BUILDING FOR A
SINGLE-FAMILY RESIDENCE
For a single family residence, an attached garage may be built below grade level
subject to the following conditions (By-law 720-119, sec. 11 b))
a) The access ramp is not visible from the public road.
b) An exterior drain the same width as the garage door must be installed at the
bottom of the slope so that storm water is directed towards it;
c)
The bottom of the garage door must be 0.75 cm above the top of the exterior
drain cover;
d) A speed bump must be installed at the top of the slope of the access ramp.
(By-law 720-119, sec. 1 a))
5.6.15
POOL
A pool may be in ground, semi-inground or above-ground.
For the purposes of the present by-law, a whirlpool or hot tub (spa) with a
capacity greater than 2000 litres is considered a pool.
An above-ground pool that can be disassembled, or an inflatable pool, deeper
than 60 cm is considered to be an above-ground pool.
The installation of a pool must comply with the provisions in the present by-law.
5.6.15.1
Installation
In addition to the norms prescribed in section 5.6.2, the installation of pool must
respect the following conditions:
a) Location
The distance must be measured from the edge of the water surface of the pool to
the landsite lines or the edge of the building;
BEACONSFIELD
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b) Filling the pool
A pool may only be filled if a permanent fence is installed in conformity with the
present by-law;
c)
Filtration system
The water filtration system of a pool must be installed in an ancillary building of a
minimum height of 2 meters in conformity with the regulations in force under the
present by-law.
d) Overhead cables
A pool must not be placed under any electrical wires or lines;
e) Heat pump for the pool and its equipment
A heat pump for pool and its equipment must be located at least 2 meters from a
landsite line and within 2 meters of the shed.
(By-law 720-119, sec. 12)
5.6.15.2
Controlling access to an in ground or semi-inground pool
All in ground and semi-inground pools must be equipped with a ladder or steps
used to enter or exit the water.
To restrict access from the house or the yard, an in ground or semi-inground pool
must at all times be surrounded by an enclosure at least 1.5 meters in height.
However, if the landsite on which the pool is located is surrounded by a fence at
least 1.5 meters high, then the height of the enclosure surrounding the pool may
be a minimum of 1.2 meters.
For the purposes of this section an enclosure having due height of less than
1.50 meters may consist of a flexible fence.
(By-law 720-106, sec. 2)
The enclosure must be installed at least a meter (1m) from the edge of the water
surface.
It must have no fixtures, projections or open parts enabling it to be climbed.
Where the enclosure is a chain-link fence, the mesh must have a maximum width
of 30 mm. If slats are inserted in the mesh, their width may be greater than
30 mm but they must not allow the passage of a spherical object more than
30 mm in diameter.
(By-law 720-120, sec. 1)
A wall forming part of an enclosure must not have any opening enabling to enter
the enclosure. Despite the foregoing, such a wall may have a window if the
window is situated at a minimum height of 3 m from the ground on the inside of
the enclosure, or, otherwise, if its maximum opening does not allow the passage
of a spherical object more than 10 cm in diameter.
(By-law 720-120, sec. 2)
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Every gate forming part of an enclosure must be equipped with a self-closing and
self-latching passive security device. The device must be installed on the inside
of the enclosure in the upper part of the gate or on the outside of the enclosure at
a minimum height of 1.5 m from the ground.
(By-law 720-120, sec. 3)
The enclosure must not have any openings large enough to allow the passage of
spherical objects ten (10) cm or more in diameter. Moreover, the distance
between the bottom of the fence and the grade level must not exceed ten (10)
cm.
The planks or bars of the fence must be rigid and installed vertically. There must
be a gap of at least 1.2 meters between the horizontal support bars. These bars
must be located on the pool side of the fence. (See Illustration 5 below)
A swimming pool with a diving board must be installed in accordance with
BNQ Standard 9461-100, "Residential Swimming Pools Equipped with a Diving
Board - Minimum Water Envelope to Prevent Cervical Spinal Cord Injuries
Resulting from Diving from a Diving Board", in force at the time of the installation.
(By-law 720-120, sec. 4)
Illustration 5
Under no circumstances may a hedge, shrubs or trees be considered a fence.
BEACONSFIELD
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41
Any installation intended to provide or deny access to a pool or spa must be
maintained in good working order.
(By-law 720-100, sec. 7)
5.6.15.3
Controlling access to an above-ground pool
An above-ground pool with a wall height of at least 1.21 meters above grade
level, or a pool that can be dismantled with a wall height of at least 1.4 meters,
does not have to be surrounded by an enclosure when the pool is accessed in
any of the following ways:
10 By means of a ladder fitted with a self-closing/self-locking mechanism to
prevent its use by a child. Also, the ladder for an above-ground pool must be
raised and locked to prevent access when not in use;
20 By means of a ladder or from a deck to which access is protected by a fence
fitted with a self-closing/self-locking security mechanism on the gate to
prevent its use by a child;
30 From a patio attached to the house and installed so that the portion opening
onto the pool is protected by a fence fitted with a self-closing/self-locking
security mechanism on the gate to prevent its use by a child.
Notwithstanding the first subparagraph of the current section, a landsite on which
is located an above-ground pool or a pool that can be dismantled, must be
surrounded by a fence with a minimum height of 1.5 meters. The specifications
listed in section 5.6.15 of the present by-law must be respected.
The height prescribed for the fence must be measured at a distance of one (1)
meter from the fence, on the inside or outside, whichever offers the higher grade
level. (See Illustration 5 above)
The fence must be installed at least one (1) meter from the edge of the water
surface.
The fence must have no fixtures, projections or open parts to facilitate climbing.
Where the enclosure is a chain-link fence, the mesh must have a maximum width
of 30 mm. If slats are inserted in the mesh, their width may be greater than
30 mm but they must not allow the passage of a spherical object more than
30 mm in diameter.
(By-law 720-120, sec. 5)
Every gate forming part of an enclosure must be equipped with a self-closing and
self-latching passive security device. The device must be installed on the inside
of the enclosure in the upper part of the gate or on the outside of the enclosure at
a minimum height of 1.5 m from the ground.
(By-law 720-120, sec. 6)
5.6.15.4
Temporary fence
In the case where a permanent fence is not yet installed, an impenetrable
temporary fence at least 1.5 meters in height and solidly attached to the ground
BEACONSFIELD
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42
must be installed around the pool to guarantee protection around the excavation
site.
5.6.15.5
Deck around an above-ground pool
If the above-ground pool is surrounded in whole or part by a deck, this must be
fitted with a railing.
A deck around an above-ground pool must respect the following rules:
a) No encroachment onto a front setback is authorized;
b) The floor of the deck must not be higher than the exterior wall of the pool;
c)
When the deck floor is more than 1.2 meters above grade level, the deck
must be protected by a fence installed in accordance with the provisions in
the Québec Construction Code - Chapter 1, Building.
5.6.15.6
Equipment close to the pool
To prevent children from climbing up to access the pool, any device connected to
its operation, SPA or any other ancillary equipment must be installed at more
than one (1) meter from the edge of an above-ground pool wall or, as the case
may be, the fence surrounding the pool.
The pipes connecting the equipment to the pool must be flexible and must not
facilitate children climbing up or over the pool wall or the fence.
Notwithstanding the first subparagraph of the current section, any equipment may
be located less than 1 meter from the pool or the fence, when installed:
10 Inside the enclosure when the specifications listed in section 5.6.15.2
(Controlling access to an in ground or semi-inground) pool) are respected;
20 Beneath a structure that prevents access to the pool from the equipment;
30 Inside a shed.
(By-law 720-119, sec. 13)
A structure or fixed equipment likely to be used for climbing over the wall or the
enclosure must also be installed at more than one (1) m from the pool wall or, as
the case may be, the enclosure. That minimum distance applies to a window
situated less than 3 m from the ground, except if its maximum opening does not
allow the passage of a spherical object more than 10 cm in diameter.
(By-law 720-120, sec. 7)
5.6.16
HOT TUB (SPA) WITH A CAPACITY NOT EXCEEDING 2000 LITRES
In addition to the standards prescribed in section 5.6.2, a hot tub with a capacity
not exceeding 2000 litres must meet the following conditions:
a) It must be installed in a side, rear or secondary front yard;
b) It must be equipped with a cover that is kept closed whenever it is not in use;
c)
Repealed (By-law 720-106, sec. 1);
d)
If the spa is installed inside an ancillary building, the door of this building
must be fitted with an automatic self-closing / self-locking mechanism.
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43
e)
To restrict access from the yard, a spa must at all times be surrounded by
an enclosure that is at 8east 1.50 metres in height.
(By-law 720-120, sec. 8)
A hot tub with a capacity in exceed of 2000 litres must respect the same
standards as an in ground or semi-inground pool.
5.6.17
POOL SHELTER
In addition to the standards prescribed in section 5.6.2, a pool shelter is
authorized on condition that it will not visible from a public street. Also, the height
of the shelter must be lower than the height of the fence. The shelter may not be
considered as a fence for the purposes of the present by-law.
5.6.18
SATELLITE DISH
In addition to the standards prescribed in section 5.6.2, a satellite dish is
authorized under the following conditions:
a) It may be installed only on a side or rear wall, or on the roof, of a main
building;
b) If installed on a side wall, it must be located at least 2 meters from the front
façade wall;
c)
If installed on a roof, it must be fixed on the back half of the roof;
d) The satellite dish must not exceed 1 meter in diameter;
e) The maximum number is 2 dishes per dwelling unit.
5.6.19
VERTICAL ANTENNA FOR THE RECEPTION AND BROADCASTING OF RADIO OR
TELEVISION SIGNALS
In addition to the norms prescribed in section 5.6.2, a vertical antenna is
authorized under the following conditions:
a) Whether it is erected on the ground or the roof of a building, the vertical
antenna must not rise more than 5 meters above the highest point of the
main building, excluding the chimney;
b) The vertical antenna must not exceed 20 meters in height, measured from
grade level;
c)
If the antenna is installed on the roof of the main building, it must be installed
on the back half of the roof;
d) If the antenna is fixed to the building, it must be fixed on the rear wall of the
main building or on the side wall 2 meters away from the front façade wall.
Under no circumstances may the antenna be fixed to a building's front
façade wall;
e) If the antenna is installed on the ground, it may not be installed in the front or
the secondary front yard and must be placed at least 4.5 meters from the
side and rear landsite lines; in addition, the antenna must be solidly
anchored to the ground.
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5.6.20
TELECOMMUNICATIONS ANTENNA TOWER
A telecommunications antenna tower with a diameter at the base greater than 50
centimeters is considered to be a main structure in the "Communication and
Public Utility Service (U)" group of usages. The communications antenna tower
must be accompanied by a service building.
a) Location
A telecommunications antenna tower is authorized in Zone U300 only.
b) Maximum number of telecommunications antenna towers
i. A maximum of 3 telecommunications antenna towers is authorized in
Zone U300 only.
ii. A
minimum
distance
of
1
kilometer
is
required
between
telecommunications antenna towers.
c) Height of a telecommunications antenna tower
The height of a commercial telecommunications antenna tower must not
exceed 50 meters, measured from the ground where it is erected.
d) Service building
A service building, ancillary to a telecommunication tower antenna, is
authorized subject to the following conditions:
i. Its maximum height is 4 meters;
ii. Its maximum floor area is 15 square meters;
iii. Only heavy masonry is authorized as an exterior cladding material for
the service building.
5.6.21
HEAT PUMP AND OTHER MECHANICAL EQUIPMENT
In addition to the norms prescribed in section 5.6.2, the installation of a heat
pump or other mechanical equipment is authorized subject to the following
conditions:
a) The intensity of the noise resulting from the separate or combined operation
of a heat pump, heating, air conditioning or ventilation equipment, a pool
filter, a generator or any other such equipment, must not exceed 55dBA,
calculated at a height of one (1) meter along any landsite line where the heat
pump or other mechanical equipment is installed. This level of noise intensity
must be calculated using the A.R.I. 270 standard or equivalent.
b) A heat pump or mechanical equipment must be placed in the rear or side
yard. For a corner landsite or through corner landsite, the heat pump or
mechanical equipment may be installed in the secondary front yard.
When installed in a yard adjacent to a street, a heat pump and/or any
mechanical equipment must be hidden by an opaque fence, an evergreen
hedge or a screen, if visible from the street.
5.6.22
EXTERIOR STORAGE OF FIRE WOOD
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45
In addition to the norms prescribed in section 5.6.2, it is permitted to store
firewood for domestic purposes outside, provided that:
a) The firewood is exclusively for the use of the occupant and will not be sold;
and
b) The wood is stacked and secured appropriately in the rear or side yard or on
the porch.
5.6.23
WINDMILL
Windmills are prohibited on the territory of the City of Beaconsfield.
5.6.24
COMPOSTER
In addition to the requirements stipulated in section 5.6.2, a composter is
permitted provided it is designed to prevent animals from accessing the organic
matter.
(By-law 720-100, sec. 8)
5.6.25
Privacy wall
A privacy wall in the case of a building belonging to the class of usages of single-
family house use class (h1) can be erected under the following conditions:
a) For a detached single family residence, a privacy wall can be erected
adjacent to patio or a gallery without exceeding its outermost dimensions.
i) The combined maximum height of the patio or gallery and the
privacy wall measured from the ground must be less or equal to:
- 2.6 meters in the case of a patio
- 3.2 meters in the case of a gallery
b) For a semi-detached or attached single family residence, a privacy wall can
be erected between each residential units under the following conditions:
i) A privacy wall can be installed at the limit of the property on the side of
any adjoining wall or within 2 meters of it;
ii)
In order to ensure the privacy of the properties on either side of the
residential units, a privacy wall of a minimum height of 1.83 meters
must be integrated into the gallery on the side corresponding to the
adjoining wall.
iii)
The combined height measured from the gallery floor and privacy wall
must be equal or less than:
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46
-
3 meters for any part of the gallery located 3.7 meters or less
from the wall of the main building;
-
2 meters for any part of the gallery located more than 3.7
meters from the wall of the main building.
Only non-prohibited materials under section 5.5.1 are permitted for a privacy
wall."
(By-law 720-119, sec. 14)
5.7
FENCE
5.7.1
REQUIREMENT TO INSTALL A FENCE
Exercising a usage or carrying out authorized construction in conformity with this
by-law requires the installation of a fence in the following cases:
a) Outdoor storage
b) Installation of an in-ground or above-ground pool
c)
Installation of a hot tub
d) Construction or excavation presenting a risk to public safety.
e) In the protection area of a wetland of interest to be protected or restored, as
indicated in Appendix E "Wetlands " of the present by-law, any adjacent part
of a lot that contains a building and is adjacent to a wetland or its protection
area without encroaching upon it must be fenced. This fence must have no
openings or access toward the wetland or its protection area.
(By-law 720-130, sec. 1)
5.7.2 FENCE LOCATION
A fence must be situated on the same landsite as the main building.
No fence may be erected in the front yard of a building. Notwithstanding the foregoing, a
fence may be erected in the front yard of a building only in the following cases and under
their respective conditions:
a) The fence is erected more than 15 metres from the front line;
b) The fence is a low wall not exceeding 1.2 metres in height. A low wall cannot be
installed in the front yard of a property adjacent to Lake St-Louis;
c) The fence is erected on a property occupied by the "Institutional and
recreational", "Park", or "Public utility" use groups and classes, exclusively;
d) Notwithstanding any provision contrary to this by-law and paragraph a), b) and c)
of the present section, for a landsite of a minimum depth of a 100 metres, in
order to maintain or create a visual breakthrough from the public thoroughfare
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towards Lake St-Louis, the fence is erected on a lot adjacent to Lake St-Louis
and Beaconsfield Boulevard, occupied by the "single family (h1)" use class of the
"Housing" (H) use group, under the following conditions:
i.
It must be entirely erected within the landsite of the main building;
ii.
It must be made of wrought iron;
iii.
It must contain an opening permitting vehicular access to the property. If a
door is installed, it must be a maximum of 7.5 metres wide and be
equipped with an automatic closing system;
iv.
The distance between the vertical bars must be at least 10 centimetres;
v.
Horizontal bars shall be installed on the private property side;
vi.
Notwithstanding Section 5.7.3 of this by-law, the maximum height of the
fence shall be 2 metres;
vii.
The fence may not contain any signage.
(By-law 720-124, sec. 2)
5.7.3
FENCE HEIGHT
For all usage classes, with the exception of "Institutional and public recreation,"
"Park," and "Public Utilities", a fence may not be higher than 2 meters, measured
at a distance of 1 meter from this fence, on the inside or outside, whichever has
the higher grade level. (See Illustration 6 below)
Notwithstanding the first paragraph, the maximum height for a fence located in
the back yard adjacent to the highway 20 is 3 meters.
Illustration 6
5.7.4
MATERIALS PROHIBITED FOR A FENCE
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48
The following materials are prohibited for a fence:
a) Chicken wire;
b) Plywood or particle board;
c)
Snow fencing;
d) Barbed wire;
e) Chain link fences without a vinyl coating for residential usage.
f)
Notwithstanding any provision contrary to this by-law, for residential use, a
chain link fence covered with a vinyl coating located other than along the rear
and side property lines or secondary front in the case of a corner landsite, a
through interior landsite or a through corner landsite.
(By-law 720-96, sec. 1; By-law 720-119, sec. 15)
5.7.5
FENCE ADJACENT TO ST-CHARLES BOULEVARD
A fence adjacent to St-Charles Boulevard must be built as follows (see
Illustration 7 below):
a) Height is 1.83 meters measured from the level of the sidewalk;
b) It must be built with treated wood, left in its natural state on the City side;
c)
Board width is 15 centimeters with no spaces between the boards;
d) Horizontal rails must be installed on the private landsite side;
e) The fence must be made up of sections approximately 3 meters in width;
f)
Section must have 10cm X 10cm posts at either end;
g) Posts must be installed in concrete or stone dust;
h) Post must be buried to a depth of 1.2 meters;
i)
Rust-proof nails must be used when constructing the fence.
Illustration 7
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49
5.7.6
FENCE CONSTRUCTION
A fence must be solidly constructed and fixed to the ground.
5.7.7
FENCE MAINTENANCE
A fence must be properly maintained and kept braced and level at all times.
5.8
DECORATIVE FENCE
A decorative fence is authorized as an ancillary structure under the followings
conditions:
a) It must be situated on the same landsite as the main building;
b) It may be erected in all the yards;
c)
Its height may not exceed 1.20 meters. The height is measured at the
location where the fence is installed;
d) Materials prohibited for a decorative fence are the same as those prohibited
for a fence;
e) It must be solidly constructed and fixed to the ground;
f)
It must be properly maintained and kept braced and level at all times.
5.9
FENCE AROUND A TENNIS COURT
A fence around a tennis court in a residential zone must meet the following
requirements:
a) It must be no higher than 4 meters;
b) It may not be located in a front yard or in a secondary front setback;
c)
It must be a vinyl-clad chain link fence or a wrought iron fence.
5.10
PARKING
5.10.1
REQUIREMENT FOR AND PERMANENCE OF A PARKING SPACE
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50
Parking requirements are obligatory, continuous and prevalent for all usages and
in all zones as long as the usages for the parking spaces continue.
Requirements for parking necessarily apply to all new building construction work,
work to enlarge a main building, a change in the group of usages and the
landscaping of the landsite. In the case of an extension, these norms only apply
to the extension itself.
5.10.2
COMMERCIAL CONTAINER, TRACTOR AND TRAILER IN A RESIDENTIAL ZONE
Containers, tractors, trailers, or additional tools or equipment normally used or
meant to be used for industrial or commercial purposes are not authorized in a
residential zone.
5.10.3
PARKING OF ANY RECREATIONAL VEHICLE, TRAILER OR BOAT FOR DOMESTIC USE IN A
RESIDENTIAL AND COMMERCIAL ZONE
The parking of any recreational vehicle, trailer or boat for domestic use in
residential and commercial zones is authorized in the side and rear yards only,
except during the season in which they are in use, when parking may be
authorized in the driveway.
A maximum of 2 vehicles is authorized at any time of year on the same landsite.
Moreover, notwithstanding the current paragraph, a trailer may be authorized in
addition to the 2 vehicles if the trailer is not used to hold equipment. In that case,
the trailer will be considered as an integral part of the equipment.
5.10.4
NUMBER OF PARKING SPACES
Minimum and maximum parking standards must be respected at all times.
The minimum number of parking spaces is calculated according to the total area
of floor space, or according to a specific parameter.
When the number obtained is a fraction equal to or greater than 0.5, this fraction
represents a whole parking space.
A gross leasable floor area shall be equivalent to 80% of the gross floor area of a
building.
a) For residential use
i.
Single-family housing and two-family housing: 1 space per dwelling.
ii.
Multi-family housing: 1.2 parking space per dwelling plus 10% for visitors.
iii.
Communal residence: 1 parking space per 4 units plus 10% for visitors;
iv.
Nursing home: 1 parking space per 2 rooms
b) For commercial use
i.
Retail business, personal and professional services: 1 parking space per
30 m2 of gross leasable area.
ii.
Business with premises larger than 500 m2: 1 parking space per 25 m2 of
gross leasable area.
c) Shopping centre:
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i.
Less than 10,000 m2 of total gross floor area: 1 parking space per 25m2
of gross floor area.
ii.
10,000 m2 or more of gross floor area: 1 space per 20 m2 of gross floor
area.
d) Restaurant business: 1 space per 4 seats or 1 space per 10 m2 of gross
leasable area (the greater of the 2 applies).
e) Beaurepaire commercial sector (Zone C120 ) :
i.
1 space per 45 m2 of gross leasable floor area.
f)
Recreation business: 1 parking space per 25 m2 for a space without
accessible public seating. For a space with seats, 1 parking space per 5
seats should be added.
g) Lodging services: 1 parking space per 2 rooms
h) Day care and day care centre:
i.
0.30 parking space per child
i)
Wholesale business and warehousing:
i.
1 parking space per 75m2 of gross floor area.
j)
Gas station: Minimum of 3 parking spaces per landsite
i.
With auto repair services: 7 additional parking spaces for the garage
section.
ii.
With a convenience store: 1 additional parking space / 40 m2 of gross
floor area.
k) Institutional and administrative:
i.
School: 1 parking space per classroom plus 5 parking spaces for
administrative services.
ii.
Place of Worship: 1 parking space per 7 places.
l)
Other usages: For usages not previously mentioned, the number of spaces is
determined by considering the requirements described in the current section
for a comparable use.
m)
With the exception of a use that is part of the residential group (H), the
number of parking spaces in a building located less than 500 metres
from a train station cannot exceed 25% of the prescribed minimum.
(By-law 720-119, sec. 16; By-law 720-129, sec. 3 and 4)
5.10.5
LOCATION OF PARKING SPACES FOR RESIDENTIAL USE
a) All vehicles must park in the place planned for this purpose;
b) For residential use, parking space must be situated on the same landsite as
the building that it serves.
c)
For detached or semi-detached single-family homes or for communal
residences housing less than 15 people or non-autonomous or semi-
autonomous seniors, the parking space may be indoors or outdoors. If an
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outdoor parking area is created, this may be located in a front or side yard,
and in the case of a detached garage, in the rear yard, in a driveway or
access aisle.
d) For multifamily dwellings, communal residences housing 15 or more people,
and integrated residential projects for multi-family dwellings, parking must be
indoors. However, parking spaces for visitors may be created outdoors.
e) A maximum of 40% of the front yard may be used for outdoor parking,
including the driveway or access aisle. Moreover, in the case of a corner
landsite, a maximum of 20% of the front yard may be devoted to outdoor
parking, including the driveway or access aisle. Motor vehicles may be
parked only in designated parking spaces and in the driveway or access
aisle.
f)
Single-family row houses and integrated residential projects with single-
family row houses must offer at least 1 indoor parking space per home.
Parking is permitted in the access aisle.
5.10.6
LOCATION OF PARKING SPACES FOR OTHER USAGES
For usages other than residential, the layout of parking spaces must respect the
following requirements:
a) The spaces must be situated in the place planned for this purpose and on
the same landsite as the building that they serve.
b) The spaces must be situated in all the yards, provided that no parking space
is situated less than 1 meter from any landsite line.
5.10.7
SIZE OF A PARKING SPACE AND A CIRCULATION AISLE
The minimum dimensions of a parking space are as follows:
a) Length: 5.50 m
b) Width: 2.5 m
Depending on the angles of the spaces, the minimum width of a circulation aisle
must conform to the following table:
Angle of the space
Width of the circulation aisle (meters)
00
3.5
300
4.5
450
4.5
600
6.0
900
6.5
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Illustration 8
5.10.8
ACCESS POINTS AND CIRCULATION AISLES
a) For residential use, the number of access points is limited to 1 per landsite,
with the exception of St-Charles Boulevard, Beaconsfield Boulevard,
Woodland Street, Sherbrooke Street, Windermere Street, Montrose Street
and Lakeshore Road where the maximum number of access points is 2;
b) For a residential use, a minimum distance of 7.0 meters between 2 access
points on the same landsite is required;
c)
For commercial use, the number of access points is limited to 1 per 30
meters;
d) The width of a single access point used for both the entry and departure of
vehicles must be between 5 meters and 7.5 meters, except for non-
residential usages, in which case the maximum width is 10 meters;
e) In a case where the landsite has more than 1 access point, the width of the
access aisle must be between 3 meters and 5 meters;
f)
The circulation and access aisles may not be used as parking areas except
for a residential usage;
g) The layout of parking areas with more than 3 spaces must allow vehicles to
enter and exit without the drivers having to move another vehicle;
h) The slope of an access ramp may not exceed 8%. For parking spaces below
street level, preventive measures must be taken to avoid surface water from
the public road from flowing onto private landsite.
i)
Notwithstanding subsection a) hereinabove, the number of access for a
residential use of a corner landsite is limited to a maximum of two, providing
that they do not allow a vehicular link between the two accesses and that
they are not located on the same street. The width of a single access point is
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measured from the dividing line between a landsite and the right-of-way of a
street.
(By-law 720-100, sec. 9; By-law 720-119, sec. 17)
5.10.9
MINIMUM DISTANCE FROM AN INTERSECTION
The access aisle or driveway to a residential landsite must be at least 6 meters
from the intersection of 2 street lines and must be at least 10 meters from the
intersection of 2 street lines for all other usages.
5.10.10
INSTALLATION OF A PARKING AREA OF MORE THAN 465 M2
The installation of a parking area of more than 465 m2 must meet the following
requirements:
a) It must be equipped with a rainwater drainage and retention system in
accordance with the provisions of the City of Beaconsfield's Construction By-
law;
b) It must be laid out in such a manner as to facilitate the removal and piling of
snow without reducing its parking capacity to below the minimum number of
space required by section 5.10.4 of the present by-law;
c)
It must be laid out in such a manner as to create a bio-retention system, by
installing strips of green space and by creating openings to direct runoff as
show in Appendix C of the present by-law;
d) Plans, prepared and signed by a civil engineer, providing for a complete
rainwater drainage and retention system, in accordance with the provisions
of subparagraph a) above, must be submitted and approved. The retention
calculations for this system must be based on the total number (100%) of
parking spaces required in section 5.10.4 of the present by-law.
5.10.11
MAINTENANCE OF A PARKING LOT
A parking lot must be installed and maintained in conformity with the following
provisions:
a) Except for a single-family usage, the parking area must be asphalted or
covered by a permeable surface.
b) With the exception of a parking space created for single-family and two-
family use, the parking area must be surrounded by a cement border of a
minimum height of 15 centimeters. This border may not be situated less than
1 meter from a landsite line or a building.
c)
A fence that is 80% opaque or a dense hedge must divide a commercial
parking lot from an adjacent residential landsite. The height of this fence
must be between 1.5 meters and 2 meters. The prescribed height must be
measured from a point situated 1 meter from this fence, inside or outside,
whichever has the higher grade level.
d) The owner must, on one or a number of sides of the landsite facing a street
line, plant and keep in good condition a strip of grass, flowerbeds or bushes
at least 1 meter wide along the entire width of the landsite, between the
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landsite and the street, with the exception of the access aisles leading from
the parking area to this street.
5.11
BICYCLE PARKING AREA
An area for bicycle parking must be planned for all usages in the "Commercial"
and "Institutional and public recreation" groups of usages, and for the usage
"Train station".
Standards for this parking area apply not only to construction for a new usage,
but also to any enlargements.
5.11.1
LOCATION OF A BICYCLE PARKING AREA
The bicycle parking area must be situated near the building's entrance or the
platform of a train station.
5.11.2
LAYOUT OF A BICYCLE PARKING AREA
The parking area for bicycles must be visible and accessible and provide
adequate lighting. Furthermore, on the platform of a train station, a bicycle
parking area must be in an area sheltered from the weather.
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5.11.3
NUMBER OF SPACES REQUIRED FOR BICYCLES
The standards relating to the number of spaces required for necessary bicycle
parking must be respected at all times.
The minimum number of spaces required and provided for bicycle parking must
represent 5% of the number of parking spaces required for use.
(By-law 720-129, sec. 5 and 6)
5.12
PARKING SPACE RESERVED FOR INDIVIDUALS WITH DISABILITIES
Any parking space for individuals with disabilities must be installed and
maintained according to the provisions in sections 5.12.1 to 5.12.6, unless
otherwise indicated in the present by-law.
5.12.1
OBLIGATION TO PROVIDE PARKING SPACES FOR INDIVIDUALS WITH DISABILITIES
All usages in the "Commerce", "Institutional and public recreation" and
"Communal residence" groups of usages, and the "Public works" and "Train
station" usage classes, must provide parking spaces reserved for the motor
vehicles of individuals with disabilities.
5.12.2
SIZE OF PARKING SPACES
Each parking space reserved for the motor vehicles of individuals with disabilities
must have the following minimal dimensions:
a) Length: 5.50 meters
b) Width: 2.50 meters
5.12.3
CLEARANCE AROUND PARKING SPACES RESERVED FOR INDIVIDUALS WITH
DISABILITIES
Each parking space reserved for individuals with disabilities must have a side
access aisle at least 1.50 meter wide along the length of the space, on both sides
of the space. (See Illustration 9 below)
Illustration 9
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This side access aisle may be shared by two adjacent spaces if the angle of the
space is at 90° to the circulation aisle.
5.12.4
NUMBER OF REQUIRED PARKING SPACES
For all usages in the "Commerce" "institutional, recreational" and "Collective
equipment and public services" groups of usages, and the "Train station" class of
usages, a minimum of 1 parking space per group of 25 parking spaces must be
installed and reserved for individuals with disabilities. (By-law 720-119, sec. 18)
5.12.5
LOCATION OF PARKING SPACES
The location of any parking space reserved for individuals with disabilities must
meet the following standards:
a) Be situated on the same landsite as the building that it serves;
b) Be situated as close as possible to an entrance with access for individuals
with disabilities. The path to the door must be free of obstacles.
5.12.6
LAYOUT OF PARKING SPACES
The layout of parking spaces reserved for individuals with disabilities must
respect the following standards:
a) Each parking space must be clearly delineated on the ground and identified
by the international symbol of accessibility for parking spaces reserved for
individuals with disabilities, as illustrated below, and painted in blue:
Illustration 10
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b) A designated parking space for the disabled must be identified by a panel
recognized in the Highway Safety Code (R.S.Q., c. C-24.2) and in the
Regulation respecting road signs (R.Q., c. C 24, r.28). The panel must be
fixed to the top of a post installed at the front end of every designated
parking space for the disabled. When a space is less than 1 m from the wall
of a building, the panel may be fixed to this wall. In all cases, the top of the
panel must be at a height of between 2.1 m and 3 m.
5.13
LOADING AREAS
For a usage in the "Commercial" group of usages, a loading area must be
provided for each commercial establishment.
5.13.1
LOCATION OF LOADING AREA
The loading area must be entirely situated on the landsite that it serves. It is
authorized only in the side and rear yards of the landsite.
In the case of a corner landsite and a through corner landsite, a loading area may
be situated in the secondary front yard on condition that this loading area is
entirely concealed by a wall comprised of the same material as the main building.
5.13.2
MANOEUVRING AREA
The manoeuvring area must be entirely situated on the landsite that it serves.
The loading area must be surrounded by a manoeuvring area large enough that
vehicles can access it and change direction without blocking the public road.
In the case of a corner lot and a through corner lot, a manoeuvring area may be
situated in the secondary front yard on condition that it is entirely concealed by a
wall comprised of the same material as the main building.
5.13.3
MINIMUM NUMBER OF LOADING AREAS REQUIRED
A minimum of 1 loading area is required for a usage in the "Commercial" group of
usages.
However, in the case of a commercial usage where the total area exceeds 465
m2, a loading bay is also required.
5.13.4
DIMENSIONS OF A LOADING AREA WITH A LOADING BAY
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The minimum dimensions of a loading area with a loading bay are as follows:
a) Length:
9 m
b) Width:
3 m
c)
Free height: 4 m
5.14
EXTERIOR LANDSCAPING
Unless otherwise indicated, the standards contained in the present section apply
to all zones and all usages.
5.14.1
LANDSCAPING OF FREE RESIDUAL SPACES OF A BUILT LANDSITE
Around a building, all free residual space of a landsite must be levelled and
covered with grass or vegetation. This space must be kept in good condition at all
times.
With the exception of use "Daycare" of the group of usages "Commercial" or a
use part of the group of usages « Institutional and Public (INST) » or « Park and
public spaces (P) » under no circumstances, a free residual space be made of
synthetic or artificial turf.
(By-law 720-119, sec. 19; By-law 720-122-1, sec. 1)
5.14.2
LANDSCAPING OF THE FRONT YARD
The front yard must be have natural landscaping, with the exception of accesses
and parking paths.
For new residential buildings, the front yard must be landscaped and have a
minimum planting of trees, in accordance with section 5.16.5.
Each tree planted must have a minimum diameter of 5 centimeters measured at
1.5 meters from ground level. However, a conifer must have a minimum height of
2 metres.
Taking into account the layout of the public domain and when the building
alignment allows it, sufficient space must be reserved to allow the planting of a
tree and its growth to maturity.
(By-law 720-129, sec. 7)
5.14.2.1
LANDSCAPING OF A YARD OTHER THAN A FRONT YARD FOR HOUSING
USAGE GROUP
A strip of a minimum width of 2 metres along the property limit of the back yard,
the side yard, and, in the case of a corner lot, the secondary front yard, of a
single-family residence must be preserved and maintained with grass, vegetation,
crushed stone or river stone.
Notwithstanding the preceding paragraph, only the following constructions or
landscape can impede in the strip:
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-
pool sidewalk not exceeding 2 metres in width
-
pool
-
shed or pool house
-
detached garage
-
domestic greenhouse
-
retaining wall
-
pressurized gas tank
-
fence
-
acoustic wall
-
sidewalk with a maximum width of 1 metre located between the wall of an
attached garage and a lateral line of a property
-
vehicular access aisle located in a lateral yard leading to an attached garage,
in which case a minimum strip of 1 metre is required.
A green strip is not required along the shared lot line of semi-detached and
attached single-family dwellings.
(By-law 720-109, section 1)
5.14.3
LANDSCAPING OF A VACANT LOT
All landsite left vacant following the demolition of a main building must be levelled
to the same level as the natural ground.
In the case where construction work for a new building on this landsite is not
planned in the 6 months following demolition, the landsite left vacant must be
covered in grass and regularly maintained by the owner.
5.14.4
LANDSCAPING OF A RIGHT-OF-WAY ON A PUBLIC THOROUGHFARE
A right-of-way on a public thoroughfare must be maintained at all times by the
owner or occupant of the adjacent landsite.
A right-of-way on a public thoroughfare must be grass-covered except for the
access to a parking space, in which case it must be paved.
All such turfing of a right-of-way, located at least 45 centimeters from the inside
edge of the sidewalk, the curb or the edge of the pavement, must be at least 5
centimeters lower than the sidewalk, the edge of the street or the edge of the
pavement.
Any automatic sprinkler system must be installed at least 1 meter from the inside
edge of the sidewalk, the curb or the edge of the pavement.
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5.14.5
MANAGEMENT OF A DITCH ADJACENT TO A PUBLIC THOROUGHFARE
Ditches must be covered with a layer of natural ground material and maintained
at all times by the owner of the adjacent landsite. The ditch may not be closed in.
5.14.6
VISIBILITY AT INTERSECTIONS AND CURBS
For properties situated at the intersection of two streets, a triangle of visibility free
from any obstacle higher than 1 meter measured from street level must be
respected.
This triangle must be 6 meters away from the side of each intersection; this is
measured from the point of intersection of the two street lines or their extensions.
(See Illustration 11 below)
Illustration 11
Translation:
RUE = STREET
CHAUSEE = ROADWAY or PAVEMENT
TROTTOIR = SIDEWALK
GAZON = GRASS
EMPRISE = RIGHT-OF-WAY
5.15
INSTALLATION OF A PROTECTIVE SCREEN
5.15.1
OBLIGATION TO INSTALL A PROTECTIVE LANDSCAPING SCREEN
The installation of a protective landscaping screen is required in the following
situations:
a) Any new residential usage adjacent to a commercial or industrial usage must
include the installation of a protective landscaping screen on the residential
landsite where the new construction is to take place, between the residential
landsite and the commercial or industrial landsite;
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b) Any new commercial usage adjacent to a residential usage must include a
protective landscaping screen on the commercial landsite where the new
construction is to take place, between the commercial landsite and the
residential landsite.
5.15.2
GENERAL PROVISIONS FOR INSTALLING A PROTECTIVE SCREEN
When required by Section 5.15.1 of the present by-law, a protective screen must
consist of 1 of the 3 following types of screen:
a) Planting of vegetation
All vegetation planted during the installation of a protective screen must be
maintained and tended in perpetuity.
b) Fence, hedge and line of trees
This type of protective screen must be composed of 1 of the following 2
protective elements:
i.
A fence that is 80% opaque, the height of which must be in conformity
with the provisions in section 5.7.3 of the present by-law, or a dense
hedge;
ii.
A row of trees along this fence or hedge. The distance between the trees
must not exceed 5 meters. The trees must be 2 meters high, measured
from the ground up, and the bushes must measure at least 1 meter from
the ground up.
c)
Embankment in the case of a residential zone adjacent to a commercial or
industrial zone.
This type of protective screen must be comprised of the three following elements:
i.
An embankment (backfilled material possibly supported by a retaining
wall) at least 1.5 meters in height;
ii.
An average of 1 tree per 8 linear meters as a protective screen. At least
30% of these trees must be mature conifers. Each conifer must be at
least 1 meter in height measured from the ground up, and the other
trees must be at least 1.5 meters in height measured from the ground
up;
iii.
A continuous hedge at least 1 meter in height.
5.16
VEGETATION
5.16.1
PROTECTION OF TREES AND PLANTS ON A PUBLIC RIGHT-OF-WAY
It is forbidden to damage, trim or cut down any tree, bush or cultivated plant on
public property.
5.16.2
PROTECTION OF A FIRE HYDRANT, SERVICE ENTRANCE, LAMP POST OR TRAFFIC SIGN
No tree may be planted within 3 meters of the edge of a road, a public utility
underground conduit (sewer, aqueduct, catch basin or water valve) or a lamp
post on public property.
An area of 1.2 m2 must be kept completely clear around a fire hydrant.
No tree, part of a tree or bush may obscure a traffic sign.
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5.16.3
PROHIBITED TREE SPECIES
Under no circumstances may an ash tree be planted within the boundaries of
the City.
(By-law 720-101, sec. 3)
The species listed below may not be planted within 20 meters of the main
building, a right-of-way for the passage of water supply or sewer infrastructures,
or a landsite line, except along Lake St. Louis:
a) Poplars
b) High-growing species of willows
c)
Silver maples
d) Any other species with creeping roots
5.16.4
PROTECTION OF TREES
No one may fell a tree on private property, on a public property, in a wood or
metropolitan forest corridor, without first obtaining a certificate of authorization.
Despite the first paragraph, a certificate of authorization is not required when the
diameter of the tree to be felled is less than fifteen (15) centimetres, measured at
0.15 metres from the ground.
A certificate of authorization can only be issued in the following circumstances:
a) The tree is dead or in a state of irreversible;
b) The tree, based on the study of an arboriculture expert, is affected by
an irreversible situation caused by disease, a structural deficiency
affecting its solidity or causing serious damage to property. The normal
inconvenience linked to the presence of a tree do not constitute serious
damage, in particular the falling of twigs, leaves, flowers or fruits, the
presence of roots on the surface of the ground, the presence of insects or
insects. animals, shade, bad odours, sap or honeydew exudate or pollen
release;
c) The tree is located within the site area or within 3 metres of the site
area of a proposed construction, development or retaining wall authorized
in this by-law. For the purposes of this paragraph, a sign is not
considered a construction. However, in order to ensure the maintenance
of the tree, felling will only be authorized if the construction or
development cannot be located elsewhere on the land;
d) The tree must be felled because of the risk of it spreading a disease or
an invasive exotic species;
e) The tree prevents the creation, in the bank of a body of water, of an
opening 5 metres wide giving access to it, when the slope of a bank is
less than 30%;
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In all cases, the applicant must justify his request.
Any felled tree must be replaced, within twelve (12) months following the
issuance of the certificate authorizing the felling, by a tree that meets the
following requirements:
a) Its minimum diameter is 2.5 centimetres, measured 0.15 metres from
the ground;
b) Its height is at least 2 metres. However, a conifer can have a minimum
height of 1.5 metres;
c) It must reach at least 6 metres in height when mature.
However, in the event that the front yard does not contain any trees, the
replacement tree must be planted in the front yard.
Each owner is responsible for the maintenance of the trees located on his land
and in the grassy and unused part of the public right-of-way adjacent to his
property. Maintenance work must not have the effect of shortening the lifespan of
the tree and must be carried out in accordance with best practices.
(By-law 720-116, sec. 1 b); By-law 720-118, sec. 1; By-law 720-121-2, sec. 1
and 2; By-law 720-129, sec. 8)
5.16.4.1
Special provisions applicable to Zone H 131
Notwithstanding any other provision in this by-law, no person may cut down more
than two trees with diameters greater than 0.2 m measured at a height of 1.5
meters above grade level, in Zone H 131.
In the case of construction or enlargement requiring the felling of trees, 50% of
the trees with a diameter greater than 0.20 m measured at a height of 1.5 meters
above grade level may not be felled.
5.16.4.2
TREE FELLING
In addition to the usual meaning, any of the following situations are considered
to be a felling operation:
a)
The removal of more than 50% of the living branches;
b)
The sectioning, by uprooting or cutting, of more than 40% of the
root system;
c)
Covering the root system with excessive backfilling of 20 cm or
more;
d)
Any other action having a causal link with the death of a tree,
notably the fact of using a toxic product to kill a tree, the fact of destroying
the tree or the fact of carrying out or allowing more or less continuous
incisions all around a tree trunk in the bark, bast or wood.
(By-law 720-102, sec. 1; By-law 720-129, sec. 9)
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5.16.5
MINIMUM NUMBER OF TREES REQUIRED
The front yard of a main building having a depth of 3 metres or more must
provide sufficient space to allow the planting of a tree and its growth to maturity
and include the following minimum number of trees: 1 tree per 10 metres and per
fraction of 10 metres of linear length of front property line.
The side yard of a main building, 5 meters or more wide, must have the following
minimum number of trees: 1 tree per 10 meters and any fraction of 10 meters of
linear length of the side landsite line.
The rear yard of a main building with a width of 10 meters or more must include
the following minimum number of trees: 1 tree per 10 meters and any fraction of
10 meters of linear length of the rear landsite line.
Each tree planted must have a diameter of at least 2,5 centimetres, measured
between 0,15 metres and 0,30 metres from grade level and with a minimum
height of 2 metres. However, a conifer may have a minimum height of 1,5
metres.
The minimum number of trees required applies to all new construction and
expansion of a property located in a residential zone
(By-law 720-121-1, sec. 1; By-aw 720-129, sec. 10 and 11)
5.16.6
PROTECTIVE PERIMETER
A minimum protective perimeter must be established around a tree, to avoid any
passage of machinery, storing of earth or materials, excavation work or
permanent raising of the existing grade level.
The radius of the protective perimeter must be equivalent to at least 10 times the
diameter of the trunk measured at 1,5 metres for grade level.
(By-law 720-121-1, sec. 2)
5.16.7
PROTECTION OF TREES DURING CONSTRUCTION WORK
Each tree situated on a private landsite for which a building permit has been
issued, the felling of which has not been authorized by a certificate of
authorization, must be protected by a protective fence, with boards to a height of
at least 1.5 meters, placed around the protective perimeter of the tree, and kept
in place throughout the entire duration of the work (including construction,
renovation or landscaping work, and the installation of an in-ground pool). (See
Illustration 12 below)
In circumstances where it is technically impossible to meet the requirements of
the previous clause, the following requirements are mandatory:
a) A protective element must be installed around the trunk of the tree, at least
1.5 meters high measured from the base of the trunk, made of planks or
boards supported on strips of rubber and held in place by steel bands;
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b) A geotextile cover permeable to air and water and a temporary layer of non-
compacting material at least 30 centimeters deep must be spread on the
ground below the tree out to the drip line;
c)
Branches susceptible to damage must be protected or pruned. Despite these
measures, branches damaged during work must be pruned soon thereafter;
d) Roots exposed during excavation must be cleanly trimmed. Exposed roots
must be kept moist during the entire period of the work; and
e) No tree should be used as a support during construction, demolition or
grading work.
Illustration 12
Translation:
10x the diameter of the trunk
Min. 1.5 m
5.16.8
PROTECTION OF TREES OF PARTICULAR ECOLOGICAL OR AESTHETIC VALUE
In the case where a permit is issued for new construction or an enlargement, the
work must be accomplished in such a way as to maximize the conservation of
any trees of particular ecological or aesthetic value.
The City will evaluate the trees to be preserved.
During the construction work, each of these trees must have its trunk protected,
as specified in sections 5.16.6 and 5.16.7 of the present by-law.
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5.16.9
BAN ON INVASIVE SPECIES
No invasive species listed in Appendix D of the present by-law may be used on a site
located less than 100 metres of a natural environment that is protected or in the
process of being protected, or of a local park that includes natural environments of
interest identified on the plan entitled "Map 15 - Territories of Ecological Interest" of the
Land use planning and development concept of Montreal agglomeration (RCG 14-029),
or of a wetland of interest identified in Appendix E "Wetlands" of the present by-law.
(By-law 720-121-1, sec. 3; By-law 720-129, sec. 12, By-law 720-130, sec. 2)
5.16.10
EXCEPTIONAL MEASURES CONCERNING LAND OF MORE THAN 3,000 SQUARE METRES
INCLUDING A MANAGED FOREST OR LOCATED IN A WOOD AND METROPOLITAN FOREST
CORRIDOR
Notwithstanding section 5.16.4, a certificate of prior authorization is mandatory for
anyone wishing to fell ash trees on land with an area of more than 3,000 square
metres comprising a managed forest or located in a wood and metropolitan wood
forest.
A 5-year forest management plan must be submitted and must include a plan to
replace the felled trees that may not be less than 30% of the actual number of ash
trees.
(By-law 720-101, sec. 4; By-law 720-114, sec. 4; By-law 720-121-1, sec. 4; By-
law 720-129, sec. 13 and 14)
5.16.11
EXCEPTIONAL MEASURES CONCERNING A LOT OF MORE THAN 3,000 SQUARE METRES
AND INCLUDING AN UNMANAGED FOREST
Notwithstanding sections 5.16.4 and of section 5.16.10, a certificate of
authorization is required in advance for anyone wishing to fell ash trees on a lot of
more than 3,000 square metres and including an unmanaged forest.
(By-law 720-114, sec. 5; By-law 720-121-1, sec. 5)
5.16.12
Dead or dangerous tree
Any tree located on private property, which is dead or whose condition in whole or in part may
cause a danger to public safety, shall be pruned or felled within six (6) months of the
determination of its condition by the designated officer.
Notwithstanding the first paragraph, any dead ash tree shall be felled within six (6) months of
the designated officer's determination of its condition.
(By-law 720-121-1, sec. 6)
5.17
DIGGING, EXCAVATION AND BACKFILLING WORK
5.17.1
GENERAL RULES ON PUBLIC PROPERTY
It is forbidden to dig the soil or carry out any excavation or backfilling work on
public property without having first obtained a certificate of authorization, unless:
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a) The work is done by the City and constitutes a normal stage in the
construction, reconstruction, repair or maintenance of public infrastructures
or utilities;
b) The work is done by a public service company or by the government and
constitutes a normal stage in the repair and maintenance of public
infrastructures or utilities.
5.17.2
GENERAL RULES ON A PRIVATE LANDSITE
It is forbidden to dig the soil or carry out any excavation or backfilling work on a
private landsite without having first obtained a certificate of authorization, unless:
a) The work constitutes a normal stage of the construction of a structure for
which a building permit has been issued;
b) The excavation work is to improve drainage to the storm sewer;
c)
The excavation/backfilling work is to level ground affected by an accident
without adding any new earth;
d) The excavation/backfilling work is to eliminate a safety hazard, provided that
in all cases:
i.
No tree will be affected;
ii.
No stagnant water will be created;
iii.
No backfilling work will be done within 1 meter of a landsite line and it
must not occupy more than 25% of the area of the yard where the
backfilling is taking place;
iv.
The nature of the work will facilitate drainage into the storm sewers.
5.18
RETAINING OR ACOUSTIC WALL
(By-law 720-97, sec. 2)
5.18.1
GENERAL PROVISIONS
a) A retaining wall must be constructed within the boundaries of the landsite
that it must support. Nonetheless, it must be built at least 60 centimeters
from a landsite line.
b) A retaining wall must be stable, possess a drainage system and present no
risk of collapse.
c)
One side of the wall shall be made of absorbing materials of a sound
transmission class of 31 or more and of a noise reduction coefficient of 1, in
accordance with standard ASTM E90-75;
d) The erection of an acoustic wall is strictly authorized on residential properties
where the rear landiste line is contiguous to zone U300 (Highway 20), in
accordance with the conditions pertaining to either one of the layout options
described below:
i) with enbankment
The wall shall be 3.0 metres high or less, located at a minimum
distance of 5 metres from the rear landsite line, on a 1.5 metre high
enbankment with a grade of 30% or less.
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ii) without enbankment
The wall shall be 4.5 metres high or less and located at a minimum
distance of 0.30 metre from the rear landsite line.
The preferred layout option, if applicable, must be identical for all properties
located in the same zone.
e) Notwithstanding any other provision, the erection of an acoustic wall along
the lateral landiste line is authorized where:
i) the concerned lot is contiguous to zones P226, P227 or P233; or
ii) the concerned property is a corner lot.
f) An authorized acoustic wall cannot exceed the rear landsite line of the
property.
(By-law 720-97, sec. 3)
5.18.2
HEIGHT OF A RETAINING WALL
A retaining wall must be no higher than 1.20 meters in the front yard and no
higher than 2 meters in the other yards.
If more than 1 retaining wall is erected, the walls must be at least 1 meter apart.
5.18.3
WIDTH AND DISTANCE BETWEEN SECTIONS OF A RETAINING WALL
In a case where a retaining wall has more than 1 section, the distance between
the sections must be equivalent to the height of the wall. (See Illustration 13
below)
Illustration 13
5.18.4
MATERIALS FOR A RETAINING WALL
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The only materials authorized for the construction of a retaining wall are the
following:
a) Natural or reconstituted stone
b) Masonry
c)
Architectural cement, except for cement blocks.
5.18.5
Acoustic Wall Features
Acoustic walls shall be built according to the following features:
a) made of extruded polyvinyl chloride (PVC);
b) all components must have tongue and groove features;
c) of a solid gray colour.
(By-law 720-97, sec. 4)
5.18.6
Maintenance
Retaining and acoustic walls shall be well maintained, squared, leveled and free
of graffitis.
(By-law 720-97, sec. 4)
5.19
Repealed (720-119, sec. 21)
5.20
ARCHITECTURAL AND DECORATIVE LIGHTING
Architectural and decorative lighting of vertical surfaces of residential buildings,
installed on the walls, under the overhang of the roof or on independent supports,
is authorized. Illumination must be directed towards the ground at all times.
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CHAPTER 6
SPECIFIC PROVISIONS TO GROUPS OF USAGES
(By-law 720-94-1, sec. 39)
6.1
SPECEFIC MEASURES APPLICABLE TO THE GROUP OF USAGES
"RESIDENTIAL"
This chapter stipulates the provisions applicable to all main buildings in each of the
City's zones.
Except for integrated projects, only one (1) main building shall be erected on a
landsite.
(By-law 720-94-1, sec. 40)
6.1.1
FIELD OF APPLICATION
Standards contained in the present section refer to all main and accessory
buildings of the "residential" class in all city zones.
6.1.2
SINGLE-FAMILY DWELLING - INSTALLATION STANDARDS
6.1.2.1
Maximum height of a single-family dwelling
The maximum height of a single family dwelling must conform to the specification
grid.
6.1.2.2
Maximum width for a single family dwelling
The maximum width for a single family dwelling must not exceed 25 meters.
Nonetheless, this length may be extended to 30 meters, if 30% of the total length of
the wall is back at least 1.5 meter for a minimum of 3 meters from the rest of the
building's façade. (See following illustration 14)
Illustration 14
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6.1.2.3
Number of stories
The maximum number of stories for a single family building is shown in the
specification grid for the appropriate zone. However, an existing attic space for a
building built before 1945 can be transformed into a living space without regard to
the maximum number of floors. Furthermore, the external appearance cannot be
altered with the exception of the addition of a window on a rear wall or in the back
part of the roof.
6.1.2.4
Calculation of the minimum front setback for an inserted building
In case of an insertion between 2 buildings having a facade on the same street,
the calculation for the minimum front setback of the inserted building is the
average between the front yards of the 2 adjacent buildings, but without being set
back from the front wall of the adjacent building farthest from the street or less
than the minimum rear setback in the zoning grid of the appropriate zone. (See
following illustration 15)
Illustration 15
Inserted building: Bâtiment C
Adjacent buildings: A and B
Calculation: front yard of building A + front yard of building B divided by 2 = minimum
front setback of building C
6.1.2.5
Minimal lateral setback for an existing attic over an attached garage.
An existing attic can be converted into a habitable space. The minimum required
lateral setback of the attic space over an existing attached garage may be
reduced to 1.8 meters under the following conditions:
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a) The attached garage must exist before the coming into force of the present
by-law;
b) The minimum lateral setback for an attached garage must be 1.8 meters;
c)
Such reduction can only be applied on one side of the building over the
existing garage;
d) The external appearance cannot be altered with the exception of the addition
of a window on a rear wall or in the back part of the roof.
6.1.3
INSTALLATION STANDARDS FOR ROW HOUSES
Row houses must not have more than 6 contiguous units and the total length
must not exceed 40 meters.
6.1.4
INSTALLATION STANDARDS FOR MULTIFAMILY DWELLINGS
6.1.4.1
Dimensions of walls
The front wall of a multi-family dwelling must not exceed 40 meters. However,
this length may be extended to 60 meters, if 30% of the total length of the wall is
back at least 1 meter for a minimum width of 3 meters from the rest of the
building's façade.
6.1.4.2
Recreational area of the common yard
Aside from the free spaces required by virtue of the provisions related to
setbacks and the depth of the yards of a multifamily dwelling, an outside
recreational area equivalent to at least 10% of the total area of the landsite must
be provided.
This exterior recreational area must be comprised of uninterrupted space at
ground level, excluding the area reserved for setbacks, so as to permit active and
passive recreational activities.
6.1.5
INSTALLATION STANDARDS FOR A COMMUNAL HOUSING
Aside from the free spaces required by virtue of the measures related to setbacks
and the depth of the yards for a communal housing, an outside recreational area
of at least 10% of the total area of the landsite must be provided.
This exterior recreational area must be comprised of uninterrupted space at
ground level, arranged so as to permit active and passive recreational activities
and does not include the area reserve for setbacks.
No parking space is permitted in the recreational area.
6.1.6
INSTALLATION STANDARDS FOR RESIDENTIAL INTEGRATED PROJECT
6.1.6.1
Minimal landsite area
a) The minimum area of land allotted to such a residential integrated project is
2800 m²;
b) The common yard must be at least 900 m² in area
6.1.6.2
Distance between 2 main buildings
The distance between 2 main buildings is calculated as follow:
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- 7 meters between 2 buildings of 2 stories and less;
- 10 meters between 2 buildings of 3 stories;
- 14 meters between 2 buildings of 4 stories and more.
6.1.6.3
Width of front wall
In a case where the entire development includes more than 6 contiguous units,
the length of the front wall of this development may not exceed 40 meters.
However, this length may be extended to 60 meters, if 30% of the total length of
the wall is set back at least 2 meters, for a minimum of 3 meters, from the rest of
the building's façade.
6.1.6.4
Architectural conception
In a residential integrated project, all the buildings must present a certain unity in
terms of architectural concepts and materials used on the exterior.
The exterior cladding materials of the main buildings must be identical.
6.1.6.5
Recreational area of the common yard
Aside from the free spaces required in virtue of the provisions related to setbacks
and the depth of the yards in a residential integrated project, an outside
recreational area of at least 10% of the total area of the landsite must be
provided.
This exterior recreational area must be comprised of uninterrupted space at
ground level, arranged so as to permit active and passive recreational activities
and does not include the area reserved for setbacks.
No parking space is permitted in the recreational area.
Walkways must be illuminated with lighting bollards.
6.1.6.6
Ancillary structure
When not otherwise specified in the present article (6), the requirements of
section 5.6.2 of the present by-law apply to a residential integrated project.
However, there may be no more than one (1) example of each type of ancillary
structures per residential integrated project.
Only the common part of a residential integrated project can be enclosed by a
fence or shrubs.
6.1.7
ADDITIONAL AUTHORIZED USAGES FOR "RESIDENTIAL" GROUP OF USAGES
6.1.7.1
General provisions
No residential dwelling or residential landsite may serve for the exercise of a
profession or trade or for a commercial purpose, subject to the provisions
outlined in this chapter.
No additional use for "Residential" group of usages is permitted without first
obtaining a certificate of occupancy provided for this purpose, as specified in the
City of Beaconsfield by-law on permits and certificates.
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6.1.7.2
Additional authorized usages
The following usages are authorized as additional for "Residential" group of
usages:
a) The renting of a maximum of 2 rooms per building, subject to the following
conditions:
i.
The location period is of at least 31 consecutive days or more;
ii.
Kitchen facilities are forbidden within these rooms;
iii.
There is at least 1 parking space per 2 rooms.
b) A family-type resource as defined in An Act respecting health services and
social services (L.R.S. chapter S-4.2) subject to the following conditions:
iv.
A maximum of 9 persons are housed in this residence;
v.
The bedrooms are single or double occupancy;
vi.
The minimum area of a room is 9 m²;
vii.
The minimum area of a double bedroom is 14 m²;
viii.
The bathrooms should be accessible without having to go up or down
more than one floor from the bedrooms;
ix.
When a room is provided with a toilet or bathtub with a shower, these
must be installed in an enclosed space;
vii.
The house must be provided with a toilet and a bathroom with a shower
for each group of 5 rooms;
viii.
Kitchen facilities are prohibited in the bedrooms.
c)
The exercise of a profession as listed in paragraph c) of Article 4.2.2.1 of the
present zoning by-law is authorized, subject to the following conditions:
i.
The use must occupy no more than 25% of the floor area of the building
that serves the principal function;
ii.
The use must be exercised within the interior of the building and must
not be visible from the outside;
iii.
The use must be exploited by the occupant. A maximum of 2 persons
living elsewhere than in the residence may work there;
iv.
The use must not give rise to any warehousing;
v.
The sale of products is authorized only if the products sold are related to
the profession;
vi.
No supplementary parking may be allocated to such a use;
vii.
A single sign related to this use may be installed on the outside wall of
the building, according to the provisions of chapter 8 (Provisions
pertaining to signage) of the present by-law;
viii.
No modification to the architecture of the main building aiming at
transforming the residential building into a commercial building is
permitted;
ix.
Subject to the provisions of the preceding sub-paragraphs, an attached
garage in existence before the coming into force of the present by-law
may be transformed into a professional office.
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d) An intergenerational dwelling may be integrated to the class of usages
"single family dwelling (h1)" under the following conditions:
i.
Only 1 intergenerational dwelling, also called, an "additional dwelling" is
authorized in a single-family house;
ii.
The house has only 1 address and 1 main entrance. Furthermore, it has
a single public utility entrance used by all occupants of the house;
iii.
Notwithstanding the preceding paragraph, an additional separate
entrance can be set up on the side or rear of the building;
iv.
The additional dwelling may be furnished with a kitchenette, a bathroom
and a bedroom;
v.
An attached garage in existence before the coming into force of this by-
law may be transformed as an intergenerational residence;
vi.
The extension or transformation, any other than of an existing attached
garage, of a main single family building to add an intergenerational
residence must be done according to the specification schedule of the
current by-law.
vii.
The additional dwelling cannot be located in a basement".
e) A bed-and-breakfast may be included in the usages of a "single-family home"
(h1), under the following conditions:
i.
A maximum of 3 units are for rent;
ii.
Meals are only served to clients of the bed-and-breakfast;
iii.
The installation of an identifying sign is authorized subject to the
provisions of Chapter 8 of the present by-law.
f)
A professional service may operate in an attached garage of a "single-family
home" (h1), within the limits of the following usages:
i.
Office of a professional exercising one of the following professions
regulated by the Professional Code (R.S.Q., c. C-26):
- Lawyer
- Notary
- Agronomist
- Architect
- Engineer (including Forestry Engineer)
- Land Surveyor
- Certified General Accountant, Chartered Accountant or Certified
Management Accountant
- Bailiff
- Geologist
- Social Worker
- Certified Human Resource and Industrial Relations Professional
- Urban planner
- Chartered Administrator
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- Accredited Appraiser
- Professional Technologist, with the exception of a technologist
associated with medical and healthcare services, paramedical or
therapeutic care;
ii.
Massage therapist, chiropractor, physiotherapist
iii.
Landscape architect
iv.
Secretarial, translation, typing or word processing services
Under the following conditions:
i.
Any openings, window or door on the lateral side must respect the
minimal lateral setback prescribed in the zoning grid;
ii.
A certificate of authorization must be obtained.
(720-119, sec. 22; 720-126, sec. 2)
6.1.8
AUTHORIZED TEMPORARY USAGES FOR "RESIDENTIAL" GROUP OF USAGES
Any person wishing to make a temporary use must obtain a certificate of
authorization to that effect.
Only the following temporary usages are permitted on City territory, under the
following conditions:
a) A garage sale in a residential zone provided that:
i.
There are no more than 2 garage sales a year;
ii.
The sale is held within the limits of the residential landsite;
iii.
The sale lasts no more than 2 consecutive days;
iv.
The sale takes place between 9h00 and 17h00;
v.
Only domestic products are sold on the premises;
vi.
The sign must be removed as soon as the sale is finished.
b) A block party provided:
i.
That there are no more than 2 parties per year on the same street;
ii.
That the party does not block access to other streets;
iii.
That the street not be closed to traffic past 23h00;
iv.
That emergency vehicles have free access at all times;
6.1.9
ANCILLARY AUTHORIZED STRUCTURES FOR THE "RESIDENTIAL" GROUP OF USAGES
6.1.9.1
General provisions
Unless otherwise indicated, the requirements of Article 5.6.2 of the present by-
law apply for all "Residential" groups of usages.
Ancillary structures are permitted if complementary to a main building. They must
be situated on the same landsite as the main building.
Materials prohibited for the exterior wall covering except vinyl siding and the roof
of a main building are also prohibited for ancillary structure.
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6.1.10
AUTHORIZED TEMPORARY CONSTRUCTION FOR THE "RESIDENTIAL" GROUP OF
USAGES
On City territory, it is forbidden to erect any temporary construction or building,
except in conformity with the provisions contained in the present chapter.
Whoever wishes to erect a temporary building or installations for a temporary
use, with the exception of a trailer on a construction site, must obtain a certificate
of authorization to that effect.
A prefabricated building, office or trailer announcing the sale or rental of buildings
under construction or that will soon be under construction is permitted, provided
that:
a) It is located on the landsite to which it refers;
b) It is installed at least 3 meters from the landsite lines; and
c)
It is removed no later than 15 days after the rental or sale or the end of
construction.
(By-law 720-94-1, sec. 41 for the insertion of sections 6.1.1 to 6.1.10)
6.2
SPECIFIC
PROVISIONS
APPLICABLE
TO
"COMMERCIAL
(C)
GROUP" OF USAGES
(By-law 720-94-1, sec. 42)
6.2.1
FIELD OF APPLICATION
The standards contained in the present section refer to all main and ancillary
buildings for "Commercial" group of usages in all city zones.
(By-law 720-74, sec. 1, by-law 720-94-1, sec. 43)
6.2.2
MAIN BUILDING
No more than a 1 commercial building may be erected on a landsite, except in
the case of a shopping centre and a non-residential integrated project.
(By-law 720-1, sec. 4, by-law 720-94-1, sec. 44)
6.2.3
INSTALLATION STANDARDS RELATIVE TO A NON-RESIDENTIAL INTEGRATED PROJECT
(By-law 720-94-1, sec. 45)
6.2.3.1
Minimal landsite area
The minimum landsite area allocated to a non-residential integrated project is
10,000 m².
6.2.3.2
Restrictions
No main building should be erected less than 9 meters from the line of all
adjacent landsite. The distance between 2 commercial buildings must be a
minimum of 15 meters.
6.2.3.3
Calculation for an inserted building
In case of an insertion between 2 buildings having a facade on the same street,
the calculation for the minimum front setback of the inserted building is the
average between the front yards of the 2 adjacent buildings, but without being set
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back from the front wall of the adjacent building farthest from the street. (See the
following illustration 16)
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Illustration 16
Inserted building: Bâtiment C
Adjacent buildings: A and B
Calculation: front yard of building A + front yard of building B divided by 2 = minimum
front setback of building C
6.2.3.3.1
Obligation to install a fence between usages in the "Housing (H)" group
A fence must be installed on a landsite occupied by or intended to be occupied
by a usage in the "Commercial (C)" group category when this landsite is adjacent
to a landsite occupied by or intended to be occupied by a usage in the "Housing
(H)" category. The fence must be installed on the landsite boundary line that
separates the usages, be 1.80 meters high and consist of openwork for a
maximum of 20% of its surface.
6.2.4
ADDITIONAL USAGES AUTHORIZED FOR "COMMERCIAL (C)" GROUP OF USAGES
The following usages are authorized as additional usages for a commercial group
of usages:
a) For a usage of the class of usages "Retail and services businesses(c1)", all
authorized usages, in the class of usages "Retail and services businesses
(c1)";
b) For a usage of the class of usages "Commercial recreation (c2)", all usages
authorized in the class of usages "Commercial recreation (c2)" and all
usages authorized in the class of usages "Retail and service businesses (c1)
and in the class of usages "Restaurant services (c3)";
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c)
For a usage of the class of usages "Restaurant services (c3)", all usages of
the category "Sale of food products";
d) For a usage of a class of usages "Lodging services (c5)", a restaurant, a
restaurant-café, a reception hall and a convenience store.
6.2.5
SPECIFIC PROVISIONS APPLICABLE TO ALL USAGES, BUILDINGS, CONSTRUCTION AND
ANCILLARY EQUIPMENT FOR "COMMERCIAL" GROUP OF USAGES
6.2.5.1
General provisions
When not otherwise specified in the present article, the requirements of section
5.6.2 of the present by-law apply to all "Commercial" group of usages.
Ancillary structures are permitted if complementary to a main building. They must
be situated on the same landsite as the main building.
Materials prohibited for the exterior wall covering except for vinyl siding and the
roof of a main building are also prohibited for ancillary structure.
6.2.5.2
Maximal number of ancillary structures
There may be no more than 1 example of each type of ancillary structures per
building or principal use as enumerated in section 5.6.2 of the present by-law.
6.2.5.3
Ancillary usages and structures authorized
The following ancillary usages and structures are authorized for "commercial"
group of usages:
a) A restaurant terrace provided that:
i.
It is located on the same landsite as that of the commercial
establishment that it serves and as an extension of the latter;
ii.
It should not have the effect of making an existing parking lot non-
conforming;
iii.
It is marked off by a fence, hedge or some other means, with a
maximum height of 1 meter;
iv.
It is strictly reserved for consumption of meals;
v.
No noise, including music, may be heard outside the main building;
vi.
A certificate of authorization was obtained prior to creation of a terrace.
b) A service building for a gasoline station;
c)
A car wash for a gasoline station;
d) A maximum of 5 vehicles for leasing or rental at a service station;
e) A container, belonging to a non-profit organization, for the deposit of clothing
or used objects may be installed in a side yard, a secondary front yard or a
back yard subject to the following conditions:
i. a maximum of two containers per landsite is permitted up to a limit of 12
containers for the entire territory of the City. When two containers are
present on the same lot, they must be side-by-side;
ii.
the maximum above-ground dimensions of each container shall not
exceed 1.50 metres in width, 1.50 meters in length, 2 meters in height;
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iii. a container must be at least 1 meter away from a property limit and 6
meters away from a residential zone. A container may not be located on
a right-of-way or an access aisle;
iv. a container shall not occupy a parking space so as to reduce the number
of spaces required by the present By-law;
v.
a container shall rest on a hard, stable and leveled surface;
vi. except for semi-buried containers, only metal containers are permitted;
vii. the name of the non-profit organization, the telephone number and the
registration number of the organization with the Canada Revenue
Agency must be affixed on the container and must be legible at all times;
viii. no deposit of clothing, furniture or other articles is permitted elsewhere
than inside the container;
ix. he containers must be kept in good condition, free of dents, rust, graffiti
and installed so as to remain stable and level;
x.a certificate of authorization is required before installing or moving a
container."
f)
A shed for a use "car mechanical service excluding body shop service" of the
class of usages "gasoline services", provided that it is not located in a
secondary front yard subject to the following conditions:
-
A shed must be located at a distance of 2 metres from a property line
and from a main or ancillary building;
-
A shed must be reserved exclusively for the storage of tires;
-
The exterior materials of a shed must be fireproof;
-
A shed shall not occupy a parking space so as to reduce the number
of spaces required by this By-law
-
The ancillary usage is dependent of the main usage so the ancillary usage
must cease if the main usage is no longer in operation.
(By-law 720-112, sec. 1 and 2; By-law 720-122-1, sec. 2)
6.2.5.4
Authorized ancillary equipment
The following equipment is authorized as ancillary to a usage of the group of
usages "Commercial":
a) Only 1 garbage container per commercial establishment is authorized. It
should be located in the back yard or lateral yard and concealed by a screen
made of material similar to the exterior material of the main building.
In the case of a corner landsite and a through corner landsite, the garbage
container is authorized in the secondary front yard only, provided that it is
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concealed by a screen made of material similar to the exterior material of the
main building.
Notwithstanding the present paragraph, no external garbage container is
authorized in zones C131 (Beaurepaire Village), H130 (486 and 489
Beaconsfield) and H233 (550-552 Beaconsfield);
b) A refrigerated waste disposal room or unit is required for any new
commercial establishment of the usage class "restaurant service" and for any
commercial usage where the main or ancillary activity is the manufacturing
and the sale of perishable products;
c)
A generator provided that it is located in the lateral or back yard and inside of
a building whose exterior material are similar to those of the main building.
6.2.6
SPECIFIC PROVISIONS APPLICABLE TO TEMPORARY USAGES FOR "COMMERCIAL (C)"
GROUP OF USAGES
6.2.6.1
Christmas tree sale
The sale of Christmas trees is authorized as a temporary use of a landsite
amongst authorized "commercial" and "institutional" usages subject to the
following:
a) The sale only takes place between November 15 and December 31 of the
same year;
b) The site chosen for the sale is situated at least 3 meters from all landsite
lines; and
c)
A temporary building may be installed on the designated site of the sale
during the prescribed period.
6.2.6.2
External display
The external display for purposes of retail sale of fruits and vegetables, potted
plants or flowers and the sale of seasonal products is authorized, subject to the
following conditions:
a) The external display for purposes of retail sale of fruits and vegetables,
potted plants or flowers and the sale of seasonal products is authorized on a
landsite on which a business of the category of "Retail business and
services" (c1) and "Superstores and commercial centres" (c2) are authorized;
b) The sale is held by the owner of the business;
c)
The sale is associated with the principal purpose of the business;
d) The site must be well-maintained at all times and kept free of garbage;
e) The public road must never be obstructed.
(By-law 720-100, sec. 11)
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6.2.6.3
Public market
A public market is authorized subject to the following conditions:
a) A public market is authorized on a landsite on which a business of the
category of "Retail business and services" (c1), "Superstores and
commercial centres" (c2) and "Institutional and administrative (inst1) are
authorized;
b) Only food products and the sale of the craft products are authorized;
c)
The installation of a temporary shelter is authorized, but the height of the
shelter must not be more than 4 meters;
d) In the case where the public market is installed in a parking lot, its installation
must not have the effect of making the parking lot non- conforming to the
zoning by-law;
e) The place is well maintained all the time and free of wastes;
f)
The public road must never be obstructed.
6.2.7
SPECIFIC PROVISIONS APPLICABLE TO A GAS STATION
6.2.7.1
Location
The layout of a gas station must respect the following standards:
a) Minimal distance from the pumps
with respect to a main building
6 m
b) Minimal distance from the pumps
to any landsite line
6 m
c)
Minimal distance from the awning
to any landsite line
3 m
6.2.7.2
Particular provisions
a) No gasoline service may provide any other services, in whole or in part, with
the exception of that of a "convenience store".
b) With the exception of vehicles for towing or snow removal purposes linked to
a main usage, a maximum of 30% of the total yard may be allotted to storage
of vehicles waiting to be repaired.
c)
The outdoor storage of buses and trucks is prohibited. However, the storage
of vehicles for rent is permitted provided:
-
No rental vehicles shall be kept in the front yard or the secondary front
yard of the landsite;
-
Only 25% of the landsite must be used for storing rental vehicles: the
designated parking area must be clearly identified.
d) The sale of vehicles is prohibited;
e) Any yard adjacent to a street must provide a grassy or landscaped area of a
minimum of 2 meters, except at the access points. In the case where this
strip of land is adjacent to a parking lot, a continuous cement border at least
15 centimeters high must be constructed.
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Furthermore, an area of at least 20 m² of the corner of a landsite bordered by
2 streets must be planted with grass, flowers or shrubs, and not be used for
any storage. Only a free-standing sign is authorized on this space.
6.2.7.3
Standards for a car wash as an ancillary use of a service station
a) The minimum area for a building used as a car wash is fixed at 65 m².
b) The area facing each unit of the car wash must be sufficient to park at least 5
cars in a row.
c)
The intensity of noise resulting from use of the car wash must not exceed 55
dB (A), calculated at a height of a meter along any landsite line where the car
wash is located.
(By-law 720-94-1, sec. 46)
6.2.8
Specific provisions applicable to a Principal residence establishment use
of the class of uses "Lodging Services" (c5)
Where permitted in the zoning specification schedule, the Primary Residence
Establishment use of the "Lodging Services" (c5) use class is permitted subject to
the following conditions:
a)
The use shall be carried on in a principal building;
b)
The proposed use must be located in a building whose principal use is a
single-family detached house;
c)
Only one use of the class " Lodging Service " (c5) is authorized per lot;
d)
The building can accommodate a maximum of 8 persons or two families;
e)
Cooking equipment is prohibited inside the rooms;
f)
Authorized ancillary buildings, structures and equipment shall comply with
this by-law, including their location, number and materials;
g)
A patio shall be located at least 2 metres from all landsite lines;
h)
Exterior gas fireplaces and all playground equipment for non-commercial
purposes shall be located at least 3 metres from all lot lines;
i)
There shall be one parking space for every two bedrooms, provided in
accordance with this by-law. All tenants must be able to park their vehicles on the
lot and no parking stickers will be issued;
j)
A minimum 80% opaque fence, privacy wall or dense hedge shall be
erected to divide the rear yard of the building in which the Principal Residence
Establishment use is carried out and any adjacent landsites;
k)
The use of recreational vehicles or recreational equipment such as tents,
tent-trailers, trailers, recreational vehicles, snowmobiles, trailers, boats, watercraft
and similar devices which are the property of the tenant on the landsite is strictly
prohibited during rental periods;
l)
No signage is permitted except as provided by the Corporation de
l'industrie touristique du Québec. The sign certifying the classification of the
tourist establishment shall be permanently displayed in public view outside the
establishment. In the event that the tourist residence is not visible from the street,
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86
an indication of the civic number may be added, the whole not to exceed 0.5
square metres;
(By-law 720-126, sec. 3)
6.2.8.1 Specific provisions applicable to a Principal residence establishment use of the class of uses
"Lodging Services" (c5) for zone H231
In zone H231, the Principal residence establishment use of the class of uses "Lodging
Services" (c5) is authorized, in addition to the conditions listed in section 6.2.8, subject to
these conditions:
a) The proposed use can only be operated in 3 principal building per zone;
b) The use is carried out on a landsite located at least 200 metres from any landsite of
the same zone where a use of the " Lodging Services" (c5) class is carried out;
(By-law 720-126, sec. 4)
6.3
SPECIFIC PROVISIONS APPLICABLE TO A GROUP OF USAGES OF
A "INSTITUTIONAL AND RECREATION" (INST)
(By-law 720-94-1, sec. 47)
6.3.1
Ancillary authorized use, building, structure and equipment
Unless otherwise indicated, the requirements of Article 5.6.2 of the present by-
law apply for all "Institutional and recreation (INST)" groups of usages.
Ancillary structures are permitted if complementary to a main building. They must
be situated on the same landsite as the main building.
Materials prohibited for the exterior wall covering and the roof of a main building
are also prohibited for ancillary structures.
The ancillary usages, building, structure or equipment listed below are a non-
exhaustive list of ancillary to a usage or principal building of the "Institutional and
recreational" group of usages:
a) A church presbytery;
b) A park and recreational equipment, a gymnasium, an arena, and a pool, for a
usage of the class of usages "Institutional and administrative (inst1)";
c)
A rental service and sports equipment maintenance service, and restaurant
service for a building, such as an arena, a recreational complex, a marina, or
an educational institution;
d) An administrative building that may contain a harbour master's office, a
restaurant, an office and a gas pump for a marina;
e) A daycare;
f)
A maximum of 2 office buildings or storage space for a cemetery provided
that:
i.
the building is solely for the cemetery's use
ii.
the floor area of the building does not exceed 250 m²
g) A public market for a usage of the class of usages "Institutional and
administrative (inst1)";
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87
h) A nursing home.
(By-law 720-94-1, sec. 48)
6.3.2
INSTALLATION STANDARDS OF SETBACKS FOR A CEMETERY
A landsite used for the purpose of cemetery must have a buffer zone, composed of
trees and shrubs, of a minimum of 7 meters between the residential landsite line
and the cemetery usage. Neither a construction nor a monument is authorized in
that buffer zone.
(By-law 720-41, sec. 6)
(Paragraph repealed - By-law 720-26, sec. 3)
(By-law 720-94-1, sec. 49)
6.3.3
REAR SETBACKS (Repealed by-law 720-94-1, sec. 50)
6.4
SPECIFIC PROVISIONS APPLICABLE TO A GROUP OF USAGES
"PARK (P)"
(By-law 720-94-1, sec. 51)
6.4.1
Ancillary authorized usage, building, structure and equipment
Ancillary structures are permitted if complementary to a main building. They must
be situated on the same landsite as the main building.
Materials prohibited for the exterior wall covering and the roof of a main building
are also prohibited for an ancillary structure.
Ancillary usages, buildings, structure and equipment listed here are a non-
exhaustive list and additional to the use of a principal building designated for
"park" class of usages:
a) A service chalet and recreational equipment for a park and public space;
b) A parking space for a park or a public space;
c)
A daycare in a park chalet;
d) A storage building for park maintenance equipment.
(By-law 720-4, sec. 17, by-law 720-94-1, sec. 52)
6.4.2
INSTALLATION STANDARDS OF SETBACKS FOR A PARK CHALET
Notwithstanding any other provision, a park chalet must be erected at more than
6 meters from the street and at more than 2.5 meters from all adjacent landsites.
(By-law 720-94-1, sec. 53)
6.5
SPECIFIC PROVISIONS APPLICABLE OF THE GROUP OF USAGES
"PUBLIC UTILITY, TRANSPORTATION AND COMMUNICATION (U)"
(By-law 720-94-1, sec. 54)
6.5.1
Ancillary authorized usage, building, structure and equipment
Ancillary structures are permitted if complementary to a main building. They must
be situated on the same landsite as the main building.
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88
Materials prohibited for the exterior wall covering and the roof of a main building
are also prohibited for ancillary structure.
The ancillary usages, buildings, structures and equipments listed below are a
non-exhaustive list of ancillary usages to the principal building designated for a
use of the group of usages "Public utility, transportation and communication":
a) A gas and combustibles depot for City Public Works;
b) A repair shop for vehicles used for a usage of the group of usages "Public
utility, transportation and communication".
c)
A warehouse for Public Works of the City of Beaconsfield.
(By-law 720-44, sec. 1, by-law 720-74, sec. 2, by-law 720-94-1, sec. 55)
Sections 6.6, 6.6.1, 6.6.2, 6.6.3, 6.6.4, 6.7, 6.7.1, 6.7.2, 6.8, 6.9, 6.9.1, 6.9.3, 6.10
and 6.10.1 are repealed.
(By-law 720-94-1, sec. 56)
6.6
SPECIFIC PROVISIONS APPLICABLE TO SENSITIVE USE
A pipeline hydrocarbon transportation facility must be located at a minimum
distance of 300 m from a use listed in section 9.10.
(By-law 720-129, sec. 15)
6.7
SPECIFIC PROVISIONS APPLICABLE TO AN ORGANIC MATERIAL
PROCESSING CENTRE
All uses other than a park must be located at a minimum distance of 500mfrom
an organic matter processing centre.
The distance required in the first paragraph must be calculated from the
boundaries of the land on which the organic matter processing centre is located,
unless the section of operations generating odours is localised, in which case the
distance must be calculated from the chimney of this section.
(By-law 720-129, sec. 16)
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CHAPTER 7
SPECIFIC PROVISIONS APPLICABLE TO CERTAIN
ZONES
(By-law 720-94-1, sec. 57)
7.1
SPECIFIC PROVISIONS APPLICABLE TO ZONE C120 (Beaurepaire
Village)
(By-law 720-94-1, sec. 58)
7.1.1
Exemption from parking space by-laws
Despite the provisions in this by-law, any individual requesting a construction
permit for 1 or a combination of the following situations may be exempted from
the obligation to provide parking spaces:
a) During the construction of a new main building.
b) During the extension of a main building
c)
During a change of a group of usages or a transformation from a commercial
unit to a "restaurant" usage.
(By-law 720-4, sec. 21, by-law 720-36, sec. 5, by-law 720-94-1, sec. 59)
7.1.1.1
Valid conditions for requesting an exemption
A request for exemption is valid if it meets the following requirements:
a) The request for exemption is made at the same time as the request for a
construction permit;
b) The request for exemption may not be for a use already exempt as a function
of this by-law;
c)
The request for exemption should not have the effect of reducing the number
of existing and required parking spaces during an expansion or change in
usage;
d) A minimum of 2 parking spaces must be provided in all case.
(By-law 720-94-1, sec. 60)
7.1.1.2
Sum required for a parking space subject to exemption
The sum required for a parking space subject to exemption is fixed at $4,000 per
space.
The person requesting a parking exemption must pay the City of Beaconsfield the
sum required at the time of the issuance of the construction permit. This sum may
not be reimbursed to the person requesting the parking exemption unless the
project for which the construction permit was issued is abandoned.
(By-law 720-94-1, sec. 60)
7.1.1.3
Parking fund
This by-law establishes a parking fund in which all the sums specified in Section
7.1.1.2 are deposited.
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The parking fund may only be used for the purchase or creation of landsite to
provide parking spaces in conformity with the provisions of the Act respecting
land use planning and development (L.S.Q. chapter A-19.1), according to the
means determined by Council.
(By-law 720-94-1, sec. 60)
7.1.1.4
Number of parking spaces required in the zone or zones where an exemption is
authorized
The parking exemption is calculated according to the number of parking spaces
required as a function of the present by-law. Nonetheless, for any undetermined
use, the number of parking spaces is established at section 5.10.4 e) of the
current by-law for the Beaurepaire commercial sector (C120).
(By-law 720-94-1, sec. 60)
7.1.2
LOCATION OF PARKING SPACES
Any parking space is prohibited in front yard
(By-law 720-94-1, sec. 60)
Sections 7.1.3 to 7.1.5 are repealed. (By-law 720-94-1, sec. 61)
7.2
SPECIFIC PROVISIONS APPLICABLE TO ZONE H359 (LAKEVIEW
NORTH)
Notwithstanding the provisions in Article 3.1.5b) of By-law concerning the
inspection and issuance of permits and certificates, a construction permit may be
issued in zone H359, provided that the properties concerned meet the standards
of Article 4.5.2 of the subdivision by-law.
(By-law 720-94-1, sec. 62)
Sections 7.2.1, 7.2.1, 7.2.2, 7.2.2.1 to 7.2.2.11, 7.2.3, 7.2.3.1 to 7.2.3.3, 7.2.4,
7.2.4.1 to 7.2.4.7 are repealed. (By-law 720-94-1, sec. 63)
7.3
OUTDOOR STORAGE (Repealed by-law 720-94-1, sec. 64)
7.3.1
SEASONAL STORAGE OF A VEHICLE
(By-law 720-4, sec. 28)
(By-law 720-27, sec. 2)
(Repealed by-law 720-94-1, sec. 65)
7.3.2
OUTDOOR STORAGE OF FIREWOOD
(By-law 720-4, sec. 28)
(Repealed by-law 720-94-1, sec. 66)
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7.4
SPECIFIC PROVISIONS FOR ZONE H 306
In addition to the provisions in the Zoning By-law and in the specification
schedule for Zone H306, the construction of a main building or a residential
integrated project must respect the following provisions:
a) A waste storage area must be located inside a main building in which
the use is in the "Multi-family housing (h3)" category and that has more
than 5 dwelling units. This waste storage area must have a volume of at
least 0.57 cubic metre per dwelling unit;
b) Outdoor waste containers are not authorized for a use in the "Multifamily
residence (h3)" category;
c) Repealed (By-law 720-110-1, sec. 1)
d) All dwelling units located on the ground floor of a main building in which
the use is in the "Multifamily residence (h3)" category and that has more
than 5 dwelling units must be designed in accordance with the standards
for adaptable housing as described in section 3.2.12 of the City's
Construction By-law;
e) A main building in which the use is in the "Multifamily residence (h3)"
category and that has more than 5 dwelling units must be constructed in
accordance with the following standards:
i.
Notwithstanding the parking ratios prescribed at the second
sub-paragraph of paragraph a) of the article 5.10.45 a
minimum ratio of 1 indoor parking space per adaptable
dwelling unit must be respected, in conformity with the
dimensions specified in section 5.12.3. These parking spaces
must be situated close to the elevators accessed via an
unobstructed route with no changes in level;
ii.
Repealed (By-law 720-110-1, sec. 2)
iii.
The main entrance to a main building must be designed in
accordance with the following requirements:
-
it must be accessible on the same level, with no stairs,
from the access aisle;
-
it must include a protected waiting area at least 1.5
metres in diameter and served by a drop-off area
located on the same side as the main entrance;
-
Repealed (By-law 720-110-1, sec. 3)
-
Repealed (By-law 720-110-1, sec. 3)
iv.
Notwithstanding section 5.10.8, an access aisle leading to any
parking area with a slope of between 8 % and 14 % may be
authorized under the following conditions:
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92
-
it must be situated inside the building or be equipped
with a heating system to keep the temperature of the
surface of the access aisle above the freezing point at
all times;
-
the access aisle must be at a minimum of 6 metres from
a right-of-way on a public street;
f) An access aisle leading to a parking area situated below street level
must be laid out in accordance with the requirements shown in the
following Illustration 17.1:
Illustration 17.1 Rise for an access aisle
g) Notwithstanding section 5.10.8, an access aisle leading to a parking
area may be used to serve more than one parking area;
h) Notwithstanding section 5.10.8, a parking space may be located at a
distance of less than 1 metre from any rear property boundary line;
(By-law 720-103, sec. 1)
i) Notwithstanding section 6.1.4.1, the front wall of a multi-family dwelling
must not exceed 82 metres;
(By-law 720-110-1, sec. 5)
j) Notwithstanding paragraph 6 of the table in section 5.6.2, eaves, gables,
cornices and projections for architectural purposes can have a maximum
encroachment of 1.5 metres on the setback;
(By-law 720-110-1, sec. 5)
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k) Notwithstanding paragraph d) of section 5.10.8, the width of a single
access point must be minimum 4.8 metres.
(By-law 720-110-1, sec. 5)
CHAPTER 8
PROVISIONS PERTAINING TO SIGNAGE
Chapter 8 entitled «Temporary uses and building» is repealed and replaced by
chapter 13 entitled «Provisions pertaining to signage».
(By law 720-94-1, sec. 67, By-law 720-100, sec. 12)
8.1
PURPOSE AND SCOPE OF APPLICATION
The purpose of this zoning By-law chapter is to regulate all signage, so as to
maintain the integrity of the City's essentially residential character.
This chapter regulates the construction, installation, modification and maintenance
of all posters, advertisements, signs, awnings, etc. to be erected on the City's
territory.
Any sign, panel, poster or other form of notice not specifically authorized in this
chapter is prohibited.
This chapter addresses the concern to maintain and beautify the mainly residential
environment, to support improvements in road safety for vehicles, pedestrians and
cyclists, to reduce the negative impacts of signs on both public and private property
and to allow an equitable application of these regulatory measures.
8.2
GENERAL MEASURES
All signage must conform to the provisions in this chapter.
8.3
SIGNS AUTHORIZED WITHOUT A CERTIFICATE OF AUTHORIZATION
FOR SIGNAGE
All signage listed below is authorized in all zones without a certificate of
authorization for signage:
a) A traffic sign installed by public authorities;
b) A permanent or temporary sign installed by municipal, provincial or federal
authorities;
c)
A non-illuminated sign indicating the hours of worship and other religious
activities, provided that:
i. It measures no more than two (2) square meters and the maximum height
is 3 meters;
ii. It is erected on the property of the religious institution
d) A national, provincial or civic flag, provided that:
i. It measures no more than two (2) square meters;
ii. There are no more than four (4) different flags on the same property.
e) A "sandwich board" sign on City property for religious institutions;
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f)
A non-illuminated sign that measures no more than 0.5 of a square meter in
area for a residential one-family dwelling or 1.2 square meter for a
multifamily or non-residential building, provided that:
i. It announces the sale or rental for more than 31 consecutive days of a
property or part of a property and that it only refers to the property on
which it is installed;
ii. The sign is installed on a building or detached structure;
iii. It is placed at more than one (1) meter from the property line;
iv. There is a maximum of one (1) sign per property, or, if it is a corner
property, two (2) signs, one on each yard of the said property. This sign
must be removed no later than fifteen (15) days after the date of the sale
or rental of the property.
g) A non-illuminated sign simultaneously identifying the professional, the
construction contractor and the financial institution responsible for financing
the project, provided that:
i. There is no more than one (1) sign per project;
ii. It is situated at least one (1) meter from the property line;
iii. It is installed less than two (2) months before excavation of the
foundations;
iv. It is removed immediately after the construction works end.
h) A non-commercial and non-illuminated sign installed on a residential property
for the purpose of informing people about the presence of animals,
identifying the residence or owner or announcing other messages compatible
with residential use, provided that they measure no more than 0.25 of a
square meter;
i)
A temporary non-illuminated sign indicating the use of pesticides, as required
by the City regulations;
j)
An electoral sign or banner for a candidate or political party during a federal,
provincial, municipal, or other public election. This sign, or part of a sign or
banner, including its supporting structure, must be removed no later than
fifteen (15) days following the date of the vote;
k)
A sign installed on a property or worksite during construction work provided
that:
i. The maximum size of the sign is six (6) square meters;
ii. It is installed at least one (1) meter from the property line;
iii. It announces the sale or rental of a property, part of a property or a
development project;
iv. It is installed on the property where the project is taking place;
v. It is installed no sooner than two (2) months before excavation of the
foundations;
vi. It is removed immediately after the construction work ends;
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l)
A sign installed for a carnival, exhibition, religious or patriotic demonstration,
or public fund-raising campaign. For these events, the installation of a
portable sign is also permitted.
This sign must not measure more than two (2) square meters, may not be
installed more than fifteen (15) days before the said event begins, and must
be removed no later than fifteen (15) days after the event. The installation of
such a sign is authorized only at the location where the activity will take
place;
m) A non-illuminated sign measuring no more than two (2) square meters that
announces pedagogical activities, erected on the property of that institution;
n) A directional sign is authorized for any entrance or exit of a property. Its
maximum height is 1.5 meter and its maximum area is 0.5 of a square meter.
Directional signs may be detached or mounted on walls.
o) Notwithstanding section 8.4, a sign on a support ("sandwich type") is
authorized at the following conditions :
i.
Only one (1) sign is permitted per:
a.
Commercial establishment;
b.
An organization recognized by the City.
ii.
The sign is located:
a.
For a commercial establishment: on the front of the
commerce;
b.
For a City-recognized organization: 10 metres or more from an
intersection and on City-owned land.
iii.
In no case shall a sign:
a.
Obstruct the public way;
b.
Be located on property adjacent to St-Charles Boulevard.
iv.
The area of the sign does not exceed 0.75 square metres;
v.
For an authorized sign for an organization recognized by the City, the
sign must be removed no later than 48 hours following the end of the
event it advertises."
(By-law 720-123, sec. 1)
p) A sign with neon lighting or with LED (light-emitting diode) lighting is
authorized, provided that :
i. The only message is "Open" or "Closed";
ii. The sign shall not be flashing;
iii. The maximum area of the sign is 0.20 square meter;
iv. The sign shall be located in a window.
q) A sign in a business's window provided that the maximum signage area is
less than 30% of the window's area.
(By-law 720-94-1, sec. 68; By-law 720-126, sec. 5)
8.3.1
Promotional sign
8.3.1.1
In all commercial zones
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For promotional purposes only, a banner, inflatable, or suspended type of sign is
authorized under the following conditions:
a) The sign must never extend beyond the roof or beyond the height or width of
the wall or awning on which it is installed, nor, as the case may be, the
lowest level of upper windows situated immediately above the floor occupied
by the establishment; where there is no opening, the level is defined by an
imaginary line situated one (1) meter above the ceiling of the lower floor;
b) A written request must be submitted at least two (2) business days before
the installation to the Urban Planning and Municipal Patrol Department and
must indicate the period and location where the promotional sign will be
installed;
c)
The maximum time that the sign for a promotion may be posted is set at one
(1) month, and this may be renewed four (4) times a year or once per
season;
d) Notwithstanding the preceding paragraph, in the case of a new business, the
promotional sign announcing the new business may be posted at the
beginning of the commercial operation for a maximum period of three (3)
months;
e) At no time may the sign encroach upon public property.
8.4
PROHIBITED SIGN
All signs listed below are prohibited throughout City's territory:
a) Any sign installed on a roof or above an awning;
b) Any sign that may be mistaken for a traffic signal, because of its shape,
colour, or lighting;
c)
Any permanent, or temporary, removable sign on wheels or trailers or in any
other way transportable, except the sign on support ("sandwich" board) as
mentioned in section 8.3 o);
(By-law 720-123, sec. 2)
d) Any suspended sign or on an inflatable structure other than a banner
installed to announce an event;
e) Any pivoting or rotating sign and any sign with flashing or blinking lights with
the exception of an electronic billboard owned by the City;
f)
Any painted sign on a fence, wall or roof of a building or integrated into
same, with the exception of a mural;
g) Any other sign, other than directional sign on public property, and the one
authorized by the municipal administration in conformity with these
requirements;
h) Any painted sign or sign posted on a vehicle or trailer parked in a permanent
manner, meaning without being removed and installed regularly or on a daily
basis for advertising purposes;
i)
Any billboard;
j)
Any advertising sign.
(By-law 720-94-1, sec. 68)
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8.5
DESIGN AND MAINTENANCE OF A SIGN
A sign must be designed in a secure manner with a permanent structure. Each of
the parts must be solidly affixed.
Any sign must be installed using appropriate supports and must be maintained in
good condition at all times.
When a sign is partially or entirely damaged, it must be brought back to its original
state or removed within ninety (90) days following the damage.
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8.6
LOCATION OF A SIGN
8.6.1
On public property
Only a sign authorized by the City may be erected on public property or
overhanging public property.
8.6.2
Place where a sign must be installed
Any sign must be installed on the property where the service is offered or where
the use occurs.
8.6.3
Place where a sign must not be installed
A sign must never project beyond the roof or beyond the height or width of the wall
or awning on which it is installed, nor in front of a window or railing.
8.6.4
Triangle of visibility
No sign may be installed in the triangle of visibility, which is defined as a triangle
void of all obstacles higher than one (1) meter measured from street level. This
triangle must have six (6) meters side at a street junction; it is measured from the
point of intersection of the two streets or their extension. (See illustration below)
8.7
TYPES OF SIGN
Only the following types of signs are authorized, on condition that they comply
with the applicable zoning requirements:
a) Sign attached to a main building, such as:
i.
A sign attached flat against a wall;
ii.
A sign on an awning;
iii.
A projecting sign;
iv.
A sign in a window provided that it is lettered or painted directly on the
glass.
b) Detached sign, such as:
i.
An individual sign;
ii.
A communal sign;
iii.
A directional sign.
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8.8
SPECIAL PROVISIONS THAT APPLY TO A COMMERCIAL CENTRE
8.8.1
SPECIAL PROVISIONS THAT APPLY TO A COMMERCIAL CENTRE WITH MORE THAN TEN
THOUSAND (10,000) SQUARE METERS OF FLOOR SPACE
Only the following signs are authorized for a commercial centre with more than ten
thousand (10,000) square meters of floor space:
8.8.1.1
Free standing sign
The only free standing sign authorized for a commercial centre is a communal sign.
The communal sign is used to identify the commercial centre and the trade name
of few businesses located in the commercial centre. It is authorized on the
following conditions:
a) Only one (1) communal sign is authorized per landsite;
b) The maximum height above ground level is ten (10) meters;
c) The maximum width is 4.26 meters (including the frames);
d) The signage shall respect the following conditions:
i.
a maximum of four (4) tenants;
ii.
the identification of the commercial centre;
iii.
one sign for public information reserved for City of Beaconsfield;
e) With the exception of the sign reserved for the City of Beaconsfield, no sign
can be less than 3.65 meters above ground level;
f)
The sign must be located at more than one (1) meter from all property limits.
8.8.1.2
Wall sign located in a box
The sign shall respect the following rules:
a) The box measure 0.92 meter high by 4.6 meters wide;
b) The color of the background and the material used must be identical for all
sign boxes;
c)
The signage must be inside an imaginary line beginning at ten (10)
centimeters from the perimeter of the sign box;
d) There is only one (1) sign per box.
8.8.1.3
Wall sign located above a main entrance, except for businesses located at the
extremities of the commercial centre
This sign shall respect the following rules:
a) The color of the background and the material used must be identical to the
sign boxes as set out in section 13.8.1.2;
b) The box can be divided in two horizontal sections of 1.40 meter high each.
The first section identifies the commercial centre and occupies the total width
of the space. The second section can be divided in two identical sections.
8.8.1.4
Sign for the business located at the extremities of the commercial centre
The signage for the business located at the extremities of the commercial centre
is authorized on the following conditions:
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a) Only one (1) sign with a maximum area of eleven (11) square meters is
authorized for the business. However, an additional sign is permitted on a
wall facing St-Charles boulevard on the condition that the sign has a
maximum area equivalent to 50% of the business main sign;
b) The sign shall consist of channel letters only, affixed to the window, for the
business located at the West extremity of the commercial centre (near
Kenwood). For the business located at the East extremity of the commercial
centre (at St-Charles), the sign shall consist of channel letters affixed to a
background intended for that purpose.
8.8.1.5
Sign attached flat against an exterior wall of a building detached from the
commercial centre
A maximum of two (2) signs attached to the building is authorized under the
following conditions:
a) The maximum height of the sign is 1.5 meters;
b) The maximum size of the sign is four (4) square meters;
(By-law 720-94-1, sec. 68)
8.8.1.6
Directional sign
In addition to a directional sign permitted at entrances and exits of a property, a
maximum of two directional signs are allowed under the following conditions:
a) They are located along the circulation lane facing to the shopping mall;
b) The directional sign is located on a pole which the width cannot exceed 60
centimeters;
c) That there is a clearance of at least 85 centimeters between the ground and
the base of the sign;
d) The standards for the size of a directional sign are the same as those
established in section 13.3 n) of zoning by-law in force.
(By-law 720-89, sec. 1)
8.8.2
SPECIAL PROVISIONS THAT APPLY TO A COMMERCIAL CENTRE WITH MORE THAN TWO
THOUSAND (2,000) SQUARE METERS OF FLOOR SPACE AND LESS THAN TEN
THOUSAND (10,000) SQUARE METERS OF FLOOR SPACE
The signs described in the sub-sections that follow are authorized for all
commercial purposes in a commercial centre with more than two thousand
(2,000) square meters of floor space and less than ten thousand (10,000) square
meters of floor space.
8.8.2.1 Detached sign
Only one detached sign is authorized under the following conditions:
a) The sign is a communal sign listing the name of the commercial building and
identifying the businesses name located in this commercial centre as well as
businesses built on the same landsite as the commercial centre;
b) The sign is fixed to a pedestal or post;
c)
The sign may be backlit or illuminated;
d) The maximum height of the sign above ground level is four (4) meters ;
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e) The maximum size of the sign is seven (7) square meters;
f)
Each sign identifying a business must be installed within a frame designed
for that purpose;
g) The sign shall not be installed at more than one (1) meter from the property
line and more than two (2) meters from the main building.
8.8.2.2
Wall sign
Only one sign per business wall to the building is authorized under the following
conditions:
a) The sign must be attached to the main façade of the building where the
business operates;
b) The maximum height of the sign is 0.5 meter;
c)
The maximum size of the sign is fixed at 0.35 of a square meter per linear
meter of the business' width. In the case where the sign is solely comprised
of detached letters, the calculation of the size of the sign is based on the
notion of an imaginary frame surrounding all the letters;
d) Where a business faces two (2) streets, a maximum of two (2) signs is
authorized. The size of the second sign shall not be more than 50% of the
allowed surface of the main sign.
(By-law 720-94-1, sec. 68)
8.8.2.3
Sign attached flat against an exterior wall of a building detached from the
commercial centre
A maximum of two (2) signs attached to the building is authorized under the
following conditions:
a) The maximum height of the sign is 1.5 meters ;
b) The maximum size of the sign is four (4) square meters ;
c)
Notwithstanding the first subparagraph of this section, only one single sign
attached to the building is authorized if a detached sign is installed.
8.8.3
SPECIAL PROVISIONS THAT APPLY TO A COMMERCIAL BUILDING WITH LESS THAN TWO
THOUSAND (2,000) SQUARE METERS OF FLOOR SPACE
The following signs are authorized for all commercial purposes in a commercial
building with less than two thousand (2,000) square meters of floor space.
a) A sign attached flat against a commercial building is authorized under the
following conditions:
i. Only one sign per business is authorized;
ii. The sign must be placed under the support of the second floor window
or on the awning of the ground floor; if the second floor has no
windows, the sign must be installed under the level of the second
story's floor;
iii. The maximum height of the sign is set at 0.5 of a meter;
iv. The maximum size of the sign is 1.2 square meters;
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b) A projecting sign is authorized under the following conditions:
i. Only one (1) sign per business is authorized;
ii. The maximum height of the sign is 0.5 of a meter;
iii. The maximum size of the sign is one (1) square meter;
iv. The projecting sign can't be installed at more than thirty (30)
centimeters from the wall of the building and the sign must not project
more than one (1) meter;
v. All parts of the sign must be situated at least 2.2 meters above ground
level;
c)
A detached sign identifying the commercial building is authorized under the
following conditions:
i. The sign must be on a pedestal;
ii. The minimal distance from the building is two (2) meters;
iii. The minimal distance from the property lines is 1.5 meters;
iv. The maximum height above ground level is three (3) meters;
v. The maximum size of the sign is four (4) square meters;
vi. The sign must only indicate the name of the commercial building.
(By-law 720-94-1, sec. 68)
8.9
SPECIAL PROVISIONS THAT APPLY TO CERTAIN ZONES
The following provisions apply to all authorized commercial purposes in these
zones.
8.9.1
SPECIAL PROVISIONS THAT APPLY IN ZONE C120
In zone C120, amongst the following options, a maximum of two (2) permanent
signs is authorized per business place:
a) First option: two (2) signs attached to the main façade of the building. The first
sign must be a wall sign, while the second sign may be projecting or an
awning.
b) Second option: one (1) attached sign and one (1) detached sign. The attached
sign is one such as in option 1. The detached sign must be either a communal
sign or an individual sign. However, where the commercial building includes a
number of business places, the detached sign must be a communal type.
No attached sign may extend beyond the roof or beyond the height or width of the
wall or the awning where the sign is installed, nor may it be placed in front of an
opening.
(By-law 720-94-1, sec. 68)
8.9.1.1
Options
For each of the options mentioned in section 8.9.1, the following signs are
authorized: (720-119, sec. 23)
a) Mural sign:
i.
The maximum height of the sign is 1.5 meters;
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ii.
The maximum size of the sign is three (3) square meters;
iii.
The sign must be installed parallel to a wall.
b) Sign in a window:
i.
The sign must be lettered or painted on the window;
ii.
The sign must not cover more than 30% of the window surface.
c)
Projecting sign:
i.
The maximum size of the sign is one (1) square meter;
ii.
The clearance beneath the sign must be at more than 2.5 meters;
iii.
The sign must not protrude over the sidewalk;
iv.
The sign must not protrude beyond the lower windowsill;
v.
The authorized materials to support the sign must be worked wood or
metal alloys such as forged iron, cast iron, etc.
d) Sign on an awning:
i.
The sign must be installed above an opening (door and window);
ii.
The maximum size of the sign must be 2.5 square meters;
iii.
The sign must only consist of lettering; where there is a retractable
awning, the message of the sign must be installed only on the edge of
the awning;
iv.
The lettering must not exceed thirty (30) centimeters in height.
e) Detached sign on a post or pedestal:
i.
The sign must be on a post or pedestal;
ii.
The sign must be located more than one (1) meter from the property line;
iii.
The maximum size of the sign is 1.5 square meter;
iv.
The maximum height of the sign must be two (2) meters above ground
level.
8.9.1.2
Message of a sign
The message of a sign must respect the following standards and criteria:
a) The message must refer only to the function exercised or the service offered;
b) Where a symbol is used, the size of the symbol must not be greater than 0.5
meter in width and 0.5 meter in height;
c)
Where a sign is three-dimensional, the maximum volume is 0.5 cubic meter.
8.9.1.3
Commercial brands
Where a business must use a number of commercial brands, these must be
grouped together and only the logos should be used.
8.9.1.4 Sign lighting
Any sign may be illuminated but must not be backlit.
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8.9.1.5 Sign for gas stations
Two (2) signs to identify a gas station are authorized under the following
conditions:
a) Sign attached to an awning:
i.
Only one (1) sign per awning facing the street is authorized;
ii.
The sign must be mounted flat on the awning;
iii.
The maximum height of the sign is thirty (30) centimeters;
iv.
The sign may not be higher or wider than the awning.
b) Sign detached from the building:
Only one (1) detached sign is authorized under the following conditions:
i.
The maximum height of the sign must be six (6) meters above ground
level;
ii.
The maximum width of the sign is two (2) meters;
iii.
The maximum thickness of the sign is thirty (30) centimeters;
iv.
The sign must be on a post or pedestal;
v.
The sign must be located more than one (1) meter from the property
line.
8.9.1.6
Presentation of an SPAIP prior to a request for a certificate of authorization for
signage for the installation of a sign in zone C120
Any permit to install or modify a sign is subject to the Council's approval of a Site
Planning Architectural and Integration Program (SPAIP). Consequently, the
provisions of by-law no. 727 apply.
(By-law 720-94-1, sec. 68)
8.9.2
PROVISIONS THAT APPLY TO ZONE H119
The following provisions apply to commercial establishments in zone H119.
Only one (1) sign is authorized per commercial establishment, whether attached or
detached to the commercial building
a) Attached sign:
i.
The sign may be attached flat against the wall or projected from the wall
of the building;
ii.
The sign must be made from worked wood or metal alloys;
iii.
The maximum size of the sign is one (1) square meter;
iv.
The sign may not be backlit but may be illuminated;
v.
The sign must be on the ground floor;
vi.
The sign may not be installed in front of a window, gallery, balcony or
staircase.
b) Detached sign:
i.
The sign must be made from worked wood or metal alloys;
ii.
The minimal distance of the sign from the building is two (2) meters;
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iii.
The minimal distance of the sign from the property lines is one (1)
meter;
iv.
The maximum height of the sign from ground level is two (2) meters;
v.
The maximum size of the sign is one (1) square meter;
vi.
The sign may be backlit but may not be illuminated.
(By-law 720-94-1, sec. 68; By-law 720-119, sec. 24)
8.9.3
PROVISIONS THAT APPLY TO ZONE C306
The following provisions apply to commercial establishments located in zone
C306.
Only one (1) sign per commercial establishment is authorized under the following
conditions:
a) The sign must be attached flat against the wall of the main building or where
the principle entrance is located;
b) The sign may not be backlit but may be indirectly illuminated;
c)
The maximum size of the sign is two (2) square meters;
d) Notwithstanding the preceding paragraphs, an awning may serve as a sign,
provided that this awning is located above the principle entranceway;
e) The sign must be located under the roofline of the ground floor or under the
windows overlooking a level higher than the ground floor.
(By-law 720-94-1, sec. 68)
8.9.4
PROVISIONS THAT APPLY TO ZONE C309
The following measures apply to commercial establishments located in zones
C417 and C418.
Two (2) signs per building are authorized under the following conditions:
a) The sign may be detached from, or attached to, the main building;
b) A detached sign is authorized under the following conditions:
i.
The sign must be on a pedestal;
ii.
The sign must face St. Charles boulevard or Elm Avenue;
iii.
The maximum size of the sign is 2.5 square meters;
iv.
The maximum height of the sign above ground level is three (3)
meters;
v.
The minimal distance from the property lines is one (1) meter;
c)
A sign attached to the main building is authorized under the following
conditions:
i.
The sign is attached on the main façade of the building or on a façade
facing St-Charles Boulevard or Elm Avenue;
ii.
The maximum size of the sign is two (2) square meters;
iii.
The sign may not be placed inside or outside of a window, nor at a
level higher than the façade.
(By-law 720-94-1, sec. 68)
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8.10
SPECIAL PROVISIONS THAT APPLY TO CERTAIN USAGES
8.10.1
COMMERCIAL USE IN A RESIDENTIAL ZONE
When a commercial use is authorized as an additional use in a "Residential"
zone, the following provisions apply:
a) Only one (1) sign is authorized for commercial use;
b) The sign may be attached flat against the wall of the main building, projecting
or detached;
c)
The maximum size of the sign is 0.20 square meter;
d) The sign may not be backlit nor illuminated.
(By-law 720-94-1, sec. 68)
8.10.2
BED AND BREAKFAST ESTABLISHMENTS
When a bed and breakfast is authorized as an additional use for a "Single-family
dwelling" (h1), the following provisions apply:
a) Other than the sign confirming the classification of the bed and breakfast
establishment by the Corporation de l'industrie touristique du Québec
(CITQ), only one (1) other sign identifying the bed and breakfast is
authorized;
b) The sign may be attached flat against a wall of the main building, projecting
or detached;
c)
The sign must measure no more than 0.20 square metre;
d) The sign shall not be backlit nor illuminated.
(By-law 720-94-1, sec. 68; By-law 720-126, sec. 6)
8.10.3
MULTIFAMILY RESIDENTIAL USE
Only one (1) sign identifying the multifamily building is authorized under the
following conditions:
a) Only one (1) sign per landsite is authorized;
b) The sign is attached flat against a wall of the building;
c)
The maximum size of the sign is 1.5 square meters;
d) The sign shall not be backlit nor illuminated.
8.10.4
GAS STATION
A maximum of two (2) signs identifying a gas station is authorized under the
following conditions:
a) Signs attached to the awning:
Only one (1) sign per awning facing the street is authorized under the
following conditions:
i.
The sign is mounted flat on the awning;
ii.
The maximum height of the sign is thirty (30) centimeters;
iii.
The sign may not exceed either the height or width of the awning.
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b) Sign detached from the building:
Only one (1) detached sign is authorized under the following conditions:
i.
The maximum height of the sign is six (6) meters above ground level;
ii.
The maximum height of the sign is two (2) meters;
iii.
The maximum width is thirty (30) centimeters;
iv.
The sign shall be located no less than 1.2 meters above the ground;
v.
The sign shall be installed at more than one (1) meter of the property
line.
8.10.5
INSTITUTIONAL SERVICE EXCEPT WORSHIP USAGE
Only a sign identifying the community service or boating club use is authorized
under the following conditions:
a) Only one (1) sign per landsite is authorized;
b) The sign must be detached from the main building and located at more than
one (1) meter of the property line;
c)
The maximum height of the sign is two (2) meters;
d) The maximum size of the sign is 1.5 square meters;
e) The sign shall not be backlit nor indirectly illuminated.
(By-law 720-94-1, sec. 68)
8.10.6
TRANSPORTATION, COMMUNICATION ANTENNAS AND PUBLIC SERVICES
A sign identifying a train station, communication antennas or a public service is
authorized under the following conditions:
a) Only one (1) sign per landsite is authorized;
b) The sign must be detached from the establishment;
c)
The maximum height of the sign is six (6) meters;
d) The maximum size of the sign is two (2) square meters;
e) Where there is a sign identifying a train station, in addition to the detached
sign, a sign attached flat against a wall of the building is authorized providing
that the size of the sign does not exceed one (1) square metre.
(By-law 720-83, sec. 12)
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CHAPTER 9
PROVISIONS PERTAINING TO THE ENVIRONMENT
The chapter 9 entitled "Setback uses" is repealed and replace by chapter 14
"Provisions pertaining to the environment".
(By-law 720-83, sec. 13, by-law 720-94-1, sec. 69)
9.1
SCOPE OF APPLICATION
The following rules apply to the entire territory of the City of Beaconsfield.
9.2
CONSTRUCTIONS ON THE EDGE OF LAKE ST. LOUIS, ON A
WATERCOURSE OR THE RIVERBED OF LAKE ST. LOUIS
All constructions and all other works likely to destroy or modify the plant cover of
the riverbank or to strip the soil or affect its stability or that encroach on the shore,
require prior authorization. This preliminary procedure must occur within the
framework of the issuance of permits or other forms of authorization by municipal
authorities, the government its ministries or organizations, in accordance with their
respective authorities. Such authorizations granted by municipal and governmental
authorities will take into consideration the intervention framework foreseen by the
measures pertaining to the riverbank and riverbed.
9.3
PROVISIONS PERTAINING TO THE RIVERBANK
9.3.1
CONSTRUCTIONS AND OTHER WORKS AUTHORIZED ON THE RIVERBANK
All constructions and other works are prohibited on the riverbank. However, the
following types of constructions, and other works are permitted, if they are
compatible with other recognized protective measures for flood plains:
a) The maintenance, repair and demolition of existing structures and other
works used for purposes other than municipal, commercial, industrial or
public purposes or to provide public access;
b) All constructions and other works for municipal, commercial, industrial or
public purposes or to provide public access, including their maintenance,
repair and demolition, that are required to obtain an authorization issued
pursuant to the Environment Quality Act (R.S.Q., c. Q-2);
c)
The construction or extension of a main building for purposes other than
municipal, commercial, industrial and public purposes or to provide public
access on a lot which the area is less than the minimum prescribed at the
specification schedule of zoning by-law no. 720 under the following
conditions:
i.
The dimensions of the lot do not permit further construction or extension
of this main building following the creation of the protective area of the
riverbank, and it may not reasonably be undertaken elsewhere on the
property;
ii.
The lot drawn before December 21, 1983, the date on which the Interim
control by-law (by-law 65) came into force;
iii.
The lot drawn before December 21, 1983, the date on which the Interim
control by-law (by-law 65) came into force;
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iv.
A protective area of at least five (5) meters must be left in its current
state or preferably returned to a natural state if it has not already been
done.
(By-law 720-92, sec. 1)
d) The construction or erection of a pool, or an ancillary building such as a
garage or shed on a landsite of which the area is less than the minimum
prescribed at the Specification schedule of zoning by-law no. 720 is possible
only on the part of the bank that is no longer in its natural state and under the
following conditions:
i.
The dimensions of the lot no longer allow the construction or erection of
a pool or ancillary building, following the creation of the protected area of
the riverbank;
ii.
The lot was drawn before September 24, 1990, the date on which the
first applicable municipal By-law prohibiting riverbank construction came
into effect;
iii.
A protected area of at least five (5) meters must be left in its current
state or preferably returned to a natural state if it has not already been
done;
iv.
The ancillary building must rest on the ground without excavation or
embankment.
(By-law 720-4, sec. 1) (By-law 720-92, sec. 1) (By-law 720-94-1, sec. 69)
e) The following works related to vegetation:
i.
The cutting down of trees required for authorized construction or other
work;
ii.
The cutting down of trees required to create a five (5) meters wide
opening to provide access to a body of water, when the slope of the
bank is less than 30%;
iii.
The pruning and trimming required to create a five (5) meters wide
window, when the slope of the bank is greater than 30%, as well as the
creation of a path or stairs to provide access to the water;
iv.
Shore restoration projects and projects of the restoration of a permanent
and sustainable vegetation cover, the planting or seeding of plant
species, trees or shrubs, as well as any work to scarify, level and add
arable soil that is required for these purposes.
(By-law 720-92, sec. 1) (By-law 720-94-1, sec. 69)
f)
The following works:
i.
The installation of fences;
ii.
The installation or implementation outlets for of subterranean or surface
drainage system;
iii.
The implementation of crossings over watercourses and fords by
culverts and bridges, as well as roads providing access to same;
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iv.
When the slope, nature of the soil and conditions of the ground do not
allow for the reestablishment of vegetation and the natural character of
the riverbank, the work required to provide stability by using plant cover
or mechanical efforts such as dry stone walls, gabions, or retaining
walls, giving priority to the technique most likely to facilitate the eventual
planting of natural vegetation;
v.
The work required for the construction of authorized work on the shore in
conformity with section 14.4;
vi.
Reconstruction of a road or the enlargement of an existing road.
(By-law 720-92, sec. 1)
9.3.2
WIDTH OF THE RIVERBANK TO BE PROTECTED ALONG LAKE ST-LOUIS AND A
WATERCOURSE OTHER THAN THE RIVIÈRE À L'ORME
The width of the riverbank to be protected along Lake St. Louis and a watercourse
other than the Rivière à l'Orme is measured horizontally:
a) The riverbank must be at least ten (10) meters:
i.
When the slope is less than 30%;
ii.
When the slope is greater than 30% and constitutes a bank less than
five (5) meters in height.
b) The riverbank must be at least fifteen (15) meters:
i.
When the slope is continuous and greater than 30%;
ii.
When the slope is greater than 30% and constitutes a bank more than
five (5) meters high.
The width of the riverbank to be protected, as well as the location of the high water
line, must be certified by a land surveyor licensed to practice in Québec.
9.3.3
WIDTH OF THE RIVERBANK TO BE PROTECTED ALONG THE RIVIÈRE À L'ORME
The riverbank to be protected along the Rivière à l'Orme must be at least thirty (30)
meters wide.
The width of the riverbank to be protected, as well as the location of the high water
mark, must be certified by a land surveyor licensed to practice in Québec.
9.3.4
NATURALIZATION OF THE EMBANKMENT
With the goal of assuring the stabilization of the embankment and eliminating
problems of erosion, only natural stabilization work on the riverbank is authorized.
By naturalization work, we mean the planting of plants, shrubs and trees that
stabilize the soil.
9.3.5
RETAINING WALLS
The construction of a retaining wall made of concrete or other artificial material may
not be used as a method of stabilization.
9.4
MEASURES PERTAINING TO THE RIVERBED
Any construction and other work are prohibited on the riverbed.
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However, the following constructions and other works are permitted, if they are
compatible with other measures of protection recommended for flood plains:
a) Docks, shelters and landings on piles, posts or floating platforms;
b) The creation of crossings over watercourses by fords, culverts and bridges;
c)
Water intakes;
d) The encroachment of the riverbed is required to do authorized work on the
riverbank;
e) Necessary cleaning and maintenance work on the watercourses, without
digging, conducted by a municipal authority in conformity with the powers
and duties conferred by law;
f)
Constructions and other works for municipal, industrial, commercial and
public purposes or to provide public access, including their maintenance,
repair and demolition, subject to the acquisition of an authorization issued
pursuant to the Environment Quality Act (R.S.Q. c. Q-2), an Act Respecting
the Conservation and Development of Wildlife (R.S.Q., c. C-61.1), the Water
Courses Act (R.S.Q., c. R-13) and any other law;
g) The maintenance, repair and demolition of existing structures or works not
used for municipal, industrial, commercial or public purposes nor to provide
public access.
9.5
PROVISIONS PERTAINING FLOODPLAIN
9.5.1
FLOODPLAIN ELEVATION FOR LAKE ST-LOUIS
For Lake St-Louis, the floodplain elevations are as follows:
a) Geodesic elevation of 21.99 meters for a floodplain of the 2-year flood
elevation;
b) Geodesic elevation of 22.75 meters for a floodplain of the 20-year flood
elevation;
c)
Geodesic elevation of 23.2 meters for a floodplain of the 100-year flood
elevation.
The above was established in a study undertaken by the Ministère du
Développement durable, de l'Environnement et des Parcs for the Saint-Lawrence
River, which includes Lake Saint-Louis (technical report number MH-85-03
published in 1985).
(By-law 720-92, sec. 2)
9.5.2
ACTIONS PROHIBITED IN THE HIGH-VELOCITY ZONE OF THE FLOODPLAIN
In the high-velocity zone of the floodplain, any constructions, undertaking and
works are prohibited. However, these following constructions, structures and
works are authorized if their realization is in conformity with the provisions of
sections 9.3 and 9.4 of the current by-law regarding the provisions pertaining the
lakeshore, the riverbank and the littoral:
a) Work that is intended to keep the land in good condition or to maintain,
repair, modernize or demolish the existing buildings and structures, provided
that such work does not increase the area of the property exposed to
flooding.
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However, during the upgrade or reconstruction work to an infrastructure
related to a public thoroughfare, the area of the structure exposed to the
flooding may be increased by 25% for public safety or to make the
infrastructure compliant with applicable standards.
In all cases, major work on a structure or major work on a structure or
undertaking should entail flood-proofing the entire structure or undertaking;
b) Construction of underground waterworks or sewer systems in built-up areas
not supplied by services with a view to supplying the structures and
undertakings existing on the date of coming into force of the first municipal
by-law prohibiting new constructions;
c) Septic installations for existing structures or undertakings; the planned
installation must be in conformity with the regulation concerning waste water
disposal systems for isolated dwellings made under the Environment Quality
Act (R.S.Q., c, Q-2);
d) An open-air undertaking, other than a golf course, intended for recreation
purposes and that does not require filling or the removal of fill;
e) Reconstruction of an undertaking or structure destroyed by a disaster other
than a flood; all reconstructed undertakings and structures should be flood-
proofed in conformity with the requirements of the Policy;
f)
Works, structures or undertakings for public access or municipal purposes;
g) Pool or spa without backfilling.
(By-law 720-92, sec. 2)
9.5.3
ACTIONS PROHIBITED IN THE LOW-VELOCITY ZONE OF THE FLOODPLAIN
In a low-velocity zone of the floodplain are prohibited:
a) All structures and undertakings which are not flood-proofed;
b) Filling works other than works required to flood-proof authorized structures
and undertakings.
(By-law 720-92, sec. 2)
9.5.4
FLOOD-PROOFING PRECAUTIONARY STANDARDS
For the principal constructions authorized under the preceding exceptions, the
flood-proofing precautionary standards established in the Construction by-law in
force on the City of Beaconsfield's territory for constructions in certain floodplains
shall apply.
Principal constructions that meet the flood-proofing precautionary standards
referred to in the Construction by-law for constructions in certain floodplains are
permitted in the floodplain located between the 20-year flood elevations and the
100-year flood elevations.
(By-law 720-92, sec. 2)
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9.6
ARCHITECTURAL ELEMENTS FOR ENVIRONMENTAL PURPOSES
9.6.1
EXTERIOR MATERIALS
Notwithstanding any provisions to the contrary in this regulation and any other by-
laws, such as the by-law on Site Planning Architectural and Integration Program.
Any building construction material that demonstrates a reduction in heat loss and
greenhouse gas emissions may be authorized by City Council via the Site
Planning and Architectural Integration Program.
9.6.2
SOLAR ENERGY
Notwithstanding any measure to the contrary in this regulation and any other
planning by-laws, thermal solar panels or photovoltaic solar panels designed to
convert sunlight into electricity or heat are authorized on a roof or wall of a main
building.
If installed on a wall of a main building, the solar panel must be integrated into the
architecture of the main building.
9.6.3
ORIENTATION OF A BUILDING
Notwithstanding any measure to the contrary in this regulation and any other
urban planning by-law, the orientation of a building should favour the capture of
passive energy.
(By-law 720-83, sec. 13, by-law 720-92, sec. 3)
9.7
STANDARDS
PERTAINING
TO
RESIDENTIAL,
INDUSTRIAL,
WHOLESALE, AND WAREHOUSING ACTIVITIES
9.7.1
BURDEN OF PROOF
It is the responsibility of the individual who applies for a permit or a certificate of
authorization to establish that he meets the provisions of this section. Moreover,
the City can require, as often it deems fit, proof that the limitations prescribed in this
section have been complied with.
9.7.2
NOISE INTENSITY
The sound pressure level resulting from the operation, separate or combined, of a
heat pump, heating equipment, air conditioning or a ventilator, a generator or any
other similar equipment, must not exceed fifty-five (55) dB(A) at the property line.
Such sound pressure level shall be calculated using the A.R.I. 270 standard or
equivalent.
The sound pressure level resulting from industrial, wholesale or warehousing
activities must not exceed 55 fifty-five dB (A) Leq (24 hours), measured at the
property line.
Such sound pressure level shall be calculated using the A.R.I. 270 standard or
equivalent.
9.7.3
SMOKE AND DUST PARTICLES EMISSIONS
Neither smoke nor dust particles that are the result of industrial, wholesale or
warehousing activities shall be detected beyond the property line.
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9.7.4
ODOUR EMISSIONS
Odours detected beyond the property line that is the result of industrial, wholesale
or warehousing activities must not in any way inconvenience the neighbours or
prevent them from enjoying the normal use of their property or from continuing their
daily business operations.
9.7.5
FLASHING LIGHTS
Blinding light, direct or reflected, coming from a light beam or emanating from
electric arcs, acetylene blow torches or similar material shall not be visible from the
property line of any establishment.
9.7.6
VIBRATIONS
No vibration of the ground resulting from any activities shall be detected beyond
the property line of any establishment.
(By-law 720-83, sec. 13, by-law 720-92, sec. 3)
9.8
REPEALED
(By-law 720-83, sec. 13, by-law 720-92, sec. 3; By-law 720-129, sec. 17)
9.9
STANDARDS PERTAINING TO BUILDINGS ADJACENT TO AN
INDUSTRIAL SITE
Notwithstanding the setbacks set out in the Specifications Schedule, no residential
building may be erected less than twenty-four (24) meters from the closest property
line of a property used or intended to be used for industrial, wholesale or
warehousing activities, whether or not the usages are situated in the same
municipality.
(By-law 720-83, sec. 13, By-law 720-92, sec. 3)
9.10
OCCUPANCY OF LAND LOCATED LESS THAN 75 METRES FROM A
MAIN RAILWAY OR HIGHWAY
Land or a part of land located less than 75 metres from a right-of-way limit of a
main railway line and adjacent to this right-of-way cannot be occupied by one of the
following sensitive uses if the vibration level inside the building or part of the
building in which the use is carried out, is greater than 0.14 mm/s:
1° Residential use;
2° One of the following uses, collective and institutional facilities:
a) Library;
b) Long-term residential and care centre;
c) Child and Youth Protection centre;
d) Rehabilitation centre;
e) Health and social services centre;
f) Hospital;
g) School;
h) Religious establishment, such as a place of worship and convent;
i) Daycare.
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In addition, any new construction project on land adjacent to a main railway line or
highway must respect the following criteria aimed at promoting the safety of
developments and constructions on this land the evaluation of which must be
based on the evaluation study required by current By-law BEAC-045 on permits
and certificates:
a)
In the case of a highway, no margin may be less than 18 metres
from the right-of-way limit of a highway;
b)
In the case of a main railway line, no margin may be less than 24
metres from the right-of-way limit of a railway line;
c)
No play or relaxation area may be set up within the first 24 metres
from the right-of-way of a railway line.
(By-law 720-83, sec. 13, by-law 720-92, sec. 3; By-law 720-129, sec. 18
and 19)
9.11
IMPLEMENTATION OF A CONSTRUCTION OR EXPANSION PROJECT
OF A BUILDING AND A LAND DEVELOPMENT PROJECT LOCATED
IN A MOSAIC OF NATURAL ENVIRONMENTS
The establishment of any construction or expansion project for a building
and any development project for land located in a mosaic of natural
environments indicated on map 15 - Territories of ecological interest of the
Development Plan and development plan 2015 must be designed and
carried out in such a way as to maximize, taking into account their
ecological value, the conservation, enhancement and integration into the
project of a wood or wetland located in the mosaic and enhance its
biodiversity. The implementation of a building construction or expansion
project and the carrying out of a land development project in a mosaic of
natural environments or on land which is contiguous to this mosaic must
not compromise the water supply of the natural environment.
(By-law 720-129, sec. 20)
9.11.1 Measures relating to wetlands of interest to be protected or restored and their
protection areas
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In a wetland of interest to be protected or restored and in its protection area, indicated
in Appendix E "Wetlands" of the present by-law, any land use, any construction
including reconstruction and expansion, any structure, any activity involving excavation,
fill or displacement of humus or non-invasive native vegetation are prohibited, except:
a)
for the purpose of widening an existing roadway;
b)
for the installation of an electricity, gas, telecommunications, cable
distribution network, water supply or sewer service, or a railway;
c)
for the purpose of implementing a major road project or public transit
infrastructure planned in the Land Use Planning and Development Plan,
or a facility of metropolitan interest planned in the Metropolitan Land Use
and Development Plan of the Montreal Metropolitan Community, or of
agglomeration interest planned in the Land Use and Development Plan;
d)
for the implementation of infrastructure or equipment covered by an
agreement entered into before December 21, 2023;
e)
for the purpose of maintaining, restoring or creating a wetland or a
protected area;
f)
a use, construction, or structure related to nature observation and
environmental interpretation, under the following conditions:
i in a wetland, constructions and structures must be built above
ground, on stilts, and excavation or backfilling activities are permitted
only for ground anchoring elements;
ii in the protection area, pathways must have a maximum width of
4 metres and, like other ground-level constructions or structures, must be
made with a permeable surface;
iii
Within the protection area, buildings must be constructed
without foundations and in such a way as to allow the natural flow of
water;
g)
a fence or hedge separating a property or part of it from another
property, under the following conditions:
i the fence or hedge must be located outside the wetland, unless
it separates the property or part of it from a roadway or public space;
ii the fence must be openwork and allow the free flow of water;
iii
excavation or backfilling activities are permitted for ground
anchoring elements;
h)
reconstruction or expansion of a main building existing on December 21,
2023, provided that no additional encroachment occurs within the
protection area or the wetland. Excavation or backfilling activities are
permitted but must be limited to what is required for the reconstruction or
expansion of the building;
i)
the construction, including reconstruction and expansion, of an
accessory building to a main building existing on December 21, 2023,
under the following conditions:
i.
the building or its expansion must be built without foundations
and must allow the free flow of water;
ii.
the building or its expansion must be located more than 10
metres from the wetland;
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j)
the reconstruction of a vehicular access road or an outdoor parking area
serving a main building existing on December 21, 2023, provided that it
is made of permeable materials. Excavation or backfilling activities are
permitted but must be limited to what is required for the reconstruction of
the vehicular access road or outdoor parking area.
Notwithstanding the foregoing, for a lot located outside a wetland of interest to be
protected or restored as indicated in Appendix E "Wetlands" of the present by-law, and
upon demonstration that the lot is legally occupied and fully developed, a new land use,
new structure, and new construction--including any reconstruction and any
expansion--are permitted within the protection area.
(By-law 720-130, sec. 3)
9.11.2. Encroachment in a protection area
Notwithstanding the provisions of section 9.11.1, for an undeveloped lot, a land use, a
construction, a structure, and an activity such as excavation, backfilling or movement of
humus or non-invasive native vegetation are permitted to encroach into the protection
area if the following conditions are met:
a) the cadastral boundary is prior to December 21, 2023;
b) the building coverage on the entire lot must be less than 25%;
c) the buildings must allow free flow of water;
d) a vehicular access road and any outdoor parking, loading, or unloading area
serving a main building must be made of permeable materials;
e) excavation, backfilling, or displacement of humus or non-invasive native
vegetation must be limited to what is required for the establishment of a
main building, a vehicular access road, and, if no other space is available
elsewhere on the lot, an outdoor area for an accessory use to the main use,
such as an outdoor parking area and a recreation area.
(By-law 720-130, sec. 4)
9.11.3. Characterization study
A characterization study must accompany any permit or certificate application for the
use, construction, or alteration of a main building or the construction of a structure
involving encroachment or additional encroachment into a wetland of interest to be
protected or restored, or into its protection area as identified in Appendix E "Wetlands"
of the present by-law.
Despite the first paragraph, a characterization study is not required in the case of the
reconstruction of a building with the same footprint.
(By-law 720-130, sec. 5)
9.11.4 A characterization study must meet the requirements set out in Appendix F
"Wetland Characterization Study" of this by-law.
(By-law 720-130, sec. 6)
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9.11.5 Wetland delimitation
The delimitation of a wetland of interest to be protected or restored and its protection
area resulting from a characterization study takes precedence over that of a wetland to
be protected or restored and its protection area as identified in Appendix E "Wetlands"
of the present by-law.
(By-law 720-130, sec. 7)
9.12
OCCUPANCY OF LAND ADJACENT TO A HIGH-VOLUME ROAD OR
TO A MAIN RAILWAY
Land or a part of land located less than 30 metres from St-Charles
Boulevard or a main railway line and adjacent to its right-of-way cannot be
occupied by one of the sensitive uses listed in section 9.10, if the sound
level at the interior of the building or part of the building where the use takes
place is greater than 40 dBA Leq (24h)
(By-law 720-129, sec. 21)
CHAPTER 10
PROVISIONS PERTAINING TO ACQUIRED RIGHTS,
NON-CONFORMING USES, STRUCTURES AND SIGNS
Chapter 10 entitled "Parking and loading standards" is replaced by Chapter 16
entitled "Provisions pertaining to acquired rights, non-conforming uses, structures
and signs".
(By-law 720-83, sec. 14 & 15; By-law 720-94-1, sec. 70)
10.1
SCOPE OF APPLICATION
The term "non-conforming" applies only to the following elements:
a) Non-conforming structures;
b) Non-conforming usages;
c)
Non-conforming signs;
d) Structures and uses on a lot that does not conform to the subdivision by-law.
10.2
GENERAL MEASURES
10.2.1
NON-CONFORMING STRUCTURE
Is considered as a non-conforming structure, any structure that contravenes one or
several of the provisions of this by-law:
a) The structure is in existence at the time of the coming into force of this by-
law;
b) The construction is not complete at the time of the coming into force of this
by-law, but for which a construction permit was issued in conformity with the
previous provisions, before the coming into force of this by-law, providing
that this permit is still valid.
(By-law 720-94-1, sec. 70)
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10.2.2
NON-CONFORMING USE
Is considered as a non-conforming use, any use that contravenes one or several of
the provisions of this by-law:
a) The construction existed at the time of the coming into force of this By-law;
b) The construction where the use will occur is not complete at the time of the
coming into force of this By-law, but for which a construction permit was
issued in conformity with the previous provisions, before the coming into
force of this by-law, providing that this permit is still valid;
c)
An occupancy certificate was issued in conformity with the zoning by-law and
the permits and certificates by-law, before the coming into force of this by-
law, providing that this occupancy certificate is still valid.
(By-law 720-94-1, sec. 70)
10.2.3
NON-CONFORMING SIGN
Is considered as a non-conforming sign, any sign that contravenes one or several
of the provisions of this by-law:
a) The sign is in existence at the time of the coming into force of the present by-
law;
b) A certificate of authorization was issued in conformity with the provisions of
the zoning by-law and the permits and certificates by-law, providing that this
certificate of authorization is still valid.
(By-law 720-94-1, sec. 70)
10.2.4
ACQUIRED RIGHTS
A non-conforming structure, use, or sign benefits of acquired rights, provided it pre-
dates the coming into force of this zoning by-law and that it is authorized by a
construction permit or certificate of authorization legally issued, pursuant to the
zoning by-law and the permits and certificates by-law in force at the time the permit
was issued.
10.3
NON-CONFORMING STRUCTURE
10.3.1
EXTENDING, MODIFYING, MOVING OR REPAIRING A NON-CONFORMING STRUCTURE
Extending, modifying, moving or repairing a non-conforming structure is permitted if
the work conforms to the provisions of the City's zoning and construction by-laws,
except if the structure does not respect the prescribed setbacks, in which case the
extension or modification is permitted if:
a) The work does not have the effect of further aggravating, in area, height or
volume, the existing non-conformity of the setbacks;
b) The work aims to render the structure conforming;
c)
A construction permit was issued for the structure as it exists, before the
coming into force of this By-law;
d) The work conforms to the provisions of the City's zoning and construction
By-laws in all respects; and
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e) The work is conducted on the same property as that on which the structure is
erected.
Any non-conforming structure protected by acquired rights that is modified so as to
render it conforming, may not be modified once more to render it non-conforming
with these provisions.
Similarly, any non-conforming structure protected by acquired rights that is
modified so as to reduce its non-conformity without, however, completely
eliminating this non-conformity, may not be modified once more to restore the
elements of non-conformity that were corrected.
10.3.2
REPLACING A NON-CONFORMING STRUCTURE
Any non-conforming structure protected by acquired rights may only be replaced
by a structure that conforms to this by-law.
10.3.3
REBUILDING, RENOVATING, OR REPAIRING A NON-CONFORMING STRUCTURE
Rebuilding, renovating, or repairing a non-conforming structure that has lost half or
more of its value on the evaluation roll, with the exception of its foundations,
following a natural disaster, fire, accident, or any other similar event, may not be
rebuilt, renovated or repaired, except in conformity with the provisions of all
applicable by-laws on the date a construction permit is issued for this purpose.
10.4
NON-CONFORMING USE
10.4.1
EXTENDING OR MODIFYING A NON-CONFORMING USE OF A STRUCTURE
The total floor area occupied by a non-conforming use of a structure, on the date
on which these provisions come into force making this use non-conforming, may
not be enlarge.
10.4.2
REPLACING A NON-CONFORMING USE
A non-conforming use may only be replaced by a use that conforms to this By-law.
10.4.3
REPAIRING A STRUCTURE WHOSE USE IS NON-CONFORMING
A structure, whether non-conforming or conforming, whose use is non-conforming
may be repaired and maintained as required, so as not to become a danger to
health or security.
10.4.4
ABANDONING, CEASING OR INTERRUPTING A NON-CONFORMING USE
If a non-conforming use of a conforming or non-conforming structure or landsite,
protected by acquired rights, has been abandoned, has ceased or has been
interrupted for a period of six (6) consecutive months, the site may no longer be
used except in conformity with the use permitted by this zoning by-law and it will no
longer be possible to reinstate the previous use.
A use is deemed to be "abandoned" when all forms of activities normally attributed
to the use cease.
The calculation of six (6) months may include a period of time spanning before and
after the coming into force of this by-law.
When an ancillary usage is connected to a main usage protected by an acquired
rights and that main usage has been abandoned, has ceased or has been
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interrupted then that ancillary usage should cease as soon as the main usage has
been abandoned, has ceased or has been interrupted.
(By-law 720-94-1, sec. 70)
10.5
RETAINING WALL ALONG LAKE ST-LOUIS
A retaining wall or a part of a retaining wall may be repaired, but not replaced by
another retaining wall or a part of a retaining wall.
10.6
NON-CONFORMING SIGN
10.6.1
ENLARGING, MODIFYING OR REBUILDING A NON-CONFORMING SIGN
A non-conforming sign may not be enlarged, modified or rebuilt except in
conformity with the provisions of this By-law.
10.6.2
REPLACING A NON-CONFORMING SIGN
A non-conforming sign may only be replaced by one that is conforming.
10.6.3
MOVING A NON-CONFORMING SIGN
A non-conforming sign may be moved only to render it conforming.
10.6.4
MAINTENANCE AND REPAIR
A non-conforming sign or a sign whose use is non-conforming may be repaired
and maintained at all times, provided that it is not enlarged, replaced, or moved,
in whole or in part.
10.6.5
OBSOLETE SIGN
A permanent sign, including its support, becomes obsolete as soon as a business
ceases operations.
Any obsolete sign, including its support, must be removed within one (1) month
after the business ceases operations.
10.7
NON-CONFORMING LOT MADE VIABLE
Any lot subdivided before October 31, 1960, provided with aqueduct installations
but lacking the area or dimensions required by the City's subdivision by-law, may
still be used for the construction of buildings authorized in each zone, provided
that:
a) The prescribed installation standards of this By-law are respected, with the
following exceptions:
i.
If the non-compliance is related to the width of the property and this width
is at least 4.5 meters narrower than the standards specified in the by-law,
a setback on the side of the property may be reduced by 33%.
Where the width is no greater than eighteen (18) meters, the lateral
setbacks may be reduced on each side.
(By-law 720-94-1, sec. 70)
ii.
If the non-compliance is related to the area of the landsite and this area is
less than the standards specified in this by-law, the rear setbacks may be
reduced up to 33%.
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(By-law 720-94-1, sec. 70)
iii.
Repealed (By-law 720-94-1, sec. 70)
b) All the other standards prescribed in this by-law, as well as those in the City's
Construction by-law, are respected.
(By-law 720-83, sec. 14 & 15)
ZONING BY-LAW # 720 (CONSOLIDATED), AS AMENDED
123
CHAPTER 11
TERMINOLOGY INDEX
For purposes of interpreting this By-law and unless the context indicates otherwise, the
following terms or words have the meaning and application given to them herein:
ABOVEGROUND SWIMMING POOL (piscine hors-terre)
A hard-sided swimming pool installed permanently on the ground surface.
ADVERTISING SIGN (enseigne publicitaire)
Advertising sign of which the surface area is 2.5m2 or less placed on an immovable that
is located elsewhere than the business, product, service or landsite being advertised.
ANCILLARY BUILDING (bâtiment accessoire)
A building, attached to or detached from the main building and other than the main
building, built on the same landsite as the main building and in which one or more
accessory uses are carried out exclusively.
(By-law 720-128, sec. 1)
ANCILLARY STRUCTURE (construction accessoire)
Structure detached from, and subordinate to a main building and located on the same
landsite.
ANCILLARY USAGE (usage accessoire)
Any use of a structure, a landsite or portion thereof which is subordinate to, facilitates or
improves the main use and which is a normal and logical extension of the main use.
ANTENNA (antenne)
Device used or intended to be used for the reception or broadcasting of radio, television
and other electro-magnetic signals.
Telecommunication antenna is used or intended to be used for transmission and
reception including cellular communication.
AQUATIC PLANTS (plantes aquatiques)
Hydrophytes, including submergents, floating plants, emergents and emerged
herbaceous and woody plants characteristic of open marshes and swamps.
AREA OF SIGN (superficie d'enseigne)
Total surface area situated within a continuous, real or imaginary line that surrounds the
extreme physical limits of a sign, excluding the frame and the supporting structure.
ATTACHED BUILDING (bâtiment contigu ou en rangée)
Building attached to at least two (2) other buildings, which sidewalls are party wall or are
in contact in whole or in part, except for the wall at the end of a row. A minimum of three
(3) buildings are necessary to constitute a row of attached buildings.
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AWNING (auvent)
Covering, retractable or not, installed on or projecting beyond the external wall of a
building. A retractable awning is not considered part of a main building.
BACK YARD (cour arrière)
Part of a landsite limited by two (2) side landsite line, the rear landsite line, the back wall
of the main building and its extension parallel to the street line and going from a lateral
side landsite line to another. In a case of a corner landsite and a through-corner landsite,
there is no back yard (see illustration 18).
BACKLIT SIGN (enseigne éclairante)
Sign designed to emit an artificial light for an interior source of light and can have one or
more translucide surface.
BALCONY (balcon)
An open cantilevered platform, protected by a guard, projecting from one or several
exterior walls of a building, which access can only be from the inside of the building. A
balcony is not considered part of a main building.
BASEMENT (sous-sol)
Portion of a building of which half the finished wall is located below ground and without
exceeding one metre fifty (1,50m) in height above-ground. A wall facing Lake Saint-
Louis is not to be considered in the calculation of the number of story. Except as
otherwise provided in this By-law, a basement shall not be counted in the calculation of
the floor area ratio. (By-law 720-119, sec. 25 d))
BAY WINDOW (fenêtre en saillie)
Alcove of a room, projecting from an exterior wall of a building and having its own
window. A bay window is considered part of a main building.
BED AND BREAKFAST ESTABLISHMENT (Gîte)
Establishments that offer, for an all-inclusive price, accommodation in rooms in a private
residence where the operator resides and rents a maximum of 5 rooms receiving a
maximum of 15 persons, including breakfast served on the premises.
BILLBOARD (panneau-réclame)
Advertising sign of which the surface area exceeds two point five square metres (2.5m2)
placed on a landsite that is located elsewhere than the business, product, service or
landsite being advertised.
BLOCK (îlot)
Area of land surrounded, in whole or in part, by public streets.
BUILDING (bâtiment)
Structure, existing or proposed, with roof resting on a wall or column, used or intended to
be used to shelter people, animals and objects.
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BUILDING HEIGHT (hauteur d'un bâtiment)
Vertical distance measured perpendicularly from the average level finished ground at the
centre of the facade to the highest level of the roof, excluding any parapet, skylight,
chimney or any roof top structure provided for elevator machinery, stairways and service
rooms.
CADASTRAL OPERATION (opération cadastrale)
Division, subdivision, resubdivision, redivision, cancellation, correction, addition, or
replacement of lots numbers under the Cadastre Act (R.S.Q., chapter C-1) of the
Quebec Civil Code.
CANOPY (marquise)
Permanent roof-like structure projecting beyond the wall on a building or a freestanding
structure and resting on pilasters either generally designed and erected for architectural
effect or to provide protection from the weather.
For service station use, gas station use and gas-station convenience store use, a
canopy is an open shelter with roof above the gas pumps. May be attached or detached
to the main building.
CANOPY SIGN (enseigne marquise)
Sign that is part of or attached to any canopy.
CARPORT (abri d'auto)
Open sided structure attached to the main building with a roof supported by columns,
used or intended to be used to store licensed vehicles of the occupant of a main
building. When a carport has more than 60% of the total area of its perimeter enclosed
by walls, doors or windows, it is considered a garage.
CELLAR (cave)
Portion of a building of which half or more of the height between the finished floor and
the finished ceiling is under the average grade level of the landsite around the building.
A cellar is not counted as a story in determining the height of a building in stories.
CERTIFICATE OF LOCATION (certificat de localisation)
Technical description and a plan indicating, among other things, the dimensions of a
landsite, the exact location of one or more structures in relation to the limit of one or
more adjacent landsites or of any adjacent public street, prepared and certified by a
registered Quebec land surveyor.
COLLECTOR STREET (voie collectrice)
Public street designed primarily to provide access to local streets.
COMMERCIAL CENTRE (centre commercial)
Grouping together of a minimum of six (6) commercial establishments, located in one or
several buildings, erected on one landsite and designed, developed and managed as a
whole.
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COMMERCIAL SIGN (enseigne commercial)
Sign installed on an immovable landsite indicating the name and the nature of a
commercial establishment.
COMMERCIAL VEHICLE (vehicule commercial)
Vehicle, which is used or intended to be used for commercial or industrial purposes and
which exhibits graphics related to a commercial or industrial activity.
COMMUNAL SIGN (enseigne répertoire)
Sign identifying more than one occupant of an immovable landsite. The communal sign
must be uniformly illuminated or indirectly illuminated or not illuminated at all.
COMPETENT AUTHORITY (autorité compétente)
Person, service or organism entitled to issue an advice, sign plans, authorise a project or
any other activity of its competence.
CORNER LANDSITE (terrain d'angle)
Landsite abutting on the inner angle of an intersection of two (2) public streets or on the
inner angle of a single public street, provided that this angle be less than 1350.
COASTLINE (littoral)
Part of a watercourse or lake that extends from the high water mark toward the centre of
the body of water
COUNCIL (conseil)
Municipal Council of the City of Beaconsfield governed by the Cities and Towns Act.
CUL-DE-SAC (cul-de-sac)
Any portion of a public street but not leading to another street at its end.
CURB (bordure)
Edging delineating roads and parking areas.
DECORATIVE FENCE (clôture décorative)
Pierced and discontinuous structure erected strictly for decorative, aesthetic or
architectural purposes and intended only to divide part of a landsite, without preventing
ingress to or egress from such landsite.
DEMOLITION (démolition) Repealded
(By-law 720-128, sec. 2)
DETACHED BUILDING (bâtiment détaché)
Building detached from any other building.
DETACHED SIGN (enseigne detachée)
Sign on a post, pedestal, low wall or pylon and not attached to a building.
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DEVELOPMENT PLAN (plan d'aménagement)
Detailed plan prepared for a given territory, showing land usages, land occupation
densities, traffic ways, and any other relevant elements to the comprehension of an
urban development project.
DIRECTIONAL SIGN (enseigne directionnelle)
Sign indicating which direction to take in order to reach a destination which itself is
identified.
DITCH (fossé)
Depression dug in the ground to allow the drainage of the soil or the flow of surface
water from neighbouring lands, with the exception of a drainage ditch, of a participant
ditch, or a public road ditch.
DRAINAGE DITCH (fossé de drainage)
Long depression dug in the ground, which exists only as a result of human intervention,
and which is used for the sole purposes of drainage and irrigation of a watershed with an
area of less than 100 hectares.
DWELLING UNIT (logement)
A suite of rooms with a separate entrance and equipped or designed to be equipped with
heating, sanitary and cooking facilities and intended to be used as a residence by one or
more individuals.
EDUCATIONAL INSTITUTIONS (établissements d'enseignement)
Establishments that offer accommodation in an educational institution, governed by
whichever Act, except if the accommodation units are rented to students of the institution
only.
ELECTRONIC BILLBOARD (panneau électronique)
Sign equipped with a device that allows the display of fixed or repeating messages in
illuminated letters or images.
EXISTING (existant)
Anything that is already built or occupied or any extension thereto.
EXTENSION (agrandissement)
Works carried out to increase the floor area or volume of a building or use.
EXTERIOR WALL (mur extérieur)
Wall of a building, part of which faces the exterior, including a façade.
(By-law 720-128, sec. 3)
FACADE (façade)
Front wall of a main building facing a public street where is usually located the main
entrance.
In the absence of a fronting public street, the façade is governed by the location of the
main entrance to the main building.
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FAMILY-TYPE RESOURCES (ressources de type familial)
As specified in An Act Respecting health services and social services (R.S.Q., Chapter
S-4.2), the family-type resources comprise foster families and foster homes:
Foster family: One or two persons receiving in their home a maximum of nine children in
difficulty entrusted to them by a public institution in order to respond to their needs and
afford them living conditions fostering a parent-child relationship in a family-like
environment may be recognized as a foster family.
Foster home: One or two persons receiving in their home a maximum of none adults or
elderly persons entrusted to them by a public institution in order to respond to their
needs and afford them living conditions as close to a natural environment as possible
may be recognized as a foster home.
FAST-FOOD RESTAURANT (restaurant-minute)
Commercial establishment open to the public where meals can be prepared and served
quickly.
FENCE (clôture)
A continuous structure, the purpose of which is to delineate a landsite or to prevent
ingress to or to egress from such landsite.
FIRE LANE (voie d'accès en cas d'urgence)
Easement free of any structure, maintained along the perimeter of a building or a
landsite and connecting to a public street, in order to provide access to emergency
vehicles. A fire lane may be paved or not, but must be solid enough to safely support
and allow the circulation of emergency vehicles.
FIREWALL (mur coupe-feu)
Fire separation of non-combustible construction, which subdivides a building or
separates adjoining buildings into limited fire areas so as to resist the spread of fire and
which has a fire resistance rating as prescribed by the current edition of the National
Building Code and has structural stability to remain intact under fire conditions for the
required fire-rated time.
FIRST STORY (rez-de-chaussée)
Story above the basement or cellar or closest to the grade level when the building as
neither one of them.
FLEXIBLE FENCE (clôture flexible)
Non-removable construction made of a nylon mesh material supported by flexible poles
and equipped with a permanent type anchoring system.
FLOODPLAIN (Plaine inondable)
Area occupied by a lake or watercourse during flood periods. The floodplain
corresponds to the geographic extend of the flooded area whose limits have been
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129
identified by the 20-year flood elevations and 100-year flood elevations established in
the current by-law.
FLOOD-PROOFING (Immunisation)
Flood-proofing of a construction of a building, of the execution of works or of the
development of a landsite, is the implementation of various measures designed to
provide the necessary protection against possible flood damage.
FLOOR AREA (superficie de plancher)
Gross floor area within the exterior perimeter of a main building, measured at each floor,
including the area of the attached garage. The total floor area must not include the area
of the exterior steps, the gallery, the balcony, the porch, the carport, the veranda and the
cellar.
FLOOR AREA, GROSS LEASABLE (surface brute locative de plancher)
Equivalent to 80% of the gross floor area of a building.
FLOOR AREA RATIO (F.A.R.) (coefficient d'occupation du sol, C.O.S)
Ratio between the gross floor area of a building and the total area of the landsite upon
which such building is erected.
FREE RESIDUAL SPACE (espace libre résiduaire)
Space on a private land including the right-of-way of a public street that is not occupied
by a construction or an equipment (By-law 720-119, sec. 25 a))
FRONTAGE OF A BUILDING (frontage d'un bâtiment)
Total width of the facade of a main building.
FRONT LANDSITE LINE (ligne avant d'un terrain)
Line located in the front of the landsite along a street. This line may be non-rectilinear.
FRONT SETBACK (marge avant)
Within the front yard, portion of land located between the front landsite line and an
imaginary line parallel to this one.
FRONT YARD (cour avant)
Portion of a landsite located between the street line and the actual or imaginary line of
the front wall of the main building and its extension, parallel to the street line and running
from one landsite lateral line to the other. (see illustration 18)
GALLERY (galerie)
Platform attached to a main building, surrounded by a guard and equip of a staircase to
go up and down and communicating inside of the house by one or many openings. A
gallery must be at least sixty centimetres (60 cm) high.
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GAS STATION (poste d'essence)
Establishment selling liquid or gas fuel at consumers who have to serve themselves.
Besides the fuel, lubricants and others auxiliary products may be sold.
GAS-STATION CONVENIENCE STORE (poste d'essence dépanneur)
Establishment selling liquid or gas fuel at consumers who have to serve themselves.
Besides the fuel, lubricants and others auxiliary products as well as food products and
small items may be sold. A restaurant-café can be operated in the convenience store.
GENERAL TOURIST ACCOMMODATION ESTABLISHMENTS
(établissement d'hébergement touristique général) :
Establishments, other than principal residence establishments and youth tourist
accommodation establishments, where accommodation is provided through one or more
types of accommodation units.
Grass, grassed area (gazon, terrain gazonné)
Slab of earth covered with natural herbs from a seedling which requires maintenance so
that it remains short and dense. A synthetic or artificial herb is not grass."
GREEN HOUSE (serre)
Auxiliary structure detached from the main building where plants are cultivated. A green
house should be entirely in glass or translucent.
HEDGE (haie)
A continuous row of shrubs or plants that have taken root and whose intertwined
branches can be trimmed at various heights. A hedge must not be considered a fence.
HIGH-VELOCITY ZONE (zone de grand courant)
Zone corresponding to the part of a floodplain that may be flooded during a 20-year flood
event.
HIGH WATER MARK (ligne des hautes eaux)
Line being used to delimit the littoral and the riverbank. The high water mark is located
at the natural high water mark according to one of these following criteria and according
to the priority following order:
1.
At the point where predominantly terrestrial plants succeed predominantly aquatic
plants or where there are no aquatic plants, the point closest to the water where
terrestrial plants no longer grow;
2.
For a legally existing retaining wall, the top of the structure;
3.
If the information is available, the high water mark is located at the 2-year limit,
considered to correspond to the mark established according to the botanical criteria
defined in paragraph 1.
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HEIGHT OF THE SIGN (hauteur d'une enseigne)
Height of the sign measured vertically between the average ground level, adjacent to the
frame, and the superior top of the sign, including the frame.
HOTEL ESTABLISHMENTS (établissements hôteliers)
Establishments that offer accommodation in furnished rooms, suites or apartments that
have kitchen facilities, including hotel services.
HOT TUB (spa)
Outdoor or indoor tank equipped with hydro-jets and holes filled or intended to be filled
with water and working with a mix of compressed air and water.
IDENTIFICATION SIGN (enseigne d'identification)
For a building, a residential integrated project or a commercial centre, sign indicating the
name or the address of the building, residential integrated project or a commercial
centre.
ILLUMINATED SIGN (enseigne éclairée)
Sign equipped with its own source of artificial lighting whose specific purpose is to
illuminate the sign, including the frame.
INFRASTRUCTURES (infrastructures)
In a limitative way, the water main and sewer networks, drinking water supply and waste-
water purification terminals, the electricity, gas, gasoline, transmission networks with the
exception of transmission and reception towers and antennae, railway lines, ferry
landings, bridges, communal wells to catch underground water, works above ground
level to catch surface water, flood protection works.
INGROUND OR SEMI-INGROUND SWIMMING POOL (piscine creusée ou semi-
creusée)
Swimming pool that is partially or completely buried with a minimum depth of thirty
centimetres (30 cm) under the ground surface.
INTEGRATED PROJECT (projet d'ensemble)
Construction project for a group of buildings to be built on one (1) landsite adjacent to a
public street, which can be carried out in phases, having in common certain services or
equipment, and whose planning, promotion and development are carried out as a whole.
INTERIOR LANDSITE (terrain intérieur)
Landsite abutting a public street, other than a corner landsite, a through corner landsite
or a through interior landsite.
INTERGENERATIONAL HOME (maison intergénérationnelle)
A single-family home to which a separate dwelling has been added allowing cohabitation
between grandparents, parents and children.
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IRREVERSIBLE DEADLINE (dépérissement irréversible)
The fact that more than 50% of the crown is made up of dead wood.
LANDSITE (terrain)
One or more lots comprising one immovable landsite owned by an owner or by a group
of co-owners and forming a landsite. A landsite shall be used for one (1) main use only.
LANDSITE COVERAGE (coefficient d'emprise au sol)
Ratio between the total main building area and the total area of a landsite, upon which
such building is erected.
LANDSITE DEPTH (profondeur de terrain)
Average depth of a landsite measured between the front landsite line and the rear
landsite line of the same landsite.
LANDSITE FRONTAGE (frontage d'un terrain)
Length of the front landsite line.
LANDSITE LINE (ligne de terrain)
Boundary line of a landsite. This line may be non rectilinear.
LANDSITE WIDTH (largeur d'un terrain)
Quotient of the landsite area divided by the length of the longest line drawn
perpendicularly to the front line of the land to the rear landsite.
LATERAL LANDSITE LINE (ligne latérale de terrain)
Line separating a landsite from another landsite which originates from the front line of
the landsite.
LATERAL SETBACK (marge latérale)
Portion of land located located in the side yard, between the sideline and a line parallel
to this one.
LEQ (LEQ)
An index expressing the dose of acoustic energy received during a specific period.
LITTORAL (littoral)
Portion of Lake St-Louis and the watercourses which extends up to the land from the
natural high water mark.
LOADING BAY (aire de chargement)
Off-street area, large enough to allow manoeuvring and parking of a commercial vehicle
during loading and unloading.
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LOCAL STREET (voie locale)
Public street designed primarily to provide access to a limited number of fronting
landsites boarding such street.
LOT (lot)
Basic land division identified and delimited at the official cadastral deposited to the
Ministre des Ressources naturelles et de la Faune according to the Cadastre Act
(R.S.Q., C-1) or the Quebec Civil Code in force.
LOW-VELOCITY ZONE (Zone de faible courant)
The zone corresponds to the part of a floodplain beyond the high-velocity zone that may
be flooded during a 100-year flood event.
MAIN BUILDING (bâtiment principal)
Building designed for a main use.
MAIN BUILDING AREA (superficie d'emprise au sol)
Maximum exterior area of the horizontal projection of the building on the ground,
including overhangs, and including the area of veranda, cold room, storage space and
attached garage, but excluding the area of the gallery, the carport, the balcony, the
porch and the detached garage.
(By-law 720-128, sec. 4)
MAIN STRUCTURE (construction principale)
Structure designed for a main use.
MAIN USAGE (usage principal)
Main purpose for which a landsite or building is used, occupied or intended to be used or
occupied.
MANAGED FOREST (forêt aménagée)
Lot or part of a lot that is not an unmanaged forest.
MECHANICAL EQUIPMENT (équipement mécanique)
Electrical, plumbing, heating or air conditioning device or conduit, such as a heat pump,
an electricity or gas meter, a ventilation shaft and an air conditioning, other than an
individual movable air conditioner.
MOBILE HOME (maison mobile)
Manufactured dwelling designed to be moved to its future landsite. It includes the
connections to public service systems and may be suitable for a year-round occupancy.
MOVING (déplacement)
Act of transporting a structure from one location to another.
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NURSING HOME (centre d'accueil)
Facilities designed for in-patients, out-patients or senior citizens for the lodging,
maintenance, keeping under observation, treatment or social rehabilitation, as the case
may be, of persons whose condition by reason of their age or their physical, personal,
psycho-social or family deficiencies, is such that they must be treated, kept in protected
residence or, if need be, for close treatment, or treated at home, including nurseries, but
excepting day care establishments, foster families, vacation camps and other similar
facilities maintained by a religious institution to receive its members or followers.
OUTDOOR FIREPLACE (foyer extérieur)
Structure located outside a main building and designed for containing fire.
OFF-ROOF STRUCTURE (construction hors-toit)
Structure erected on a building roof containing a tank, a machinery, an elevator, a
stairway, a ventilation or a light shaft.
OFFICER IN CHARGE (officier responsable)
Municipal civil servant responsible for the applicability of Municipal by-laws related to
Urban Planning.
PARAMEDICAL SERVICE
Service pertaining to health, but which field of intervention does not aim at the exercise
of the medicine exclusively practiced by doctors.
PARK (parc)
Public landsite intended to be used solely for walking, resting or playing.
PARKING LOT (espace de stationnement)
Whole of parking spaces including the access of alleyways.
PARKING SPACE (case de stationnement)
Single space reserved to park a motor vehicle according to the dimension and layout
requirements of this Zoning by-law.
PARTICIPANT DITCH (OR LINE) (fossé mitoyen (ou de ligne))
Lengthwise depression dug in the ground and used exclusively to drain two contiguous
lands.
PARTY WALL (mur mitoyen)
Dividing wall jointly owned and jointly used by two (2) parties in virtue of a servitude
agreement or by right in law, and erected at or upon a line separating two (2) landsites
each of which is, or is capable of being, a separate immovable landsite.
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PATIO (patio)
Platform resting or not on supports. A patio must not be higher than sixty centimetres (60
cm), measured one (1,.0 m) away from it. A patio must considered part of landscaping.
PERGOLA, GAZEBO (pergola, pavillon)
Light structures used as an open shelter and which constitute an ancillary structure to a
residential use.
PEDESTRIAN PATH (passage piétonnier)
Public land intended to provide passage for a pedestrian between two (2) public streets
or to provide access to a park.
PERMEABLE PAVING (surface permeable)
Solid ground surface, strong enough to take heavy loads, like large vehicle, while at the
same time, they allow water to filter through the surface.
PIPE BOWL-SHAPED BLOCK (îlot en tête-de-pipe)
Building block by which access is provided by one local street only.
POOL EQUIPMENT (équipement d'une piscine)
A swimming pool and any equipment, construction, system and accessory designed to
ensure proper functioning of the pool, to ensure the safety of persons or to allow or
prevent access to the pool.
POOL SHED (cabanon de piscine)
Ancillary building used for storage of pool equipments. It can contain a shower and
dressing room.
PORCH (porche)
Open covered platform not closed by walls and attached to a main building but not
considered part of it.
PORTABLE POOL (piscine démontable)
A soft-sided swimming pool, inflatable or not, designed to be installed on a temporary
basis.
PORTABLE SIGN (enseigne portative)
Sign not permanently mounted and which can be moved.
PRINCIPAL
RESIDENCE
ESTABLISHMENTS
(établissement
de
résidence
principale) :
Establishments where accommodation is offered, by means of a single reservation, in
the main residence of the operator to one person or a single group of related persons at
a time and not including any meals served on site.
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PRIVACY WALL (mur intimité)
Vertical construction limiting visual contact and that ensures intimacy between two
properties without preventing ingress or egress from such properties.
(By-law 720-119, sec. 25 b))
PRIVATE STREET (voie privée)
Piece of land, delineated on a cadastral plan and intended to be used for the circulation
of vehicles, without being a public street.
PROJECTING SIGN (enseigne en saillie)
Sign attached on the wall of the building and perpendicular with this one.
PROJECTION OF PART OF BUILDING (partie de bâtiment en saillie)
Part of a building that projects beyond the building line.
PUBLIC ROAD (OR ROAD) DITCH (fossé de voie publique (ou de chemin))
Lengthwise depression dug in the ground and used exclusively to drain a public road or
path.
PUBLIC STREET (voie publique)
Street owned by the federal, provincial or municipal government and intended to be used
for the circulation of vehicles.
RESORTS (centres de vacances):
Establishments that offer, for an all-inclusive price, accommodation, including food
services or kitchen facilities, recreational or entertainment services, and recreational
facilities and equipment.
* Some establishments of this type could also be found in the youth category if they
meet the definition of this category.
RETAINING WALL (mur de soutènement)
Vertical construction of a minimum height of 0.6 meters allowing to retain earth or any
granular material (By-law 720-119, sec. 25 c))
RAIN BARREL (baril de récupération d'eau de pluie)
Container used to collect and store rainwater from the rooftops through gutters.
REAR LANDSITE LINE (ligne arrière d'un terrain)
Line separating a landsite from another landsite, without being a front landsite line or a
lateral landsite line.
For a corner landsite and a through corner landsite, there is no rear landsite line.
REAR SETBACK (marge arrière)
Within the backyard, portion of land located between the back landsite line and an
imaginary line parallel to this one.
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RECREATION VEHICULE (véhicule récréatif)
Motor vehicle or trailer used as lodging by travellers during short periods of time or
equipped with portable sanitary facilities.
RESTAURANT (restaurant)
Public establishment except a fast food restaurant, where meals are prepared and sold.
The kitchen is equipped with commercial type equipment such as stove and others
requirements needing a hood. A restaurant may have a catering service.
RESTAURANT-CAFÉ (café-resto)
Restaurant where it is possible to drink non-alcoholic beverage and eat light meals
without commercial type cooking installation like stove, fryer or any other equipment
requiring a hood.
EVOLVING SIGN (enseigne rotative)
Sign that rotates, oscillates or moves any other way.
RIGHT-OF-WAY (emprise)
Piece of land delineated on a cadastral plan and intended to be used for the passage of
a public street, a walkway, a pedestrian path or any other public utility. The right-of-way
is also the space between the landsite line and the public street, the walkway or a
pedestrian path.
RIVERBANK (rive)
Portion of land bordering a lake and watercourse, which extends to the land from the
natural high line. The width of the bank to protect is measured horizontally.
SANITATION CUT (coupe d'assainissement)
Cutting which consists of felling or harvesting deficient, damaged, dying, damaged or
dead trees in a stand of trees.
SECONDARY FRONT LINE (ligne avant secondaire)
Line located in the front of the secondary front yard and adjacent to the street.
SECONDARY FRONT SETBACK (marge avant secondaire)
Within the secondary front yard, portion of land located between the secondary front
landsite line and an imaginary line parallel to this one.
SECONDARY FRONT YARD (cour avant secondaire)
Portion of land located between the secondary street line and the secondary front wall of
the main building and its extension parallel to the secondary street line and running from
the lateral line of the land and an imaginary line which constitutes the extension of the
front wall of the main building. (See illustration 18)
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SECONDARY STREET (rue secondaire)
In the case of a corner landsite or a through corner landsite, the street where the main
entrance of the main building is not located.
SERVICE STATION (station service)
Commercial establishment equipped with pumps and tanks used to store liquid fuel and
mainly offering its customers the following services:
a) Retail sale of fuel, lubricants and various car accessories as a main use;
b) Tuning and maintenance of vehicle, excluding paint and body work, as accessory
usage;
c) Vehicle towing and as accessory usage;
d) Mechanical or manual washing vehicle as an accessory usage.
SERVITUDE (servitude)
Legal right by which all or part of a landsite owned by a natural or legal person is subject
to a specified use or enjoyment by another.
SHED (cabanon)
Ancillary building linked to the main usage used for storing usual or casual items or pool
or recreational accessories and may have plumbing equipment.
SEMI-DETACHED BUILDING (bâtiment jumelé)
Building attached to one (1) other building, in whole or in part, by a one (1) party wall.
Landsite SIDE YARD (cour latérale)
Portion of a landsite delineated by the side wall of the main building, the side line of the
landsite and the extension of the back wall. (see illustration 18)
SIGN (enseigne)
Any writing (letters, words, numbers), any pictural representation (drawing, engraving,
photo, illustration or image), any emblem (currency, symbol or trade mark), any flag
(banner, pennant, oriflamme or streamer) or any other object or similar characteristics in
concordance of the following conditions:
a)
Is a structure or part of a structure, which is attached, painted on or which is
represented in any manner whatsoever on a building, a structure or on a land;
b)
Is used to notify, inform, announce, promote, advertise or other similar reason;
c)
Is visible from the outside of a building when the sign is located at less than 2
metres from a window.
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SOLARIUM (solarium)
Structure, adjacent to a main building, of which at least 50% of the surface of the exterior
walls are made of glass. The solarium is used as habitable room and is an integral part
of the main building.
STORY (étage)
Habitable portion of a building situated between the top of any floor and the top of the
floor above it. If there is no floor above it, between the top of such floor and the ceiling
above it.
STREET LINE (ligne de rue)
Separation line between a landsite and the right-of-way and adjacent to the landsite line.
STRUCTURE (construction)
Assembly, construction or erection of materials forming a constructed or built ensemble.
A structure, under this By-law, could mean, without limitations, a building, a garage, a
carport, a shed, a greenhouse, a swimming pool, a pavilion, a pergola, an antenna or a
fence.
SWIMMING POOL (piscine)
Permanent or temporary artificially constructed outdoor basin intended for swimming that has a
water depth equal to or greater than 60 cm and to which the Regulation respecting safety in
public baths (chapter B-1.1, r. 11) does not apply, but excludes whirlpools and hot tubs where
their capacity does not exceed 2,000 litres.
(By-law 720-120, sec. 9)
TEMPORARY BUILDING (bâtiment temporaire)
Building erected for a limited period.
TEMPORARY SIGN (enseigne temporaire)
Sign showing projects, events and activities of temporary nature such as building site,
construction project, location or sale of immovable, special activities, communal and civic
activities, commemoration, revels and others.
THROUGH CORNER LANDSITE (terrain d'angle transversal)
Landsite where three (3) different landsite lines are abutting to one or more public
streets.
THROUGH INTERIOR LANDSITE (terrain intérieur transversal)
Landsite where two (2) opposite landsite lines are abutting to more than one public
street.
TOURIST HOMES (résidences de tourisme) :
Establishments, other than principal establishment residences, that offer accommodation
in furnished apartments, houses or cottages, including kitchen facilities.
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TREE (arbre)
TREE (arbre): Tall woody plant having a main trunk and branches.
(By-law 720-116, sec. 1a); By-law 720-122-2, sec. 1)
UNMANAGED FOREST (forêt non aménagée)
Lot or part of a lot containing trees with herb layers, shrub layers and seedlings that are
not cut on a regular basis.
USAGE (usage)
Purpose for which a landsite, a building, a structure or part thereof is used, designed or
intended to be used or designed.
VERANDA (véranda)
Structure adjacent to the main building which the walls are open with a proportion of a
minimum of 50 %. The outside walls and the openings must be fitted with nets only.
The veranda is not used as habitable room and is not part of the main building.
WALL (mur)
Work enclosing or dividing space.
WALL SIGN (enseigne murale)
Sign installed flat against an exterior wall of a building and that does not project beyond
the end of the building.
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WATERCOURSE (cours d'eau)
Any body of water that flows in a bed with regular or intermittent flow, including a bed or
ditch created by human intervention. In the City of Beaconsfield, the following are
considered watercourses for the purposes of this by-law: the St. Lawrence River, Lake
St-Louis, the Rivière-à-l'Orme stream, the St-James stream and the Meadowbrook
Creek.
A ditch is not a stream.
WETLANDS (Milieux humides)
An ecosystem whose soil is saturated with water or flooded for a sufficiently long period
to influence the nature of the soil and the composition of the vegetation. Such
environments are characterized, in particular, by hydromorphic soils or vegetation
dominated by hygrophilous species. They include marshes, swamps, ponds, and bogs.
(By-law 720-130, sec. 8)
WETLAND CHARACTERIZATION STUDY (Étude de caractérisation d'un milieu
humide)
A study carried out by an expert in the field to determine the exact delimitation of a
wetland and its protection area, which meets the requirements set out in Appendix F
"Wetland Characterization Study".
(By-law 720-130, sec. 8)
WETLAND PROTECTION AREA (Aire de protection d'un milieu humide)
A 30-metre-wide strip of land bordering a wetland of interest to be protected or restored,
as identified in Appendix E "Wetlands" of the present by-law.
(By-law 720-130, sec. 8)
WORKS (ouvrage)
Retaining wall, landfill or excavation works.
WATERSIDE ROADWAY (parcours riverain)
Scenic route beginning on Lakeshore Road at the eastern border of Beaconsfield, west
on Lakeshore Road to St-Charles, north on St-Charles Boulevard to Beaconsfield
Boulevard, west on Beaconsfield Boulevard to Neveu Avenue, south on Neveu Avenue
to Lakeshore Road, and then on Lakeshore Road to the western border of Beaconsfield.
YARD (cour)
Space on a land where a main building is located but not occupied by this main building.
(See illustration 18)
Illustration 18
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(By-law 720-94-1, sec. 71; By-law 720-100, sec. 16)
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YOUTH HOSTEL (Auberges de jeunesse) :
Establishments that offer accommodation in rooms, or in beds in one or more
dormitories, including food services or kitchen facilities and full-time supervision.
* Some establishments of this type could also be found in the youth category if they
meet the definition of this category.
YOUTH
TOURIST
ACCOMODATION
ESTABLISMENTS
(établissements
d'hébergement touristique jeunesse) :
Establishments where at least 30% of the accommodation units consist of beds in one or
more dormitories or where the accommodation is primarily provided through activities
primarily for the disadvantaged or disabled.
*A dormitory corresponds to a room containing at least two beds offered for rent on an
individual basis.
(By-law 720-106, sec. 3; By-law 720-109, sec. 2; By-law 720-114, sec. 8; By-law 720-
126, sec. 7 and 8; By-law 720-129, sec. 22))
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CHAPTER 12
COMING INTO FORCE
12.1
COMING INTO FORCE
This by-law shall come into force in accordance with the provisions of An
Act Respecting Land Use Planning and Development (R.S.Q., Chapter A-
19-1)
(By-law 720-94-1, sec. 72)
CHAPTER 13
PROVISIONS PERTAINING TO SIGNAGE
Repealed (By-law 720-94-1, sec. 73)
CHAPTER 14
PROVISIONS
PERTAINING
TO
THE
ENVIRONMENT
(By-law 720-83, sec. 13)
Repealed (By-law 720-94-1, sec. 74)
CHAPTER 15
SPECIAL STANDARDS
(By-law 720-50, sec. 7)
Repealed (By-law 720-94-1, sec. 75)
CHAPTER 16
PROVISIONS
PERTAINING
TO
ACQUIRED
RIGHTS,
NON-CONFORMING
USES,
STRUCTURES AND SIGNS
(By-law 720-83, sec. 14 & 15)
Repealed (By-law 720-94-1, sec. 76)
ANNEX A- TERMINOLOGY INDEX
(By-law 720-94, sec. 8
(By-law 720-92, sec. 4)
Repealed (By-law 720-95, sec. 7)
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ANNEX A
The specification schedules, including the amendments
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ANNEX B
Zoning plan, including its amendments
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ANNEX C
Bio-retention system
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"BIO-RETENTION SYSTEM
ZONE D'ACCUMULATION =
PONDING AREA
SUBSTRAT DE PLANTATION = PLANTING SOIL
ZONE DE RECHARGE =
DISCHARGE ZONE or SAND BED (note: see next figure)
Figure: Typical section through a bioretention cell. (adapted from the DER manual,
2002)
The structure of a bioretention cell has three distinct layers: the ponding area, the
planting bed and the discharge zone.
The ponding area may vary from 15 to 45cm in depth, and receives the runoff from
surrounding surfaces. The surface area of the cell will vary, depending on the depth of
the cell. The deeper the cell, the smaller the surface area of the cell needs to be. This
design criterion will influence the type of vegetation chosen, as the plants must be able
to adapt to the maximum flood level established for the cell.
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The depth of the planting bed may be anywhere from 45 to 110cm, according to the
different manuals available and recent research. A layer of woodchips is installed over
the planting bed, to a recommended depth of 5 to 10cm.
The discharge zone or sand bed is important for preventing water from accumulating
underground. Usually comprised of clean gravel or sand, it includes a perforated drain of
the type specified for installation in soil with low hydraulic conductivity, such as clay. This
drain also helps prevent water from accumulating at the bottom of the cell, which is
especially important during cold weather when freezing occurs, so that infiltration can
continue all year long. It is therefore generally recommended to pay particular attention
to the distance between the water table and the bottom of the cell (minimum of 1m), to
avoid anaerobic conditions for the plants and bacteria in the soil, and to maximize the
filtering of pollutants in the long term." [Translation]
Source: http://espace.etsmtl.ca/641/1/GLORIEUX_M%C3%A9lanie.pdf
Thesis presented to the École de Technologie Supérieure - Mélanie
Glorieux, December 21, 2010
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"Indigenous filtering plants for bioretention areas
An ever-increasing phenomenon in the field of landscaping, bio-retention consists of
treating polluted surface water by allowing it to filter fairly slowly through landscaped
areas where soil, plants and microbial activity all work to eliminate the contaminants. For
example, gravity takes the water that runs off a paved parking lot to a lower point on the
site where adapted species have been planted. These plants filter the water before it
flows deep into the soil. This concept, more extensively developed by our American
neighbours, is increasingly attracting the interest of landscapers and Quebec municipal
officials, because it offers many advantages, such as reducing pressure on storm sewer
systems. In addition, it limits surface erosion, water pollution and the incidence of
flooding related to extreme weather events, while helping to replenish the water table.
The efficiency of bio-retention areas depends on the type of planting medium and the
careful selection of suitable plant species. The plants play the major role in this type of
landscaping. As well as contributing to the aesthetics of the site, they must trap the
pollutants, allow for the evapo-transpiration of some of the water, maximize the deep
infiltration of the water through their root systems, and support colonies of bacteria and
micro-organisms that make the system's biological activity possible. Indigenous plants
are usually preferred, because they require no fertilizers and are well adapted to the
climate and local conditions.
Plants in a bio-retention cell are subject to numerous stresses. In addition to having to
withstand urban conditions, they must:
-
Tolerate variations accentuated by the humidity rate in the soil,
-
Tolerate a high concentration of contaminants,
-
Have a dense root system that promotes deep infiltration and microbial life.
Certain indigenous species offered by Horticulture Indigo are perfect for this use. In
combination with a selection of suitable indigenous shrubs, they encourage the creation
of a stratified landscape in which undesirable species would find it difficult to establish
themselves. Moreover, species of grass, which are generally much lower in height than
woody species, provide clearer views when necessary for good visibility by users, as in
the case of a parking lot.
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Here is a list of recommended grass species:
- Andropogon gerardii
- Anemone canadensis
- Carex crinita
- Chelone glabra
- Dicanthelium clandestinum (Panicum clandestinum)
- Geum rivale
- Hierochloe odorata
- Mentha arvensis (M. canadensis)
- Mimulus ringens
- Physostegia virginiana
- Spartina pectinata
- Symphyotrichum puniceum (Aster puniceus)
- Triglochin maritima
- Verbena hastata
In conclusion, we should remember that it is preferable to opt for a combination of at
least three or four grass species rather than relying on just one. The same goes for
woody species. This diversity will promote the resistance and effectiveness of the bio-
retention area." [Translation]
Source: http://www.horticulture-indigo.com/blog/?p=331
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ANNEX D
List of invasive species
List of invasive species
1° Alliaria officinalis (Alliaria petiolata);
2° Reed canary grass (Phalaris arundinacea);
3° Anthrisque des bois (Anthriscus sylvestris);
4° Caucasian hogweed (Heracleum mantegazzianum);
5° Butomus ombellatus;
6° Water chestnut (Trapa natans);
7° Cynanche de Russie or Dompte-venin de Russie (Cynanche rossicum);
8° Cynanchum louiseæ;
9° Podagral egopod (Ægopodium podagraria);
10° Giant maple (Acer Negundo);
11° Norway maple (Acer platanoides);
12° Gaillet mollugine (Galium Mollugo);
13° Glyceria aquatica (Glyceria maxima);
14° Hydrocharide grenouillette (Hydrocaris morsus-ranæ);
15° Impatiens glandulifera;
16° Golden Iris (Iris pseudacorus);
17° Miscanthus commun (Miscanthus sacchariflorus);
18° Chinese Miscanthus (Miscanthus sinensis);
19° Eurasian water milfoil (Myriophyllum spicatum);
20° Buckthorn (Frangula alnus);
21° Buckthorn (Thamnus cathartica);
22° Siberian elm (Ulmus pumila);
23° Periwinkle (Vinca minor);
24° White poplar (Populus alba);
25° Bohemian knotweed (Fallopia X bohemica);
26° Sakhalin knotweed (Fallopia sachalinensis);
27° Japanese knotweed (Fallopia japonica);
28° Black locust (Robina pseudoacacia);
29° Amphibious reed (Rorippa amphibia);
30° Common reed (Phragmites australis);
31° Multiflora rose (Rosa multiflora);
32° Rough rose (Rosa rugosa);
33° Purple loosestrife (Lythrum salicaria).
(By-law 720-129, sec. 26)
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ANNEX E
Wetlands
(By-law 720-130, sec. 11)
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ANNEX F
Wetland Characterization Study
This document sets out the minimum requirements for a wetland characterization study
to be submitted with any permit or certificate application for a wetland identified in
Appendix E "Wetlands of Interest".
Such a study aims to determine the exact delimitation of a wetland and its protection
area in order to establish whether constructions, uses, structures, and, where applicable,
activities such as excavation, backfilling, movement of humus or non-invasive native
vegetation, or cadastral operations are located within this delimitation. In such cases, the
purpose of the study is to determine the composition of the wetland and its protection
area.
The following sections specify the requirements and basic elements that must be
included in a wetland characterization study, as well as the additional information to be
provided.
1 - REQUIREMENTS
STUDY EXECUTION
The characterization study must be carried out by an expert in the field, in accordance
with professional standards and must be signed by the person or persons who carried
out the inventories and field observations.
NORMATIVE REFERENCE
The characterization study must comply with the standards of the ministère de
l'Environnement et de la Lutte contre les changements climatiques, de la Faune et des
Parcs (hereinafter: the "MELCCFP"), as set out in the document Identification et
délimitation des milieux humides du Québec méridional (hereinafter: the "MELCCFP
Guide"). This document is available at the following address:
http://www.environnement.gouv.qc.ca/eau/rives/milieuxhumides.htm
INVENTORY METHODOLOGY
The inventories must be carried out during the growing season, that is, between May 1
(or two weeks after the last spring thaw) and October 15 (or the first autumn frost).
The validity of these inventories is five years.
The inventories must cover all wetlands present on the property subject to the
applicant's request. When a wetland extends over adjacent properties, it may be
necessary to include a portion of these adjacent properties in the inventory so that the
study can cover at least 10% of the total wetland area.
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The inventories must include, at a minimum, one inventory station per wetland and one
inventory station per protected area.
For wetlands larger than 3,000 m², additional inventory stations must be provided. A
minimum of one station in the wetland and one station in the protection area is required
for each additional 3,000 m² of wetland present on the site.
2 - BASIC ELEMENTS
MANDATORY CONTENT
Every characterization study must include the following elements:
I. Cartographic data concerning the delimitation of:
1. wetlands to be protected or restored and their protection area, as identified in
Appendix E - Wetlands of Interest;
2. watercourses and other nearby wetlands, as identified on Map 14 - Natural
Areas of the Land use planning and development concept of Montreal
agglomeration.
These data must be validated by the professional in charge of the study through field
inventories. If the data collected during the field inventories differs from the reference
data, the study must provide an explanation and justification for these differences.
II. Field inventories dates;
III. Mapped location of inventory stations;
IV. The completed "Wetland Identification and Delimitation Form" (« Formulaire
d'identification et de délimitation des milieux humides »), available in Appendix 5 of the
MELCCFP Guide, for each inventory station. Each form must include information on
vegetation, soil, and hydrological indicators in accordance with the MELCCFP Guide;
V. The type or types of wetlands (pond, marsh, swamp, or bog) and whether it is
riparian, isolated, or partly riparian or isolated. Riparian means that the wetland is
supplied with water by a watercourse (floodplain of the watercourse) and therefore forms
an integral part of it. An isolated wetland is one that is supplied by precipitation,
snowmelt, or groundwater. A wetland that is hydrologically connected to a watercourse
but drains into it is considered to be isolated;
VI. An indication of the formation of a wetland complex when several wetlands are
present;
VII. The type or types of terrestrial environments (forest stand, shrubby wasteland,
herbaceous field, anthropogenic features, etc.) present on the site targeted by the
characterization study;
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VIII. At least one representative photograph of each type of environment per inventory
station, at least one photo of the wetland and one photo of the terrestrial environment
(protection area);
IX. The location and a photograph of each flow channel that has at least one of the
following characteristics:
1. The flow channel is connected to a wetland located on the property covered by
the characterization study;
2. The flow channel runs through the protection area of a wetland;
X. A site plan prepared by an expert, showing at a minimum:
1. Property boundaries;
2. The boundaries identified by the expert in charge of the study with respect to:
a. the wetland;
b. the protection area;
c. the high-water mark boundary, if applicable;
d. the shoreline, if applicable;
e. the boundaries of floodplains, if applicable;
3. the existing location of uses, constructions, and lots;
XI. A plan showing at a minimum:
1. the proposed location of uses, constructions, structures, excavation, backfilling,
movement of humus or non-invasive native vegetation, as well as lots;
2. the boundaries of the work area.
ADDITIONAL CONTENT
When the required content of the study demonstrates that the uses, constructions,
structures, or activities are located within a wetland of interest to be protected or restored,
or within its protection area, the characterization study must include the following
elements:
I. For all homogeneous stands (terrestrial and wetland environments):
1. Their area;
2. The occurrence of dominant, co-dominant, and secondary species for each
stratum (herbaceous, shrubby, and arborescent);
3. The absolute and relative cover percentage of each plant species;
4. A description of the drainage type and slope;
5. The nature of the soil (hydromorphic or not);
6. The thickness of the peat layer, if applicable;
7. Hydrological indicators;
8. The presence of the water table within the first 30 centimeters, if applicable.
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II. For homogeneous shrub or tree stands (terrestrial and wetland environments,
excluding herbaceous stands):
1. The average height of the stands;
2. The age of the tree stands;
3. A description of the successional stage (climax);
4. The structure (uneven-aged or even-aged);
5. The canopy cover percentage;
III. For wetlands:
1. Indication concerning the applicability of a mosaic effect among the wetlands.
IV. For aquatic environments:
1. The cartographic data from Map 14 - Natural Areas of the Land use planning and
development concept of Montreal agglomeration. It is important to validate the
status of all flow channels present, even if the map in the Plan does not indicate
the presence of a watercourse;
2. The high-water mark boundary, the shoreline, and, if applicable, flood zones,
when a watercourse is present on the property targeted by the study, as defined
in section 4 of the Regulation respecting activities in wetlands, bodies of water
and sensitive areas (chapter Q-2, r. 0.1);
To this end, the characterization study must also indicate the section and the year of the
flood recurrence levels of the identified flood zones.
V. In cases of natural area loss:
1. The location and area of natural areas preserved or affected by homogeneous
stands (temporary or permanent encroachment);
2. The projected loss of canopy resulting from the implementation of uses,
constructions, structures, or activities involving excavation, backfilling, or
movement of humus or non-invasive native vegetation.
3- ADDITIONAL INFORMATION TO BE PROVIDED
I. Geomatics data in Shapefile format (NAD 83, MTM zone 8) concerning:
1. wetland boundaries, as well as data for adjacent lands within at least 30 metres
on either side of the subject property;
2. the boundaries of the protection area of any wetland covered by the
characterization study;
3. inventory station locations.
BIBLIOGRAPHY
Lachance, D., G. Fortin et G. Dufour Tremblay (2021). Identification et délimitation des
milieux humides du Québec méridional - version décembre 2021, Québec, Ministère de
l'Environnement et de la Lutte contre les changements climatiques, Direction adjointe de
la conservation des milieux humides, 70 p. + annexes, [En ligne], https://
www.environnement.gouv.qc.ca/eau/rives/guide-identif-dellimit-milieuxhumides.pdf.
(By-law 720-130, sec. 12)
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