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2.0 General Provisions

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Any Use of this document is subject to this disclaimer.

2.1 Accessory Uses

2.1.1

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:

  • Retail propane transfer facilities
  • Private propane transfer facilities
  • Propane cylinder handling facilities
  • Bulk propane storage depot
  • Garages attached to a dwelling either directly or by indirect structural means
  • Adult Entertainment Establishment

2.1.2

The following accessory uses shall be subject to the regulations specified:

 

2.2 Accessory Buildings and Structures and Unitary Equipment

2.2.1

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:

  • Setback from a side lot line abutting a street: 7.5 m
  • Setback from a rear lot line abutting a street: 90 cm
  • Setback from a front lot line: 15 m
  • Setback from any other lot line: no minimum
  • Maximum height: 2.5 m

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:

  • Setback from a rear lot line: 1.2 m
  • Setback from a side lot line: 1.2 m
  • Setback from a street side yard:  7.5 m
  • Maximum roof overhang encroachment from a wall: 0.5 m
  • Maximum floor area: 50 m2
  • Maximum one storey: Maximum height (peaked roof): 4.6 m, Maximum height (flat roof): 3.5 m

(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:

  • Setback from a rear lot line: 90 cm
  • Setback from a side lot line: 90 cm
  • Setback from a street side yard:  7.5 m
  • Maximum area: 42 m2
  • Maximum height: 3.7 m
  • Maximum roof overhang encroachment from a post: 0.5 m

2.2.2  

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.

2.2.3

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.

2.2.4

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.

2.2.5

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

 

2.3 Patios, Decks, Balconies, and Porches - Residential

2.3.1

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

2.3.2

(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.

2.3.3

Balconies are permitted in all zones provided:

  • Accessory to dwelling unit
  • Must meet principle building setback with encroachment allowance permitted in Part 1, Section 2.13 (c)

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.

2.3.4

Porches are permitted in all zones provided:

  • Maximum size 20 m2 (no roof)
  • No maximum size if roofed over
  • Must meet principle building setback with encroachment allowance permitted in Part 1, Section 2.13 (d)

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

 

 

2.4 Fencing and Privacy Screens

2.4.1

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;

2.4.2

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

 

2.5 Swimming Pools

2.5.1

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.

 

2.6 Video Game & Pinball Machines

2.6.1

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

 

2.7 Propane Fuel Storage and Handling Facilities

2.7.1

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.

 

2.8 Trailers and Recreation Vehicles

2.8.1

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.

 

2.9 Car Wash

2.9.1

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;

 

2.10 Motor Vehicle Service Station

2.10.1

A Retail Propane Facility is permitted in conjunction with a Service Station subject to Part 1, Subsection 2.7 and as follows:

2.10.2

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

 

2.10.3

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.

2.10.4

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.

2.10.5

Canopy

A canopy or roof over a fuel pump island shall maintain the following setbacks:

  • 3 m from a street line
  • 9 m from a residential zone
  • 4.5 m from any other lot line

2.10.6

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.

2.10.7

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.

 

2.11 Daylight Triangles

2.11.1

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.

 

2.12 Visibility Triangles

2.12.1

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

2.12.2

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.

 

2.13 Encroachment Into Yards

2.13.1

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:

  • Chimney
  • Overhang
  • Cornice
  • Pilaster
  • Sill
  • Ornamental Projection
  • Belt Course Eave or Gutter
  • Lintel

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:

  • A roofed-over or screened but otherwise unenclosed 1 storey porch
  • A terrace or unroofed porch
  • A carport

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.

 

2.14 Lot of Record

(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.

 

2.15 Frontage on a Public Street

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.

 

2.16 Site Plan and Building Permit Applications

(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.

 

 

2.18 Home Based Business, Cottage Industry, Home Industry

2.18.1

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:

  • Music, Dance or Singing activities
  • Physical Fitness activities
  • Medical or Health Care Office
  • Aesthetician
  • Hairstylist
  • Complementary Health Care
  • Pet Grooming (inside only)
  • Pet training (inside 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.

 

2.19 Office Uses in Residential Zones

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.

 

2.20 Public Authority

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".

 

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:

  • Except where specifically prohibited or limited within the zone and including any exception number associated with the zone
  • Except on lands zoned 02, 03, RA, RG, ME, RNA1, RNA2, RNA3,  MRNA, ONA, DNA and S, and any exception numbers associated with these zones, unless specifically permitted:
  • Except on lands Regulated by Conservation Halton, unless authorized by the Authority,
  • Except where the zones are preceded by an H (Holding) zone prefix, notwithstanding that Agricultural and Farming, Miscellaneous Uses and Public Authorities are exempt from this provision.

a) Schools

  • Elementary or secondary school, college or university, training centre or other place of learning including accessory buildings.
  • Elementary or secondary schools are not permitted in GE1, GE2, BC1, BC2, MXT, MXE or UE zones.
  • Lot Width:  45 m
  • Lot shall abut a Major Arterial, Multi-purpose Arterial, Minor Arterial or Collector Road. This regulation shall not apply to: school additions up to 50% of the existing school building; portable classrooms; or accessory structures under 20 square metres on existing school sites.
  • Minimum set back from any street line shall be 3 m for the first storey plus 1 m for each additional storey, except, in the downtown setbacks shall be in accordance with Part 6, Subsection 4.1.
  • Minimum setback from all other lot lines:  15 m
  • Maximum setback from a street line in an R02 zone:    6 m
  • Separation Distance:  30 m from a railway right-of-way
  • Parking:  not permitted within 3 m of a residential property in a residential zone

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:

  • Lot abuts a Major Arterial, Multi-purpose Arterial, Minor Arterial or Collector Road
  • Lot Width: 30 m
  • Lot Area: 900 m2
  • Floor Area Ratio: 1.25:1 maximum
  • Front Yard: 7.5 m abutting a street having a deemed width less than 30 m; 9 m abutting a street having a deemed width of 30 m or more
  • Rear Yard: 9 m
  • Side Yard: 4.5 m
  • Street Side Yard: 6 m
  • Separation distance: 30 m from a railway right-of-way
  • Building Height: 4 storeys maximum, or as provided for by the respective zone, whichever is greater and provided that the yard requirements of the respective zone shall also apply to buildings greater than 4 storeys.
  • Parking: not permitted within 3 m of a residential property in a residential zone

c) Public and Private Hospitals, Public Health Care, Social Services

  • Not permitted in BC1, BC2, GE1, GE2, MXE, MXT or UE zones, and any exception numbers associated with these zone(s), except where amended in the exception number, when overnight accommodation is provided.
  • Lot Width: 30 m
  • Lot shall abut a Major Arterial, Multi-purpose Arterial, Minor Arterial or Collector Road
  • Set back from any street line shall be 3 m for the first storey plus 1 m for each additional storey, except, in the downtown setbacks shall be in accordance with Part 6, Subsection 4.1.
  • Setback from all other lot lines: 15 m
  • Separation Distance: 30 m from a railway right-of-way
  • Parking: not permitted within 3 m of a residential property in a residential zone

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:

  • Places of worship, monasteries and convents are not permitted in GE1, GE2, BC1, BC2, MXE, MXT or UE zones.  Places of worship, monasteries, convents and cemeteries are not permitted in a DNA zone.
  • Lot Width: 30 m
  • Lot abuts a Major Arterial, Multi-purpose Arterial, Minor Arterial or Collector Road
  • Minimum set back from any lot line or street line shall be 15 m, except, within the downtown where Part 6, Subsection 4.1.1, Diagram 6A shall apply.
  • Separation Distance: 30 m from a railway right-of-way
  • Parking: not permitted within 3 m of a residential property in a residential zone

e) Home Day Care

  • Also permitted in an RA, RG and UE zone, and any exception numbers associated with these zone(s), except where amended in the exception number.
  • Permitted in a dwelling unit only.

f) Day Care Centre

  • In an R1, R2 or R3 zone, and any exception numbers associated with these zone(s), except where amended in the exception number, a lot shall not have more than two lot lines abutting any other lands zoned R1, R2, R3, excluding properties occupied by a school, place of worship or is owned by a public authority. Notwithstanding, a Day Care Centre is permitted in conjunction with a school or place or worship. Not permitted in GE1, GE2, BC1, BC2, MXE and UE zones, except as an accessory use to a principal use allowed in the respective zone.
  • Separation Distance: 30 m from a railway right-of-way
  • Parking: not permitted within 3 m of a residential property in a residential zone
  • A day care centre shall be subject to the respective zone regulations
  • Lot abuts a major Arterial, Multi-Purpose Arterial, Minor Arterial or Collector Road.

g) Group Home

  • Permitted in a dwelling unit in RNA1, RNA2 and RNA3 zones, lots shall have a minimum 30 m lot width and 0.3 ha lot area.
  • In apartment buildings over 3 storeys one Group Home is permitted for each 30 units and subject to one Group Home per floor.
  • Minimum distance between Group Home properties: 400 m
  • Minimum distance between a Group Home property and a Correctional Group Home property: 400 m

h) Correctional Group Home

  • Permitted in a detached dwelling in RNA1, RNA2, RNA3, and CNA zones.
  • Permitted in a detached dwelling in an R1, R2, R3 zones, and any exception numbers associated with these zone(s), except where amended in the exception number.
  • Permitted in a detached dwelling in a D Zone.
  • Permitted in a detached dwelling in an RM2, RM3 zone, and any exception numbers associated with these zone(s), except where amended in the exception number, subject to R2.4 Zone Regulations.
  • Lot abuts a Major Arterial, Multi-purpose Arterial, Minor Arterial or Collector Road
  • Minimum distance between Correctional Group Home properties: 400 m
  • Minimum distance between a Group Home property and a Correctional Group Home property: 400 m
  • Not permitted in any other zone

i) Emergency Shelter, Correctional Facility

  • Not permitted in GE1, GE2, BC1, BC2, MXE or UE zones
  • Lot width: 30 m
  • Lot shall have a front or side lot line in common with a Major Arterial, Multi-Purpose Arterial, or Minor Arterial Road.
  • Separation distance: 30 m from a railway right-of-way
  • Setback from any street line shall be 3 m for the first storey plus 1 m for each additional storey, except in the downtown, setbacks shall be in accordance with Part 6, Subsection 4.1
  • Setback from all other lot lines: 15 m
  • Parking: not permitted within 3 m of a residential property in a residential zone
  • Minimum distance between emergency shelter properties: 400 m
  • Minimum distance between correctional facility properties: 400 m
  • Minimum distance between a residential social services property and /or an emergency shelter property and/or a correctional facility property and/or a group home and/or a correctional group home: 400 m

j) Residential Social Services

  • Not permitted in GE1, GE2, BC1, BC2, MXE or UE zones
  • Lot width: 18 m
  • Lot shall have a front or side lot line in common with a Major Arterial, Multi-Purpose Arterial, or Minor Arterial Road.
  • Separation distance: 30 m from a railway right-of-way
  • Setback from any street line shall be 3 m for the first storey plus 1 m for each additional storey, except in the downtown, setbacks shall be in accordance with Part 6, Subsection 4.1Setback from all other lot lines: 3 m
  • Minimum distance between residential social services properties: 400 m
  • Minimum distance between emergency shelter properties: 400 m
  • Minimum distance between correctional facility properties: 400 m
  • Minimum distance between a residential social services property and /or an emergency shelter property and/or a correctional facility property and/or a group home and/or a correctional group home: 400 m

k) Boarding House

  • Permitted in a detached dwelling only.
  • Lot Width: 18 m
  • Lot abuts a Major Arterial, Multi-Purpose Arterial, Minor Arterial or Collector Road

l) Bed and Breakfast Home

  • Also permitted in an RA zone, and any exception numbers associated with these zone(s), except where amended in the exception number.
  • Permitted in a detached dwelling only
  • Lot Width: 18 m
  • A maximum of three guest rooms or suites
  • No exterior alteration shall be allowed which would indicate that any part of the premises is being used for any purpose other than that of a dwelling unit.
  • No one other then a resident of the dwelling may be employed or have their services retained in the operation of the 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.

  • Not permitted in MXT zones.

n) Allotment Garden

  • Also permitted in an RA and RG zone and any exception numbers associated with these zone(s), except where amended in the exception number.
  • Not permitted in MXT zones

o) Kennel

  • Also permitted in RA and RNA1 zones, and any exception numbers associated with these zone(s), except where amended in the exception number.
  • Not permitted in MXT zones.
  • Minimum lot area: 1 ha.
  • Kennels shall be set back 30 m from any lot line or street line;
  • Parking: not permitted within 3 m of a residential property in a residential zone

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:

  • Also permitted in RA, and RG zones, and any exception numbers associated with these zone(s), except where amended in the exception number.
  • Not permitted in MXT zones.
  • Lot area: 1.2 ha
  • Stand Area: 20 m2 maximum
  • Height: 4 m maximum
  • Set back from a street: 7.5 m, none required in RA and RG zones

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:

  • The lands on which the model display homes are to be constructed have received draft plan approval under the Planning Act; 
  • The model display homes shall comply with the provisions and regulations of this By-law upon registration of the plan of subdivision;  
  • The maximum number of model display homes shall not exceed the lesser of 10 dwelling units or 10% of the total number of unregistered lots within the draft plan of subdivision, except for any draft plan having less than 20 unregistered lots where 2 model display homes are permitted. 
  • Model Display Homes must be located in groupings with no more than one proposed lot (as per the draft plan approval) between any two model display home units and no new grouping is to be initiated until such time as any previous grouping has reached 5 units.

(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:

  • The event is held for the primary purpose of supporting a charitable organization;
  • An event shall not take place for longer than a 24 hour duration;
  • No more than two events shall take place in any given facility or location within a 12 month period; 
  • On-site parking shall be provided in accordance with the requirements for a Convention/Conference/Banquet Centre uses as per Section 2.25, Off-Street Parking and Loading Requirements;
  • The event shall comply with all other by-Laws and regulations of the City of Burlington;
  • All approved Fire and EMS accesses shall be maintained;
  • All Ontario Building Code and Fire Code requirements shall be met;
  • Where a tent or other temporary structure and/or accessory building is used for the event, it is considered floor area for the purposes of off street parking requirements;
  • Where a tent or other temporary structure is deployed, it shall comply with the Ontario Building Code and all other applicable law;
  • Where food is prepared and/or served all public health inspections and approvals shall be secured.

t) Training Centre or Other Place of Learning Includring Accessory Buildings

  • Lot shall abut a Major Arterial, Multi-Purpose Arterial, Minor Arterial, or Collector Road
  • Separation Distance: 30m from a railway right-of-way
  • Parking: not permitted within 3m of a residential property

 

2.22 Prohibited Uses

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:

  • the temporary structure or trailer does not exceed 50 m2 in area
  • one temporary structure or trailer is permitted
  • the temporary structure or trailer complies with the Ontario Building Code.

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.

 

2.23 Landscape Area and Landscape Buffer

Landscape Areas and Landscape Buffers required by this By-Law shall be provided, planted and maintained by the property owner

 

2.24 Driveway Widths and Landscaped Open Space Area

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.

 

2.25 Off Street Parking and Loading Requirements

2.25.1

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.

2.25.2

Off-Street parking shall be in accordance with Part 1, Subsection 2.26, "General Parking Provisions"

2.25.3

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.

2.25.4

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
Semi-Detached Dwelling
Duplex Dwelling
Triplex 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
Street Triplex Dwelling
Street Fourplex Dwelling

2 spaces per unit

 

Townhouse Dwelling
Fourplex Dwelling
Cluster Homes

 

2 occupant spaces per unit, 0.50 visitor spaces per unit

Stacked Townhouse Dwellings
Back to Back Townhouse Dwellings

 

 

 

 

 

 

Without exclusive use garage:

1.25 occupant spaces per one bedroom unit
1.50 occupant spaces per two bedroom unit
1.75 occupant spaces per three or more bedroom
0.35 visitor spaces per 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
1.50 occupant spaces per two bedroom unit
1.75 occupant spaces per three or more bedroom 
0.35 visitor spaces per 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
Boarding House

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 
0.25 visitor spaces per resident

Correctional Group Home

4 parking spaces

Day Care Centre

4 spaces per 100 m2 gross floor area

Emergency Shelter

0.85 spaces per employee
0.25 visitor spaces per resident

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
                Other

6 spaces per 100m2 gross floor area
3 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
0.25 visitor spaces per resident

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
               Trade

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

 

 

2.26 General Parking Provisions

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.

 

2.27 Deemed Street Width

2.27.1

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.

2.27.2

Where the actual width of a street is greater than its deemed width, all zoning provisions shall apply to the actual street width.

2.27.3

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.

2.27.4

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"

 

 

2.28 Classifications of Roads

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 A2

Schedule 'B' West

Classification of Roads

Classification of Roads B West2

Schedule 'B' East

Classification of Roads

 

Classification of Roads B East 2

 

 

 

2.29 Development Control

2.29.1

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

2.29.2

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.

2.29.3

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.

2.29.4

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.

2.29.5

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.

 

2.30 Lands Adjacent to Lake Ontario and Burlington Bay

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:

  • shoreline protection works
  • docks
  • waterfront trails
  • archaeological restoration projects
  • forest, wildlife and fisheries management projects
  • storm water management and flood control projects

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.

2.30.1 Regulatory Flood Lines

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.

 

2.31 Residential Building Height

 

A)         R1, R2, R3, R4 Zones
Peaked Roof Dwellings
Building Height Maximum
Detached
Semi-Detached 
Cluster		 1 storey to 7.5m (a) 1 ½ storey 
to 8.5m (a)		 2 storey to 10m (a) 2 ½ storey N/A (a) N/A
Flat Roof Dwellings
Building Height Maximum
Detached
Semi-Detached 
Cluster		 1 storey to 4.5m N/A 2 storey to 7m N/A N/A
Building Additions Alternatively, additions and enlargements to existing dwellings are permitted to a maximum height of two storeys measured from the ceiling of the existing dwelling, a maximum of 6 m at the peak of the roof or a maximum of 3 m to a flat roof for a two storey and 4.5 m at the peak of the roof or a maximum of 2.25 m to a flat roof for a one and half storey.
B)         All Other Zones
Peaked Roof Dwellings
Building Height Maximum
Detached
Semi-Detached
Duplex
Triplex
Fourplex
Townhouse Back to Back Townhouse
Street Townhouse
Stacked TownhouseCluster		 1 storey to 9m 1 ½ storey 
to 10m		 2 storey to 11.5m 2 ½ storey 
to 13m		 3 storey to 14m
Flat Roof Dwellings
Building Height Maximum
Detached
Semi-Detached
Duplex
Triplex
Fourplex
TownhouseBack to Back Townhouse
Street Townhouse
Stacked Townhouse
Cluster		 1 storey to 4.5m N/A 2 storey to 7m N/A 3 storey to 10m
Building Additions Alternatively, additions and enlargements to existing dwellings are permitted to a maximum height of two storeys measured from the ceiling of the existing dwelling a maximum of 6.25m at the peak of the roof or a maximum of 3m to a flat roof.

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.

 

2.32 Body-Rub Parlour Regulations

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

 

2.33 Parcel of Tied Land (POTL)

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:

  • A POTL shall be used in a manner that complies with all of the regulations and prohibitions of this by-law that govern the POTL itself and all of the regulations and prohibitions of this by-law that govern the entire development
  • Front Yard - 3 m
    Driveway Length - 6.7 m
    Side Yard adjacent to an exterior wall of a building - 1.2 m
    Yard abutting a Public Street - 3 m
    Rear Yard - 6 m, except that for back to back townhouses, the rear yard shall be 0 m
  • Part 1, Section 2.2 Accessory Buildings and Structures and Unitary Equipment; Part 1, Section 2.3 Patios and Decks - Residential; Part 1,  Section 2.4 Fencing and Privacy Screens, and Part 1, Section 2.5 Swimming Pools, shall also apply per POTL.

 

2.34 Exterrior Barrier-Free Accessibility Ramp

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:

  • Setback from a front lot line: 0.5 m
  • Setback from a side lot line abutting a street: 0.5 m
  • Setback from all other lot lines: 1.0 m

 

2.35 Adult Entertainment Establishment Regulations

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 1 to 1 sub 2.35

Schedule 2 to Part 1, SUB 2.35

Adult Entertainment Establishment Permitted Areas

Schedule 2 to 1sub 2.35

 

2.36 Setbacks Abutting Creek Blocks, 02 Zones, 03 Zones and RG Zones

Notwithstanding the other provisions of this by-law, all buildings and structures, including:

  • dwellings and garages;
  • above-ground and in-ground swimming pools;
  • patios, decks, sheds, sunrooms, gazebos, unitary equipment;
  • paved walkways;
  • at-grade parking areas or above or below-grade parking structures;shall maintain the following setbacks from a creek block, 02 zone, 03 zone or RG zone:
  • 15 m for those areas located on Zoning Maps 1-W, 1-E, 2-W, 2-E, 3-W north of Plains Road West, 3-E north of the CNR railway, 4-W, and 4-E; those areas zoned 03 on Maps 29-E, 30-W, and 30-E, and those areas zoned RG on Maps 31-E and 32-E;
  • 7.5 m for all other areas; 4.5 m if block includes a 3 m buffer.

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.

 

2.37 Setbacks from a Creek

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.

 

 

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