Any Use of this document is subject to this disclaimer.
Where a use is permitted by a zone designation in this bylaw, any use that is accessory to such use is also permitted, notwithstanding, the following are deemed not to be accessory uses:
The following accessory uses shall be subject to the regulations specified:
The following regulations shall apply to buildings and structures, when accessory to detached, semi-detached, duplex, triplex, fourplex or street townhouse dwellings:
a) Regulations for Accessory Buildings up to 10 m2 in floor area:
b) Regulations for Accessory Buildings greater than 10 m2 in floor area and/or greater than 2.5 m in height:
(i) Not permitted in front yard, street side yard, or required side yard.
(ii) Permitted in a rear yard subject to the following:
(iii) Notwithstanding the required setback from a side lot line, the dividing wall of a semi-detached garage may be constructed on a side lot line.
(iv) A detached swimming pool enclosure may be greater than 50 m2 in areaprovided that the yard requirements for a principal building on the same lot shall apply to the pool enclosure.
c) Regulations for Accessory Structures:
(i) Not permitted in required front, side, street side yards.
(ii) Permitted in a rear yard subject to the following:
For all other uses not mentioned in 2.2.1 and except where specified in the respective zone, the yard requirements for a principal building shall apply to accessory buildings and accessory structures.
Where a building or structure for the storage of garbage for non-residential uses would be permitted only in a rear or side yard, not in the front or street side lot line and shall comply with the following regulations:
a) Shall be located outside a required landscape area, landscape buffer and landscape open space
b) Minimum setback from a rear lot line: 1 m
c) Minimum setback from a side lot line: 1 m
d) Minimum setback from a residential zone: 15 m
e) Maximum height: 3.7 m2
f) Shall not be located in any required parking area or obstruct any required parking or drive aisles.
For all uses, accessory buildings and accessory structure may not be constructed of concrete or masonry blocks unless the blocks are decorative units or are covered with stucco or siding having a permanent colour finish.
Setback from a side lot line: 60 cm
Setback from a rear lot line: 60 cm
Setback from a dwelling: 1.5 m maximum from the front wall
Swimming pool equipment is not permitted in a front yard
Patios, as defined in Part 16 are permitted in all zones.
a) Patio roofs shall be subject to the yard and setback regulations contained in Lists 1.2.1 and 1.2.2
(a) Deck roofs shall be subject to the yard and setback regulations contained in Tables 1.2.1 and 1.2.2
(b) Decks located above the first storey in the side and rear yard of detached dwellings are not permitted.
The above shall not apply to Uptown Centre, Orchard Community and Alton Community zones.
Balconies are permitted in all zones provided:
a) Balconies located above the first storey in the side and rear yard of detached dwellings are not permitted.
The above shall not apply to Uptown Centre, Orchard Community and Alton Community zones.
Porches are permitted in all zones provided:
Table 1.2.1 - Regulations for Decks associated with Detached, Semi-Detached, Duplex, Triplex, Fourplex and Street Townhouse Dwelling Units
Deck Requirements | |||
Regulation | Over 60 cm to 1.2 m High | Over 1.2 m High | |
Up to 15 m2 | Over 15 m2 | ||
Maximum Deck Area (a) | no maximum | 15m2 | 30m2 |
Permitted in a Front Yard | no | no | no |
Permitted in a Rear Yard | yes | yes | yes |
Permitted in a Side Yard | yes | yes | yes |
Setback from a Street Line | 3 m | 4.5 m | 6 m |
Setback from a Rear Lot Line | 1.8 m | 4.5 m | 6 m |
Setback from a Side Lot Line | 1.2 m (b) | 1.8 m (b) | 3 m |
Maximum Coverage (c) | 50 % of the yard area in which decks are located |
Footnotes to Table 1.2.1
(a) Total combined area of all platforms over 1.2 m high excluding stairs.
(b) Where a side lot line extends from a common wall dividing the attached dwelling units the setback shall not apply.
(c) Coverage means the surface area of a yard which may be covered by decks
Table 1.2.2
DECK REGULATIONS FOR ALL OTHER DWELLINGS NOT INCLUDED IN TABLE 1.2 | |
Encroachment into a Required Front Yard | Not Permitted |
Encroachment into a Required Rear Yard | 3 m maximum |
Encroachment into a Required Side Yard | 3 m maximum |
Fences and walls are permitted in all zones subject to the following regulations:
a) For all non-residential uses and residential abutting non-residential uses maximum height shall be 3m provided the fence is located on a common lot line.
b) For all residential uses the following regulations apply:
(i) Maximum Fence Height: 2.0 m
(ii) Within a front yard, maximum fence height shall be 1.2 m within 3 m of the street line except that where a front yard adjoins the rear yard of a corner lot the maximum fence height along the common property boundary within 3 m of a street line shall be 2.0 m;
(iii) Fence height shall be measured vertically from grade, exclusive of any artificial embankment, to the highest point of each 3 m section of fence, excluding decorative post caps;
(iv) Where the grade elevations along the fence vary, maximum fence height may increase to 2.3 m provided that the lowest height of the same 3 m fence section does not exceed 2.0 m in height;
c) Fencing for the purpose of enclosing a tennis court is permitted to a maximum height of 3 m;
Privacy screens are permitted on decks and balconies for detached, semi-detached, duplex, triplex, fourplex, and townhouse dwellings subject to the following regulations:
a) Maximum height from grade: 2.5 m
b) Maximum height from platform: 1.8 m
c) Enclosed on two sides only
d) Setback from the street line: 9 m
e) Setback from side lot line: 1 m
f) Setback from a side lot line that extends from a common wall dividing dwelling units: 0m
g) Setback from a rear lot line: 1.5 m
h) Combined length of privacy screens (per unit): 12 m
Regulations for outdoor swimming pools:
a) On lots containing detached or duplex dwellings and on lots containing one dwelling unit of a semi-detached, triplex, fourplex or street townhouse:
(i) On lots less than 12 m wide, swimming pools are permitted in a rear yard only.
(ii) On lots 12 m wide or greater, swimming pools are not permitted in a required front or street side yard
(iii) In-ground pools shall be set back 1.5 m from a property line or street line, measured from the inside wall of the pool.
(iv) Above-ground pools shall be set back from a property line or street line 1.5 m plus 30 cm for each 30 cm that the top of the pool wall is above the grade elevation at the property line, measured from the inside wall of the pool.
b) On lots containing residential dwellings other then those identified in (a) above, in-ground and above-ground pools shall be set back 15 m from a lot line or street line, measured from the inside wall of the pool.
c) A hydro-massage pool having a water surface area which is less than 8 m2 shall not be subject to the above regulations.
d) On lots abutting a pipeline, a swimming pool must be setback 3m from the limits of the right-of-way.
Video Games and Pinball Machines are permitted accessory to the following uses:
a) Hotel
b) Recreation Establishment
c) Standard Restaurant or Night Club
d) Industrial Use
All regulations specified by the respective zone designation for lands on which propane fuel is to be stored or handled shall apply to propane fuel storage and handling facilities except as amended herein:
a) Propane fuel storage tanks shall not be located in any required front yard, side yard, or street side yard.
b) No part of a remote propane fuel dispensing island shall be located closer than 4.5 m to a street line or lot line, and in the case of a corner lot, no part of a remote propane fuel dispensing island shall be located within an area bounded by the street lines and the chord formed by a 15 m radius centred at the intersecting street lines.
c) Private Propane Transfer Facility: Equipment used in the dispensing, storage, handling or transfer of propane fuel shall not be located within 30 m of a residential zone.
d) Retail Propane Transfer Facility: The following regulations and the regulations specified by the zoning designation for lands on which a Retail Propane Transfer Facility is located shall apply, except as amended herein and where the Retail Propane Transfer Facility is in conjunction with a service station the service station regulations shall also apply:
(i) Minimum lot area: 3000 m2
(ii) The property is located 30 m from a residential zone
(iii) The property is separated from a residential zoned property by a street having a deemed width of 30 m or greater.
(iv) Propane storage tanks shall not be located in a required front, side or street side yard and shall maintain a setback of 6 m from a street line and 3 m from any other property line.
(v) The maximum aggregate storage capacity of propane fuel shall be 45,000 litres.
The following regulations apply to parking of trailers and recreation vehicles on lots for detached dwellings, semi-detached dwellings, street triplex dwellings, street triplex and fourplex dwellings and street townhouse dwellings, in all zones except RA and RG zones:
a) Any recreational vehicle, trailer or any load thereon including a boat, whether on or off a trailer or other supporting device, which does not exceed a height of 1.82 m, may be parked or stored in any yard.
b) Any recreational vehicle, trailer or any load thereon including a boat, whether on or off a trailer or other supporting device, which exceeds a height of 1.82 m, may be parked or stored in any yard between May 1st and October 31st. At any other time such parking or storage is permitted only in yards other than a front yard or street side yard.
c) Notwithstanding (b) above, the parking or storage of a recreational vehicle, trailer or any load thereon including a boat, whether on or off a trailer or other supporting device, which exceeds a height of 3.66 m, is prohibited.
d) Parking and storage of recreation vehicles and trailers is not permitted within a visibility triangle, at street intersections and railway intersections.
The regulations specified by the zoning designation in which a car wash use is permitted shall apply in addition to and as amended by the following:
a) Front Yard and Street Side Yard: 6 m; 20 m where car wash bay doors face a street.
b) Where a car wash abuts a residential zone the yard abutting the residential zone shall be as required by the zoning of the property or 12 m, whichever is greater.
c) Queuing Lane:
For a self-serve (manual) car wash sufficient space shall be provided on-site to accommodate 3 vehicles in a line commencing at the entrance of each wash bay and 1 vehicle at the bay exit;
For an automatic (mechanical) car wash sufficient space shall be provided on-site to accommodate 10 vehicles in a line commencing at the entrance of each wash bay and 2 vehicles in a line at each bay exit;
A Retail Propane Facility is permitted in conjunction with a Service Station subject to Part 1, Subsection 2.7 and as follows:
The regulations specified by the BC1, GE1, GE2 zoning designation in which a motor vehicle service station use is permitted shall apply in addition to and as amended by the following:
Table 1.2.3
Regulation | Requirement |
Lot Width |
Interior Lot: 35 m Corner Lot: 45 m |
Lot Depth |
45 m |
Lot Area |
1500 m2 |
Front Yard and Street Side Yard | 9 m for kiosk buildings up to 14 m2 floor area housing cash registers and fuel pump control equipment;
20 m for all other buildings. |
Yard abutting a residential zone |
9 m; 12 m for buildings containing a car wash |
Other yards |
4.5 m |
Building Height |
1 storey maximum |
Convenience Store Floor Area |
150 m2 maximum |
Convenience Store Parking |
4 spaces/100 m2 GFA |
Table 1.2.4
Regulation | Requirement |
Lot Widt |
Interior Lot: 35 m Corner Lot: 45 m |
Lot Depth |
45 m |
Lot Area |
1500 m2 |
Front Yard and Street Side Yard | 9 m for kiosk buildings up to 14 m2 floor area housing cash registers and fuel pump control equipment;
20 m for buildings containing a car wash |
Yard abutting a residential zone |
12 m for buildings containing a car wash |
Queing Lane
(i) For a self-serve (manual) car wash sufficient space shall be provided on-site to accommodate 3 vehicles in a line commencing at the entrance of the bay and 1 vehicle at the bay exit.
(ii) For an automatic (mechanical) car wash sufficient space shall be provided on-site to accommodate 10 vehicles in a line commencing at the entrance of the bay and 2 vehicles at the bay exit.
Exterior Lighting
Exterior light standards or other illumination devices shall be setback 3 m from any street line and shall be directed away from streets and adjoining properties.
Canopy
A canopy or roof over a fuel pump island shall maintain the following setbacks:
Access
Each means of access shall maintain the following requirements:
(i) A width of 7.5 m measured perpendicular to the centre line.
(ii) A maximum of two accesses per street frontage having a minimum separation of 7.5 m measured along the street line.
(iii) For corner lots each access shall be setback from the intersection of two street lines a minimum of 13.5 m where the deemed street width is 30 m or less and 18 m where the deemed street width is greater than 30 m.
(iv) Each access shall be setback a minimum of 3 m from a side or rear lot line.
(v) The interior angle formed by the intersection of a street line and the centre line of the access shall be between 70 degrees and 90 degrees.
(vi) The area between two accesses and the area forming a visibility triangle shall be curbed and kept free of any obstruction.
Islands
Fuel pump islands shall maintain a setback of 4.5 m from a street line or lot line. On corner lots fuel pump islands are not permitted within the area formed by intersecting streets and the chord of a 15 m radius measured from the point of intersection.
For purposes of determining front lot line, or side lot line abutting a street, a daylight triangle is deemed not to exist, provided the minimum distance of any building or structure from the hypotenuse of a daylight triangle is 3 m.
Street Intersections:
At every street intersection visibility triangles shall be provided in accordance with Table 1.2.5.
Within a visibility triangle solid fencing and landscaping shall not exceed a height of 1 m above the elevation of the street pavement measured at the centre point of intersecting streets.
Table 1.2.5
Zone | Visibility Triangle |
RAL1 | 6 m x 6 m |
RAL2 | 6 m x 6 m |
RAL3 | 6 m x 6 m |
RAL4 | 6 m x 6 m |
RO1 Zone | 6 m x 6 m |
RO2 Zone | 6 m x 6 m |
RO3 Zone | 6 m x 6 m |
RO4 Zone | 3 m x 3 m |
RM5 Zone | 6 m x 6 m |
UCR1-81 Zone | 6 m x 6 m |
DC, DW, DL-A, DL-B, DL-C, DRH, DRM Zones | 6 m x 6 m |
Other Zones | 9 m x 9 m |
Railway Intersections:
Where a street crosses a railway track, a visibility triangle is required which shall not be used for any building, structure, storage, parking or for the planting of trees, shrubs, hedges, or any other landscape materials greater than 1 m high. Fencing to a maximum height of 1 m is permitted.
The minimum size of the visibility triangle shall be in accordance with the following:
a) At Mainline Track Crossings With Signal Lights or Gates:
The triangle formed by connecting the centre point of the intersection to a point 60 m distant measured along the centre line of the street then to a point 106 m distant measured along the centre line of the track.
At Mainline Track Crossings Without Signal Lights or Gates:
The triangle formed by connecting the centre point of the intersection to a point 75 m distant measured along the centre line of the street to a point 305 m distant measured along the centre line of the track.
b) At Spurline Track Crossings With Signal Lights or Gates:
The triangle formed by connecting the centre point of the intersection to a point 60 m distant measured along the centre line of the street to a point 60 m distant measured along the centre line of the track.
At Spurline Track Crossings Without Signal Lights or Gates:
The triangle formed by connecting the centre point of the intersection to a point 60 m distant measured along the centre line of the street to a point 106 m distant measured along the centre line of the track.
Every part of a required yard shall be unobstructed except with respect to the following encroachments:
a) The following obstructions may project 50 cm maximum into a side yard and 1 m maximum into any other yard from the wall of the building:
b) In RH1, RH2, RH3, RH4 zones a canopy may project into a required front or street side yard up to half the distance of the required yard.
In the following zones a canopy or awning may project into a required front yard or street side yard to the street line and 1 m maximum into any other required yard:
In all other zones a canopy may encroach 50 cm into a required side yard and 1 m into all other yards.
c) A bay window, balcony, vestibule, fire escape or open stairway may project 50 cm maximum into a required side yard and 1.6 m maximum into any other required yard, provided that:
(i) The sum of the length of these projections does not exceed one third of the permitted length of a building wall,
(ii) The length of any one projection does not exceed 3 m.
(iii) A bay window that projects into a required yard may not have a foundation and must have at least 30% of the surface area of the projection as window.
d) The following obstructions may project 65 cm maximum into a required yard:
e) A roofed or unroofed loading dock may project 3 m into a required yard except a yard abutting a residential zone.
f) A Parking structure below grade and less than 1.6 m above grade may encroach into a required yard but shall not encroach into a required landscape buffer, provided that a minimum 3 m setback shall be maintained from a street line or property line.
(i) Where a lot of record exists in any zone having lesser width or area than is required by this By-Law, or does not have frontage on a public street, a building or any addition to an existing building may be erected and used on such lot provided that such building conforms with all other provisions of this By-Law and all other laws of any competent authority.
(ii) Where a draft plan of subdivision was approved by Council prior to the date of passing of this by-law the subdivision may proceed to draft approval and registration. Upon registration of the subdivision the lots shall be treated as lots of record.
Excepting Lots of Record and Parcels of Tied Land in a Common Element Condominium Corporation, no building or structure shall be constructed on a parcel of land which does not have frontage on a public street.
(a) The provisions of this by-law shall not apply to the following:
(i) A site plan approved prior to the date of passing of this by-law for the period of time during which
the approval is in effect;
(ii) A site plan application accepted prior to the date of passing of this by-law provided that the related
building permit application has been accepted by the Building Department prior to the date of
passing of this by-law;
(iii) A building permit application accepted by the Building Department prior to the passing of this by-law
where site plan approval is not required.
A Zoning Clearance Certificate application or Committee of Adjustment development application for lands within low density residential zones submitted prior to the enactment of By-law 2020.374 on December 19, 2016 shall be reviewed in accordance with the zoning regulations in effect at the time the application was submitted.
A Home Based Business and Cottage Industry shall be permitted in all zones, within a dwelling unit. A Home Industry shall be permitted as an accessory use to a commercial farm only in RA zones. A Home Based Business, Cottage Industry and Home Industry shall comply with the following provisions:
a) Residential Character and Compatibility
The residential appearance and character of the dwelling and property shall be maintained and no exterior alteration shall be made to the dwelling which would indicate that any part of the premises is being used for any purpose other than that of a residential dwelling.
b) Parking
Off-Street parking shall be provided in accordance with Part 1, Subsection 2.25.
c) Size
A Home Based Business, Cottage Industry or Home Industry shall not be permitted within an attached garage, but may be conducted within a dwelling unit from a basement or cellar and up to 25% of the floor area above grade, excluding an attached garage. A Home Based Business or Cottage Industry in an RA or RG zone shall have a maximum floor area of 100 m2 or 25% of the residential living area whichever is less. In addition a Home Industry may be conducted from an accessory building having a maximum floor area of 200 m2.. Where the business involves classes for teaching or instructional purposes the maximum class size shall be 3 students. For all other home based businesses, the maximum number of clients permitted at any one time shall be 3. For pet grooming and pet training, a maximum of 4 pets is permitted, including personal dogs and/or cats.
d) Employees
In a Home Based Business or Cottage Industry no one other then a resident of the dwelling may be employed or have their services retained in the operation of the business or industry nor shall any person who is not a resident of the dwelling report to the dwelling for work assignment. In a Home Industry one employee who is not a resident of the dwelling on the property is permitted.
e) Retail Sales
The retail sale of merchandise is not permitted except when the merchandise sold or offered for sale is ancillary to the permitted use. On-line sales are permitted provided that no direct customer sales or customer merchandise pick up is conducted on the site.
f) Location Restrictions
The following businesses are permitted in detached dwellings only:
g) Storage and Display
Outdoor storage or display of merchandise, material or equipment is prohibited except in RA zones where a Home Industry may store farm equipment outdoors.
Merchandise may be displayed within the dwelling provided it shall not be visible from outside the dwelling.
Merchandise, material and equipment may be stored within an attached or detached garage or other accessory building provided it shall not be visible from outside the garage or accessory building.
h) Nuisance
No equipment or process shall be used which creates or becomes a public nuisance in regard to persistent noise, odour, fumes, vibration, glare, traffic or parking nor shall it cause electrical interference or interference with telephone, television, radio or satellite equipment reception.
Office uses are permitted in a detached dwelling in all residential zones, including Holding residential zones, as a principal use or in combination with a dwelling unit, provided the dwelling has existed on the lot for a minimum period of 2 years, subject to the parking requirements contained in Part 1, Subsection 2.25 and Part 1, Subsection 2.26 and as follows:
a) Lot Size
Minimum lot width: 18m
b) Location
The lot shall have a front or side lot line in common with a Major Arterial, Multi-purpose Arterial or minor Arterial road having a deemed width of 30 m or greater.
c) Residential Character and Compatibility
The residential appearance and character of the dwelling and property shall be maintained and any exterior alteration or addition to the dwelling shall maintain the residential appearance and character of the dwelling and property and shall be subject to the regulations of the residential zone applying to the property. Where the dwelling is identified by the City to be a cultural heritage resource, alterations or additions to the dwelling shall be in keeping with the conservation of the cultural heritage resource.
d) Size
Number of office uses: 2 maximum
Gross Floor Area for all office uses: 200 m2 maximum
e) Landscape Area
50% of the front yard shall be maintained as landscape area.
25% of the rear yard and street side yard shall be maintained as landscape area.
f) Fencing
Solid screen fencing with a minimum height of 1.8m, shall be installed along a rear lot line and along a side lot line extending from the rear lot line to the front wall of the dwelling.
g) Parking and Driveways
Parking shall be located in a side or rear yard only
Where the abutting property is used for a residential use, landscape buffers shall be provided as follows:
(i) 4.5 m along the rear lot line and 3 m along that portion of the side lot line which is located in the rear yard; and
(ii) 3 m along any side lot line where abutting a street, and 1 m along that portion of the side lot line which is located in the side or front yard.
Where the abutting property is used for a residential use, any parking area or driveway shall maintain a minimum set back of 6 m from the rear lot line and 3 m along that portion of the side lot line which is located in the rear yard.
Notwithstanding the definition of Landscape Buffer, for the purposes of this regulation, a drive way may pass diagonally through a rear yard landscape buffer abutting a side lot line at an angle of not less than 20 degrees, for the purpose of transitioning from a side yard to a rear yard.
Where the abutting property is used for any other use, a landscape buffer of 1 m in width shall be provided along the side and rear lot lines.
h) Storage and Display
Storage or display of merchandise, material or equipment is prohibited.
Except with respect to Part 1, Subsection 2.25 "Off Street Parking and Loading Requirements" and Part 1, Subsection 2.26 "General Parking Provisions", the provisions of this By-law shall not apply to a Public Authority in any zone, excepting O2 and O3 zones and except for public schools in GE1, GE2, BC1, BC2, MXE and UE zones, and excepting the uses and provisions of Part 1, Subsection 2.21 "Uses Permitted in All Zones".
The following uses are permitted in all zones, subject to Part 1, Subsection 2.25 "Off Street Parking and Loading Requirements", Part 1, Subsection 2.26 "General Parking Provisions", and any other regulations specified for the use and required elsewhere in the by-law;" except as follows:
b) Long Term Care Facilities
Permitted in all residential zones subject to the provisions of the respective zone and provided the lot abuts a Major Arterial, Multi-Purpose Arterial, Minor Arterial or Collector Road. Not permitted in BC1, BC2, GE1, GE2, MXT, MXE or UE zones, and any exception numbers associated with these zone(s), except where amended in the exception number. Permitted in all other zones subject to the following:
c) Public and Private Hospitals, Public Health Care, Social Services
d) Places of Worship, Monasteries, Convents, Cemeteries
Includes an attached or detached manse, an accessory dwelling unit for a watchman and any other associated buildings located on the same property, subject to the following:
e) Home Day Care
f) Day Care Centre
g) Group Home
h) Correctional Group Home
i) Emergency Shelter, Correctional Facility
j) Residential Social Services
k) Boarding House
l) Bed and Breakfast Home
m) Agriculture and Farming
Agricultural or farming uses excluding the raising of pigs, mink and chinchillas, are permitted subject to a minimum setback of 15 m from a street line or lot line for all buildings excluding a dwelling. For the main dwelling, the regulations of the respective zone shall apply.
n) Allotment Garden
o) Kennel
p) Roadside Stand
A temporary roadside stand used for the display and sale of seasonal products produced on the agricultural land upon which the stand is located subject to the following:
q) Miscellaneous Uses
(i) A telephone booth;
(ii) A temporary construction camp, tool shed, scaffold or other such building or other such temporary work camp which is incidental to construction and provided it is located on the site where such work is underway and provided that it shall be removed from the site within 60 days of completing the work.
(iii) A temporary building or trailer for conducting sales of new dwelling units provided the sales building or trailer is located within the development site and that sales are restricted to dwelling units within that development only. The sales building or trailer shall be setback 30 m and parking 6 m from a residential property abutting the development site. The temporary sales office shall be removed from the site within 6 months or within 60 days of completing all sales of dwelling units, whichever is less.
A temporary office for conducting sales of new dwelling units may be established within a dwelling unit/model display home located within the development site, sales shall be restricted to dwelling units within the development only. Parking shall be setback 6 m from a residential property abutting the development site.
Model Display Homes shall be permitted in all residential zones subject to the following:
(iv) Walls or fences required by or approved by public authority for environmental or ecological purposes or for reasons of safety.
(v) A gate house or kiosk in an employment zone for security or parking lot management.
(vi) The retail sale of Christmas trees, except on a property occupied by a residential dwelling, provided the use is removed from the site by January 1st of the following year.
r) Utilities
Water supply, storm water sewer or sanitary sewer (except for a commercial water taking operation in RA and RG zones)
Gas or oil pipeline
Transmission or distribution of electric power, but not the generation of electric power
Telecommunications infrastructure and other cable services
The above uses are also permitted in RNA1, RNA2, RNA3, SNA, MRNA,CNA, ONA and DNA zones.
Buildings associated with the above uses shall be prohibited on lands zoned 02, and RG, and any exception numbers associated with these zone(s), except where amended in the exception number
s) Special Events
An event on behalf of a charitable organization may be held indoor or outdoor on private property in all employment, commercial, mixed use corridor, uptown mixed used centre, downtown mixed use centre and RA (Rural Agricultural) zones subject to the following regulations:
t) Training Centre or Other Place of Learning Includring Accessory Buildings
The following uses, in addition to prohibited uses within a zone, are prohibited unless specifically permitted by the respective zone:
a) The making or establishing of pits and quarries except where operated by a public authority or licensed by the ministry of Natural Resources.
b) A track for racing or other events involving motor vehicles or tractors.
c) The use of temporary structures, tents, trailers or recreational vehicles for human habitation, business, storage of merchandise or other purposes, is prohibited except:
(i) Tents may be used for children's play, excluding camps.
(ii) When used by the operators of a circus, carnival or carousel for a maximum period of 7 days.
(iii) Tents or trailers may be used for a special occasion or special sale of goods or merchandise in conjunction with a permitted use, for a maximum of three occasions in a 12 month period, subject to a maximum of 10 days duration per occasion.
(iv) One tent may be used for the seasonal sale of flowers, plants, shrubs, trees and other garden materials and landscape products, provided the zoning of the property permits the sale of these items, for a maximum period of 90 days and limited to one occasion in a 12 month period.
(v) Where a dwelling unit or place of business is destroyed by accident or natural disaster, a temporary structure, tent, trailer or recreation vehicle may be used as a temporary dwelling or place of business on that property by the residents or occupants of the premises immediately prior to its destruction, for a maximum period of 12 months.
(vi) Where an existing permitted commercial, institutional or industrial use must vacate its premises while renovations to the premises are carried out, that use may continue to operate from the property in a temporary structure or trailer during the period of construction, for a maximum period of 6 months, provided that:
Where a temporary structure, tent, trailer or recreational vehicle is permitted by this section it shall be setback a minimum of 3 m from a street line and shall not be located within a required landscape area or landscape buffer.
d) Hazardous Waste Storage
(i) No person shall place, store, keep or permit the placing, storing or keeping of hazardous waste including PCB waste, nuclear waste and toxic waste, as defined by the Environmental Protection Act or regulations, as amended, in a Residential Zone, Commercial Zone, Mixed Use Corridor Zone or Downtown and Uptown Centre Zones.
(ii) No property owner shall increase or permit the increase of any hazardous waste which exists in a Residential Zone, Commercial Zone, Mixed Use Corridor Zone or Downtown and Uptown Centre Zones.
e) Noxious Use
No use shall be permitted within the City of Burlington, which, by its nature or by the materials used therein is declared under the Health Protection and Promotion Act to be a noxious trade, business or manufacture.
Landscape Areas and Landscape Buffers required by this By-Law shall be provided, planted and maintained by the property owner
1) The width of driveways and walkways shall be measured perpendicular to the direction of travel of the vehicle or person.
2) a) A maximum of one driveway shall be permitted for each residential property, except in the case of a corner lot or through lot where a maximum of one driveway per street frontage may be permitted if the second driveway location is approved by the city.
b) The maximum width of the 2nd driveway is of 4 metres inclusive of walkways.
c) Properties located within the Shoreacres Character Area as identified in Part 2 - Residential Zones, Section 4.9 Character Area Maps, only one driveway is permitted for each residential property including corner lots.
3) Unless otherwise specified in this by-law, driveways shall be a minimum of 6 m in length.
a) For dwelling units within a plan of condominium, driveway lengths shall be 6.7 m in length measured from back of curb to front of garage.
4) Unless otherwise specified in this by-law, the following combined maximum width of all hard surfaces (driveways plus walkways) and landscaped open space area requirements shall apply for detached, semi-detached, duplex, triplex, fourplex, common element townhouse, common element back-to-back townhouse, and street townhouse dwellings:
(a) For front or street side lot lines less than 9 metres in width:
(i) The combined maximum width of all hard surfaces is 4.5m.
(ii) The remaining lot area between a street line and a building elevation
facing a street shall be landscaped open space area.
(b) For front or street side lot lines equal to or greater than 9m and less than 12 in width:
(i) The combined maximum width of all hard surfaces is 5.5m.
(ii) The remaining lot area between a street line and a building elevation
facing a street shall be landscaped open space area.
(c) Notwithstanding the above, for lots with front or street side lot lines less than 12m in width with an existing dwelling containing a two-car garage on or before
December 14, 2009:
(i) The combined maximum width of all hard surfaces is 7m.
(ii) The remaining lot area between a street line and a building elevation
facing a street shall be landscaped open space area.
(d) For front or street side lot lines equal to or greater than 12 m and less than 18m in width:
(i) The combined maximum width of all hard surfaces is 7.5 m.
(ii) The remaining lot area between a street line and a building elevation
facing a street shall be landscaped open space area.
(e) Front lot or street side lot lines equal to or greater than 18m in width:
(i) The combined maximum width of all hard surfaces is 50% of the front lot or street side lot line.
(ii) The remaining lot area between a street line and a building elevation
facing a street shall be landscaped open space area.
(f) Circular Driveways are permitted subject to the following:
(i) Front or street side lot lines are equal to or greater than 21 m in width.
(ii) Must be located in a front or street side yard.
(iii) Maximum width of a walkway shall be 2 m.
(iv) The combined width of the two points of access shall not exceed a
maximum width of 9m.
(v) The widest point beyond circular driveway shall not exceed a
maximum width of 9m.
(vi) Minimum 8 m of landscape open space between access points.
See Section 1.13 Illustration No. 4 - Circular Driveway
(g) A hammerhead driveway is permitted subject to the following:
(i) Front or street side lot lines are equal to or greater than 18 m in width.
(ii) Maximum width of a walkway shall be 2 m.
(iii) The widest point not including the 2 m hammerhead extension shall
not exceed a maximum of 7 m.
(iv) Shall have a maximum width of 3 m.
(v) Shall have a maximum length of 2 m extending perpendicularly from the driveway.
(vi) Shall be setback a minimum of 0.5 m from the interior and street side lot lines.
See Section 1.13, Illustration No. 5 - Hammerhead Driveway
(h) Properties located within the Shoreacres Character Area as identified in Part 2 - Residential Zones, Section 4.9 Character Area Maps, regardless of lot width, shall be subject to subsection (e) above. Circular and hammerhead driveways are subject to subsections (f) and (g) above.
Whenever new development occurs or whenever an existing development is enlarged, extended or increased in capacity, in accordance with this By-Law, off street vehicle parking spaces shall be provided and maintained on the property and within the zone designation for all uses, except, within the "Downtown Parking Exemption Area" shown on Diagram 1A, Subsection 2.25 shall only apply to residential uses.
Off-Street parking shall be in accordance with Part 1, Subsection 2.26, "General Parking Provisions"
At least one off-street loading space shall be provided in conjunction with every principal building, including mixed use buildings, but excluding residential buildings less than 4 storeys high.
The number of parking spaces required for permitted uses in all zones shall be in accordance with as follows, unless otherwise specified in the respective zones.
TABLE 1.2.6 OFF-STREET PARKING STANDARDS
USE |
PARKING STANDARD |
Detached Dwelling |
2 spaces per unit; one of which may be provided in an attached or detached garage Detached, Semi-Detached, Duplex and Triplex Dwelling on a parcel of tied land fronting onto a common element condominium road : 1.5 spaces per unit where 1 space shall be located on the parcel of tied land and .5 space per unit for visitor parking shall be located within the common element condominium block which contains the condominium roadway |
Street Townhouse Dwelling |
2 spaces per unit |
Townhouse Dwelling |
2 occupant spaces per unit, 0.50 visitor spaces per unit |
Stacked Townhouse Dwellings
|
Without exclusive use garage: 1.25 occupant spaces per one bedroom unit
With exclusive use garage: 2.0 occupant spaces per unit, 0.35 visitor spaces per unit |
Apartment Building |
1.25 occupant spaces per one bedroom unit |
Dwelling Units on the 2nd or 3rd floor of a 2 or 3 storey commercial building |
1.25 spaces per unit |
Adult Entertainment Establishment |
1 space per 2 persons capacity |
Allotment Garden |
1 space per garden plot |
Bank, Trust Company, Credit Union |
5 spaces per 100 m2 gross floor area |
Bed & Breakfast Home |
1 space per guest room in addition to the parking requirement for a detached dwelling |
Cemetery |
1 space per employee plus 1 per 4 seats chapel capacity |
Community Institution |
1 space per 4 persons capacity |
Convent, Monastery |
1 space per two beds |
Convention/Conference/Banquet Centre |
10 spaces per 100 m2 gross floor area |
Correctional Facility |
0.85 spaces per employee |
Correctional Group Home |
4 parking spaces |
Day Care Centre |
4 spaces per 100 m2 gross floor area |
Emergency Shelter |
0.85 spaces per employee |
Entertainment Establishment |
10 spaces per 100m2 gross floor area |
Funeral Home, Mortuary, Crematorium |
4 spaces per 100 m2 gross floor area, 15 spaces minimum |
Group Home |
2 parking spaces |
Home Based Business |
None Required |
Home Day Care |
None Required |
Hospital, Health Care Facility |
0.65 spaces per patient bed |
Hotel |
1 space per guest room or suite |
Industrial Uses |
1 space per 100 m2 gross floor area |
Kennel |
1 space per employee plus 1 per 100 m2 gross floor area |
Library, Museum, Post Office |
0.75 spaces per employee plus 1.5 spaces per 100 m2 GFA |
Lodge, Fraternity, Private Club |
1 space per 4 persons capacity |
Long Term Care Facility |
0.85 spaces per employee, plus 0.25 spaces per bed |
Multi-Use Business Park |
3 spaces per 100m2 of gross floor area where more than 30% of the building is used for office space, or 2.0 spaces per 100m2 of gross floor area where less than 30% of the building is used for office space |
Night Club, Dance Hall |
1.1 spaces per 4 persons |
Office: Medical |
6 spaces per 100m2 gross floor area |
Place of Assembly |
6 spaces per 100m2 gross floor area |
Place of Worship |
0.2 spaces per seat or prayer space or 6 spaces per 100m2 of gross floor area whichever is higher |
Recreational Establishment |
5.5 spaces per 100m2 of gross floor area |
Retail Store |
3.5 spaces per 100m2 gross floor area |
Retail Centre |
5 spaces per 100m2 gross floor area |
Residential Social Service |
0.85 spaces per employee |
Restaurant: Fast Food Restaurant |
10 spaces per 100m2 of gross floor area |
Restaurant: Standard Restaurant |
18.5 spaces per 100m2 of gross floor area |
Restaurant: Outdoor Patio |
None Required |
Retirement Home |
0.85 spaces per employee, plus 0.50 occupant spaces per unit, plus 0.25 visitor spaces per unit |
School: Elementary Secondary Post-Secondary Business, Commercial |
1.5 spaces per classroom 3 spaces per classroom 5 spaces per classroom plus 1 space per 6 person capacity of auditoriums 5 spaces per 100m2 of gross floor area |
Service Commercial Uses |
4 spaces per 100m2 gross floor area |
Storage Locker Facility |
0.5 spaces per 100m2 of gross floor area |
Supermarket |
6 spaces per 100m2 gross floor area |
Warehouse and Logistics |
1.5 spaces per 100m2 of gross floor area |
Diagram 1A:Downtown Parking Exemption Area
1. Parking Space Size & Accessibility
a) Each parking space shall have a minimum width of 2.75 m and a minimum area of 16.5 m2 and be readily accessible without obstructions at all times for parking and removal of a motor vehicle without the necessity of moving any other vehicle or obstruction. The minimum area of a parking space may include walkways for residential uses only. The minimum area of a parking space may include walkways for residential uses only.
The minimum internal dimensions for a private garage are 6.0m depth x 3.0m width x 2.0m height. The minimum internal dimensions for unobstructed area in the private garage are 5.5m depth x 3.0m width x 2.0m height. One step is permitted in the unobstructed area.
b) Accessibility shall not apply to a parking space in a garage which is for the exclusive use of the dwelling unit, provided the driveway serving the garage has a minimum length of 5.5 metres.
Accessibility is not required for 20% of the required occupant parking in townhouse, back to back townhouse, stacked townhouse, maisonette, fourplex and apartment buildings.
2. Illumination
Where parking facilities are illuminated by lighting fixtures or standards, they shall be arranged so that light from the fixture is shielded and or directed away from residential dwellings.
3. Surface Treatment
Every parking lot, which includes parking spaces and driveways, shall be graded and drained and the surface treated so as to provide a permanent durable and dustless surface. This provision shall not apply to parking lots of residential developments having three or fewer dwelling units.
4. Access
Every such parking lot shall have adequate means of entrance and exit directly to an existing street or public lane, and every such entrance and/or exit shall be clearly marked by directional signs.
5. Parking Structures
(i) Any part of an enclosed parking structure that projects 1.6 m or more above grade shall be subject to the yard requirements of the zone designation.
(ii) Entrance and exit ramps to below grade and above grade parking structures or buildings shall be setback 7.5 m from a street line.
(iii) Below grade parking structures shall not extend into a required landscape buffer and shall be setback 3 m from all other property lines and street lines.
6. Multiple Zones
Where a property is covered by more than one zone designation, required parking and loading facilities shall be provided within that area of the property zoned for the permitted use and within which the permitted use is located. However, a driveway providing access from a street to service a property zoned for a permitted use may be located on land zoned for a different permitted use.
7. Group Home Parking
Required Parking for Group Homes may be blocked provided that at least two parking spaces are accessible at all times.
8. Correctional Group Home Parking
Required Parking for Correctional Group Homes may be blocked provided that at least two parking spaces are accessible at all times.
9. Designated Accessible Parking Spaces
Where parking facilities are required, designated accessible parking spaces for the exclusive use of persons with disabilities shall be identified with a Provincially regulated vertical sign displaying the international symbol for accessible parking spaces. Designated accessible parking spaces shall be included in the calculation of required parking and shall be provided in accordance with Table 1.2.7, 9(a) and 9(b):
Table 1.2.7
Required Parking | Designated Accessible Parking Spaces |
5 to 50 spaces | 1 designated accessible parking space |
51 to 90 spaces | 2 designated accessible parking spaces |
Over 90 spaces | 3% of required parking |
a) Medical office and institutional uses shall provide a minimum of one designated accessible parking space. Where out-patient services are provided, a minimum of 10% of the required parking shall be designated accessible parking spaces.
b) Each designated accessible parking space shall meet the minimum width and area requirements of subsection (1)(a) above and shall be located adjacent to a delineated accessible parking walkway with a minimum width of 2.0 metres.
10. Bicycle Parking
Bicycle parking spaces shall be provided in conjunction with office, retail and service commercial, industrial and institutional developments, in accordance with Table 1.2.8 and (10)(a):
Table 1.2.8
Use | Required Bicycle Parking |
Retail, Retail Centre, Service Commercial Office, Institutional | 2 spaces plus 1 space / 1000 m2 GFA |
Industrial | 2 spaces plus 0.25 spaces / 1000 m2 GFA |
Elementary & Secondary School | 1 space / 10 students & 1 space / 35 employees |
Post-Secondary School | 1 space / 20 students |
a) Each bicycle parking space shall be 60 cm x 1.8 m in size.
For the purposes of establishing building set backs or for the application of any other provisions of this By law, the streets listed in Table 1.2.9 - "Deemed Street Widths", shall be deemed to be the width shown, streets not included in Table 1.2.9 shall be deemed to be 20 m wide.
Where the actual width of a street is greater than its deemed width, all zoning provisions shall apply to the actual street width.
Where the actual width of a street within a metric registered plan of subdivision is less than 20 m wide, all provisions of this By law shall apply to the actual street width.
Where the actual width of a street which has been deeded to the City is less than 20 m wide, all provisions of this By law shall apply to the actual street width.
Table 1.2.9 - DEEMED STREET WIDTHS |
|||||||
DEEMED STREET WIDTHS ® Indicates "Regional Road" |
|||||||
STREET |
FROM |
TO |
WIDTH (m) |
||||
A |
|||||||
Alexan Crescent |
Entire Length |
|
16 |
||||
Angus Court |
Entire Length |
|
18 |
||||
Appleby Line |
Lakeshore Road |
New Street |
30 |
||||
|
New Street |
Fairview Street |
36 |
||||
|
Fairview Street |
QEW |
40 R |
||||
|
QEW |
300 m south of Dundas Street |
40 R |
||||
|
300 m south of Dundas Street |
Hwy 407 |
42 R |
||||
|
Hwy 407 |
Derry Road |
35 R |
||||
Applegarth Drive |
Entire Length |
|
14 |
||||
Atkinson Drive |
Entire Length |
|
18 |
||||
Auckland Drive |
Entire Length |
|
14 |
||||
Austin Court |
Blue Spruce Avenue |
50 m east |
22 |
||||
|
50 m east |
Limit |
14 |
||||
Autumn Harvest Way |
Entire Length |
|
14 |
||||
Avalon Drive |
Entire Length |
|
14 |
||||
B |
|||||||
Baker Drive |
Upper Middle Road |
Sunmill Crescent |
16 |
||||
|
Sunmill Crescent |
Limit |
14 |
||||
Bayswater Avenue |
Entire Length |
|
15 |
||||
Bell School Line |
Entire Length |
|
26 |
||||
Bellhaven Crescent |
Entire Length |
|
15 |
||||
Bellwood Avenue |
Emerald Street |
Wellington Avenue |
18 |
||||
Birch Avenue |
Entire Length |
|
17 |
||||
Birchleaf Lane |
Entire Length |
|
12.5 |
||||
Bird Boulevard |
Entire Length |
|
14 |
||||
Blathwayte Lane |
Entire Length |
|
10 |
||||
Blenheim Street |
Brant Street |
Hurd Avenue |
16 |
||||
Blue Spruce Avenue |
Dryden Avenue |
Thorn Lane |
18 |
||||
|
Thorn Lane |
Upper Middle Road |
22 |
||||
Bluegrass Lane |
Entire Length |
|
14.5 |
||||
Bonnieview Avenue |
Spring Gardens Road |
Parkhill Avenue |
15 |
||||
Brada Crescent |
West Limit |
Bluegrass Lane |
14.5 |
||||
|
Bluegrass Lane |
North Limit |
18 |
||||
Braeswood Lane |
Entire Length |
|
14 |
||||
Brant Street |
Lakeshore Road |
Caroline Street |
18 |
||||
|
Caroline Street |
Olga Drive |
26 |
||||
|
Olga Drive |
Maplewood Avenue |
30 |
||||
|
Maplewood Avenue |
Fairview Street |
36 |
||||
Fairview Street |
QEW |
36 R |
|||||
|
QEW |
Dundas Street |
36 R |
||||
Britannia Road |
Entire Length |
|
30 |
||||
Brock Avenue |
Lakeshore Road |
Ontario Street |
18 |
||||
Broadleaf Crescent |
Entire Length |
|
14 |
||||
Brookdale Street |
Entire Length |
|
14 |
||||
Brookfield Avenue |
Lakeshore Road |
Pomona Avenue |
15 |
||||
Bruce Street |
140 m west of Seneca Avenue |
137 m east of Delaware Avenue |
18 |
||||
Bunton Crescent |
Entire Length |
|
14 |
||||
Burloak Drive |
Lakeshore Road |
400 m north of New Street (realigned) |
30 |
||||
|
400 m north of New Street |
Harvester Road |
42 |
||||
400 m north of New Street |
QEW |
35 R |
|||||
|
QEW |
Upper Middle Road |
35 R |
||||
Bushberry Lane |
Entire Length |
|
12.5 |
||||
Bushtrail Court |
Entire Length |
|
15 |
||||
C |
|||||||
Carns Court |
Entire Length |
|
18 |
||||
Casselman Court |
Entire Length |
|
14 |
||||
Cachet Crescent |
Entire Length |
|
14 |
||||
Cedar Springs Road |
Entire Length |
|
30 |
||||
Chapman Court |
Entire Length |
|
18 |
||||
Chercove Court |
Blue Spruce Avenue |
50 m north |
22 |
||||
|
50 m north |
Limit |
14 |
||||
Clark Avenue |
Birch Avenue |
Caroline Street |
16 |
||||
|
Caroline Street |
Cul-de-sac |
18 |
||||
Coaldale Drive |
Entire Length |
|
18 |
||||
Coldwater Street |
Entire Length |
|
14 |
||||
Cornerstone Drive |
In front of Public School |
|
19 |
||||
Corporate Drive |
Appleby Line |
Burloak Drive |
26 |
||||
Crosby Avenue |
New Street |
Caroline Street |
18 |
||||
Crosswinds Court |
Entire Length |
|
18 |
||||
Cumberland Avenue |
Fairview Street |
New Street |
26 |
||||
Curtis Road |
Entire Length |
|
14 |
D |
|||||
Danielle Drive |
Entire Length |
|
14 |
||
Debeir Street |
Entire Length |
|
14 |
||
Deer Place |
Entire Length |
|
18 |
||
Delaware Avenue |
Lakeshore Road |
New Street |
17.5 |
||
Derry Road |
Entire Length |
|
35 R |
||
Dryden Avenue |
Entire Length |
|
26 |
||
Duchess Court |
Entire Length |
|
14 |
||
Dundas Street |
Kerns Road |
Tremaine Road |
47 R |
||
Dunmore Avenue |
Entire Length |
|
14 |
||
E |
|||||
Easton Road |
Pathfinder Drive |
Orchard Road |
15.5 |
||
|
Orchard Road |
Sutton Drive |
18 |
||
Edgewood Place | Entire Length |
16 |
|||
Elmside Crescent |
Entire Length |
|
14 |
||
Emerald Street |
Caroline Street |
North of Emerald Crescent |
17 |
||
|
North of Emerald Crescent |
Wellington Avenue |
18 |
||
|
Victoria Avenue |
North of Woodland Avenue |
18 |
||
Emerson Drive |
Entire Length |
|
15.5 |
||
Empire Crescent |
Entire Length |
|
14 |
||
English Crescent |
Entire Length |
|
14 |
||
Eveningstar Drive |
Entire Length |
|
14 |
||
F |
|||||
Fairview Street |
QEW |
GO Station |
40 |
||
|
GO Station |
150 m west of Guelph Line |
36 |
||
|
150 m west of Guelph Line |
200 m east of Guelph Line |
40 |
||
|
200 m east of Guelph Line |
150 m west of Walker's Line |
36 |
||
|
150 m west of Walker's Line |
150 m east of Walker's Line |
40 |
||
|
150 m east of Walker's Line |
150 m west of Appleby Line |
36 |
||
|
150 m west of Appleby Line |
150 m east of Appleby Line |
40 |
||
|
150 m east of Appleby Line |
Harvester Road |
36 |
||
Fernbrook Court |
Entire Length |
|
16 |
||
Forest Grove Crescent |
Entire Length |
|
14 |
||
Fruitland Avenue |
Lakeshore Road |
Lake Ontario |
15 |
||
G |
|||||
Garland Crescent |
Entire Length |
|
14 |
||
Georgina Court |
Entire Length |
|
14 |
||
Glenhaven Avenue |
Entire Length |
|
15 |
||
Green Street |
South of Lakeshore Road |
|
17 |
||
Greening Lane |
Entire Length |
|
14 |
||
Greer Drive |
Entire Length |
|
14 |
||
Guelph Line |
Lakeshore Road |
New Street |
24 |
||
|
New Street |
Prospect Street |
35 |
||
|
Prospect Street |
Fairview Street |
40 |
||
|
Fairview Street |
QEW |
42 R |
||
|
QEW |
Dundas Street |
42 R |
||
|
Dundas Street |
Derry Road |
35 R |
||
H |
|||||
Hager Avenue |
Ontario Street |
Birch Avenue |
16.5 |
||
Haldimand Crescent |
Entire Length |
|
14 |
||
Halton Place |
Entire Length |
|
18 |
||
Hampton Court |
Entire Length |
|
18 |
||
Harrison Court |
Entire Length |
|
20-25 |
||
Harvester Road |
Guelph Line |
Appleby Line |
32 |
||
|
Appleby Line |
Burloak Drive |
36 |
||
Haswell Lane |
Entire Length |
|
12.5 |
||
Heslop Street |
Entire Length |
|
14 |
||
Heritage Road |
North Service Road |
Mainway |
26 |
||
Holtby Avenue |
New Street |
Caroline Street |
18 |
||
Hurd Avenue |
Birch Avenue |
Ontario Street |
16 |
||
I |
|||||
Industrial Street |
Mountainside Drive |
Stanley Drive |
26 |
||
|
Stanley Drive |
North Service Road |
20 |
||
Irving Street |
Entire Length |
|
14 |
||
J |
|||||
Jacada Road |
Entire Length |
|
14 |
||
Jameson Crescent |
Entire Length |
|
14 |
||
Jardine Crescent |
Blue Spruce Avenue |
Redstone Street |
22 |
||
|
Redstone Street |
Redstone Street |
14 |
||
Jarvis Crescent |
Entire Length |
|
16 |
||
Joshua Drive |
Entire Length |
|
14 |
||
K |
|||||
Kempling Lane |
Entire Length |
|
14 |
||
Kenneth Crescent |
Entire Length |
|
14 |
||
Kevin Crescent |
Entire Length |
|
18 |
||
Kilbride Street |
Town Line |
McNiven Road |
30 |
||
|
McNiven Road |
Carriage Trail |
26 |
||
|
Carriage Trail |
Twiss Road |
30 |
||
Kindos Street |
Entire Length |
|
14 |
||
King Road |
North Shore Blvd. |
C.N.R. |
30 |
||
|
C.N.R. |
North Service Road |
35 |
||
|
North Service Road |
Northerly Limit |
30 |
||
L |
|||||
Lakeland Crescent |
Lakeshore Road |
Fruitland Avenue |
15 |
||
Lakeshore Road |
Entire Length |
|
30 |
||
Langford Road |
Entire Length |
|
14 |
||
Little Street |
Entire Length |
|
14 |
||
M |
|||||
Mainway |
Guelph Line |
Burloak Drive |
30 |
||
Maple Avenue |
North Shore Blvd. |
Ontario Street |
26 |
||
|
Ontario Street |
Rambo-Hager Creek Diversion Channel |
30 |
||
|
Rambo-Hager Creek Diversion Channel |
Fairview Street |
35 |
||
|
Fairview Street |
Plains Road |
30 |
||
Maria Street |
Brant Street |
Martha Street |
15 |
||
Marjan Lane |
Entire Length |
|
12.5 |
||
Mackay Court |
Entire Length |
|
18 |
||
McCormack Drive |
Entire Length |
|
14 |
||
McNiven Road |
Cedar Springs Road |
Derry Road |
26 |
||
Medland Drive |
Entire Length |
|
18 |
||
Milburough Line |
Entire Length |
|
26 |
||
Mill Street (Kilbride) |
Entire Length |
|
15 |
||
Mountainside Drive |
Industrial Street |
Guelph Line |
26 |
||
N |
|||||
Nelson Avenue |
Lakeshore Road |
Ontario Street |
18 |
||
New Street |
Martha Street |
Beverly Drive |
30 |
||
|
Beverly Drive |
Burloak Drive |
35 |
||
Newell Crescent |
Quinte Street |
50 m east |
22 |
||
|
50 m east |
Limit |
14 |
||
No. 1 Side Road |
Milburough Line |
Guelph Line |
26 |
||
|
Guelph Line |
Appleby Line |
30 |
||
No. 2 Side Road |
Cedar Springs Road |
Guelph Line |
30 |
||
|
Walker's Line |
Bell School Line |
26 |
||
No. 4 Side Road |
Entire Length |
|
26 |
||
No. 8 Side Road |
Cedar Springs Road |
Twiss Road |
26 |
||
|
Twiss Road |
Guelph Line |
26 |
||
North Service Road |
Old York Road |
Lemonville Road |
26 |
||
|
Waterdown Road |
Up to 500 m east of Guelph Line |
30 |
||
500 m east of Guelph Line |
up to Burloak Drive |
22 |
|||
Norland Drive |
Entire Length |
|
14 |
||
North Shore Blvd. |
Maple Avenue |
Indian Road |
35 |
||
|
Indian Road |
King Road |
26 |
||
Nova Crescent |
Quinte Street |
50 m west |
22 |
||
|
50 m west |
Limit |
14 |
||
Novis Way |
Entire Length |
|
14 |
||
O |
|||||
Oakley Drive |
Entire Length |
|
14 |
||
Oak Grove Place |
Entire Length |
|
14 |
||
Old York Road |
No. 6 Highway |
Snake Road |
30 |
||
|
Snake Road |
York Road |
26 |
||
Omaha Street |
Entire Length |
|
10 |
||
P |
|||||
Page Crescent |
Blue Spruce Avenue |
50 m south |
22 |
||
|
50 m south |
Limit |
14.5 |
||
Palladium Way |
Entire Length |
|
26 |
||
Panton Street |
South of Kilbride Street |
|
15 |
||
Parkhill Avenue |
Entire Length |
|
15 |
||
Pathfinder Drive |
Entire Length |
|
18 |
||
Paula Court |
Entire Length |
|
18 |
||
Penman Lane |
Entire Length |
|
12.5 |
||
Picketts Way |
Entire Length |
|
14 |
||
Pine Cove Road |
New Street |
145 m north of Lakeshore Road |
15 |
||
Pine Street |
Brant Street |
Martha Street |
14 |
||
Pinemeadow Court |
Headon Forest Drive |
Westerly Limit |
18 |
||
Plains Road |
Highway 6 |
South side of Hwy. 403 |
30 |
||
|
South side of Hwy. 403 |
QEW |
36 |
||
|
130 m north of Fairview Street |
Brenda Crescent |
30 |
||
Player Court |
Entire Length |
|
18 |
||
Pomona Avenue |
Lakeshore Road |
146 m north of Lakeshore Road |
15 |
||
Prescott Place |
Entire Length |
|
12.5 |
||
Price Court |
Entire Length |
|
18 |
||
Prospect Street |
Guelph Line |
Cumberland Avenue |
30 |
||
Q |
|||||
Queensway Drive |
Brenda Crescent |
Guelph Line |
30 |
||
Quinte Street |
Upper Middle Road |
Blue Spruce Avenue |
18 |
||
|
Blue Spruce Avenue |
Redstone Street |
22 |
||
R |
|||||
Ravine Crescent |
Entire Length |
|
14 |
||
Redstone Street |
Entire Length |
|
14 |
||
Ridgewell Road |
Entire Length |
|
14 |
||
Robjen Road |
Entire Length |
|
14 |
||
Rome Crescent |
Quinte Street |
50 m west |
22 |
||
|
50 m west |
Limit |
14 |
||
Rosaline Road |
Entire Length |
|
14 |
||
Roseland Crescent |
Entire Length |
|
18 |
||
Roseville Court |
Entire Length |
|
14 |
||
Russett Crescent |
Entire Length |
|
14 |
||
S |
|||||
Scotia Crescent |
Quinte Street |
English Street |
22 |
||
|
English Street |
Limit |
14 |
||
Seneca Avenue |
Lakeshore Road |
New Street |
18 |
||
Seton Crescent |
Entire Length |
|
14 |
||
Shadetree Avenue |
Entire Length |
|
14 |
||
Simcoe Drive |
Entire Length |
|
18 |
||
Snake Road |
Entire Length |
|
30 |
||
Spence Lane |
Entire Length |
|
14 |
||
Stokes Lane |
Entire Length |
|
14 |
||
South Service Road |
Waterdown Road | King Road | 26 | ||
Stonehaven Drive |
Entire Length |
|
14 |
||
Sundial Road |
Entire Length |
|
14 |
||
Sunmill Crescent |
Entire Length |
|
14 |
||
Susan Court |
Entire Length |
|
18 |
||
Sutton Drive |
Mainway |
Upper Middle Road |
30 |
||
|
Upper Middle Road |
Russet Crescent |
26 |
||
|
Russet Crescent |
Trans Canada Pipeline |
31 |
||
|
Trans Canada Pipeline |
Dundas Street |
26 |
||
T |
|||||
Thomas Alton Boulevard |
Entire Length |
|
26 |
||
Thorn Lane |
Entire Length |
|
14 |
||
Torrance Street |
|
Northerly Limit |
18 |
||
Tremaine Road |
Dundas Street |
No. 1 Side Road |
35 R |
||
Twelve Mile Trail |
Valleyhigh Drive |
90 m east |
14 |
||
|
90 m east |
Northerly Limit |
26 |
||
Twiss Road |
No. 8 Side Road |
Derry Road |
30 |
||
Tydman Way |
Entire Length |
|
14 |
||
U |
|||||
Upper Middle Road |
Westerly Limit |
Highway 407 |
35 |
||
|
Highway 407 |
Guelph Line |
40 |
||
Highway 407 |
Burloak Drive |
40 R |
|||
|
Appleby Line |
Burloak Drive |
40 R |
||
V |
|||||
Valleyhigh Drive |
Entire Length |
|
14 |
||
Vanessa Drive |
Entire Length |
|
14 |
||
Viking Crescent |
Entire Length |
|
14 |
||
W |
|||||
Walker's Line |
Lakeshore Road |
New Street |
30 |
||
|
New Street |
Dundas Street |
35 |
||
|
Dundas Street |
Highway 407 |
35 |
||
|
Highway 407 |
Derry Road |
30 |
||
Waterdown Road |
Plains Road |
Northerly Limit |
30 |
||
Waterloo Street |
North of Woodland Avenue |
|
18 |
||
Wellington Avenue |
Victoria Avenue |
Woodland Avenue |
18 |
||
Whitehorn Drive |
Entire Length |
|
14 |
||
Willow Avenue |
Entire Length |
|
10 |
||
Wood Crescent |
Entire Length |
|
14 |
||
Woodlgen Crescent |
Entire Length |
|
14 |
||
Woodland Avenue |
New Street |
Emerald Street |
18 |
||
Woodsmere Court |
Entire Length |
|
16 |
||
Y |
|||||
York Boulevard |
Boundary City of Hamilton |
Plains Road |
35 |
||
York Road |
Entire Length |
|
26 |
||
R Indicates "Regional Road" |
Roads classified as Collector, Minor Arterial, Multi-Purpose Arterial and Major Arterial are shown on Schedule 'A' (Rural Area) and Schedule 'B' (Urban and North Aldershot Areas).
Schedule 'A'
Classification of Roads
Classification of Roads
Schedule 'B' East
Classification of Roads
The Corporation of the City of Burlington hereby prohibits or requires the provision, maintenance and use of the following facilities and matters, as a condition of the development or redevelopment of land or buildings in the areas regulated by this By law, as from time to time amended:
a) Widening of highways that abut on the land that is being developed or redeveloped.
b) Subject to The Public Transportation and Highway Improvement Act, facilities to provide access to and from the land such as access ramps and curbing including the number, location and size of such facilities and direction of traffic thereon.
c) Off street vehicular parking and loading areas and access driveways including the surfacing of such areas and driveways.
d) Walkways and all other means of pedestrian access.
e) Removal of snow from access ramps, driveways, parking areas and walkways.
f) Grading or change in elevation or contour of the land and the disposal of storm, surface and waste water from the land and from any buildings or structures thereon.
g) Conveyance to The Corporation of the City of Burlington without cost of easements required for the construction, maintenance or improvement of any existing or newly required watercourses, ditches, land drainage works and sanitary sewerage facilities on the land.
h) Floodlighting of the land or of any buildings or structures thereon.
i) Walls, fences, hedges, trees, shrubs or other suitable ground cover to provide adequate landscaping of the land or protection to adjoining lands.
j) Vaults, central storage and collection areas and other facilities and enclosures as may be required for storage of garbage and other waste material.
k) Plans showing the location of all buildings and structures to be erected on the land and the location of the other facilities required pursuant to this By-Law.
l) Drawings showing plan, elevation and cross-section views for each building to be erected, which drawings are sufficient to display:
(i) the massing and conceptual design of the proposed building;
(ii) the relationship of the proposed building to adjacent buildings, streets and exterior areas to which members of the public have access;
(iii) the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings;
(iv) matters relating to exterior design, including without limitation, the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design;
(v) the sustainable design elements on any adjoining highway under City or Regional jurisdiction, including without limitation, trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities.
m) Facilities designed to have regard for accessibility for persons with disabilities
The facilities and matters required under Subsection 2.29.1 shall be provided and maintained by the Owner of the land at his sole risk and expense and to the satisfaction of the City and in default thereof all applicable provisions of The Municipal Act.
The Owner of the land and any mortgagees thereof or persons with other interests therein shall enter into one or more agreements with the City dealing with the facilities and matters referred to in Subsection 2.29.1.
No building permit shall be issued in respect of the land until the plans referred in Subsection 2.29.1(k) and 2.29.1(l) have been approved by The Corporation of the City of Burlington and until the agreement or agreements referred to in Subsection 2.29.3 have been entered into and have been registered against the land.
For the purpose of this section:
a) "Development" means the construction of buildings or structures.
b) "Redevelopment" means the removal of buildings or structures from land and the construction of other buildings or structures thereon.
c) "Structure" includes a parking lot or parking area.
In addition to the other provisions of this by-law, the following shall apply:
(i) for lots located within 30 m of the top of the long-term stable slope of the Lake Ontario or Burlington Bay shoreline, all buildings and structures greater than 10 sq. m. in area shall maintain a setback of 30 metres from the top of the long-term stable slope of the Lake Ontario or Burlington Bay shoreline. This setback may be reduced to the applicable setback requirement contained in the base zoning, provided the approval of Conservation Halton is obtained; and
(ii) for lots located adjacent to the Lake Ontario and Burlington Bay shoreline, all buildings and structures shall maintain a 5 m side yard setback along one side lot line. This setback may be reduced to the side yard standard contained in the base zoning, provided that there is a municipal road with direct access to the shoreline, or there is a combined setback on two neighbouring properties totaling 5 m, and provided the approval of Conservation Halton is obtained;
except that, the following shall be exempt from these provisions:
All lands in the vicinity of the shoreline of Lake Ontario and Burlington Bay which are impacted by flooding hazards, erosion hazards and/or dynamic beach hazards are subject to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation, as administered by Conservation Halton. Landowners are advised to contact Conservation Halton with regard to requirements for development, pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. As such, a permit may be required from Conservation Halton prior to development occurring and will be subject to Conservation Halton€™s policies with regard to setbacks from the shoreline.
Where regulatory Flood Plain mapping has been prepared for watercourses in the City, the regulatory flood lines are shown conceptually on the maps contained in Part 15 of this By-law. These lines are intended for information and reference purposes, shall not constitute part of this By-law, and are subject to change from time to time without requiring a further amendment to this By-law. In addition to the provisions of their underlying zoning shown in this By-law, areas contained within these lines, among others, are also subject to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses regulations administered by Conservation Halton.
It is noted that all watercourses have a natural flood plain associated with them; however, Regulatory Flood Plain mapping has only been prepared for certain watercourses. Any works within or near a watercourse shall be reviewed by the City and Conservation Halton for flood plain hazard implications. Landowners are advised to contact Conservation Halton for accurate determination of the precise limits of the areas subject to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses regulations and for more detailed information concerning the administration of these regulations. As such, a permit may be required from Conservation Halton prior to development occurring.
Notwithstanding any other provision of this By-law, the Chief Building Official shall not issue a building permit under this by-law with respect to the lands in the City of Burlington defined by and subject to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulations, without the approval of Conservation Halton.
|
Footnotes to Table 2.31.1:
(a) Properties with a front or street side yard abutting Lakeshore Road and North Shore Boulevard and all properties south of Lakeshore Road and North Shore Boulevard (excluding Indian Point Character Area as identified in Part 2 - Residential Zones, Section 4.9 Character Area Maps) shall have a maximum height up to 2 ½ storeys in accordance with the provisions of "All Other Zones", Table 2.31.1 B). For through lots, the front building elevation shall determine the front of the lot for the purposes of this regulation.
a) A Body-Rub Parlour is only permitted on lands within the areas identified on Schedule 1 "Body-Rub Parlour Permitted Areas".
b) A Body-Rub Parlour shall not exceed 150 m2 floor area.
c) Only one Body-Rub Parlour is permitted on a lot.
d) A Body-Rub Parlour must be located in a building or structure primarily devoted to another permitted use or uses.
Schedule 1 to Part 1, SUB 2.32
Body Rub Parlour Permitted Areas
Development on a POTL shall comply with all zoning regulations of this by-law related to Lots, except for frontage onto a public street where a POTL may front on either a public street or a condominium common element road. In cases where development will occur on a POTL which fronts onto a condominium common element road and is in any zone other than a Low Density Residential Zone, development shall comply with both the provisions and regulations of this by-law that govern the entire development and the following additional regulations:
An exterior unenclosed ramp to provide a barrier free path of travel to a building or structure as may be required under the Ontario Building Code or Ontarians With Disabilities Act.
An exterior barrier-free accessibility ramp shall be exempt from the provisions of this By-law except for the following requirements:
a) An Adult Entertainment Establishment is only permitted on interior lots within the areas identified on Schedules 1 and 2 to Part 1, Sub 2.35 "Adult Entertainment Establishment Permitted Areas".
b) An Adult Entertainment Establishment shall not exceed 930 m2 in floor area.
c) A property containing an Adult Entertainment Establishment shall be located no closer than 1000 m to the property boundary of another parcel containing another Adult Entertainment Establishment; except that where two establishments are separated by the Queen Elizabeth Way, a property containing an Adult Entertainment Establishment shall be located no closer than 400 m to the property boundary of another parcel containing another Adult Entertainment Establishment.
d) An adult entertainment establishment may not be located in a building or structure which contains another use or uses.
Schedule 1 to Part 1, SUB 2.35
Adult Entertainment Establishment Permitted Areas
Schedule 2 to Part 1, SUB 2.35
Adult Entertainment Establishment Permitted Areas
Notwithstanding the other provisions of this by-law, all buildings and structures, including:
The above provision shall not apply to Uptown Centre, Orchard Community and Alton Community zones, where only the setbacks of the base zoning apply.
The above setbacks may be reduced to the applicable setback requirement contained in the base zoning, provided the approval of Conservation Halton is obtained.
Every building, other than an accessory building, shall maintain a minimum setback of 4.5 m from the top-of-bank of a creek which is not within a creek block.