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Part 5 - Residential Provisions (Sections 120-141)

The City of Ottawa Zoning By-law is made available on the web site for information, however confirmation on the zoning provisions should be sought through the City’s development information officers (DIO), by contacting 311 and asking for the DIO for the geographic area in question.

This part contains provisions that apply specifically to residential dwellings located throughout the whole of the City, and includes regulations for uses including conversions, group homes, home-based businesses, and secondary dwelling units.

Reserved for Future Use (Section 120) (By-law 2016-131)

120.

Reserved for Future Use (By-law 2016-131)

Bed and Breakfast Provisions (Sec. 121)

       
 

121.

Where permitted in a residential zone or a rural zone, a bed and breakfast must:

 

(1)

be located only in a residential use building;

 

(2)

be limited to locations in the following residential use buildings in the identified areas that must be permitted uses in the zone in which they are located:

   

(a)

any residential use building in Areas A, B or C on Schedule 1, and

   

(b)

a detached dwelling in Area D on Schedule 1; and

 

(3)

provide meals only to guests of the bed and breakfast.

Conversions (Sec. 122)

    
   

122.

(1)

Where a residential use building is converted to a residential use for which the lot area, lot width, height or yard setback requirements are not specified, the conversion must meet the lot area, lot width, height and yard setback provisions applicable to a Detached Dwelling. (By-law 2014-189)

  

 

 

Front Yard Setback Reductions (Sec. 123)

       
 

123.

(1)

Where the front yard setback of at least one of the residential lots on either side of another residential lot is less than the required front yard setback for the zone but was lawfully established, the front yard setback for the middle residential lot may be reduced to the greater of,

   

(a)

1.5 metres, or

   

(b)

the average of the two front yard setbacks of the other two lots.

 

(2)

Where one of the lots on either side of the middle lot mentioned in subsection (1) is vacant, and the other lot is less than the required front yard setback for the zone but was legally established, the front yard setback for the middle lot may be reduced to the greater of,

   

(a)

1.5 metres, or

   

(b)

the average of the required front yard setback for the zone and the front yard setback of the lot that is not vacant.

 

(3)

Subsections (1) and (2) apply to both an addition to a residential building or to a new residential building on the middle lot.

 

(4)

Where the front yard setback of the residential lot abutting a corner lot is less than the required front yard setback for the zone, either the corner side yard setback or the front yard setback of a corner lot may be reduced to the greater of,

   

(a)

1.5 metres, or

   

(b)

the front yard setback of the abutting residential lot that faces the same street, but only one of the yards abutting a street is permitted this reduced setback.

Garden Suite Provisions (Sec. 124)

         
 

124.

(1)

A garden suite is only permitted where a site-specific, temporary zoning by-law allows one.

 

(2)

Where a garden suite is permitted by the temporary zoning mentioned in subsection (1), the following provisions apply:

   

(a)

only one garden suite is permitted per lot;

   

(b)

the garden suite must be on the same lot as a principal residential use building;

   

(c)

the principal residential use building must be either a detached dwelling, linked-detached dwelling or a semi-detached dwelling;

   

(d)

the detached dwelling, linked-detached dwelling or semi-detached dwelling must be a permitted use in the zone;

   

(e)

the garden suite must comply with the regulations set out in Table 124; and

   

(f)

despite subsection (2)(e), these regulations may be varied on a site–specific basis through a temporary zoning by-law.

 

(3)

Subsection (2) does not preclude both units of a semi-detached dwelling having a garden suite.

 

(4)

The development of a garden suite on a residential lot does not result in the creation of a planned unit development.

         
TABLE 124- PROVISIONS FOR GARDEN SUITES (By-law 2008-386)
     

I
ZONING MECHANISM

II
PROVISION

(1) Maximum height

4.6 m and 1 storey

(2) Permitted Location

In the rear yard only

(3)Minimum setback

(a) From a side lot line

Same as for principal building

(b) From a rear lot line

2.3 m

(4) Maximum Lot Coverage

(i) 35% of the area of the rear yard
(ii) a garden suite is not included in the calculation of any other maximum lot coverage requirements

(5) Minimum distance from any other building on the lot

1.2 m

(6) Driveways

no driveway, other than one already on the lot prior to the installation of the garden suite, is permitted

(7) Maximum floor area

65% of the gross floor area of the principal building on the lot

(8) Parking

no additional parking is required

Group Home Provisions (Sec. 125)

         
 

125.

(1)

Where a group home is a permitted use in a zone, in addition to the provisions of the zone in which it is located, a group home: (By-law 2008-326)
   

(a)

when located in a residential zone, must be within a dwelling type permitted in that zone; (By-law 2008-326)

   

(b)

section 122 applies;

   

(c)

pursuant to Subsection 122 (6), where a residential use building, located in a residential zone, is converted to a group home, the group home must occupy the whole of the building including all attached units within the residential building; and the separation distances, required under paragraphs 125 (1)(d), and (e), and subsections 125 (2) and (3) do not apply to the attached units within which the group home is located;

   

(d)

where located within or abutting Residential, Rural Institutional, or Village Mixed-use Zones, must be separated from any other lot containing a group home, a distance of 300 metres from each property line of the lot on which the group home is located;

   

(e)

where located within an RU - Rural Countryside or AG - Agricultural Zone:

     

(i)

must be separated from any other lot zoned RU or AG containing another group home, a distance of 1000 metres from each property line of the lot on which the group home is located, and

     

(ii)

Must be separated from any lot zoned in a Residential zone, Rural Institutional Zone, or VM – Village Mixed-Use Zone containing another group home, a distance of 500 metres from each property line of the lot on which the group home is located.

 

(2)

Despite subsection (1), the minimum required separation distance need not extend across a highway, grade-separated arterial roadway, railway yard, Rideau or Ottawa Rivers, or Rideau Canal, or any other major barrier to pedestrian or vehicular movement, and in such cases is deemed to be fulfilled by the distance between that barrier and the affected property line or lines of the lot containing the group home.

 

(3)

Where the minimum required separation distance of one group home intersects the minimum required separation distance of another group home, both group homes are considered to comply with the minimum separation distance requirements, provided that the limits of the two separation areas do not touch a lot line of a lot containing another group home.

 

(4)

The maximum number of residents permitted applies to the whole of the residential use building and not to individual units within the residential building in which the group home is located.

 

(5)

Despite paragraphs 125 (1) (d) and (e), and subsections 125 (2) and (3), where there are two abutting lots, each of which contains or proposes to contain one group home, both homes are permitted, provided the total of both group homes does not increase the total number of residents in both homes beyond the ten (10) resident maximum required under the definition of group home and required under the residential zones.

Heavy Vehicles and Recreational Vehicles Associated with a Residential Use (Sec. 126)

      
 

126.

(1)

No person may park a trailer or heavy vehicle associated with a residential use or with one or more home based businesses on the same lot as the associated residential use or home based business unless:

  

(i)

the lot continues to be used in accordance with Part 4, except as set out in Subsection (2) below; and, 

  

(ii)

the trailer or heavy vehicle is parked within a building; or,
  

(iii)

the trailer or heavy vehicle is parked in accordance with Table 126, which sets out the maximum number and permitted location. (By-law 2009-164) (By-law 2016-131)

 

(2)

Where parked within a building, or in a driveway in accordance with Table 126, a trailer or heavy vehicle may obstruct a motor vehicle parking space, or may occupy a motor vehicle parking space so long as parking for the associated motor vehicle continues to be accommodated on the lot in accordance with this by-law.(By-law 2009-164) (By-law 2016-131)

 

(3)

Despite Subsection (1), Section 71 – Temporary Uses, Buildings or Structures During Construction, applies with necessary modification to permit the parking of trailers or heavy vehicles associated with a residential use or with one or more home based businesses in accordance with that section. (By-law 2016-131)

 

(4)

For the purposes of this section, the definition of heavy vehicle also includes a recreational vehicle, and the definition of trailer also includes a trailer for a boat, and a trailer for the transportation of waste or materials. (By-law 2016-131)

     
TABLE 126 – MAXIMUM NUMBER OF VEHICLES PERMITTED TO BE PARKED
(By-law 2009-164)  (By-law 2016-131)
     

I
Type of vehicle

Provisions

II
Residential and LC zones (R1 to R5, RM, RR and V1 to V3)

III
AM, GM, TM and VM zones

IV
AG, EP, ME, MR and RU

i. if greater than
6 m in length and is not a school bus

a) heavy vehicle that consists of a recreational vehicle, or a trailer for camping or a boat

provided it is parked in the rear yard or interior side yard and setback 0.6 m from the lot line:

(i) one – in R1 to R5 zones and those RM zones located in Areas A, B and C on Schedule 1

b) two – all other residential zones

provided it is parked in the rear yard or interior side yard and setback 0.6 m from the lot line:

a) one – AM and TM zones

b) two – VM zone

three – but no person shall park in a  required front or corner side yard, and must be a minimum of 3 metres from all lot lines.

 

b) a heavy vehicle other than a) above

not permitted

not permitted

two, but no person shall park in a required front or corner side yard, and must be a minimum of 3 metres from all lot lines.

ii. if 6m or less in length and is a heavy vehicle that is a tractor trailer or portion thereof
(By-law 2009-164)

not permitted

not permitted

two, but no person shall park in a required front or corner side yard, and must be a minimum of 3 metres from all lot lines.

iii. if 6m or less in length and is a heavy vehicle that is not a tractor-trailer, or a school bus
(By-law 2009-164)

two, but no person shall park in a required front or corner side yard, except in a driveway, and where located outside of the front or corner side yard, must be at least 0.6 metres from all lot lines

two, but no person shall park in a required front or corner side yard, except in a driveway, and where located outside of the front or corner side yard, must be at least 0.6 metres from all lot lines

iv. school bus

a) one – in RR, V1, V2, V3, VM and those RM zones located in Area D on Schedule 1, but must not be parked in a required front or corner side yard

b) one – in all other residential zones provided that the school bus is no longer than 6.8 m and that no other heavy vehicle is permitted on the lot

not permitted

two – but no person shall park a school bus in a required front or corner side yard, except in a driveway and where parked outside of the front and corner side yard, must be a minimum of 3 metres from all lot lines.

v. cumulative number of heavy vehicles permitted per lot
(By-law 2009-164)

Except where otherwise specified in (i) through (iv) above, no person shall park more than two heavy vehicles or school buses on the lot, and the required parking for the dwelling or farm must continue to be legally provided on the lot.

Except where otherwise specified in (i) through (iv) above, no person shall park a total of more than three trailers and heavy vehicles on the lot, and the required parking for the dwelling or farm must continue to be legally provided on the lot.

Home-Based Business Provisions (Sec. 127)

127.

(1)

Home-based businesses are permitted in any dwelling unit, secondary dwelling unit or rooming unit, in any zone that permits residential uses provided:

  

(a)

they must not become a nuisance because of noise, odour, dust, fumes, vibration, radiation, glare, traffic, or parking generated;

  

(b)

they must not become a fire or building hazard or health risk;

  

(c)

they must not interfere with radio, television or other telecommunications transmissions;

  

(d)

one or more residents may operate a business; and

  

(e)

the operators of the home-based businesses must reside in the dwelling, secondary dwelling unit or rooming unit from which the home-based business is conducted, including when the business is in operation.

 

(2)

Any number of businesses may exist provided the cumulative maximum total gross floor area outlined in either subsection (9) or Section 128(3), as the case may be, is not exceeded.

 

(3)

Despite the unlimited number of businesses permitted, a maximum of only one, on-site, non-resident employee is permitted per principal dwelling unit.

 

(4)

On-site non-resident employees are prohibited in association with any home-based business located within a secondary dwelling unit, rooming unit, or dwelling unit within an apartment dwelling, low rise or an apartment dwelling, mid-high rise. (Subject to By-law 2014-292)

 

(5)

No client or customer may be attended or served on-site in the case of any home-based business located within a secondary dwelling unit, rooming unit, or dwelling unit within an apartment dwelling, low rise or an apartment dwelling, mid-high rise.(By-law 2012-334) (Subject to By-law 2014-292)  

 

(6)

Where any parking is required for the home-based business, such space may be located in the driveway. .(By-law 2012-334)

 

(7)

There is no visible display or indication of any home-based business from the street, other than the maximum of one sign for all home-based businesses on the lot, as provided for in an applicable Signs By-law. .(By-law 2012-334) (By-law 2008-326)

 

(8)

Home-based businesses must not involve the use of the premises as a dispatching office or supply depot. .(By-law 2012-334)

 

(9)

Any number of home-based businesses is permitted on a lot which permits a residential use, either within the dwelling unit, rooming unit or secondary dwelling unit, or within an attached garage on the lot, provided that:

  

(a)

if within a dwelling unit or secondary dwelling unit, the cumulative size of all home-based businesses per dwelling unit or secondary dwelling unit must not exceed 25% of the unit’s gross floor area or 28 m2 whichever is the greater;

  

(b)

if within an attached garage, the cumulative size of all home-based businesses must not exceed a maximum of 54m2, and the required parking for the dwelling unit must continue to be legally provided on the lot;

  

(c)

if within a rooming unit, no maximum size limit applies, but the home-based business must take place solely within the rooming unit and not within any communal area within the building; and

  

(d)

In the case of subsections (a) and (b), the cumulative total is for all home-based businesses within the principal dwelling unit and attached garage combined, with a separate cumulative total applicable to the secondary dwelling unit, and not for the principal dwelling unit, attached garage and secondary dwelling unit combined. (By-law 2012-334)

 

(10)

The business of storing automobiles, buses, boats, recreation and any other types of vehicles is specifically prohibited. .(By-law 2012-334)

 

(11)

Outdoor storage is prohibited. .(By-law 2012-334)

 

(12)

Where a home-based business sells on the premises, it sells only those items that are made on the premises. Despite the foregoing, telemarketing and mail order sales are permitted provided that any merchandise purchased is delivered or mailed directly to the customer. .(By-law 2012-334)

 

(13)

Businesses that require a business, not professional, license under the City of Ottawa’s licensing by-laws are not permitted, except that the following businesses requiring licenses are permitted:

  

(a)

electricians and electrical contractors;

  

(b)

plumbing contractors;

  

(c)

taxi cab and limousine drivers, but not brokers, to a maximum of two taxis or limousines (By-law 2012-334)(By-law 2012-180)

 

(14)

Nothing in subsection (13) prevents the administrative and indoor storage functions of such licensed businesses from being operated as a home-based business provided such functions comply with the provisions of subsections (1) through (12) inclusive. (By-law 2012-334)

 

(15)

Section 126 sets out the regulations applicable to the parking of heavy vehicles.(By-law 2012-334) (By-law 2009-164)

Home-Based Businesses in RU and AG Zones (Sec. 128)

128.

On lots zoned RU-Rural Countryside or AG-Agricultural that are a minimum size of 0.8 ha, the following additional regulations apply to home-based businesses:

 

(1)

The regulations of Sections 127(1), 127(2), Section 127(4) through 127(9), and Sections 127(12) through 127(14) apply.(By-law 2012-334)

 

(2)

Despite the unlimited number of businesses permitted, a maximum of three, on-site, non-resident employees are permitted per principal dwelling unit.

 

(3)

Home-based businesses are permitted in the dwelling unit, secondary dwelling unit, rooming unit, garage and accessory buildings to a cumulative maximum of 150 m2, excluding outdoor storage associated with the home-based businesses.

     (4)

Section 127(6) applies with all necessary modifications.(By-law 2012-334)

 

(5)

In the case of subsection (3), the cumulative total is for all home- based businesses within the principal dwelling unit, garage and accessory buildings combined, with a separate cumulative total applicable to the secondary dwelling unit, and not for the principal dwelling unit, garage, accessory buildings and secondary dwelling unit combined. If within a dwelling unit or secondary dwelling unit, the cumulative size of all home-based businesses per dwelling unit or secondary dwelling unit must not exceed 25% of the unit’s gross floor area or 28 mwhichever is the greater; and if within a rooming unit, no maximum size limit applies, but the home-based business must take place solely within the rooming unit and not within any communal area within the building.

 

(6)

Section 127(2) applies with all necessary modifications.

 

(7)

In addition to the types of licensed businesses permitted under subsection 127(13), snow plough contractors, drain contractors, antique dealers and any business of storing automobiles, buses, boats and recreation vehicles are also permitted, subject to paragraph 127(1)(e). (By-law 2012-334)(By-law 2008-386)

 

(8)

Sales areas are restricted to within principal dwelling units and accessory buildings only.

 

(9)

No part of any garage or accessory building used for a home-based business may be located closer than 10 metres to any residential use on another lot, or to the side lot line if the neighbouring lot is not developed with a residential use.

 

(10)

A maximum cumulative 5% of the lot area or 100 m2, whichever is the lesser is permitted to be used for outdoor storage associated with all of the home-based businesses combined.

 

(11)

The permitted outdoor storage is restricted to the rear yard or to an interior yard adjacent to the rear yard.

 

(12)

The outdoor storage is not to be located within 10 metres of any side lot line.

 

(13)

The outdoor storage must be screened from view from any abutting public street, or abutting property, with an opaque screen or fence, with a minimum height of 1.4 metres.

 

(14)

On-site storage of hazardous chemicals or explosives is prohibited.

 

(15)

No open storage may lead to the creation of a salvage yard.

 

(16)

Section 126 sets out the regulations applicable to the parking of heavy vehicles.

 

(17)

For lots zoned in an EP subzone where a dwelling is permitted, the associated home-based businesses are subject to the regulations of Section 127 only and Section 128 does not apply.

Home Based Businesses in Villages (Section 128A)

128A.

On lots zoned V1 – Village Residential First Density, V2 – Village Residential Second Density, V3 – Village Residential Third Density and VM – Village Mixed-Use zones that are subject to the Village Residential – Enterprise Overlay,  the following regulations apply to home-based businesses:

(1)

Section 127 applies, except for subsections (2), (3) and (9).)

(2)

Subsection 127(14) applies, with modifications such that 127 (2), (3) and (9) do not apply.

(3)

Any number of home-based businesses are permitted in the dwelling unit, secondary dwelling unit, rooming unit, garage and accessory buildings to a cumulative maximum of 75 m2.

(4)

In the case of subsection (3) the cumulative total is for all home- based businesses within the principal dwelling unit, garage and accessory buildings combined, with a separate cumulative total applicable to the secondary dwelling unit, and not for the principal dwelling unit, garage, accessory buildings and secondary dwelling unit combined. If within a dwelling unit or secondary dwelling unit, the cumulative size of all home-based businesses per dwelling unit or secondary dwelling unit must not exceed 45% of the unit’s gross floor area or 75 m2 whichever is the lesser; and if within a rooming unit, no maximum size limit applies, but the home-based business must take place solely within the rooming unit and not within any communal area within the building.

(5)

Despite the unlimited number of businesses permitted, a maximum of two, on-site, non-resident employees are permitted per principal dwelling unit. (By-law 2013-58)

Home-Based Day Care (Sec. 129)

   
 

129.

(a)

Home-based day care with accommodation for up to five persons is permitted as a home-based business in any principal dwelling unit that is a permitted use in the zone in which it is located.

 

(b)

Home-based day care permitted under subsection (a) is subject to the regulations of Section 127.

 

(c)

Despite subsection (b), and 127 (2), only one home-based day care is permitted in any one principal dwelling unit.

 

(d)

Despite 127(1), 127(2) and 127(9), home-based day care must only be in a principal dwelling unit. (changed to reflect By-law 2012-334)

 

(e)

Day care with accommodation for more than five persons is not permitted as a home-based business.

Non-Residential Uses in Residential Zones (Sec. 130)

   
 

130.

(1)

Subject to subsection (2), where a non-residential use is permitted in a residential zone, the non-residential use must comply with the residential zone regulations that apply to the highest density residential use permitted in that zone.  (By-law 2014-289) 

 

(2)

Subsection (1) does not apply where the non-residential use is subject to specific development standards.

Planned Unit Development (Sec. 131)

           
         

131.

(1)

Planned unit development is permitted only if:

   

(a)

it is in a zone or sub-zone in which a planned unit development is a permitted use;

   

(b)

it consists only of uses that are permitted in the zone or sub-zone; and

   

(c)

the entire planned unit development complies with all applicable Sections of the By-law, the provisions set out in this Section and Table 131, however, any development parcels within the planned unit development that are severed need not comply with the dwelling type-specific provisions indicated in Part 6 other than maximum permitted building height.

 

(2)

In the case of more than one detached dwelling located on the same lot in an AG-Agricultural Zone, or in the case of a garden suite located on a lot developed with a residential use building, this Section does not apply.

 

(3)

A residential use building in a planned unit development is considered to have frontage if the land on which it is to be located after severance abuts a private way that serves as a driveway leading to a public street or as an aisle leading to such driveway.

 

(4)

The following ancillary uses are permitted on the same lot as a planned unit development, but only to serve the residents of the planned unit development:

   

(a)

bank machine

   

(b)

community centre

   

(c)

community health and resource centre

   

(d)

convenience store

   

(e)

medical facility

   

(f)

office

   

(g)

personal service business limited to a laundromat

   

(h)

post office

 

(5)

The uses permitted by subsection (4) must:

   

(a)

all be in one building;

   

(b)

not exceed a cumulative total floor area of 150 square metres;

   

(c)

be located on a lot containing the planned unit development; and

   

(d)

be located in the interior of the lot mentioned in paragraph (c) in such a way that there is no indication, visible from a public street, that there is an ancillary use on the lot.

 

(6)

Where an ancillary use is in a building that is used only for ancillary uses, that building must,

   

(a)

not exceed the maximum permitted height for the dwellings located in the planned unit development or 11 metres, whichever is less; and

   

(b)

conform to all other provisions of this by-law applicable to a planned unit development and to the subzone in which the ancillary use building is located.

     
TABLE 131- PROVISIONS FOR PLANNED UNIT DEVELOPMENT
     

I
ZONING MECHANISM

II
PROVISION

(1) Minimum width of private way

6 metres

(2) Minimum setback for any wall of a residential use building to a private way

Notwithstanding any front yard setback requirement associated with any zone or subzone, the minimum setback for any wall of a residential use building to a private way is 1.8 metres

(3) Minimum setback for any garage or carport entrance from a private way (By-law 2012-33)

5.2 metres

(4) Minimum separation area between buildings within a planned unit development

(a) where the height of abutting buildings within the PUD is less than or equal to 14.5 metres

1.2 metres

(b) all other cases

3 metres

(5) Parking

(a) In addition to providing parking pursuant to Section 100 of this by-law, parking within a planned unit development may be located anywhere within the development, whether or not the development parcels within the planned unit development are severed. (By-law 2013-224)

(b)  Required visitor parking may be provided as parallel parking on a private way, provided the private way has a minimum width of 8.5 metres. (By-law 2013-224)

(6) Landscaping and Parking

In the case of a planned unit development consisting of detached, linked-detached, semi-detached, three-unit or townhouse dwellings, or any combination thereof, all lands located between the dwelling unit, the extension of the main wall of the dwelling unit, and the private way are to be landscaped with soft landscaping, other than the area used for a driveway leading to the dwelling unit’s associated parking space, garage or carport have a driveway that is wider than the associated parking space, garage, or carport. Furthermore, the remaining area between the dwelling unit and the private way must be landscaped with soft landscaping, with the exception of a walkway of no more than 1.8m in width. (By-law 2013-224) (By-law 2015-190) 

Rooming Units in Private Dwellings (Sec. 132)

132.

(1)

In the case of the R1, R2, R3, R4, and R5 zones, up to three rooming units are permitted in a detached dwelling, and a linked-detached dwelling; and in each principal dwelling unit of a semi-detached dwelling, of a duplex dwelling, and of a townhouse dwelling.(By-law 2012-334) (By-law 2009-18) (By-law 2009-184) (By-law 2010-123)

 

(2)

In the case of the VM, V1, V2, V3, RU and RR zones, up to two rooming units are permitted in a detached dwelling,and a linked-detached dwelling; and in each principal dwelling unit of a semi-detached dwelling and a duplex dwelling. (By-law 2009-18) (By-law 2009-184) (By-law 2010-123)

 

(3)

In no case, may the cumulative total of rooming units within the whole of one of the residential use buildings, listed in the subsections (1) and (2) above, result in the creation of a rooming house, or rooming house, converted. (By-law 2010-123)

 

(4)

Rooming units are not permitted within secondary dwelling units and garden suites. (By-law 2010-123)

Secondary Dwelling Units (Sec. 133)

       
 

133.

(1)

For purposes of this section, gross floor area means the total area of each floor whether located above, or at grade, measured from the interior of outside walls and including floor area occupied by interior walls but excluding:

   

(a)

floor area occupied by mechanical, service and electrical equipment that serve the building; and

   

(b)

accessory uses located below grade;

 

(2)

A secondary dwelling unit is permitted in any detached, linked-detached , semi-detached or townhouse dwelling  in any zone where that dwelling type is a listed permitted use provided: (By-law 2010-307) (By-law 2013-225) (By-law 2014-298)

   

(a)

it does not change the streetscape character along the road on which it is located;

   

(b)

it is not a stand-alone, principal unit capable of being severed;

   

(c)

it must be located on the same lot as its principal dwelling unit; and

   

(d)

it only exists along with, and must be contained within the same building as, its principal dwelling unit.

  (2a) A maximum of one secondary dwelling unit is permitted only in the basement of a duplex dwelling existing as of July 17, 2013. (By-law 2013-225)
 

(3)

A secondary dwelling unit is not permitted on a lot that is legally non-complying with respect to lot width or lot area, except when the lot is located in a V1, V2, V3 or VM zone as per Section 3(5). (By-law 2013-58)

 

(4)

A maximum of one secondary dwelling unit is permitted per principal dwelling unit in the case of a detached, linked-detached,  semi-detached and townhouse dwelling (By-law 2013-225) (By-law 2014-298)

 

(5)

If located at or above grade, the secondary dwelling unit must not be greater in size than an amount equal to 40% of the gross floor area of its principal dwelling unit. If located in a basement, it may occupy the whole of the basement.

 

(6)

Where located both at or above grade, and in the basement, the secondary dwelling unit must not be greater in size than an amount equal to a total gross floor area, of its principal dwelling unit including the gross floor area of the basement, of 40%.

 

(7)

Subsection (6) does not apply where the secondary dwelling unit is located entirely within the basement save and except for its entrance located on the ground floor as required by subsection (11).

 

(8)

Where an attached garage is converted to create the secondary dwelling unit or a portion of the secondary dwelling unit, such attached garage is included in the calculation of the gross floor area of the dwelling.

 

(9)

The creation of a secondary dwelling unit must not result in any new doorway entrance added to the front wall, whether before, during or after the creation of the secondary dwelling unit.

 

(10)

Subsection (9) does not:

   

(a)

prohibit an internal lobby or vestibule with a common doorway entrance in the front wall; nor

   

(b)

prohibit the creation of a secondary dwelling unit within a dwelling unit that already contains more than one doorway entrance in the front wall; nor

   

(c)

require the removal of a doorway entrance to a house that already contains more than one doorway entrance in the front wall; nor

   

(d)

prohibit the addition of one doorway entrance along the front wall of a dwelling unit on a corner lot where there is no doorway entrance along that front wall, but where there is one along the corner side wall of the dwelling unit.

 

(11)

The doorway entrance that leads to a secondary dwelling unit is limited to locations on the ground floor only, except where building and fire codes dictate otherwise.

 

(12)

The principal and secondary dwelling units must share the parking area and yards provided for the principal dwelling unit, and no new driveway may be created, except in the case of corner lots, where such new driveway may only be created in the yard that did not contain a driveway prior to the conversion.(By-law 2012-33)

 

(13) 

Except in the case of a secondary dwelling unit within a duplex dwelling existing as of July 17, 2013, no parking is required for a secondary dwelling unit, but where provided, parking must be in conformity with the parking provisions of the by-law, and must not be located in the front yard. (By-law 2013-225)

 

(14) 

Where a secondary dwelling unit is located on a lot subject to Section 139 – Low-Rise Residential Development in Mature Neighbourhoods, no parking is required for the secondary dwelling unit. (OMB Order, File #PL120666, issued June 10, 2015) (By-law 2012-147) 

 

(15)

Despite subsection (13), a parking space for a secondary dwelling unit may be located in a driveway that passes through a front yard to a garage, carport or other parking space, and may be in tandem in the driveway.

 

(16)

The creation of the secondary dwelling unit must not eliminate a required parking space for the principal dwelling unit.

 

(17)

Where a secondary dwelling unit is located on a lot, neither a garden suite, coach house, nor any rooming units are permitted on that lot.  (By-law 2016-356)

 

(18)

Secondary dwelling units must not be limited by, nor included in, any density control requirement, including for example, number of dwelling units and unit per hectare counts. (By-law 2008-462)

Shelter Accommodation (Sec. 134)

     
 

134.

(1)

Where it is a permitted use in a zone, in addition to the provisions of the zone in which it is located, a shelter must be separated from any other lot containing a shelter, a distance of 500 metres from each property line of the lot on which the shelter is located.

 

(2)

Despite subsection (1), the minimum required separation distance need not extend across a highway, grade-separated arterial roadway, railway yard, Rideau or Ottawa Rivers, or Rideau Canal, or any other major barrier to pedestrian or vehicular movement, and in such cases is deemed to be fulfilled by the distance between that barrier and the affected property line or lines of the lot containing the shelter.

 

(3)

Where located within a Minor Institutional Zone, a shelter must be separated from any lot zoned R1, R2, R3 and R4, a distance of 30 metres from each property line of the lot on which the shelter is located and the Residentially-zoned lot.

 

(4)

Section 122 applies.

 

(5)

Despite anything to the contrary, a maximum of four shelters are permitted in Ward 12 as shown on Schedule 5. (By-law 2008-341).

Through lots in Residential Zones (Sec. 135)

       
   

135.

(1)

In the case of a residentially-zoned through lot, or corner through lot, the minimum required front yard setback applies to both the front and rear lot lines, in accordance with the provisions of the Residential zone or zones in which such lot is located and the minimum required rear yard setback does not apply.

 

(2)

In the case of a corner through lot, the minimum required corner side yard setback applies to the street that is mostly perpendicular to the other two streets, in accordance with the provisions of the Residential zone or zones in which such lot is located.(By-law 2010-377)

Maximum Number of Attached Dwelling Units in a Townhouse Dwelling (Section 136)

136.

No more than eight attached dwelling units are permitted in a townhouse dwelling. (By-law 2012-334)

Amenity Area (Section 137)

137.

(1)

Amenity area must be provided for a residential use that is a permitted use in the zone in which it is located, in accordance with Table 137.

 

(2)

Amenity area must be located on the same lot as the use for which it is provided.

 

(3)

Amenity area provided outdoors must not be located in a required front or corner side yard.

 

(4)

Where amenity area is located outside at grade, it may be included in the calculation of landscaped area requirements.

 

(5)

Minimum required communal amenity area may only be included as part of a required landscaped buffer where it is aggregated into areas of 54m2 or more.

Table 137- Amenity Area  (By-law 2014-189)  (OMB Order File #PL150797 issued July 25, 2016 – By-law 2015-228)
     

I

Land Use

II

Total Amenity Area

III

Communal Amenity Area

IV

Layout of Communal Amenity Area

(1)

Rooming House or Rooming House, Converted in any Residential zone within the area shown as Area A on Schedule 321

7.5m2 per rooming unit up to 8 units, plus 3m2 per unit in excess of 8.

100% of the amenity area

Communal amenity area must:
-be located at grade and in the rear yard;
-be landscaped;
-consist of at least 80% soft landscaping; and
-abut the rear lot line, unless the lot has access to a rear lane.

 (2)Three-unit Dwelling in any Residential zone within the area shown as Area A on Schedule 321 45m100% of  required amenity area 

Communal amenity area must:
-be located at grade and in the rear yard; be landscaped;
-consist of at least 80% soft landscaping; and
-abut the rear lot line, unless the lot has access to a rear lane.

(3) Low-rise Apartment Dwelling in any Residential Zone within the area shown as Area A on Schedule 32115m2 per dwelling unit up to 8 units, plus 6m2 per unit in excess of 8. 100% of the amenity area required for the first 8 units. 

Communal amenity area required for the first 8 units must:
-be located at grade and in the rear yard;
-be landscaped;
-consist of at least 80% soft landscaping; and
-abut the rear lot line, unless the lot has access to a rear lane

(4) Low-rise apartment dwelling of more than 4 units in any zone, other than a residential zone located within Area A on Schedule 321 (By-law 2016-131)6m2 per dwelling unit, and 10% of the gross floor area of each rooming unit A minimum of 50% of the required total amenity area Aggregated into areas up to 54m2, and where more than one aggregated area is provided, at least one must be a minimum of 54 m
(5) Apartment Building, mid-high rise 6m2 per dwelling unit, and 10% of the gross floor area of each rooming unit A minimum of 50% of the required total amenity area Aggregated into areas up to 54 m2, and where more than one aggregated area is provided, at least one must be a minimum of 54 m
(6) Mixed Use Building, with 9 or more dwelling units or rooming units 6m2 per dwelling unit, and 10% of the gross floor area of each rooming unit A minimum of 50% of the required total amenity area Aggregated into areas up to 54 m2, and where more than one aggregated area is provided, at least one must be a minimum of 54 m2 
(7) Stacked dwelling of 9 or more dwelling units 6m2 per dwelling unit, and 10% of the gross floor area of each rooming unit A minimum of 50% of the required total amenity area Aggregated into areas up to 54 m2, and where more than one aggregated area is provided, at least one must be a minimum of 54 m2 
(8) Retirement Home 6m2 per dwelling unit, and 10% of the gross floor area of each rooming unit A minimum of 50% of the required total amenity area Aggregated into areas up to 54 m2, and where more than one aggregated area is provided, at least one must be a minimum of 54 m2 
(9)Retirement Home, Converted6m2 per dwelling unit, and 10% of the gross floor area of each rooming unitA minimum of 50% of the required total amenity areaAggregated into areas up to 54 m2, and where more than one aggregated area is provided, at least one must be a minimum of 54 m2
(10)Residential care facility10% of the gross floor area of each rooming unitAll of the total amenity area 
(11)Planned Unit DevelopmentAs per dwelling typeAs per dwelling typeAs per dwelling type
(12)Apartment dwelling low-rise:

In any R1 to R4 zone where parking is not required in Area A on Schedule 342
15m2 per dwelling unit up to eight units, plus 6m2 per unit in excess of 8.100% of the amenity area required for the first eight units. Communal amenity area required for the first eight units must:

-be located at-grade and in the rear yard;
-be landscaped;
-consist of at least 80% soft landscaping; and
-abut the rear lot line, unless the lot has access to a rear lane. 
(13)Other usesNot required  
 

(6)

Despite rows (1) through (3) of Table 137:

 

(a)

where a Planned Unit Development contains a Three-unit Dwelling, Low-rise Apartment Dwelling, Rooming House or Converted Rooming House, the required amenity area may be located outside of the rear yard and is not required to abut the rear lot line, and; 

 

(b)

the total amenity area required at grade for all Three-unit Dwellings, Low-rise Apartment Dwellings, Rooming Houses and Converted Rooming Houses in the Planned Unit Development does not need to exceed 120 m2. (By-law 2014-189)

  

Regulations Affecting Vertically Attached Dwelling Units (Section 138)

   

138.

(1)

Minimum interior side yard and minimum rear yard setbacks are deemed to be 0 m between individual dwelling units that are permitted to be vertically attached. (By-law 2014-289)

 

(2)

A linked-detached dwelling must be connected by a common foundation wall that is no greater than 1 metre above grade, and a minimum of 5 metres or more in depth.

 

(3)

A duplex dwelling may additionally have vertical separated gross floor area of up to 15% of the upper unit.

 

(4)

A semi-detached dwelling must have a vertical common wall that is 5 metres or more in depth and 2.5 metres or more in height.
(By-law 2010-307)

Low-Rise Residential Infill Development in the Mature Neighbourhoods Overlay (Section 139)

 (OMB Order, File #PL120666, issued June 10, 2015) (By-law 2012-147)

The purpose of the Mature Neighbourhoods Overlay is to regulate the character of low-rise residential development in order to recognize and reflect the established character of the streetscapes within the area of the Overlay. The local streetscape character is the key consideration in determining how a) a new dwelling on a new lot, b) a new dwelling on an existing lot, c) a conversion of a residential use building from one dwelling type to another permitted dwelling type, d) an addition, to an existing residential use building, that abuts the front yard or corner side yard,  and e) the incidental use of lands within front, interior side and corner side yards on residential lots, will be permitted to develop, so that it complements and reinforces the established neighbourhood character as seen along each street.

139.

The following subsections take precedence over any other provision in Parts 3 to 14 or of this by-law to the contrary and over any provision in Part 15 to the contrary enacted prior to this by-law, save and except: a) Part 4, Section 100, other than Subsection 100 (3) (ii), Section 105, Section 106, other than Subsection 106 (1) (a), Subsection 107 (1) (b) and (c) and Table 107, Section 108, Section 110, Section 111, Section 112 and Section 113; b) all of Part 5, other than section 123; and c) all of Part 6, other than subsections 157 (7), 159 (8), 161 (10) and 163 (10), and apply on a lot in any zone where a residential use building of four or fewer storeys is permitted, within the boundaries shown on the Mature Neighbourhoods Overlay. The regulations apply to any lot developed with, or to be developed with, a permitted low-rise residential use building within the area identified by the Mature Neighbourhoods Overlay.

Definitions

 

(1)

For the purposes of Sections 139 and 140, the following definitions apply:

  

(i)

Attribute means a land use quality or feature, regarded as a characteristic of, and an inherent part of, the streetscape character, inclusive of the use, incidental use of lands, buildings and associated uses, and includes building and entrance orientation with respect to the street; treatment of yards abutting a street; the location and type of access to a site for pedestrians and vehicles; and the location of parking.

  

(ii)

Carport means an area for a parking space having a roof supported by columns, piers or walls and in which the total area of all closures around the perimeter thereof does not exceed 50% of the total area of all sides of said carport, from the floor to the underside of the wall plate or beams supporting the roof.

  (iii)Character means the recurrence or prevalence of patterns of established building setbacks, site layouts, orientation of the principal entranceway to the street, incidental use of lands, and landscapes that constitute a streetscape, based on identified and confirmed land use attributes.
  (iv)Dominant means:
   

In the case of patterns, the dominant pattern is the most frequently occurring pattern as set out in Section 140 for each of the attributes being documented in a Streetscape Character Analysis; and

In the case of Character Groups, the dominant Character Group is the most frequently occurring Group as detailed in Section 140, inclusive of the various patterns that constitute it, for each of the attributes being documented in a Streetscape Character Analysis.

  (v) Double driveway means a driveway designed to be no wider than necessary to accommodate two motor vehicles side by side.
  (vi)Existing means: as of the date that a Streetscape Character Analysis is submitted to the Department of Planning and Growth Management, in the case of determining the existence of a building, dwelling , driveway, walkway or parking space on a lot and to the actual yard setbacks of that building or dwelling, and in the case of the existing average grade means, as of the date that a Streetscape Character Analysis has been approved by the Department of Planning and Growth Management; 
  (vii)Existing Average Grade refers to the manner in which grade is calculated under subsection 139 (24) for purposes of determining building height. 
  (viii)First Floor means the floor of the dwelling or dwelling unit, other than an area used for parking, that: 
   

(i)

is closest in elevation to the elevation of existing average grade; and

   

(ii)

must include, within it, a minimum amount of prescribed habitable floor space, as regulated in this By-law.

   (ix)

Flag lot means a lot with two distinct parts: the flag, which is the only building site; and the pole, which connects the flag to the street and provides the only street frontage for the lot. 

image of flag lot

  (x)

Habitable floor space means any space, within a residential use building, measured from the outside surfaces of exterior walls, that is intended for use year-round, excluding a garage.

  (xi)

Immediately opposite means across the street, and may be used in both the context of a lot located most directly across the street from the subject lot, or of a development located most directly across the street from the subject or proposed development.

  (xii)

Incidental use of land means how the land is treated or used, including land within front, interior side and corner side yards, for purposes such as landscaping, vehicular access or pedestrian access.

  (xiii)Long semi-detached dwelling means a residential use building that contains two dwelling units, where the dwelling units are attached and arranged one behind the other.
  (xiv)Pattern means a specific arrangement of each of the land use attributes.
  (xv)Single driveway means a driveway designed to be no wider than for one motor vehicle.
 
General Provisions
 (2)The following provisions apply to any lot developed with, or to be developed with, a low-rise residential use building of four storeys or less, in any zone where residential use buildings are permitted.
  (a)For the purposes of this section and section 140, diplomatic missions are considered to be residential use buildings.
  (b)A Streetscape Character Analysis must be approved on a lot, within the Mature Neighbourhood Overlay, prior to any development application approval, including building permit approval of a residential land use, or prior to a change in the incidental use of lands that impacts an attribute such that the attribute changes from being in one Character Group to being in another Group by virtue of the Character Group’s requirement, as detailed in Section 140. A Streetscape Character Analysis will also be required where approval of a Private Approach permit is required to establish a new, or relocate an existing, driveway that was not undertaken at the same time as development approval and building permit approval of the dwelling.
  (c)Despite clause (b), a Streetscape Character Analysis is not required:
   (i)If a lot is part of a Plan of Subdivision and faces a new public street on which there is no established streetscape, for any building permit issued within five years of subdivision registration; 
   (ii)If the area on which a dwelling is located fronts onto a private way within a Planned Unit Development; 
   (iii)For any part of an apartment dwelling, mid-rise or apartment dwelling, high-rise that is four storeys or 14.5 metres or less; 
   (iv)For an addition to an existing residential use building that does not abut the front yard or corner side yard, and,
   in such cases, the applicable zoning requirements are those of the underlying subzone.
  (d)For the purposes of clause (b), development application approval includes any zoning by-law amendment, minor variance approval, site plan control approval, or building permit approval; and development application approval applies to all of the following:
   (i)a new dwelling on a new lot
   (ii)a new dwelling on an existing lot
   (iii)a change in use from one type of residential use building to another permitted dwelling type,
   (iv)an addition to an existing residential use building that abuts the front yard or corner side yard, and
   (v)the incidental use of lands within front, interior side and corner side yards, including the creation of a new driveway or parking space. 
  (e)A Streetscape Character Analysis, once approved, is valid for a period of eighteen months from the date of approval.
Yard Setbacks for Yards Abutting Streets
 (3)The minimum required yard setback for a yard abutting a street must be:
  (a)In the case where there are residential use buildings on the lots abutting each side lot line of the affected lot, the setbacks for those yards that abut a street must align with the setbacks of abutting lots, such that 
   (i)on an interior lot, the average of the existing setbacks of the abutting lots on which the dwellings face the same street as the affected lot
   (ii)on a corner lot, the front yard setback of the abutting residential lot that faces the same street as the affected lot, or 
   (iii)on a corner lot, where more than one dwelling unit is proposed and where one or more units will face one frontage, while one or more units will face the other frontage, the existing front yard setback of each abutting residential lot whose principal entranceway faces the corresponding street frontage of the affected lot
   (iv)on an interior lot abutting a corner lot where the dwelling on the corner lot faces a different street, the front yard setback of the abutting residential lot that faces the same street as the affected lot
   but in no case does the yard abutting the street need to exceed a setback of 6 metres.
  (b)In the case of either a corner lot or an interior lot, where one or both of the abutting lots contains a non-residential use building or a mixed use building, the average of the existing setbacks of the buildings on the abutting lots, but in no case does the yard abutting the street need to exceed 6 metres.
  (c)In the case where there is a vacant lot abutting the affected lot, the setback for the yard abutting the street will be averaged based on the actual front yard setback of the closest building on the next adjacent lot, which must be no more than 30 metres from the affected lot’s closest side lot line.
  (d)In all other cases, the provisions of the underlying zone with respect to setbacks apply.
 

Zoning Provisions for Attributes that Define Streetscape Character

 (4)(a)The regulations affecting the following attributes are based on the dominant character as identified through a Streetscape Character Analysis in accordance with clause (2) (b):
   (i)Landscaping of the front yard, interior yard, interior side yard, and corner side yard
   (ii)location and width of driveways; 
   (iii)location and size of all parking spaces, garages and carports; and 
   (iv)orientation of principal entranceways.
  (b)Attribute patterns are grouped into Character Groups in Section 140. The dominant Character Group identified in a Streetscape Character Analysis, which may be comprised of more than one pattern within the same Character Group, establishes the requirement and creates the permissions for each of the attributes identified in clause (4) (a).
  (c)The Character Groups in each of the Tables in Section 140 include a specific requirement that must be met, prior to determining which type of pattern, identified in the Table rows, will be permitted in the case of any new development application approval as specified in subsection 139 (2) clause (d). One or more of the types of patterns may be found in the Streetscape Character Analysis, but  will only be permitted in the case of a development application approval as described in subsection 139 (2) clause (d), provided it meets the specific requirement of the dominant Character Group. 
 
Provisions for Streetscape Character Analysis
 (5)(a)A Streetscape Character Analysis must record, for the attributes listed in subsection 139 (4) clause (a), the patterns as set out in Section 140, as provided below. 
  (b)The attributes listed in subsection 139 (4) clause (a) must be recorded for 21 lots located on the same street as the affected lot, as follows: 
   (i)the ten lots nearest the affected lot abutting the same side of the street and located within the same block; 
   (ii)the lot immediately opposite and across the street from the affected lot, and 
   (iii)the ten lots nearest the lot specified in (ii) herein, located within the same block as the affected lot. 
  (c) Despite clause (b), where the affected lot is located on a block between two intersections where:
   (i)there are more than five but less than eleven lots on the same block and the same side of the street as the affected lot,  documenting every one of those lots is deemed to satisfy subclause (5) (b) (i); 
   (ii)there are more than five but less than eleven lots on the same block, but on the opposite side of the street as the affected lot, documenting every one of those lots is deemed to satisfy subclauses (5) (b) (ii) and (5) (b) (iii). 
  (d)Despite clauses (b) and (c), where the affected lot is located on a block between two intersections where: 
   (i)the total number of lots between the two intersections on either side of the lot is less than 21 but more than 11, documenting all the lots on the block on both sides of the street is deemed to satisfy clause 5(b); 
   (ii)the street on which the affected lot is located consists of only one block or is only developed on one side, documenting all the lots on the block on both sides of the street is deemed to satisfy clause 5(b). 
  (e)Despite clauses (b), (c) and (d), where the affected lot is located on a block between two intersections where: 
   (i)there are five or fewer lots on the same block and the same side of the street as the affected lot; and/or 
   (ii)there are five or fewer lots on the same block, but on the opposite side of the street as the affected lot; and 
   (iii)there are five or more lots located on either side of the same street beyond either intersection, 
   (iv)documenting 21 lots on both sides of the street within the same block as the affected lot and beyond either intersection is deemed to satisfy clause 5 (b). 
  (f)When documenting lots beyond either intersection from the block on which the affected lot is located, despite the requirement to document 21 lots in paragraph (iv) of clause (e) above, such documentation need not extend more than one block further on either side of each intersection. 
  (g)Despite clauses (b), (c), (d) (e) and (f), where: 
   (i)the street on which the affected lot is located terminates at the end of the block, but is at least one more block in length in the other direction; and 
   (ii)the next block has five or more lots on the same street; and
   (iii)there are fewer than 21 lots on the block on which the affected lot is located, 
   lots located beyond the said intersection must be included as part of the 21-lot analysis undertaken pursuant to subclauses 5 (b) (i) and (ii). 
  (h)Despite clauses (b), (c), (d), (e), (f) and (g), where the street on which the affected lot has fewer than five, or no other, lots facing it, the Streetscape Character Analysis must include up to 21 lots closest to the affected lot located within the same city block without crossing intersections but facing other streets, in the manner provided by Subsection 139 (5), clauses (b) through (g). 
  (i) Where a lot among the set of lots specified in clauses (b) to (h), as applicable,
   (i)is vacant; or 
   (ii)is developed with institutional, office or open space uses; 
    that lot must be documented in the Streetscape Character Analysis, but may not be counted towards the dominant character of the streetscape.
  (j)Where a lot among the set of lots specified in clauses (b) to (h), as applicable, has front yard parking whose legal status has not been established, that front yard parking must be recorded as hard landscaping for the purposes of documenting the incidental use of lands as required by subsection 139 (4) (a).  Where no front yard parking is proposed, there is no requirement to establish the legal status of any such space that may exist within the lots documented in a Streetscape Character Analysis.  
  (k)In the case of a corner lot, only where dwellings will be fronting on both streets as the affected lot, must the 21-lot analysis be undertaken along both streets, with the documenting of 21 lots fronting on the same street as the principal entranceway of the affected lot documented, and 11 lots fronting on the same street as the affected lot’s corner side lot line documented. Where there are fewer than the required number of lots to be documented herein, clauses (5) (c) through (i) above apply.  
 
Incidental use of Lands
 (6)The incidental use of lands of the front yard and corner side yard may only consist of a pattern identified within the dominant Character Group as described in Subsection 140 (1) and as confirmed in a Streetscape Character Analysis. 
 
Parking
 (7)Except in the case of an apartment dwelling, low-rise, stacked dwelling, apartment dwelling, mid-rise or apartment dwelling, high-rise with more than 12 dwelling units, no parking is required and sections 101, 107 and  subsections 109 (4) to (12) inclusively, do not apply.  (By-law 2016-249)
  (a)In the case of an apartment dwelling, low-rise, stacked dwelling, apartment dwelling, mid-rise or  apartment dwelling, high-rise with more than 12 dwelling units, the parking required is calculated based on the total number of dwelling units, excluding the first 12 dwelling units
 (8)Where parking is provided, it must be of a pattern that is listed within the Character Group in Subsection 140 (2) that has been confirmed as being the dominant Character Group, through a Streetscape Character Analysis, subject to the provisions of subsections 139 (9) through (14) below. 
 (9)Despite subsection 139 (8), where the lot abuts a rear lane: 
  (a)If the lane is a travelled lane, a provided parking space must not be located in a front yard, interior side yard, or corner side yard and must be accessed only by a driveway from the rear lane.  
  (b)If the lane is untravelled, any provided parking may be:  
   (i)accessed by a driveway from the rear lane, subject to the lane or a section thereof being reinstated as a travelled lane; or 
   (ii)provided in accordance with subsection 139 (8).
 
Driveways
 (10)(a)Where driveways are permitted, the maximum driveway width is:
For lot widths, or in the case of dwelling unit parcels that are not severed, for street frontage widths, ofMaximum width, shared drivewayMaximum width, single drivewayMaximum width, double driveway
Under 6 m3.0 mNot permittedNot permitted
Between 6 m and 7.49 m3.0 m2.4 mNot permitted
Between 7.5 m and 8.24 m3.0 m2.75 mNot permitted
Between 8.25 m and 14.99 m3.0 m3.0 mNot permitted
Between 15 m and 17.99 m3.0 m3.0 m5.5 m
18 m and more3.0 m3.0 m6.0 m
   (b)In the case of an apartment dwelling, low-rise, a stacked dwelling, an apartment dwelling, mid-rise or an apartment dwelling, high-rise, the maximum permitted width for a driveway that leads to:
    (i) less than 20 parking spaces: 3.6 metres
   (ii)  20 or more parking spaces: 6 metres.
  (11)A driveway may be shared by two or more dwellings or dwelling units on the same lot or on abutting lots.
  (12)A driveway loses its function as a vehicular access when it no longer provides access to a legal parking space, which is a parking space located outside of the front yard or corner side yard, and must be considered to be a front yard parking space.
     
Garages, Carports and Front Yard Parking
  (13)Despite Subsection 139 (8), no part of a garage or carport may be located closer to the front lot line than the front wall of the residential use building, nor closer to the corner lot line than the affected side wall of the residential use building.
  (14)Where permitted, the maximum width, of one or both doors of an attached garage, and the entrance of a carport is:
  (a)for a single attached garage or carport: 3 metres  
  (b)for a double attached garage or carport: 6 metres  
 (15) The following are prohibited unless they are determined to be the dominant pattern along the streetscape:
  (a)garages or carports that are set back the same distance from the front lot line as the front wall of the residential use building
  (b)legally-established front yard parking;  
  (c)front yard parking spaces created when a driveway no longer functions as an access to a legal parking space located outside the front yard or corner side yard.  
 
Pedestrian Access – Walkways
 (16)A walkway located in a front yard or corner side yard is permitted only:
  (a)where it provides access between a driveway and an entranceway to the dwelling, or 
  (b)where extending from the right-of-way back to the dwelling and it is not abutting the driveway, and
  (c)if it does not exceed 1.25 metres in depth, in the case of subsection (16) (a), or in width, in the case of subsection (16) (b). 
 (17)No person may park a motor vehicle on a walkway, or portion of a walkway.
 
Entranceways
 (18)Principal Entranceway(s):
  (a)must be of a pattern that is listed within the Character Group in Subsection 140 (3) that has been confirmed as being the dominant Character Group through a Streetscape Character Analysis.
  (b)In the case of detached dwellings, linked detached dwellings, and townhouse dwellings, clause (a) applies to each dwelling unit.
  (c)In the case of long semi-detached dwellings, clause (a) applies only to the principal entranceway to the dwelling unit closest to the street. 
  (d)In the case of semi-detached dwellings, duplex dwellings and three-unit dwellings, at least one principal entranceway must face the front lot line. 
  (e)In the case of stacked dwellings, subsection (18), clause (a) applies to each attached pair of dwelling units. 
 (18.1)The first floor of a dwelling or dwelling unit must contain at least 40 m2 of habitable floor space.
 
Long Semi-detached Dwellings
 (19)A long semi-detached dwelling is permitted in any zone where a semi-detached dwelling is permitted within the Mature Neighbourhood Overlay, in accordance with the following:
  (a)All provisions that apply to a semi-detached dwelling also apply to a long semi-detached dwelling, except that the minimum lot area required for a detached dwelling in the applicable zone or subzone applies to the whole of the long semi-detached dwelling including both dwelling units, and subsections 139 (20), (21) and (22) do not apply.
  (b)Despite clause (a), and any future severance, the lands on which a long semi-detached dwelling is located are considered one lot for zoning purposes, except that:
   (i)the minimum lot width must be 10 metres, and where a long semi-detached dwelling is severed in a flag lot configuration, the minimum lot width of the pole portion of the flag lot must be 1.5 metres, and must be measured a distance of 1.5 metres from the original lot’s interior side lot line.
 
Dwellings on Corner Lots
 (20)In the case of semi-detached dwellings or townhouse dwellings on a corner lot, where a principal entranceway of one of the dwelling units is located along one street frontage, and a principal entranceway of the other dwelling unit is located along the other street frontage, the development is to be treated as one lot for zoning purposes only insofar as:
  (a)determining the location of the front lot line, and for determining how to apply the minimum required lot width, and  
   (b)determining the location of the interior side yards and rear yards  
  (21)In the case of semi-detached dwellings or townhouse dwellings located on a corner lot, where one or more principal entranceways, as the case may be, is located on a separate street frontage, the requirements are as follows:
  (a) The minimum lot width required along the front lot line is 10 metres.  
  (b) The minimum required front yard setback and corner side yard setback is the existing front yard setback of each abutting residential lot whose principal entranceway is located along the corresponding street frontage of the affected lot; and clauses 3 (b), (c) or (d) apply as the case may be, where there is an abutting vacant lot, non-residentially-zoned lot or mixed use-zoned lot
  (c) Where the interior side yard abuts an interior side yard onthe abutting lot, it must be a minimum of 1.2 m  
  (d) Where the lot abutting the corner lot is vacant, the minimum required interior side yard setback on the corner lot is the minimum required for the use in the applicable zone
  (e)An interior yard must be provided, and created by extending a parallel line from the minimum required rear yard setback of the abutting lot, across the longest shared common lot line, into the affected lot for a distance from that shared lot line equal to 30% of the affected lot’s actual lot width, after which the rear yard may be reduced to 1.2 m.  
  (f)Where no interior yard is provided, the rear yard setback must be a minimum of 4 metres. 
 (22)In the case of a semi-detached dwelling or a townhouse dwelling on a corner lot, whether it is to be severed or not, and where all of the principal entranceways are facing the street with the longer frontage, the lot line abutting the longer frontage is considered to be the front lot line, and the yard abutting the longer frontage is considered to be the front yard, and all corresponding yards and regulations affecting yard setbacks are based on the location of the front yard, and the following applies:
  (a)The minimum front yard setback is per Section 139 (3) (a) (ii), Section 139 (3) (b), or Section 139 (3) (c), as the case may be,
  (b)No yard setback is required along the shared common wall between a pair of semi-detached dwelling units, a pair of long semi-detached dwelling units, nor along the shared walls between attached townhouse dwelling units and attached stacked dwelling units, 
  (c)The minimum interior side yard setback is 1.2 metres, and 
  (d)The minimum rear yard setback may be reduced to 4 metres where it provides access to permitted parking. 
   
Building Height and Existing Average Grade
 (23)Where this Section applies, building height must be measured using the existing average grade as determined under subsection 139(24).
 (24)

Existing average grade must be calculated prior to any site alteration and based on the average of grade elevations taken along both side lot lines at the minimum required front yard setback, and at the minimum required rear yard setback of the zone in which the lot is located.

image indicating the required rear yard setback and the required front yard setback for the subject lot

 
Area Specific Exemption
 (25)Sections 139 and 140 do not apply to:
  (a)a residential use building constructed after April 24, 2012 at 570, 572, 574, 576, 578 and 580 Athlone Avenue,
  (b)914 and 946 Colonel By Drive.

Front Yard Patterns, Parking Patterns and Entranceway Patterns (Section 140)

(OMB Order, File #PL120666, issued June 10, 2015) (By-law 2012-147)

140. (1)  The following incidental uses of the front yard are permitted, subject to the provisions of Subsections 139 (4) clauses (b) and (c) and 139 (6).
    (a) Front yard provisions are set out in Table 140 A, where each Character Group, listed in Columns I, II, III and IV, permits a number of compatible patterns, listed in the Table rows, which have been identified by an (?).
    (b) No type of pattern listed in the rows is permitted if it does not meet the dominant Character Group’s requirement.
    (c)  Patterns without an (?) are not permitted.

Table 140 A - Front Yard Patterns and Provisions

Condition

Column I
Character Group A

Column II
Character Group B
 

Column III
Character
Group C

Column IV
Character
Group D

Character Group Requirement

Fully landscaped front yard

Landscaped front yard in
front of the principal dwelling 

Landscaped
front yard in
front of a
portion of the principal dwelling

Small or no landscaped front yard

(i) Entire front yard, from side lot line to side lot line across the frontage, consists of soft landscaping, and may also contain a walkway

? ? ?
(ii) Entire front yard, from side lot line to side lot line across the frontage, consists of a mix of soft landscaping and hard landscaping, and may also contain a walkway.

?

? ?
(iii) The front yard consists of soft landscaping across the entirety of the front wall of the principal dwelling, except for a driveway, where a driveway is permitted, and may also contain a walkway  Not permitted

?

?
 (iv) The front yard consists of a mix of soft landscaping and hard landscaping across the entirety of the front wall of the principal dwelling, except for a driveway, where a driveway is permitted, and may also contain a walkway Not permitted

? ?
(v) The front yard consists of soft landscaping across the entirety of those parts of the front wall of the principal dwelling that do not contain a garage, or covers the entirety of the front yard not occupied by a legally-established front yard parking space, and may also contain  a walkway.  Not permitted

 Not permitted

?
 (vi) The front yard consists of a mix of soft landscaping and hard landscaping across the entirety of those parts of the front wall of the principal dwelling that do not contain a garage, or covers the entirety of the front yard not occupied by a legally-established front yard parking space, and may also contain a walkway Not permitted

Not permitted

?
(vii) A projection extends beyond the distance permitted by Section 65 of the Zoning By-law between the front lot line and the principal dwelling.  Not permitted  Not permitted  Not permitted ?
(viii) The principal dwelling extends to the front lot line.  Not permitted  Not permitted  Not permitted  ?

 

  (2) The following locations and sizes of driveways and of parking spaces are permitted, subject to the provisions of Subsection 139 (4), clauses (b) and (c) and Subsections 139 (7) through (15) inclusive.
    (a) Access and parking provisions are set out in Table 140 B, where each Character Group, listed in Columns I, II, III and IV, permits a number of compatible patterns, listed in the Table rows, which have been identified by an (?);
    (b) Driveway width is subject to Subsection 139 (10).  Where driveway widths are lesser or greater than those noted in Columns II through IV, Subsection 139 (10) prevails; and
    (c)  Patterns without an (?) are not permitted.

Table 140 B - Parking Access and Parking Space Patterns and Provisions

 

Condition

 

Column I
Character Group A

No Streetscape Impact from
On-Site Parking

Column II
Character Group B

Low Streetscape
Impact from
On-Site Parking

Column III
Character Group C

Medium Streetscape Impact from
On-Site Parking 

Column IV
Character Group D

High Streetscape Impact from On-Site Parking

Character Group Description
Where provided, location and size restrictions for driveway and parking spaces
(Note: Maximum driveway width subject to Subsection 139 (10)).
There are no driveways along lot lines abutting a street Driveways are less than or equal to one-third in width than the actual lot width   Driveways are more than one-third but no more than half of the actual lot width Driveways measure half or more of the actual lot width 
(i) No on-site parking ?

?

? ?
(ii) Surface parking or garage (single or double) off travelled rear lane ?

?

? ?
(iii) On a corner lot, a single driveway that provides access to parking located beyond the minimum required yard setback for the yard abutting the street, to interior side yard, or rear yard surface parking or garage (s) ?

?

? ?
(iv) Single driveway that provides access to rear yard surface parking or detached or attached garage. Not permitted

?

?
(v) Single driveway that provides access to interior side yard surface parking, garage or carport. Not permitted

? ?
(vi) A driveway that no longer leads to a legal parking space in a side yard or rear yard,  resulting in front yard parking that is not in front of any part of the principal dwelling Not permitted

Subject to subsection 139(15) 

(vii) Shared single driveway, that may pass under a carriageway and provides access to interior yard,  interior side yard, or rear yard surface parking, garage(s) or carport(s) Not permitted

?

?
(viii) Shared double driveway that may pass under a carriageway and provides access to rear yard surface parking, garage(s) or carport(s). Not permitted

Not permitted 

?
(ix) Single driveway to attached garage set back from front lot line further than principal dwelling. Not permitted

?

?
(x) Attached garage that is set back the same distance as the front wall of principal dwelling Not permitted

Subject to subsection 139(15) 

(xi) Legally-established front yard parking pad  Not permitted 

Subject to subsection 139(15)

  
(xii) Attached garage located closer to the front lot line than the principal dwelling accessed from a driveway Not permitted

Subject to subsection 139(15) 

(xiii) Double driveway to attached garage set back from front lot line further than principal dwelling Not permitted

Lots under 15 m in width: Not permitted
Lots 15 m and wider (Subject to 139(10)(a)) 

? ?

 

  (3) The following entranceway locations are permitted, subject to the provisions of Subsections 139 (4), clauses (b) and (c) and 139 (18).
    (a) Entranceway provisions are set out in Table 140 C, where each Character Group, listed in Columns I and II, permits compatible patterns, listed in the Table rows, which have been identified by an (?).
    (b) No type of pattern listed in the rows is permitted if it does not meet the dominant Character Group’s requirement.
    (c)  Patterns without an (?) are not permitted.

Table 140 C - Entranceway Patterns and Provisions

  Entranceway Patterns

Condition

Character Group Requirement

Column I
Character Group A

Principal entranceway  is located along the front wall of the dwelling

Column II
Character Group B

Principal entranceway is not located along the front wall of the dwelling

(i) The principal entranceway faces the front lot line. ? ?
(ii) The principal entranceway is part of a permitted projection located along the front wall of the dwelling, but does not face the front lot line.
(iii) The principal entranceway does not face the front lot line. Not permitted ?

 Transition

 

 

(4)

See Section 9 Transitions, “Phase l – Low-rise Infill Housing”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Residential Neighbourhood Commercial Suffix (Section 141)

Purpose of the Zone

The purpose of the Residential Neighbourhood Commercial suffix is to:
 (1)regulate development in a manner that is compatible with existing land use patterns so that the residential character of a neighbourhood is maintained or enhanced;
 (2)allow a variety of small, locally-oriented convenience and service uses that complement adjacent residential land uses, and are of a size and scale consistent with the needs of nearby residential areas;
 (3)provide conveniently located non-residential uses predominantly accessible to pedestrians, cyclists and transit users from the surrounding residential neighbourhood; and
 (4)impose development standards that will ensure that the size and scale of development are consistent with that of the surrounding residential area.
    
141.Where a lot is subject to the Residential Neighbourhood Commercial Suffix “-c”, then in addition to the regulations of the underlying zone, this section also applies. 
 (1)The following non-residential uses are permitted subject to subsections (3) through (9) inclusive:
  

artist studio
convenience store
instructional facility
medical facility
personal service business
restaurant
retail food store
retail store

 (2)A restaurant use must:  
  (a)be ancillary to and located in the same building as another permitted non-residential use; and,
  (b)not have any associated seating area within the building exceed 15 square metres;
 (3)Despite subsections (1) and (2), only the following non-residential uses are permitted within a residential use building containing a semi-detached or townhouse dwelling:
  

artist studio
instructional facility
medical facility
personal service business, limited to a hair styling salon or barber shop
retail food store
retail store

 (4)A permitted non-residential use may only be located on the ground floor, basement, or both of a residential use building; 
 (5)Despite the definition of residential use building, a non-residential use is permitted within a residential use building, and where a non-residential use is included within a residential use building, the type of dwelling applicable to the building shall be determined based on the number of and configuration of the dwelling units; 
 (6)The cumulative total of all non-residential uses in a building must not exceed a gross floor area of 100 square metres, except in the case of a semi-detached or townhouse dwelling, where the maximum of 100 square metres applies to each principal dwelling unit; 
 (7)Despite section 101, no parking spaces are permitted in association with a non-residential use, however motor vehicles may be parked in a driveway leading to a parking space associated with the dwelling; 
 (8)Section 85 does not apply, and an outdoor commercial patio is permitted subject to the following: 
  (a)it is located on a corner lot;
  (b)it is located in the front yard, corner side yard, or both and is completely visible and accessible from a public street;
  (c)it does not exceed an area of 10 square metres; and,
  (d)it does not exceed an elevation higher than the existing average grade, unless located on a platform with a walking surface no higher than 0.3 metres above grade;
 (9)Storage and refuse collection must be completed enclosed within a building; and, 
 (10)a building accessory to a non-residential use must be located in the rear, interior, or interior side yard.  (By-law 2015-197)

Coach Houses (Section 142)

(1) A coach house is permitted on any lot also containing a detached, semi-detached, linked detached, duplex or townhouse dwelling, where that dwelling type is a listed permitted use, subject to subsections (2) through (14).  
(2) The coach house may not be severed from the lot containing the principal dwelling.  
(3) No more than one coach house is permitted on a lot.  
(4) A coach house must be located:  
  (a) in the rear yard, or    
  (b) in the case of a lot with frontage on both a street and a travelled public lane, in the yard adjacent to the travelled public lane.  
(5) Despite (1), a coach house is not permitted:    
  (a) where the lot contains a garden suite, secondary dwelling unit, or one or more rooming units;    
  (b) within the area shown as Area A on Schedule 363;
  (c) on a lot that is:
    (i) less than 0.8 hectares in area;
    (ii) located within Area D on Schedule 1; and
    (iii) not serviced by both a public or communal water system and public or communal wastewater system; or,
(6) A coach house must be serviced:
  (a) Within Areas A, B and C on Schedule 1, from the principal dwelling, and the principal dwelling must be serviced by a public or communal water and waste water system;    
  (b) Within Area D on Schedule 1,    
    (i) from at least one of either the existing well or septic system, or    
    (ii) from the principal dwelling serviced by a private septic system, private well, communal water system or communal waste water system.  
(7) The maximum permitted height of a building containing a coach house:    
  (a) in the AG, EP, ME, MR, RC, RG, RH, RI, RR, RU, V1, V2, V3 and VM Zones, is the lesser of:    
    (i) the height of the principal dwelling; or
    (ii) 4.5 metres.
    (iii) despite (ii), where the living area of the coach house is entirely located on the second storey above a detached garage, the coach house may have a maximum height of 6.1 metres.
  (b) in any other zone, is the lesser of:
    (i) the height of the principal dwelling; or
    (ii) 3.6 metres, with the height of the exterior walls not to exceed 3.2 metres;
  (c) section 64 (Permitted Projections Above the Height Limit) does not apply to a building containing a coach house, except with respect to:
    (i) chimneys
    (ii) flagpoles
    (iii) ornamental domes, skylights or cupolas, provided that the cumulative horizontal area occupied by such features does not exceed 20% of the footprint of the coach house.
(8) Required setbacks from lot lines for a coach house are as follows:
  (a) from the front lot line, the minimum setback must be equal to or greater than the minimum required front yard setback for the principal dwelling.    
  (b) from the corner side lot line, the minimum setback must be equal to or greater than the minimum required corner side yard setback for the principal dwelling.
  (c) from the interior side lot line,
    (i) where the interior side lot line abuts a travelled lane or where no entrance or window faces the interior side lot line, the maximum permitted setback is 1 metre
    (ii) in all other cases, the minimum required setback is 4 metres
  (d) from the rear lot line,
    (i) where the rear lot line abuts a travelled lane or where no entrance or window faces the rear lot line, the maximum permitted setback is 1 metre
    (ii) in all other cases, the minimum required setback is 4 metres.
(9) The footprint of a building containing a coach house may not exceed the lesser of:
  (a)

40% of the footprint of the principal dwelling, or where the principal dwelling has a footprint of 125 square metres or less, 50 square metres;

  (b) 40% of the area of the yard in which it is located; or
  (c) 80 square metres in Area A, B and C on Schedule 1, or 95 square metres in Area D on Schedule 1.
(10) The total footprint of a building containing a coach house plus all accessory buildings and structures in a yard may not exceed:
  (a) in the AG, EP, ME, MR, RC, RG, RH, RI, RR and RU Zones, 5% of the area of the yard in which they are located, or
  (b) in any other zone, 50% of the area of the yard in which they are located.
(11) A walkway must be provided from a driveway, public street or travelled lane to the coach house, and such walkway:
  (a) must be at least 1.2 metres in width;
  (b) must not exceed 1.5 metres in width;
  (c) no person may park a vehicle on any part of a walkway under this subsection, other than that part of the walkway that encroaches on a permitted driveway.
(12) No new driveway may be created in association with a coach house.
(13) A vehicle associated with a coach house may be parked in tandem in the driveway of the principal dwelling.
(14) The roof of a building containing a coach house:
  (a) may not contain any rooftop garden, patio, terrace or other amenity area;    
  (b) despite (a), may contain a vegetative green roof provided it is not designed or equipped for use as an amenity area.
(15) Where located entirely in the rear yard, all or part of an accessory building existing as of September 14, 2015 may be altered to contain a coach house in accordance with the following:
  (a) the building envelope may be enlarged in accordance with this subsection, and subsections 7(a), 7(b) and (8) do not apply except as set out in this subsection;
  (b) the building including any enlargement must continue to be located entirely within the rear yard;
  (c) no part of the building that is not located within the building envelope of the original accessory building as it existed on September 14, 2015, may exceed the applicable maximum permitted building height in subsection (7.);
  (d) no window or entrance is permitted on any wall facing and within 4 metres of a lot line.
(16) Where not located entirely in the rear yard, all or part of an accessory building existing as of September 14, 2015 may be altered to contain a coach house in accordance with the following:
  (a) the building may not be enlarged beyond the building envelope of the accessory building as it existed on September 14, 2015;
  (b) subsections 4, 7(a), 7(b), and (8) do not apply except as set out in this subsection; and
  (c) no window or entrance is permitted on any wall facing and within 4 metres of a lot line.
(17) Despite subsection (9), where an accessory building existing as of September 14, 2015 exceeds the permissible footprint in subsection (9), all or part of the accessory building may be altered to contain a coach house in accordance with subsections (15) or (16) provided that:
  (a) after the addition of the coach house, the building envelope has not been enlarged beyond the envelope existing on September 14, 2015; and
  (b) the gross floor area of the coach house does not exceed 80 square metres, if located within Areas A, B or C on Schedule 1, or 95 square metres in Area D on Schedule 1.  (By-law 2016-356)