Exceptions 1501-1600

• animal care establishment
• animal hospital
• day care
• recreational and athletic facility
• personal brewing facility
• restaurant, fast food
• restaurant, take out
• service and repair shop

• community center
• laboratory, that does not manufacture medicines
• place of worship
• research and development center
• training center

• animal care establishment
• animal hospital
• bank
• bank machine
• personal brewing facility
• restaurant
• retail food store
• retail store
• service and repair shop

• minimum front yard setback abutting a residential zone is 1.5 m
• minimum easterly side yard setback abutting a residential zone is 5 m
• minimum rear yard setback abutting a residential zone is 0 m
• minimum with of landscaped area fro a yard abutting a street is 1.5 m
• minimum width of landscaped area for a yard which does not abut a street is 0 m, and in the case of the westerly side yard, it is 0 m, where a minimum 1.4 m high opaque screen is provided
• the Part IV regulations do not apply to the existing residential building
• the parking asile is reduced to 6.3 m
• four tandem parking spaces are permitted in the easterly side yard and these spaces may be reduced in width to 2.4 m

• automobile service station

• all uses in Column IV (Land Uses Prohibited) of exception [1501]

• animal hospital
• animal care establishment
• medical facility
• retail food store
• retail store

• artist studio

• automobile service station
• drive through facility

• automobile service station
• gas bar
• parking garage
• parking lot

• all uses in Column IV (Land Uses Prohibited) of exception [1501], except service and repair shop

• automobile service station limited to the southeast corner of Iris/Cobden
• gas bar use permitted if located east of Cobden Road, between Elmira and Iris
• retail store may not exceed 75m² of gross floor area

• apartment dwelling, mid rise
• apartment dwelling, high rise- dwelling unit

• maximum height of a building not containing residential uses as shown on Schedule 123
• dwelling unit is permitted in a mixed use building only if the building is five storeys or greater in height
• floor space index attributable to the non-residential use portion of a mixed-use building shall not exceed 2.0
• provisions limiting floor space index do not apply to an apartment dwelling, mid rise and apartment dwelling, high rise
• only residential units are permitted above the fifth floor of a mixed-use building
• at least 40% of Areas A, B and C on Schedule 123 must be landscaped area
• the provisions of clauses 206(11)(h) and (i) do not apply for a dwelling unit and for an apartment dwelling, mid rise, apartment dwelling, high rise
• the minimum required parking aisle for a residential building is 6.0 metres
• the minimum front yard setback for a residential building is 4.5 metres
• the minimum width of a landscape area abutting the westerly property line is 2.8 metres

• day care
• broadcasting studio
• production studio

• drive through facility
• dwelling units
• restaurant
• retail store

• automobile service station

• car wash
• recreational and athletic facility
• restaurant, fast food

• 6 m landscaped open space required abutting the rear yard and interior side lot line

• recreational and athletic facility
• restaurant, fast food

• maximum gross leasable floor area is 2,312 m²
• maximum required setback between a parking lot and a street property line is 3 m
• maximum front yard and corner side yard setback is 1 m

OMB Decision 2652 issued Sept. 21, 2006

• artist studio
• drive through facility
• personal brewing facility
• recreational and athletic facility
• restaurant
• retail food store

• retail store limited to an equestrian supply establishment

• amusement center
• automobile service station if associated with retail store
• cinema
• theatre

• recreational and athletic facility
• restaurant, fast food

• instructional facility

all uses except

• bank
• medical facility
• office

• minimum lot frontage: 6 m
• minimum front and corner side yard setback: 6 m
• minimum interior side and rear yard: 3 m

• park
• place of assembly
• place of worship

• animal care establishment
• animal hospital

• automobile service station
• car wash
• gas bar
• fast-food restaurant

• minimum setback for a car wash from a residential zone: 30 m
• minimum required width of soft landscaped area abutting a residential zone: 15 m
• minimum width of landscaped area abutting a street: 5 m
• minimum width of landscaped buffer between a parking lot and lot line not abutting a street: 5 m

• for the purpose of this exception, “integral development” means two or more buildings that are developed under a single site plan agreement, and that are physically and functionally linked to enable unrestricted internal pedestrian movement within an environmentally controlled common ground floor space;

1. dwelling units are permitted anywhere in the MC14[1520] zone provided they are:
   1. co-located above a ground floor that is devoted primarily to permitted commercial uses, or
   2. immediately adjacent to permitted commercial uses where both the dwelling units and commercial uses form the whole, or part, of an integral development and where the floor area devoted to commercial use is equal to or greater than the total ground floor area of the integral development
2. where dwelling units are located above or adjacent to permitted commercial uses in accordance with subclause 1. above, the ground floor of the integral development that abuts a public street or streets, must be primarily devoted to street-oriented commercial uses that address and are accessible from such street(s);
3. a maximum of 200 dwelling units are permitted

• drive through facility
• restaurant, full service

• artist studio
• drive through facility
• recreational and athletic facility

• place of assembly

• animal care establishment
• automobile dealership
• automobile rental establishment
• automobile service station
• car wash
• convenience store
• gas bar
• instructional facility
• personal service business
• restaurant

• restaurant, fast food

• until the holding symbol is removed, no new buildings or structures may be erected, enlarged, extended or reconstructed, except for buildings accessory to any existing residential use
• no industrial use is permitted on these lands which:

1. requires the use of water in any processing operation, or
2. has by-product waterborne wastes requiring municipal waste treatment.

• hotel

• hotel

• despite Section 54, restaurant, full-service means a restaurant that sells, serves and prepares on-site food and beverages to patrons seated at tables, for consumption on the premises.

• storage yard limited to a landscaping business

• the –h symbol will not be removed until such time as:

1. it can be demonstrated that lands can be serviced for all municipal services, including roads, water, and sanitary and storm sewers.
2. a Community Design Plan for the Mixed Use Centre is approved.

• despite Section 163, only a retirement home is permitted in Area A on Schedule 331
• a maximum of 85 dwelling units is permitted in Area B on Schedule 331

• instructional facility

• retail store involved in the retailing of automobile parts and accessories limited to 25% of lot area and must not abut Hwy 417 or Silver Seven Rd.
• an accessory display and sales to a warehouse, of a minimum size of 1,858 m² and a maximum size of 4,999 m² of gross floor area, is not permitted until the ‘h’ symbol is removed by City Council following:

1. a traffic study that identifies the roadway/intersection modifications required to support the scale of development proposed;
2. a market study that demonstrates that the planned function of the Kanata Regional Shopping Centre in the Kanata Town Centre will not be undermined, such study to be required until the Kanata Regional Shopping Centre achieves 50,000 m² of gross floor area;
3. a complete Site Plan Application under Section 41 of the Planning Act; and
4. any other information required by the municipality.

• subsections (1) and (2) of Section 58 do not apply

• convenience store

• a convenience store is permitted at this location provided that it does not exceed 75 square metres in gross floor area; is located on the ground floor or in the basement of an “apartment building”; and that there is no more than one convenience store on a lot

• community centre limited to a seniors club
• instructional facility
• medical facility
• office

• All permitted uses within Column III (Additional Land Uses Permitted) are only permitted in the existing building as it existed on Novvember 23, 2016.

• automobile service station
• automobile dealership

• automobile service station
• automobile dealership
• car wash
• retail store limited to automotive parts and accessories

• uses listed in Column III (Additional Land Uses Permitted) are limited to a maximum gross floor area of 610 m²

• automobile dealership

• animal care establishment
• artist studio
• automobile service station
• automobile dealership
• instructional facility
• personal service business
• recreation and athletic facility

• automobile service station

• minimum lot area: 1,275m²
• minimum lot width: 48 m

• automobile service station
• car wash
• convenience store

• convenience store to be ancillary and limited to 70m² of gross floor area

• animal care establishment
• animal hospital
• convenience store
• instructional facility
• restaurant, full service
• restaurant, take-out

• minimum lot area is 2,000 m²
• minimum lot width is 15 m
• minimum corner side yard, interior side yard and rear yard setback is 6 m

• warehouse

• restaurant, full service
• retail business limited to a pharmacy

• offices are limited to a maximum of 12,500 m²

• bar
• restaurant, full service
• restaurant, take out

• golf course

• minimum floor space index: 0.2

• artist studio
• personal service business
• restaurant, full service
• restaurant, take out
• retail store

• the uses listed in Column III (Additional Land Uses Permitted), are permitted provided the combined gross floor area of these uses plus a medical facility does not exceed 2,325 square metres

• restaurant, full service

• front, side, corner side, and rear yard definitions of this by-law do not apply
• yards abutting Blasdell Road are deemed to be the front yard
• yards abutting Mart Circle, Alvin Road, London Terrace, the Rockcliffe Airport lands and Lot 2 on Plan 533 are deemed to be the corner side yards
• yards abutting those properties fronting on St. Laurent Boulevard are deemed to be a rear yard
• parking spaces are permitted in the required corner side yard
• a parking lot is permitted within 0.6 m of a lot line adjacent to a public street
• minimum driveway width is 5.6 m
• minimum separation distance between a parking lot and leisure zone is 2 m
• no landscaped area is required between a parking lot and a public street

• maximum front yard setback: 5 m
• maximum corner side yard setback: 5 m

• minimum density for an apartment dwelling, low rise or an apartment dwelling, mid rise and apartment dwelling, high rise is 89 units per hectare

• one parking space is required for a commercial building having a maximum gross floor area of 145 square metres
• the minimum driveway width is 3.0 metres
• Table 197 does not apply and the zone regulations as they relate to the existing building therein are replaced with what existed on the lot on June 13, 2007
• this site is considered one lot for zoning purposes
• subsection 85 (3) and section 31 do not apply, and an outdoor commercial patio is permitted along Bronson Avenue

• place of worship

all uses in subsection 203(2) except:

• restaurant, take out
• recreational and athletic facility

• a place of worship is subject to 203(2)(g) or 205(2)(g), as applicable.

all uses in subsection 199(2) except:

• automobile service station
• restaurant, take out
• recreational and athletic facility

• day care

• medical facility
• office
• dwelling unit

• five parking spaces are required for the combined gross floor area of a medical facility and an office totalling approximately 178m²
• one of the required parking spaces for the medical facility and office may be provided in tandem, and in this case direct and unobstructed access to a public street is not required

1. no person may park a passenger vehicle in a rear yard, unless such parking is in a legally provided garage with direct access from a public street to the garage;
2. front yard parking is permitted on a lot with an interior side yard of less than three metres that is not capable of being developed as a parking space, and which is developed with a detached dwelling, semi-detached dwelling or a linked detached dwelling, with no garage or carport, subject to the following:
   1. in the case of a detached dwelling a maximum of one parking space is permitted;
   2. in the case of a semi-detached dwelling or a linked detached dwelling a maximum of one parking space is permitted for each half of the dwelling;
3. Paragraph 2. prohibits, whether before, during or after the creation of a front yard parking space, the creation of any new addition or structure within the interior side yard which would result in the removal of any land area which would have been available for parking purposes.
4. a maximum of two front yard parking spaces are permitted in the case of a duplex dwelling, with or without a secondary dwelling unit.

all uses in subsection 205(1) except:

• day care
• hotel
• light industrial uses
• medical office
• office
• place of assembly

all
uses in subsection 205(2) except:

• bank
• bank machine
• instructional facility
• personal service business
• recreational and athletic facility
• restaurant, full service
• restaurant, take out

• no vehicular access from Prince of Wales Drive
• as part of development requirements for the site, a berm of sufficient height required along Prince of Wales Drive to affect visual screening of such uses from lands zoned for residential uses on east side of Prince of Wales Drive

• place of worship

the uses listed in Section 203 (2) do not apply, and only the following uses are permitted, subject to Section 203 (2) (a), (b), (c) and (d):

• amusement centre
• personal service business
• recreational and athletic facility
• restaurant

• a place of worship is subject to 203(2)(g) or 205(2)(g), as applicable.

• all uses except for a rapid transit network

• minimum front yard setback is 0 m
• a buffer strip with a minimum width of 10 m is required along the full length of a lot line adjacent to a residential zone

• despite section 186 (7)(h), a landscape buffer is not required along the westerly side lot line located adjacent to the relocated Hazeldean Creek corridor
• 613 Hazeldean Road and 5585 Hazeldean Road are considered one lot for zoning purposes
• Despite clause 110(1)(a) and Table 110 a minimum 2.5 metre wide landscaped buffer is required between a parking lot and an interior side lot line.

• where a lot encompasses lands which are zoned Flood Fringe (-f) such lands may be used to the extent permitted by the zone provisions, provided that:

1. the provisions set out in the next point are satisfied; and
2. approval of development on the subject lands by the relevant Conservation Authority is secured.

• 613 Hazeldean Road and 5585 Hazeldean Road are considered one lot for zoning purposes

• Paragraphs 199 (2) (b) and (c) do not apply in the case of a recreational and athletic facility or a park

• townhouse dwelling

All uses other than:

• apartment dwelling, low rise
• daycare
• group home
• medical facility or office within a stacked dwelling
• park
• residential care facility
• retirement home
• stacked dwelling
• all uses until such time as the holding symbol is removed

• minimum front, interior side and corner side yard setbacks and distance between principal buildings- 3 m.
• minimum rear yard setback: 7.5 m.
• maximum height: 4 storeys
• minimum density: 60 units per hectare
• maximum lot coverage: 40%
• required parking rate may be reduced by 25% when a lot containing a permitted use is located within 600 m. of a rapid transit station
• parking not permitted within a front or corner side yard
• employment targets and community design guidelines provided in Mer Bleue Community Design Plan
• provisions for townhouse dwellings

1. density: 40 units per hectare
2. minimum interior side yard setback: 1.5 m
3. minimum front yard setback: 6.0 m
4. maximum lot coverage: 50%

• despite the prohibition on parking in a front or corner side yard the provisions of Section 109 (3) and (4) apply for townhouse dwellings.
• the holding symbol can only be removed at such time as it can be demonstrated that the site can be serviced and that a safe and acceptable access to the site for development purposes can be provided.

All uses other than:

• amusement centre limited to a billiard establishment
• apartment dwelling, low rise
• apartment dwelling mid rise
• apartment dwelling, high rise
• bank
• cinema
• community center
• convenience store
• day care
• group home
• hotel
• library
• medical facility
• office
• park
• personal service business
• place of assembly limited to a club
• place of worship
• recreational and athletic facility
• restaurant
• retail food store limited to a bakery or a farmer’s market
• theatre
• all uses until such time as the holding symbol is removed

• maximum front yard setback for non-residential use buildings- 3 m. (may be increased to 5 m. to accommodate pedestrian area with seating)
• maximum building height- 10 storeys
• minimum lot coverage: 50%
• minimum density for apartment dwelling, low rise or apartment dwelling mid rise: 80 units per hectare
• 4 metre wide landscaped buffer is required adjacent to a residential zone;
• 3 metre wide landscaped buffer is required between surface parking and the transit corridor.
• 80% of the area of the first floor and 50% of the area of the upper floors of any building façade facing a street must consist of glazing;
• all garbage, service and loading areas must be screened by a 2.4 metre high wall or enclosure which is in keeping with the architectural treatment of the main building.
• storage must be completely enclosed within a building
• loading facilities are not permitted in a yard abutting a residential zone
• in a parking area, a maximum of 20 parking spaces positioned side by side without a landscaped island are permitted
• the minimum required width of a landscaped island is 2 metres
• the maximum required surface parking rate for office use is 3.7 spaces for every 100m² of gross floor area
• the minimum required surface-parking rate for retail stores is 3.45 spaces for every 100m² of gross floor area and the maximum rate is 3.85 spaces for every 100m²
• the required parking rate may be reduced by 25%
• parking is not permitted in a front yard or corner side yard;
• employment targets and community design guidelines provided in the Mer Bleue Community Design Plan apply
• the holding symbol can only be removed at such time as it can be demonstrated that the site can be serviced and that a safe and acceptable access to the site for development purposes can be provided.

• hotel

• a hotel is not permitted until the “h” symbol is lifted

• detached dwelling

• a detached dwelling is subject to the provisions of the R1HH zone

• where part of a building exceeds 12 metres in height, that part of the building must be located a minimum of 15 metres from a lot line, this provision does not apply to that portion of this zone that is west of McRae Avenue
• loading spaces are permitted in a yard abutting any street other than Wilbur Avenue

• detached dwelling

• agricultural use

• where a parking lot abuts Hazeldean Road or Irwin Gate, a landscaped buffer, with a minimum width of 4.5 metres, must be provided along the lot line abutting that street

• the “h” symbol may be removed upon proof to the satisfaction of the City of full services to the subject lands and the submission of a comprehensive development plan that includes all lands zoned LC[1579]-h

• the lands are partially located in the flood fringe, which is defined as lands at a ground level elevation of 95.2 metres or less, and all permitted uses must be flood proofed in accordance with the following provisions:

1. any dwelling unit and related major building services, such as mechanical or electrical services, must be located at least 0.3 metres above the regulatory flood level;
2. all residential uses must be flood proofed to 0.3 metres above the regulatory flood level

• 3 parking spaces must be provided, each with a minimum width of 2.7 metres

• drive-through facility

• subsections 189(1)(b) and (c) do not apply

• recreational and athletic facility

• duplex dwelling
• three unit dwelling

• minimum lot area: 260 m²
• minimum lot width: 9 m
• minimum front yard setback to garage: 4.5 m
• minimum rear yard setback abutting Goulbourn Forced Road: 9 m
• maximum lot coverage:

1. for single storey dwelling: 55%
2. for 2 or more storey dwelling: 50%

• minimum parking space size: 2.6 m by 5.5 m

• detached dwelling
• semi-detached dwelling, except when a curve in the road makes the location of a townhouse dwelling difficult

• minimum lot area: 180 m²
• minimum lot width: 6 m
• minimum front yard setback to garage: 4.5 m
• minimum yard setback for any yard abutting Goulbourn Forced Road: 9 m
• maximum coverage:

1. single storey dwelling: 55%
2. two or more storey dwelling: 50%

• minimum parking space size: 2.6 m by 5.5 m

• artist studio
• office
• retail store

• a retail store is limited to the sale of arts, crafts and home décor items
• minimum front yard setback: 2 m
• where a building is occupied exclusively by an artist studio, office, and or a retail store the following provisions apply:

1. subclause 107(1)(a)(ii) does not apply and the minimum width for a double traffic lane is 4.5 m
2. minimum landscaped buffer along entire easterly interior side yard: 0.9 m
3. minimum landscaped buffer along entire rear yard: 3 m
4. minimum landscaped buffer along entire westerly interior side yard: 3 m
5. the perimeter of the parking lot where it abuts a residential zone on the east side of the property must be screened from view by an opaque screen with a minimum height of 1.5 metres
6. an opaque screen is not required adjacent to the driveway

• gross floor area of office use cannot exceed 114 square metres

• parking lot

• school

• non-residential uses are only permitted on the ground floor and the total cumulative gross floor area of all non-residential uses cannot exceed 214 m²
• minimum front yard setback: 0.4m
• minimum number of required parking for a retail store: 0
• minimum number of required visitor parking spaces: 4
• Notwithstanding clause 106(1)(b), 1 of the parking spaces below grade may have a minimum required length of 4.2m
• Notwithstanding clause 107(1)(c) and Table 107(d), the minimum required aisle width may be reduced to:

1. 5.8 metres for a combined distance of 40 metres, which may be broken up into separate lengths throughout the parking garage,
2. 4.7 metres where abutting the most westerly facing exterior wall of the elevator lobby, and
3. 5.5 metres along ramps providing access between all levels of the parking garage.

• Notwithstanding subsection 106(4),where a parking space is located abutting or near a wall, column or other similar surface that obstructs the opening of the doors of a parked vehicle or limits access to a parking space, the minimum required width of 6 such parking spaces may be 2.4 metres
• minimum width of a landscaped area abutting a street: 0.4 m
• maximum permitted building height: as set out in Schedule 245
• minimum number of required parking spaces for non-residential uses: 0

• all uses set out in Section 169, with the exception of “day care” and “school” uses

• temporary parking lot

• the parking lot is permitted for the temporary period commencing December 10, 2008 and expiring December 9, 2011

• despite Table 110, the minimum required width of a landscape buffer:

1. adjacent to the westerly lot line is 2.8 metres; and
2. adjacent to the rear lot line is 0.5 metres

• notwithstanding subsection 100(1), any parking space located on 2920 Findlay Creek Drive may be shared with the school uses in the abutting 1IE zones.

• funeral home

• automobile service station
• gas bar
• parking lot

• restaurant
• retail food store
• retail store
• place of assembly
• apartment building, mid rise
• apartment dwelling, high rise

• A parking lot is permitted on a temporary basis, subject to the following:

1. the applicant will submit an application for Site Plan Control on or before 31 December 2009;
2. the parking lot will be permitted for three (3) years from the date of Site Plan Approval;
3. despite anything to the contrary in By-law No. 2008-250, no landscape buffers are required.

• maximum distance the front wall of a private garage may extend beyond the building front wall, sidewall, covered porch or veranda is 2.7m closer to the street lot line
• For townhouse dwelling buildings in a PUD:

1. minimum setback from a rear lot line to a building sidewall: 1.2m
2. minimum setback from an interior side lot line to a building sidewall: 1.2m

• minimum driveway and aisle width: 6.5m
• maximum permitted height above finished grade of steps projecting into any required yard: 1.8m
• minimum permitted distance between a permitted projection and a lot line: 1.0m
• maximum building height: 13.0m
• For stacked dwelling buildings in a PUD:

1. minimum setback from a rear lot line to a building sidewall: 2.5m
2. minimum setback from an interior side lot line to a building sidewall: 2.5m

• community centre
• community health and resource centre
• day care
• library
• museum
• theatre, limited to a concert hall
• personal service business limited to barber shop, beauty parlour or dry cleaners distribution station
• parking garage
• retail food store
• retail store limited to a drug store, florist shop, newsstand
• full service restaurant
• take-out restaurant

• personal service business limited to barber shop, beauty parlour or dry cleaners distribution station, retail store limited to a drug store, florist shop, newsstand, retail food store, full service restaurant and take-out restaurant are restricted to the ground floor or basement of an apartment dwelling, mid-high rise or an apartment dwelling, low rise
• other uses listed in Column III (Additional Land Uses Permitted) are restricted to the basement, ground floor or second floor of an apartment dwelling, mid-high rise or an apartment dwelling, low rise
• the minimum rear yard setback is 0.0 metres;
• no vehicular access or loading from Metcalfe Street is permitted;
• a minimum of 425 square metres of open space abutting Metcalfe Street must be provided within 0.5 metres of the grade at the street line, which open space may include a required landscaped area;
• that portion of a building located in Area A on Schedule 242 and taller than 7 storeys in height must be separated by a minimum of 15 metres from that portion of a building located in Area B of Schedule 242 and taller than 7 storeys in height;
• the maximum permitted building heights are as shown on Schedule 242
• minimum corner side yard setback along Lisgar Street: 0 metres
• minimum corner side yard setback along Nepean Street: 2.5 metres
• clause 113(5)(b) does not apply and an aisle accessing a loading space is not required
• despite clause 107(1)(c) the minimum required aisle width is: 6.5 metres
• a principal use parking garage is only permitted on the upper two floors of the parking garage and may not exceed 140 spaces
• a minimum of 36 visitor parking spaces are permitted