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1.0 General Conditions

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1.0 Title

By-law 2020, as amended, may be cited as the Zoning By-law of the City of Burlington.


1.1 Compliance with Other Regulations

The standards, regulations and requirements contained in this By-Law shall apply to all lands and properties located within the corporate limits of the City of Burlington as they now exist, or as they may hereafter be enlarged or diminished.

Where the provisions of this By-Law conflict with the regulations or requirements of any other Regional, Provincial or Federal Government or an agency estqablished by the Provincial or Federal Government, the regulations or requirements of that Government or agency shall prevail.

Where there is a conflict with a provision of this By-law and the Niagara Escarpment Plan, the provision of the Niagara Escarpment Plan prevails.


1.2 Area to which By-law Applies

The provisions of this By-law shall apply throughout the Corporation of the City of Burlington, as shown on the zoning maps forming Part 15 of this By-Law, with the exception of those lands in the Niagara Escarpment Plan Area, which are subject to Niagara Escarpment Development Control, administered by the Niagara Escarpment Commission, pursuant to the Niagara Escarpment Planning and Development Act.


1.3 Repeal of Existing By-laws

By-law 1642 of the City of Burlington and all subsequent amendments thereto are hereby repealed, except that, By-Law 1642, as amended, shall continue to apply to those lands so indicated on the Maps contained Part 15.

By-law 4000-3 of the City of Burlington and all subsequent amendments thereto are hereby repealed, except that, By-Law 4000-3, as amended, shall continue to apply to those lands so indicated on the Maps contained Part 15.


1.4 Zone Designations

The City of Burlington is hereby divided into several zones, each zone representing a class of land use permitted by this By-law. The land use classifications and zoning designations are shown below:

Commercial Zones: CR, CC1, CC2CE, CN1, CN2

Development Zone: D

Downtown Centre Zones: DC, DW, DL-A, DL-B, DL-C, DRH, DRM, DRL

Employment Zones: BC1, BC2, GE1, GE2

Holding Zone: H (prefix)

Mixed Use Corridor Zones: MXG, MXC, MXE, MXT

North Aldershot Zones: RNA1, RNA2, RNA3, SNA, MRNA, CNA, ONA, DNA

Open Space Zones: O1, O2, O3

Park Zones: PPC

Residential Zones - Alton Community: RAL1, RAL2, RAL3, RAL4

Residential Zones - High Density: RH1, RH2, RH3, RH4, RH5

Residential Zones - Low Density: R1, R2, R3, R4, R5

Residential Zones - Medium Density: RM1, RM2, RM3, RM4, RM5

Residential Zones - Orchard Community: RO1, RO2, RO3, RO4

Rural Zones: RA, RG, ME

Uptown Centre Zones: UCR1, UCR2, UC, UE, UCR3, URH, UMXE, UOP, URM

Utility Services Zone: S


1.5 Zoning Exceptions

Where the Zone designation on certain lands, as shown on the Zoning Maps, is followed by a dash and a number (e.g. RH4 - 10 ) the number is referred to as the exception number. This exception number indicates that special provisions, in addition to the standard zoning provisions, apply to the zoned lands. The special provisions are set out in Part 14 - Exceptions to Zone Designations of this By-law. Lands zoned in this manner shall be subject to all of the restrictions of the Zone, except as otherwise provided by the special provisions.


1.6 Compliance with this By-law

1.6.1

No person shall use, cause or permit the use of any land, building, structure, or part thereof, or erect, repair, or alter, or cause or permit the erection, repairing or altering of any building or structure which is not in conformity with the provisions of this By-law, EXCEPT as follows:

a) Where a building or structure, the existing use of which is permitted by this By-law, has been lawfully erected prior to the passing of this By-law, or any applicable amendments thereto, is deficient in respect of any regulation required by this By-law, the non-conforming building or structure may be enlarged or altered provided that the enlargement or alteration itself complies with all applicable provisions of this By-law.

b) Nothing in this By-Law will prevent a building or structure, existing on the date of passing of this By-Law which does not conform to the yard, lot coverage, or building height regulations of the applicable zone, from changing to any use which is permitted within the zone designation of the property.

c) Nothing in this By-Law will prevent any use of land building or structure, existing on the date of passing of this By-Law and which does not conform to the permitted uses of this By-Law, from continuing until such time as the use ceases active continuous operation for a period of two years. Any use of the land, building or structure thereafter shall be a permitted use within the zone designation of the property.

d) Where a building permit has been lawfully issued for the construction of a building or structure and where the yard requirements for said building or structure is found to be in contravention of the minimum yard requirement by no more than 3 cm the non-conforming yard shall be deemed to conform with the yard requirements of this By-Law.

e) Where a building permit has been lawfully issued for the construction of a detached, semi detached, duplex, triplex, fourplex or street townhouse dwelling and where any yard for said dwelling is in contravention of the Yard requirements of this By-law, the non-conforming yard shall be deemed to conform with the yard requirements of this By-law provided the non-conforming yard has existed for 10 consecutive years.

f) The provisions and regulations of this By-law shall be held to be the minimum requirements EXCEPT where the word maximum is used, in which case the maximum requirement will apply.

g) No lot shall be changed in area or width either by the conveyance of land or otherwise so that:

(i) The lot coverage exceeds the maximum permitted by this By-law,

(ii) The existing or resulting lot area, width or yards will be less than the minimum permitted by the provisions of this By-law.

h) No person shall be deemed to have contravened any provision of this By-law by reason of the fact that any part or parts of any lot or tract of land has or have been conveyed to or acquired by any Public Authority.

i) Any building or structure which is hereafter altered for or changed to a different use shall conform to the requirements of this By-Law, except, where the building or structure is deemed to be non-conforming as set out in Part 1, Subsection 1.6.1 (b) yard, lot coverage and height requirements shall not apply.

j) Except in accordance with Footnote (a) of Part 2, Table 2.3.1, of this By-law, where the applicable zone designation establishes minimum lot width and lot area requirements for an individual dwelling unit, only one dwelling unit shall be permitted on one lot.

k) For purposes of interpreting this By-Law, permitted uses are only permitted on a lot or lot of record as defined by this By-Law.

l) Nothing in this By-law shall prevent the restoration or repair to a safe condition of any building or structure or part of any building or structure that has been deemed unsafe by the Chief Building Official, provided the restoration and repair will not increase the height and/or size of the building or structure, or change the use of the building or structure and provided that the use has not ceased active continuous operation for a period of two years.

m) Nothing in this By-law shall prevent the reconstruction of a building or structure severely damaged or destroyed by natural causes or by fire, provided the reconstruction will not increase the height and/or size of the building or structure, or change the use of the building or structure provided that the use has not ceased active continuous operation for a period of two years.

1.6.2

No buildings or structures may be erected or used unless:

a) The requirements for service connections as defined by the Ontario Building Code Act have been granted by the Region of Halton or the appropriate approval authority;

b)

(i) The municipal urban road standard of base course asphalt is provided adjacent to the frontage of the lot or connecting the lot to an assumed municipal road; or,

(ii) For lots serviced by a private road or lane and deemed to be a public road elsewhere in the By-law or for lots serviced by a private road or lane that existed on July 4, 2005, the existing road standard is provided adjacent to the frontage of the lot or connecting the lot to an assumed municipal road; or,

(iii) For lots of record that existed on July 4, 2005, not meeting the requirements of (i) and (ii) above, the existing municipal road standard is provided adjacent to the frontage of the lot or connecting the lot to an assumed municipal road;

c) The storm water management facilities are constructed and operational to service the lot;

d) All other underground services required to be installed pursuant to clause (a) and clause (b) of this subsection are constructed and operational to service the lot; and,

e) The requirements of any Parkland Dedication by-law enacted pursuant to the provisions of the Planning Act, R.S.O. 1990 c. P. 13, as amended, by the City of Burlington have been fulfilled to the satisfaction of the Director of Parks and Recreation and the City Treasurer of the City of Burlington.


1.7 Interpretation of Zone Boundaries

1.7.1

Where any uncertainty exists as to the location of any boundary of any zone, the following rules shall apply:

a) Where the zone boundary is shown following a street or lane, the centre line of the street or lane is the boundary and the zone designations shall be deemed not to be abutting;

b) Where the boundary is shown as running substantially parallel to a street or lane, and the distance from the street or lane is not indicated, the distance shall be determined by the scale of the zoning map measured from the limit of the street or lane;

c) Where the zone boundary is shown following a watercourse, the top-of-bank of the watercourse, as it exists at that time, is the boundary;

d) Where the zone boundary is shown following a natural or cultural feature the boundary shall be determined by the scale of the zoning map. Where existing features on the ground are at variance with the zoning maps, the actual location on the ground shall govern;

e) Where the zone boundary is shown as substantially following lot lines shown on a registered plan of subdivision, the lot lines are the boundary;

f) Where the location of a zone boundary within a lot is not specified by dimension on the zone map its location shall be determined by the scale of the map;

g) Where a property or lot has two or more zoning designations, the zoning boundary between the designations shall be the limit from which the zoning regulations shall apply;

h) The southerly boundary of the DL-C Zone south of Old Lakeshore Road east of Pearl Street, shall be deemed to be parallel with and 15 m back from the shoreline protection structure measured from the lakeside top edge of the structure;

i) Wherever it may occur, the City Limit is the boundary of the zone adjacent to it.

j) The determination of the boundaries of Niagara Escarpment Development Control is administratively the responsibility of the Niagara Escarpment Commission in accordance with regulations passed under the Niagara Escarpment Planning and Development Act.


1.8 Interpretation of Words

In this By-Law, words used in the present tense include the future; words in the singular include the plural; words in the plural include the singular and the word "used" includes "arranged", "designed" or "intended to be used", the word "shall" is mandatory and not permissive.


1.9 Interpretation of "√" Symbol

Where a "√" symbol appears in a table it shall mean, when associated with a use in a specified zone, that the use is permitted in that zone. When associated with a regulation it shall mean that the regulation applies to the specified zone.


1.10 Interpretation of Permitted Uses

Where a permitted use is specified it shall be permitted only within the zone designation identified. Where the term "Other" (e.g. Other Retail Uses) is used within the Permitted Use table it shall mean that any use which would normally fall within that category shall be permitted within the specified zone designation, unless otherwise prohibited by an associated Footnote or by Part 14 Exceptions to Zone Designations.


1.11 Interpretation of Phased Condominium Registration

Where a comprehensive Condominium Plan of Subdivision has received Draft Plan Approval and where registration of the Plan is intended to occur in phases or stages, the draft approved plan of condominium shall be deemed to be one lot for purposes of applying zoning provisions. Zoning regulations shall apply only to the external limits of the Plan, not to interior boundaries resulting from the registration of each phase.


1.12 Administration, Enforcement and Penalties

1.12.1

This By-law shall be enforced by the person appointed by By-Law by the Council of the Corporation of the City of Burlington as the Director of Building.

1.12.2

Where the Director of Building has reason to believe that any person has used land or erected or used any building or structure in contravention of this By-law, he or any employee of the City authorized by him, may at any reasonable hour enter and inspect the land, buildings or structures.

1.12.3

a) Every person who uses any land or erects or uses any building or structure in any manner contrary to any requirement of this By-law, or who causes or permits such use or erection, or who violates any provision of this By-law or causes or permits a violation, is guilty of an offence and on conviction pursuant to the Provincial Offences Act is liable,

  • on a first conviction to a fine of not more than $20,000.00; and
  • on a subsequent conviction to a fine of not more than $l0,000.00 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted.

b) Where a corporation is convicted under Part 1, Subsection 1.12.3 (a), the maximum penalty that may be imposed shall be:

  • on a first conviction a fine of not more than $50,000.00; and
  • on a subsequent conviction a fine of not more than $25,000.00 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted and not as provided for in Part 1, Subsection 1.12.3.(a).

c) Where a conviction is entered under Part 1, Subsection 1.12.3.(a), in addition to any other remedy or any penalty provided by law, the court in which the conviction has been entered, and any other court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted.

1.12.4 Remedies

Any building or structure erected, altered, reconstructed, extended or enlarged, or any building or structure or part thereof that is used, or any land that is used, in contravention of any requirement of this By-law, such contravention may be restrained by action at the request of any ratepayer or of the CORPORATION pursuant to the provisions of the Municipal Act in that behalf.


1.13 Illustrations

SideYard

Front Lot

Dwelling types

Circular driveway

Hammerhead driveway

Fencing

 

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