Exceptions 2001-2100

• any use that legally existed on November 14, 2012

The following provisions apply to:

• a use that legally existed as of November 14, 2012, or
• any expansion of the building and any new building for that use in a. above, or
• any new use within a building existing as of November 14, 2012, or
• any developments for which site plan approval has been granted prior to November 14, 2012,
• development that does not exceed either of:

1. a 15 metre maximum building height,
2. a maximum f.s.i. of 1.1
   1. 195(3)(a), 195(4)(c)(iii), 195(4)(d)(iv), 195(4)(e)(iv), 195(4)(g)(ii), 195(9), 195(6), 195(7), 195(8), 195(13), 196, 195(10) do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply.

• any use that legally existed on November 14, 2012
• automobile service station
• gas bar

The following provisions apply to:

• a use that legally existed as of November 14, 2012, or
• any expansion of the building and any new building for that use in a. above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of November 14, 2012, or
• any developments for which site plan approval has been granted prior to November 14, 2012,
• development that does not exceed either of:

1. a 48 metre maximum building height,
2. a maximum f.s.i. of 2.0:
   1. 195(3)(a), 195(4)(c)(iii), 195(4)(d)(iv), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(9), 195(6), 195(7), 195(8), 196,195(10) do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply.

• maximum permitted heights and number of storeys are as per Schedule 296
• Schedule 296 does not apply to accessory buildings or structures, which continue to be regulated by Section 55
• the lot line abutting Bronson Avenue is deemed the front lot line
• the minimum interior side yard setback where it abuts a residential zone is 3 metres
• the minimum required residential parking spaces rate is 0.1 per dwelling unit
• the minimum required visitor parking space rate is 0.12 per dwelling unit
• a minimum of 50 per cent of the visitor parking spaces must be provided at grade
• the minimum required bicycle parking space rate is 1.0 per dwelling unit
• where a parking space is abutting a column on both sides, it may have a minimum width of 2.25 metres-the minimum width for a visitor parking space is 2.4 metres
• the minimum width of a driveway providing access to a parking lot or parking garage is 6.0 metres
• the maximum floor space index is 3.0

• the maximum permitted number of dwelling units is 95 for the lot.
• maximum lot coverage: 35%
• minimum front yard setback: 14 metres, except where the building height is greater than six storeys the building, at or below the 6th storey, must be setback a minimum of 3 metres more than the storeys below from the front lot line
• minimum corner side yard setback: 12 metres
• minimum interior side yard setback: 4.0 metres
• minimum rear yard setback: 11 metres, except where the building height is greater than six storeys then the building , at or below the 6th storey, must be setback a minimum of 3 metres more than the storeys below from the rear lot line
• building heights as per Schedule 297
• parking space rate: 1.0 space per dwelling unit
• visitor parking space rate: 0.1 spaces per dwelling unit

• supervised occasional overnight accommodation

• a supervised occasional overnight accommodation of up to six beds or cots for guests, excluding those for supervisors, is permitted for a period commencing December 12, 2012 and ending on December 12, 2013.

• minimum width of landscaped area abutting an 01 zone: 3 metres

•  Maximum building heights and minimum setbacks and stepbacks as per Schedule 299

The following provisions dealing with a Section 37 authorization apply:

(a) Pursuant to Section 37 of the Planning Act, the height and density of development permitted in this By-law are permitted subject to compliance with all of the conditions set out in this By-law, including the provision by the Owner of the lot of the facilities, services and matters set out in Section 27 of Part 19 hereof, to the City at the Owner’s sole expense and in accordance with and to the agreement referred to in (b) below:

(b) Upon execution and registration of an agreement or agreements with the Owner of the lot pursuant to Section 37 of the Planning Act securing the provision of the facilities, services or matters set out in Section 27 of Part 19 hereof, the lands are subject to the provisions of this By-law. Building permit issuance with respect to the lot shall be dependent upon satisfaction of the provisions of this By-law and in the Section 37 Agreement relating to building permit issuance, including the provision of monetary payments and the provision of financial securities.

(c) Wherever in this By-law a provision is stated to be conditional upon the execution and registration of an agreement entered into with the City pursuant to Section 37 of the Planning Act, then once such agreement has been executed and registered, such conditional provisions shall continue.

• parking lot

• the following provisions are in effect for a temporary period of three years beginning January 23, 2013 and ending on January 23, 2016:

1. despite Table 101, the minimum number of parking spaces required for the use of the lands at 50 and 60 Mann Avenue is 58 spaces;
2. despite Subsection 100(1), a parking lot comprised of 92 spaces for the exclusive use of the University of Ottawa during normal daytime business hours is permitted

• minimum corner side yard setback: 3 m

• school

• retail store
• retail food store

• minimum number of required parking spaces for non-residential uses: 0

• all non-residential uses except: day care,restaurant,office, retailstore, retailfood store,convenience store, artist studio, bank, bank machine, medical facility and personal service business

• maximum permitted building heights and minimum setbacks are as per Schedule 300 and Table 191 rows (c) through (e) inclusive, (g) and (h) does not apply - required visitor parking spaces can be used to also fulfill the non-residential parking requirements, and no further non-residential parking spaces need to be provided
• minimum number of required visitor parking spaces: 40
• for uses set out in rows (b), (c), and (d) of Table 113A, a vehicle loading space will only be required where the use exceeds 999 square meters of gross floor area
• minimum required width of a driveway providing access to a parking garage: 6 m
• minimum required width of an aisle providing access to parking spaces within a parking lot or parking garage: 6 m
• despite clause 85(3)(a), an outdoor commercial patio may be located a minimum of 15 meters from a residential zone
• clause 85(3)(b) does not apply
• The following provisions dealing with a Section 37 authorization apply:

1. Pursuant to Section 37 of the Planning Act, the heights and density of development permitted in this By-law are permitted subject to compliance with all of the conditions set out in this Bylaw including the provision by the Owner of the lot of the facilities, services and matters set out in Section 3 of Part 19 hereof, to the City at the Owner's sole expense and in accordance with and subject to the agreement referred to in 2 below of this By-law.
2. Upon execution and registration of an agreement or agreements with the Owner of the lot pursuant to Section 37 of the Planning Act securing the provision of the facilities, services or matters set out in Section 3 of Part 19 hereof, the lot is subject to the provisions of this By-law.
   Building permit issuance with respect to the lot shall be dependent upon satisfaction of the provisions of this By-law and in the Section 37 Agreement relating to building permit issuance, including the provision of monetary payments and the provision of financial securities.
3. Wherever in this By-law a provision is stated to be conditional upon the execution and registration of an agreement entered into with the City pursuant to Section 37 of the Planning Act, then once such agreement has been executed and registered, such conditional provisions shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement

• maximum number of storeys: 5
• minimum interior side yard setback:

1. for the first four storeys abutting the northerly side yard: 2.5 meters for the first 21 meters back from the front lot line and 7.5 meters for the remainder;
2. for the first four storeys abutting the southerly side yard: 2.5 m for the first 27.9 meters back from the front lot line and 7.5 meters for the remainder; and,
3. for the fifth storey: 5.5 meters for the first 21 meters back from the front lot line and 7.5 meters for the remainder

• An aisle providing access to parking spaces within a parking garage may have a minimum width of 5 meters, and may be reduced to 3.07 meters in width at one location and 3.8 meters in width at one other location, each of these measuring no more than one meter in length.
• minimum number of visitor parking spaces: 5
• minimum number of resident parking spaces: 21
• No part of the lot within six meters of the rear lot line may be used as outdoor amenity area. For greater clarity a walkway is permitted within this area.
• minimum rear yard setback for that part of the building containing a parking garage: 4 m
• minimum rear yard setback for the fifth storey: 9 m
• Subsections 109(11) and (12) do not apply, however any area of the lot not occupied by buildings, structures, driveways, parking spaces, permitted projections or walkways must be landscaped.
• Landscaping on the roof of a building or structure may be applied towards the 30% landscape area required under subsection 163(9).

• restaurant
• office
• bank machine
• retail store
• retail foodstore
• convenience store
• artist studio
• personal service business

• despite Table 102, the minimum residential visitor parking space rate is: 0.083 spaces per unit
• required residential visitor parking can be used to also fulfill the requirements of non-residential parking, and no further non-residential parking spaces need be provided
• despite clause 85(3)(a), an outdoor commercial patio may be located a minimum of 15 meters from a residential zone
• maximum building heights and minimum required setbacks as per Schedule 301
• no maximum floor space index applies
• minimum width of landscaped area abutting a street: 0 metres
• decorative features may be located a minimum of 2.7 metres from the eastern property line up to a maximum height of 8.0 metres
• The following provisions dealing with a Section 37 authorization apply:

1. Pursuant to Section 37 of the Planning Act, the heights and density of development permitted in this By-law are permitted subject to compliance with all of the conditions set out in this By-law including the provision by the Owner of the lot of the facilities, services and matters set out in Section 5 of Part 19 hereof, to the City at the Owner's sole expense and in accordance with and subject to the agreement referred to in b. below of this By-law.
2. Upon execution and registration of an agreement or agreements with the Owner of the lot pursuant to Section 37 of the Planning Act securing the provision of the facilities, services or matters set out in Section 5 of Part 19 hereof, the lot is subject to the provisions of this By-law. Building permit issuance with respect to the lot shall be dependent upon satisfaction of the provisions of this By-law and in the Section 37 Agreement relating to building permit issuance, including the provision of monetary payments and the provision of financial securities.
3. Wherever in this By-law a provision is stated to be conditional upon the execution and registration of an agreement entered into with the City pursuant to Section 37 of the Planning Act, then once such agreement has been executed and registered, such conditional provisions shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement.

• architectural towers with no leasable floor area above 18 metres are permitted to project above the maximum height limit to a maximum of 23 metres

• despite 197(4)(d) for any part of a building above 25 metres a 1.5 metre minimum front yard setback must be provided
• despite 197(3)(f) of Table 197 the minimum rear yard setback for a mixed use building is:

1. 0 metres for any part of a building within 10.8 metres of Flora Avenue
2. 6.9m for any part of a building beyond 10.8 metres from Flora Ave and above 5.5 m in height up to 25.0 m in height;
3. 8.7 metres for any part of a building beyond 10.8 metres from Flora Ave and above 25.0 m in height up to 28.0 m in height
4. 10 metres for any part of a building beyond 10.8 m from Flora Ave and above 28 m in height
5. 0 metres for any part of a building beyond 10.8 metres from Flora Avenue and 5.5 metres or less in height

• Section 197(3)(e) of Table 197 does not apply and the following minimum corner side yard setback applies:

1. 0 metres, and
2. 1.5 metres above 25 metres in height

• an above grade outdoor amenity space may be located in a rear yard up to the lot lines
• minimum width of landscaped area abutting a residential zone: 0 metres
• seven visitor parking spaces required for all dwelling units
• no parking required for non-residential uses
• paragraphs 197(3)(g)(ii)(2) and (3) of Table 197 do not apply

• minimum lot area for a Planned Unit Development: 400 m²
• minimum rear yard setback: 4.6 metres
• minimum interior side yard setback from the western lot line: 0.6 m
• minimum interior side yard setback from the eastern lot line: 1.2 m
• minimum width of private way: 3.8 metres
• minimum setback of any wall of a residential use building to a private way: 0 metres
• minimum setback for any garage or carport entrance from a private way: 0 metres

• minimum front yard setback: 2.5 m
• minimum rear yard setback from that portion of a rear lot line abutting a residential zone for a non-residential or mixed use building where the functional side of the building is facing the rear lot line: 5 m
• minimum width of landscaped area:

1. abutting a street: 1.8 m
2. abutting a residential zone: 2.5 m

• minimum parking rate for office use: 2.2 spaces per 100 square meters of gross floor area
• No visitor parking is required for a dwelling unit in a mixed use building where that dwelling unit has a driveway accessing a garage, other than a parking garage, located on the same lot as that dwelling unit
• The lands zoned LC[2019] are considered one lot for zoning purposes, notwithstanding any future severances

• minimum lot area: 325 m²
• minimum lot width: 9.5 m
• maximum building height: 9.5 m
• minimum front yard setback: 3 m
• minimum corner side yard setback: 3 m
• minimum rear yard setback where the rear lot line abuts an O1 zone, public street or internal side yard: 5 m
• minimum total interior side yard setback is 1.8 meters, with one yard no less than 0.6 meters.
• Where there is a corner lot on which is located only one interior side yard, the minimum interior side yard setback is 0.6 meters.

• all non-residential uses except artist studio and office

• An office used as an embassy must provide a minimum of 28 parking spaces, three of which must be reserved for visitors to the embassy.
• Three parking spaces reserved for visitors to the embassy may be located abutting the driveway outside of the parking garage.
• Where a driveway abuts a parking space used for visitors to an embassy, it may be reduced to 4.1 meters in width.
• minimum front yard setback: 0 m
• minimum rear yard setback from a lot line abutting a residential zone: 1.5 m
• Despite Table 187(h)(ii), the minimum width of a landscaped area within the rear yard abutting a residential zone may be reduced to 1.5 meters.
• no loading space is required
• no floor space index applies
• bed and breakfast limited to 3 guest bedrooms

• No maximum floor space index
• Maximum building heights for the AM[2022]S303 zone are set out in Schedule 303
• Minimum required setbacks for the AM[2022]S303 zone are set out in Schedule 303
• In the AM[2022] S303 zone, a driveway and an aisle providing access to parking spaces in a parking garage may be a minimum of 6.0 metres in width
• the properties zoned AM[2022]S303 and AM[2022] H(28.0) shall be considered one lot for zoning purposes
• Schedule 303 does not apply to accessory buildings or structures, which continue to be regulated by section 55
• Schedule 303 does not apply to permitted projections, which continue to be regulated by section 65
• The following provisions dealing with a Section 37 authorization apply:

1. the heights and density of development permitted in this By-law are permitted subject to compliance with all of the conditions set out in this By-law including the provision by the Owner of the lot of the facilities, services and matters set out in Section 4 of Part 19 hereof, to the City at the Owner's sole expense and in accordance with and subject to the agreement referred to in 2 below
2. Upon execution and registration of an agreement or agreements with the Owner of the lot pursuant to Section 37 of the Planning Act securing the provision of the facilities, services or matters set out in Section 4 of Part 19 entitled 265 Carling Avenue hereof, the lot is subject to the provisions of this By-law. Building permit issuance with respect to the lot shall be dependent upon satisfaction of the provisions of this By-law and in the Section 37 Agreement relating to building permit issuance, including the provision of monetary payments and the provision of financial securities
3. Wherever in this By-law a provision is stated to be conditional upon the execution and registration of an agreement entered into with the City pursuant to Section 37 of the Planning Act, then once such agreement has been executed and registered, such conditional provisions shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement.

• Despite clause 198 (8)(b),paragraph (iii)(1), the rear yard setback where abutting a residential zone:

1. 1 metre for the first three storeys;
2. 3 metres for the fourth to ninth storeys for the first 24 metres of the property measured from the northern lot line;

• minimum required number of residential visitor parking spaces:

1. for the first 12 dwelling units: no requirement;
2. for the remaining dwelling units: 0.034 per dwelling unit;

• parking spaces for non-residential uses: 1.5 spaces per 100 square metres, with the first 150 square metres exempt;
• Despite clause 198.(8)(b), subclause (i), the front yard setback minimum: 0 metres for the first five storeys, a minimum of 2 metres above the fifth storey, despite Section 197(3)(c), no maximum above the fifth storey;
• Despite clause 198.(8)(b), subclause (ii), the corner side yard setback:
• a minimum of 0.5 metres and a maximum of 4.17 metres for the first five storeys;
• above the fifth storey, a minimum of 2 metres more than the setback of the first five storeys;
• Despite Section 65, Table 65, Row (3), Column II, the maximum size and extent of the projection of architectural elements on the northeast corner of the building may be 0 metres from the lot line;
• The provisions of Section 197, Table 197, Row (g), paragraph (ii)(3) do not apply;
• The provisions of Section 197, Table 197, Row (i)(i) do not apply: there is no minimum required landscaped area;
• Despite Section 107, Table 107, Row (d), the minimum required width for an aisle within a parking lot or parking garage is 6.0 metres;
• no vehicle loading spaces required
• Maximum heights as per Schedule 304.
• the provisions in Table 197(j) and Section 110 regarding minimum width of landscaped area around a parking lot do not apply

• bed and breakfast
• converted dwelling
• diplomatic mission
• urban agriculture

• total maximum lot coverage for all accessory buildings: 20%
• minimum density: 65 dwelling units per hectare
• maximum density 132 dwelling units per hectare
• minimum yard setback from a lot line abutting Campeau Drive: 6 m
• maximum yard setback for a building wall facing CampeauDrive: 6.5 m
• minimum yard setback from a lot line abutting Maritime Way: 0 m
• maximum yard setback for a building wall facing Maritime Way:4.5 m
• minimum yard setback from a lot line abutting an O1 zone: 1.2 m
• minimum and maximum building heights as per Schedule 305

• bed and breakfast
• converted dwelling
• diplomatic mission
• urban agriculture

• minimum yard setback from a lot line abutting Maritime Way: 0 m
• maximum yard setback for a building wall facing Maritime Way:4.5 m
• minimum rear yard setback: 6 m
• total maximum lot coverage for all accessory buildings: 20%
• minimum density: 65 dwelling units per hectare
• maximum density: 132 dwelling units per hectare
• minimum building height: 15 m
• maximum building height: the lesser of 29 metres or eight-storeys

• hotel

• stacked dwelling

• minimum yard setback from a lot line abutting Campeau Drive: 6 m
• maximum yard setback for the building wall of a parking garage facing Campeau Drive: no maximum
• maximum yard setback is 6.5 meters for any other building wall that is:

1. located within 25 meters of Campeau Drive; and,
2. is facing Campeau Drive Setbacks from a lot line abutting a public street other than Campeau Drive:
   1. no minimum
   2. maximum:
      1. for the building wall of a parking garage: no maximum
      2. for at least 50% of the width of any other building wall facing a public street other than Campeau Drive: 2.5 m

• minimum and maximum building heights as per Schedule 306

• stacked dwelling

• minimum yard setback from a lot line abutting Campeau Drive: 6 m
• maximum yard setback for the building wall of a parking garage facing Campeau Drive: no maximum
• maximum yard setback for at least 80% of the width of any other building wall facing Campeau Drive: 6.5 m”
• setbacks from a lot line abutting a public street other than Campeau Drive:

1. no minimum
2. maximum:
   1. For the building wall of a parking garage: no maximum
   2. For at least 80% of the width of any other building wall facing a public street other than Campeau Drive:
      i.  5.0m from a lot line abutting Great Lakes Avenue
      ii.  5.5m from a lot line abutting Canadian Shield Avenue

• minimum building height: no minimum
• maximum building height:

Section 192(15)(c)(i) does not apply in the case of a mixed-use building with a minimum of 450m² of non-residential space.

Despite the provisions of Table 192C, the following provisions apply to a mixed-use building:

1.  maximum gross floor area for the fifth storey: 3,000m²; and
2.   maximum gross floor area for the sixth storey: 2,275m²

1. for the first 3 meters back from all lot lines abutting a street other than Campeau Drive: 15m
2. for any part of a building not within the area identified in 1 above: the lesser of 23 m or six-storeys

• hotel

• stacked dwelling

• a hotel is a permitted use subject to the floor space index being equal to or greater than 1.5 for the non-residential uses listed in clause 192(15)(a)
• minimum floor space index: 2.0
• minimum yard setback from all lot lines abutting a public street: no minimum
• maximum yard setback for the building wall of a parking garage: no maximum
• maximum yard setback for at least 80% of the width of any other building wall facing a public street:

1. 0.5 m; or
2. 2 m where a patio is located between the building wall and a lot line

• minimum building height: 11 m
• maximum building height:

1. for the first 3 metres back from the front yard for all buildings: 15 m
2. for a building containing only non-residential uses and where that part of the building is not within the area identified in 1 above: the lesser of 29 m or eight-storeys
3. for a mixed use or residential use building and where that part of the building is not within the area identified in 1 above: the lesser of 35 m or 10-storeys

• any use that legally existed on January 22, 2014

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed a 15 metre maximum building height if within 12 metres of a R1, R2 or R3 zone

1. 195(3)(a), 195(4)(c)(iii),195(4)(d)(iii), 195(4)(d)(iv), 195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii),195(9), 195(6), 195(7), 195(8), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and only the following exception provision applies:

• all required parking spaces may be located on any part of the TD3[2029], TD3[2077] H(107), TD3[2077] H(137), I2A[347] F(3.0), I2E[1377] F(3.0), I2E [1376] S232, I2A [1378] S232, TD3[2090] and TD2[2077] zoned lots

• no loading space is required for a theatre
• no maximum floor space index
• no parking is required for a theatre
• no landscaped area is required when abutting a street

• residential visitor parking rate: 0.083 per unit
• required parking rate for a hotel: no spaces required
• subsection 85(6) does not apply and an outdoor rooftop commercial patio is permitted
• the maximum building heights will be as per Schedule 307
• 193(6) does not apply
• Table 194A row 18 does not apply
• despite 194(2) (a) and (b) a hotel lobby is permitted on the ground floor of a building
• a minimum of 40% of the required total amenity area must be provided as communal amenity area
• no loading spaces required
• accessory uses associated with a hotel use may project above the maximum height limits
• despite subsection 193(6), a maximum of five surface spaces are permitted at 137 George Street

• no maximum floor space index
• no minimum width of landscaping required
• no minimum rear yard
• minimum visitor parking space rate: 0.1 per dwelling unit
• required residential visitor parking can be used to also fulfill all the requirements of non-residential parking
• no loading spaces are required
• the minimum driveway aisle width is 6.0 metres.
• a bicycle parking space must have access from an aisle having a minimum width of 1.2 m
• the following provisions dealing with a Section 37 authorization apply:

1. heights and density of development permitted in this By-law are permitted subject to compliance with all of the conditions set out in this By-law including; the provision by the Owner of the lot of the facilities, services and matters set out in Section 2 of Part 19 hereof, to the City at the Owner's sole expense and in accordance with and subject to the agreement referred to in 2 below
2. Upon execution and registration of an agreement or agreements with the Owner of the lot pursuant to Section 37 of the Planning Act securing the provision of the facilities, services or matters set out in Section 2 of Part 19, entitled 505 Preston Street hereof, the lot is subject to the provisions of this By-law. Building permit issuance with respect to the lot shall be dependent upon satisfaction of the provisions of this By-law and in the Section 37 Agreement relating to building permit issuance, including the provision of monetary payments and the provision of financial securities.
3. Wherever in this By-law a provision is stated to be conditional upon the execution and registration of an agreement entered into with the City pursuant to Section 37 of the Planning Act, then once such agreement has been executed and registered, such conditional provisions shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement

• a chimney, chimney box, fireplace box, eaves, eave-troughs, gutters and ornamental elements such as sills, belts, cornices, parapets and pilasters may project 1 metre into a required interior side yard but no closer than 0.2 metres to the lot line
• canopies and awnings may project 1 metre into a required interior side yard but no closer than 0.2 metres to the lot line
• where located above the floor level of the first floor, stairs may project 2.5 metres into a required yard, but may be no closer than 0.5 metres from the lot line
• covered or uncovered balconies and porches may project to within 0 metre of a side lot line abutting a street
• an air conditioning condenser unit may project 1 metre into a required yard, but no closer than 0.2 metres to a lot line, and may not be located in a front yard or a corner side yard

• all residential uses listed under subsection 187(2) except for: townhouse dwelling, apartment, low-rise, apartment, mid rise, and dwelling unit

• no maximum floor space index applies
• minimum interior side yard setback: 1.5m
• minimum rear yard setback: 6m
• residential parking rate: 1 parking space per dwelling unit
• visitor parking rate: 0.25 parking spaces per dwelling unit
• parking rate for an office use:1 space per 50m² of gross floor area
• the provisions of Column III, row (b) of Table 110 do not apply
• the provisions of Table 187, row (h) do not apply

• detached dwelling
• duplex dwelling
• semi-detached dwelling
• three unit dwelling

• maximum building height for an apartment dwelling, low-rise: 13.5m
• residential parking rate: 1 parking space per dwelling unit
• visitor parking rate: 0.25 parking spaces per dwelling unit
• minimum required rear yard setback is 3m.

• maximum building heights as per Schedule 169
• rooftop amenity area:

1. having a maximum height of 5 metres is not included in the overall height of the building
2. has a maximum gross floor area of 270 m²

• building podium height not to exceed four storeys along both Somerset Street and City Centre Avenue and any tower above the podium must have a minimum 3 metre step back at or below the top of the fourth storey of the podium along Somerset Street
• maximum gross floor area per floor of a non-residential building containing only office use: 2000m²
• at least 70% of the lot width along City Centre Avenue and Somerset Street must be occupied by one or more buildings and lot width will be measured at the front yard building setback
• for any buildings along City Centre Avenue and Somerset Street the maximum building setback is 3 metres, except where a recessed entrance may be provided to accommodate a ground floor entrance and/or a corner treatment
• minimum parking space rate requirements, as per Section 101, Table 101, Column II, Area A on Schedule 1, despite the location of the land on Schedule 1
• maximum number of parking spaces permitted, as per Section 103, Table 103, Column II, Area A on Schedule 1, despite the location of the land on Schedule 1

• despite Section 60(3)(c)(i), the side yard setback for any addition is to be at least 30 cm greater than that of the wall of the existing building, located closest to the side lot line-despite Section 60(4), eaves are permitted to project into a required yard subject to Section 65

• section 139 and 140 does not apply-for the purpose of Section 59, River Lane is deemed to be an improved public street minimum lot area required for a detached dwelling is 245 m²
• the front lot line is deemed to be the lot line abutting River Lane

• minimum front yard setback: 1.8 m
• minimum corner side yard setback: 0.45 m
• minimum interior side yard setback from a non-residential or mixed use building, for any portion of a lot line abutting a residential zone : 0.15m
• minimum rear yard setback: 0 m
• minimum width of landscaped area abutting a street or residential zone: 0 m
• minimum parking space requirements for all residential and non-residential uses: 0
• Table 187(h) does not apply

• maximum heights as per Schedule 310
• minimum setbacks as per Schedule 310
• attendant tandem parking spaces may be used toward the commercial parking requirements for the underground parking garage
• minimum landscaped area is required to be 12% of the lot area and a minimum of 5% must be soft landscaping
• schedule 310 does not apply to accessory buildings or structures as well as permitted projections into required yards, which continue to be regulated by Section 55 and 65, respectively
• despite section 65, canopies and awnings are permitted 0 metres from the front and corner side yard lot lines
• a bus shelter is permitted in the front yard
• no requirement for residential and commercial floor area to be equal

• day care

• planned unit development

• Zone requirements for a day care:

1. no parking spaces are required for day care use
2. minimum lot width: 9m
3. minimum lot area: 167m²
4. maximum building height: 11m
5. minimum front yard setback: 3m
6. minimum corner side yard setback: 0.9m
7. minimum rear yard setback: 1.2m
8. minimum interior side yard setback: 0.6m

• community health and resource centre
• day care
• office

• minimum rear yard setback: 1 m
• no parking spaces are required for non-residential uses
• parking is permitted in a corner side yard
• no loading space requirement for an office use

• day care
• amusement centre limited to a children's play centre

• amusement centre is only permitted in the same building as an operating day care
• amusement centre limited in size to 1,600 square metres for a children's play centre, consisting of party rooms and open play area with amenities, including climbing structures and slides, but prohibiting a video game or pinball arcade, bingo hall, bowling alley, pool hall and similar uses.

• automobile body shop

• gas bar
• hotel
• place of worship

• minimum lot area: 10,000 m²
• minimum lot width: 100 m
• all operations of an automobile body shop must be within an enclosed building and no vehicle storage is permitted within the front yard
• Convenience store, restaurant, personal service business, post office and recreational and athletic facility are permitted only within a large complex containing a research and development centre, technology industry, light industrial use, office, bank, payday loan establishment, instructional facility or place of assembly
• Where a parking lot abuts the O'Keefe drainage corridor, minimum required width of landscaping buffer for:

1. a parking lot containing more than 10 but fewer than 100 spaces: 1.5 meters; and,
2. a parking lot containing 100 or more spaces: 3 meters.

• catering establishment
• environmental preserve and education area

• animal care establishment
• animal hospital
• automobile dealership
• automobile rental establishment
• automobile service station
• car wash
• drive-through facility
• gas bar
• personal brewing facility
• place of worship
• warehouse

• minimum lot area: 10,000 m²
• minimum lot width: 100 m
• catering establishment is subject to the provisions of clauses 205(2)(a) to (c) inclusive
• Convenience store, restaurant, personal service business, post office and recreational and athletic facility are permitted only within a large complex containing a research and development centre, technology industry, light industrial use, office, bank, payday loan establishment, instructional facility, hotel or place of assembly
• Where a parking lot abuts the O'Keefe drainage corridor, minimum required width of landscaping buffer for:

1. a parking lot containing more than 10 but fewer than 100 spaces: 1.5 meters; and,
2. a parking lot containing 100 or more spaces: 3 meters.

• catering establishment
• environmental preserve and education area

• animal care establishment
• animal hospital
• automobile rental establishment
• automobile service station
• car wash
• drive-through facility
• gas bar
• place of worship
• warehouse

• minimum lot area: 10,000 m²
• minimum lot width: 100 m
• catering establishment is subject to the provisions of clauses 205(2)(a) to (c) inclusive
• Convenience store, restaurant, personal service business, post office and recreational and athletic facility are permitted only within a large complex containing a research and development centre, technology industry, light industrial use, office, bank, payday loan establishment, instructional facility, hotel or place of assembly
• Where a parking lot abuts the O'Keefe drainage corridor, minimum required width of landscaping buffer for:

1. a parking lot containing more than 10 but fewer than 100 spaces: 1.5 meters; and,
2. a parking lot containing 100 or more spaces: 3 meters.

• amusement centre
• automobile service station
• bar
• cinema
• gas bar
• parking garage
• parking lot
• theatre

• all residential uses
• funeral home
• place of worship
• residential care facility
• shelter

• automobile service station is permitted only within a large complex containing a retail store use
• Where a parking lot abuts the O'Keefe drainage corridor, minimum required width of landscaping buffer for:

1. a parking lot containing more than 10 but fewer than 100 spaces: 1.5 meters; and,
2. a parking lot containing 100 or more spaces: 3 meters.

• despite subsection 193(6) one parking space not located in a parking garage is permitted
• despite clause 194(2)(d) the maximum front yard setback is 1.52 metres
• no parking is required for all residential and nonresidential uses
• no visitor parking is required for residential uses
• no vehicle loading spaces are required

• despite the provision of section 203, subsection 5, outdoor storage of construction piping is permitted
• outdoor storage is limited to the storage of construction piping of over 5 metres in length
• outdoor storage is only permitted in accordance with the locations shown in Schedule 311
• a 1.8m high privacy screen must be provided in accordance with the provisions of Schedule 311
• no new loading spaces are permitted in association with the outdoor storage
• despite the provisions of Table 113, row (b), the minimum aisle width for an oversized loading space is 9 metres
• no parking space is required in association with the outdoor storage use

• all uses until such time that the holding symbol is removed

• The holding symbol can be removed only at such time as it is demonstrated to the satisfaction of the General Manager of Planning, Infrastructure and Economic Development that:

1. there is availability of, and connection to municipal servicing;
2. proof of appropriate decommissioning of existing private services – septic system(s) and/or well(s);
3. Submission of the following reports, completed in accordance with applicable City standards, guidelines and procedures, and approved by the General Manager of Planning, Infrastructure and Economic Development:
   1. Tree conservation report;
   2. Transportation brief or, if proposed development requires a higher level of analysis and detail, Transportation Impact Study or Community Transportation Study, as applicable; and
   3. Stormwater Management Brief/Report and, prior to the lifting of the holding provision denoted by the 'h' symbol, the lands must not be used for any other purpose other than that which it is being used on June 26, 2013 and may not be further developed or redeveloped on private services or combined municipal/private services.

• planned unit development

• minimum rear yard setback on lots with a lot depth greater than 40 metres: no new principal building or addition to an existing principal building can extend into the rear yard by more than 20 per cent of the average existing provided rear yard of the two abutting properties, or in the case of a corner lot or a lot that shares a side lot line with only one abutting lot, of the one abutting property, however, in no case can a principal building be closer than 7.5 metres to the rear lot line
• If a completed application for any one or more of :

1. Committee of Adjustment approval;
2. site plan control approval, including an extension of site plan control approval;
3. payment in lieu of parking agreement;
4. part lot control approval; or
5. building permit

   was received prior to June 25th, 2013 the complete application, as well as any subsequent application listed in 1 to 5 above submitted prior to the issuance of a building permit, are exempt from the provisions of this exception and will be processed in accordance with the zoning regulations and provisions in place prior to July 17th, 2013. This clause is repealed on September 2nd, 2014.

• planned unit development

• minimum front yard setback: 1.5 metres
• maximum front yard setback: 3 metres
• minimum rear yard setback on lots with a lot depth greater than 40 metres: no new principal building or addition to an existing principal building can extend into the rear yard by more than 20 per cent of the average existing provided rear yard of the two abutting properties, or in the case of a corner lot or a lot that shares a side lot line with only one abutting lot, of the one abutting property, however, in no case can a principal building be closer than 7.5 metres to the rear lot line
• If a completed application for any one or more of :

1. Committee of Adjustment approval;
2. site plan control approval, including an extension of site plan control approval;
3. payment in lieu of parking agreement;
4. part lot control approval; or
5. building permit

   was received prior to June 25th, 2013 the complete application, as well as any subsequent application listed in 1 to 5 above submitted prior to the issuance of a building permit, are exempt from the provisions of this exception and will be processed in accordance with the zoning regulations and provisions in place prior to July 17th, 2013. This clause is repealed on September 2nd, 2014.

• parking lot

• additional permitted uses of Table 164B, endnote 19
• residential care facility
• shelter

• maximum building heights and minimum required setbacks as per Schedule 312
• hard landscaping features may be located within the required front yard
• amenity area provided outdoors may be located in a required front yard
• Parking Lot, as a use, may only be used by residents from a residential use building located on the lots municipally known as 17, 19, 21, 27, 29, 31, 36, 38, 40, 44, 46, 130, 134 and 138 Robinson Avenue.
• The minimum number of parking spaces required for the first 46 dwelling units is 3.
• Despite Section 109(3)(b)(i), a walkway may not exceed 2.4m in width.
• the minimum number of bicycle spaces required is 1.0 per dwelling unit or rooming unit.
• Stacked bicycle parking structures are permitted and may use a shared aisle with a minimum width of 1.5 m.
• An outdoor rooftop amenity area is prohibited

• all non-residential uses except: community health and resource centre, day care, diplomatic mission, library, medical facility, office, research and development centre, and training centre

• minimum required rear yard setback from any portion of a rear lot line abutting a residential zone: 7.5 m
• A 3.75 metre wide treed soft landscaping area must be provided abutting the rear lot line
• an opaque screen a minimum of 2 meters in height must be provided along the rear lot line
• a permitted use may also contain an ancillary multi-purpose space that offers a variety of programs of a recreational, cultural, day care, social, community service, information or instructional nature to the public, provided this space is not located in a stand-alone building

• minimum front yard setback: 5 metres
• no portion of a private garage attached to a detached dwelling can be located more than 2.7 metres closer to a street lot line than the closer of:

1. a building front wall or side wall, or
2. a covered porch or veranda that is at least 2.5 metres wide for townhouse dwellings in a Planned Unit Development:

• minimum setback from a rear lot line to a building sidewall 1.2 metres; and,
• minimum setback from an interior side lot line to a building sidewall: 1.2 metres

• the minimum required width for an aisle within a parking lot or parking garage: 6.0 metres
• minimum vehicle loading spaces required: 0 spaces
• maximum building height is 141 metres above sea level
• no parking is required for all residential and non-residential uses
• no visitor parking is required for residential uses
• minimum required setback from the lot line that abuts Waller Street: 2.0 metres
• minimum required setback from the lot line that abuts Daly Avenue: 1.5 metres
• minimum required setback for the ground floor of the building from the lot line that abuts Waller Street: 2 metres
• minimum required setback for the ground floor of the building from the lot line abutting Daly Avenue: 1.5 metres
• minimum required setback from a lot line for storeys above the ground floor: 0 metres
• Section 65 shall not apply to limit projections.
• minimum driveway width is 6 metres

• group home
• recreational and athletic facility
• residential care facility
• retirement home
• retirement home, converted
• shelter
• sports arena
• training centre limited to a job instruction/ training associated with a school

• school use limited to a primary or elementary school

• group home
• recreational and athletic facility
• residential care facility
• retirement home
• retirement home, converted
• shelter
• sports arena
• training centre limited to a job instruction/ training associated with a school

• school use limited to a primary or elementary school

• Provisions for townhouse dwellings that are vertically attached in the rear and side:

1. minimum lot area is 84m²
2. no rear yard setback is required
3. minimum interior side yard setback is 1.5m
4. maximum lot coverage is 70%
5. maximum number of units per building is 12
6. air conditioner condenser may be located in a front yard when units are attached back to back

• minimum required width for an aisle within a parking lot or parking garage is 6m
• there are no requirements for a vehicle loading space
• maximum building height as per Schedule 370
• The following provisions dealing with a Section 37 authorization apply:

1. Pursuant to Section 37 of the Planning Act, the heights and density of development permitted in this By-law are permitted subject to compliance with all of the conditions set out in this By-law including the provision by the Owner of the lot of the facilities, services and matters set out in Section 6 of Part 19 hereof, to the City at the Owner's sole expense and in accordance with and subject to the agreement referred to in b. below of this By-law.
2. Upon execution and registration of an agreement or agreements with the Owner of the lot pursuant to Section 37 of the Planning Act securing the provision of the facilities, services or matters set out in Section 6 of Part 19 hereof, the lot is subject to the provisions of this By-law. Building permit issuance with respect to the lot shall be dependent upon satisfaction of the provisions of this By-law and in the Section 37 Agreement relating to building permit issuance, including the provision of monetary payments and the provision of financial securities.
3. Wherever in this By-law a provision is stated to be conditional upon the execution and registration of an agreement entered into with the City pursuant to Section 37 of the Planning Act, then once such agreement has been executed and registered, such conditional provisions shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement.

• The provisions of row (h) in Table 187 do not apply
• The required landscaped buffer around a parking lot may be reduced to 0.5 metres in width for a distance of 7 metres

• apartment dwelling, low-rise

• zone provisions for stacked dwellings:

1. minimum yard setback abutting La Chapelle Street: 4.5 metres
2. minimum yard setback from lot line abutting the rear yards of adjacent residential lots: 7.5 m
3. minimum yard setback from lot line abutting Orléans Boulevard to an accessory building: 0 metres
4. an outdoor refuse collection area contained within a parking lot must be located:
   1. at least 3.5 m from a lot line abutting a public street; and
   2. at least 2.2 m from an interior side yard lot line abutting another interior side yard lot line
5. permitted projection of a covered or uncovered balcony into the required yard abutting La Chapelle Street is no closer than 3.5 m from the lot line
6. maximum number of dwelling units is 51
7. maximum building height is 9.5 metres
8. a maximum cumulative floor area of 135 m², as measured from the exterior walls of the building is permitted for accessory buildings

• light industrial uses limited to a brewery
• parking garage

• all uses except existing uses until such time as the holding symbol is removed

• maximum permitted building heights and minimum setbacks are as per Schedule 333
• despite Section 107, the minimum required width of a driveway providing access to parking garage and the minimum width of a parking aisle is 6 m
• despite Section 101, no parking spaces are required for non-residential uses
• despite Section 113, Table 113A does not apply; there are no requirements for a loading space
• despite Section 192(16)(g) and (h), there is no maximum gross floor area per unit for retail, retail food store, personal service business, restaurant, bar, convenience store, service and repair shop, personal brewing facility, ground floor office and light industrial uses limited to a brewery
• the holding symbol may only be removed at such time as:

1. An application for Site Plan Control Approval has been approved and which approval will include the Remedial Action Plan to achieve a Record of Site Condition (RSC), to the satisfaction of the General Manager of Planning, Infrastructure and Economic Development Department.

• duplex dwelling with a secondary dwelling unit

• despite the provisions of Section 133, this by-law does not apply to prevent the issuance of a building permit for a duplex with secondary dwelling unit for which an application for a building permit has been received on or before July 17, 2013
• required number of parking spaces for a duplex dwelling with secondary dwelling unit: 3
• a parking space for a secondary dwelling unit in a new duplex dwelling 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

• minimum front yard setback is 7.5 metres.
• there is no minimum rear yard setback
• maximum building height:

1. within 12.5 metres of a residential zone the maximum height is 10 metres.
2. within 12.5 to 18 metres of a residential Zone the maximum height is 26 metres.
3. in all other cases the maximum height is 29 metres.

• no maximum floor space index
• minimum width of drive aisles for two way traffic is six metres
• minimum of two loading spaces are required.

• community centre
• place of worship
• school

• place of worship must:

1. be located in a building containing one or more of the other permitted uses of the IP4[2067] zone
2. not exceed 150 square metres of gross floor area

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

• despite Section 100(1)(a) and (b), queuing, parking and aisles required to gain access to the provided loading space may be shared
• minimum width of an aisle accessing a loading space is 7.0m

• amusement centre
• bar
• broadcasting studio
• cinema
• hotel
• nightclub
• light industrial uses
• principal use parking lots other than rapid-transit network park and ride facilities, being located at least 600 metres from a rapid transit station
• production studio
• theatre

• light industrial uses limited to the maintenance and assembly of hydraulic equipment, as the use existed on May 21, 2013

• park

All uses except for:

• amusement centre limited to a billard establishment
• apartment dwelling, low rise
• apartment dwelling, mid rise
• bank
• cinema
• community centre
• convenience store
• day care
• dwelling units
• group home
• home-based business
• home-based day care
• hotel
• library
• medical facility
• townhouse dwelling
• office
• personal service business
• place of assembly limited to a club
• place of worship
• planned unit development
• recreational or athletic facility
• restaurant
• retail food store limited to a bakery or farmer’s market
• stacked dwelling
• theatre

• minimum residential density: 70.9 units/ha
• minimum lot coverage: 35%
• minimum front, corner side yard and interior side yard setback: 3.0 m
• minimum rear yard setback: 5.2 m
• the facade of any building fronting onto a street must have at least 30% of the wall consisting of windows comprised of clear glazing
• all outdoor loading areas and refuse collection areas must be screened from view by an opaque screen a minimum height of 2.4 metres which must be constructed to be in keeping with the architectural treatment of the main building
• minimum setback for any wall of a residential use building in a planned unit development to a private way: 1.0 m
• despite Section 136 a townhouse dwelling may have a maximum of 15 dwelling units
• minimum required width of landscape buffer for a parking lot not abutting a street: no minimum

• amusement centre
• bar
• broadcasting studio
• cinema
• hotel
• nightclub
• principal use parking lots other than rapid-transit network park and ride facilities, being located at least 600 metres from a rapid transit station
• production studio
• theatre

• the maximum allowable surface parking that can be provided is calculated at a rate of 5.75 spaces per 100 square metres of gross leasable area
• no more than 45 per cent of the width of the lot along Industrial Avenue and within 30 metres of the lot line can be occupied by parking unless screened from the street frontage by a building
• the minimum building setback for any building within 30 metres of Industrial Avenue is 0 metres
• the minimum height for any building within 30 metres of Industrial Avenue is 6.7 metres and the maximum building depth is 30 metres
• a 1.5 metre landscape strip must be provided along the rear property line except where the provisions of Table 110 apply;
• if a parking garage is provided, the perimeter of the ground floor area of the parking garage must be occupied by any of the following uses:

1. bank
2. bank machine
3. payday loan establishment
4. personal service business
5. post office
6. restaurant
7. retail store

• maximum front yard setback: 3 m

• apartment building, mid rise
• apartment dwelling, high rise
• all non residential uses except office

• office use only permitted in a 2 storey building having a gross floor area of 1050 square metres or less
• no office use permitted in a basement
• parking aisle width of 5.9m permitted for angled parking of 75 to 90 degrees
• minimum parking space length: 5m
• minimum driveway width: 3.6m
• landscaped area required along River Lane
• front yard setback: 5.9m
• side yard setback: 6.5m
• rear yard setback: 4.5m
• no parking permitted in the front yard
• parking for no more than 20 vehicles may be provided

• artist studio
• catering establishment
• convenience store
• day care
• home-based business
• home-based day care
• instructional facility
• medical facility
• office
• personal service business
• restaurant
• retail food store
• retail store
• service and repair shop
• theatre

• detached dwelling
• duplex dwelling
• semi-detached dwelling
• three-unit dwelling

• all required parking spaces may be located on any part of the TD2[2077], TD3[2090], TD3[2077] H(107), TD3[2077] H(137), I2A[347] F(3.0), I2E[1377] F(3.0), I2E [1376] S232, I2A [1378] S232, and TD3[2029] zoned lots.

• any use that legally existed on January 22, 2014

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed an 11 metre maximum building height if abutting a R1, R2 or R3 zone and 15 metres abutting any other zone,

1. 195(3)(a), 195(4)(c)(iii), 195(4)(d)(iii), 195(4)(d)(iv) 195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(9) 195(6), 195(7), 195(8), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply.

• any use that legally existed on January 22, 2014
• storage yard limited to a municipal works yard

• all non-residential uses

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,

1. 195(3)(a), 195(4)(c)(iii),195(4)(d)(iii), 195(4)(d)(iv), 195(4)(e)(iii), 195(4)(e)(iv),195(4)(f), 195(4)(g)(ii),195(9), 195(6), 195(7),195(8), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply except for the permitted use of storage yard and the prohibited uses.

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed a 45 metre maximum building height,

1. 195(3)(a), 195(4)(c)(iii), 195(4)(d)(iii), 195(4)(d)(iv),195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(9),195(6), 195(7), 195(8), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply.

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed a 42 metre maximum building height,

1. 195(3)(a), 195(4)(c)(iii), 195(4)(d)(iii), 195(4)(d)(iv), 195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(9),195(6), 195(7), 195(8), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply.

• any use that legally existed on January 22, 2014

• retail food store

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed either of:

1. a 22 metre maximum building height,
2. a maximum floor space index of 0.6
   1. 195(3)(a), 195(4)(c)(iii),195(4)(d)(iii), 195(4)(d)(iv),195(4)(e)(iii), 195(4)(f), 195(4)(e)(iv), 195(4)(g)(ii), 195(6), 195(7), 195(8), 195(9), 195(10), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply except for the prohibited use of retail food store.

• any use that legally existed on January 22, 2014

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed either of:

1. a 22 metre maximum building height,
2. a maximum floor space index of 0.6
   1. 195(3)(a), 195(4)(c)(iii),195(4)(d)(iii), 195(4)(d)(iv),195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(6), 195(7), 195(8), 195(9), 195(10), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply.

• any use that legally existed on January 22, 2014

• retail food store

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed either of:

1. a 22 metre maximum building height,
2. a maximum floor space index of 1.1
   1. 195(3)(a), 195(4)(c)(iii),195(4)(d)(iii), 195(4)(d)(iv),195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(6), 195(7), 195(8), 195(9), 195(10), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply except for the prohibited use of retail food store.

• the lands zoned with exceptions 2084 and 2350 are considered one lot for zoning purposes.

• any use that legally existed on January 22, 2014

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed either of:

1. a 48 metre maximum building height,
2. a maximum floor space index of 1.8
   1. 195(3)(a), 195(4)(c)(iii),195(4)(d)(iii), 195(4)(d)(iv),195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(6), 195(7), 195(8), 195(9), 195(10), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply.

• any use that legally existed on January 22, 2014
• automobile service station
• car wash
• gas bar

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed either of:

1. a 22 metre maximum building height,
2. a maximum floor space index of 1.1
   1. 195(3)(a), 195(4)(c)(iii),195(4)(d)(iii), 195(4)(d)(iv),195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(6), 195(7), 195(8), 195(9), 195(10), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply except for additional land uses permitted of automobile service station and gas bar

• any use that legally existed on January 22, 2014

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed either of:

1. a 48 metre maximum building height,
2. a maximum floor space index of 2.0
   1. 195(3)(a), 195(4)(c)(iii),195(4)(d)(iii), 195(4)(d)(iv),195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(6), 195(7), 195(8), 195(9), 195(10), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply.

• place of assembly ancillary to a boat house

• maximum floor area for a place of assembly: 150m²

The following provisions apply to:

• a use that legally existed as of January 22, 2014, or
• any expansion of the building and any new building for that use in 1 above or a use listed in column III (Additional Land Uses Permitted), or
• any new use within a building existing as of January 22, 2014, or
• any developments for which site plan approval has been granted prior to January 22, 2014,
• development that does not exceed a 12.5 metre maximum building height,

1. 195(3)(a), 195(4)(c)(iii),195(4)(d)(iii), 195(4)(d)(iv),195(4)(e)(iii), 195(4)(e)(iv), 195(4)(f), 195(4)(g)(ii), 195(9)195(6), 195(7), 195(8), 195(10), 195(13) and 196 do not apply

In any other case the full provisions of the TD zone and appropriate TD subzone apply and the provisions of this exception do not apply.

• all required parking spaces may be located on any part of the TD2[2077], TD3[2090], TD3[2077] H(107), TD3[2077] H(137), I2A[347] F(3.0), I2E[1377] F(3.0), I2E [1376] S232, I2A [1378] S232 and TD3[2029] zoned lots.
• minimum required yard setback from the lot line that abuts Robinson Avenue: 3.0m
• minimum required yard setback from the lot line that abuts Lees Avenue: 1.0m

• a maximum of 50% of the width of the street frontage of the entire zone may be occupied by buildings taller than 6 storeys in height, no matter the setback of the buildings from the street lot line

• park
• temporary parking lot

• all permitted uses except community centre, day care, emergency service library, municipal service centre, park, recreational and athletic facility and sports arena and urban agriculture must be located above the ground floor
• the ground floor can only be used for required parking, lobby area, mechanical room and access to other floors
• despite the above retail use, restaurant use and personal service use may be located on the ground floor or above in that part of a building that is located within 25 metres of the lot line abutting Lees Ave if each occupancy has its main pedestrian entrance facing Lees Avenue
• the following provisions are in effect for a temporary period of three years beginning January 23, 2013 and ending on January 23, 2016:

1. despite Table 101, the minimum number of parking spaces required for the use of the lands at 50 and 60 Mann Avenue is 58 spaces;
2. despite Subsection 100(1), a parking lot comprised of 92 spaces for the exclusive use of the University of Ottawa during normal daytime business hours is permitted
3. a parking lot may be located at grade or on the ground floor of a building

• the minimum interior side yard setback for a non-residential or mixed-use building, from any portion of a lot line abutting a residential zone is 2.7 metres - in all other cases, the minimum interior side yard setback is 2.5m
• the property line that abuts Scott Street is considered to be the front lot line
• the minimum front yard setback is 3 metres
• the minimum rear yard setback is 0.5 metres
• the minimum corner side yard setback is 1.5 metres
• no single garages are permitted to face Carruthers Avenue
• where more than 9 dwelling units are located on the lot, a minimum of 23 visitor parking spaces must also be provided
• required residential visitor parking can be used to also fulfill the requirements of non-residential parking, and no further non-residential parking spaces need be provided
• the minimum width of a driveway and parking aisle is 3 metres
• despite clause 85(3)(a), an outdoor commercial patio may be located within 30 metres of a residential zone
• there are no vehicle loading spaces required
• bicycle parking space rate is 1 per dwelling unit
• bicycle parking space must have access from an aisle having a minimum width of 1 metre, except bicycle parking spaces located within a vehicle parking space, for which no aisle is required.
• table 111B does not apply
• section 111(11) does not apply
• bicycle parking space may be located within a vehicle parking space
• notwithstanding any further division or partition of the lands subject to this by-law, all lands zoned with exception 2093 are deemed to be one lot for zoning purposes.
• Roof top amenity area which projects above the maximum permitted height limit::

1. may not exceed three metres in height,
2. has a maximum gross floor area of 200 square metres

• recreational and athletic facility

• catering establishment

• minimum corner side yard setback: 2.0 metres
• minimum rear yard setback: 2.0 metres, however a rear yard setback of 0.2 metres is permitted for a distance of 9.6 metres
• minimum interior side yard setback is 2.5 metres
• minimum amount of on-site landscaping: 25% of lot area
• required visitor parking spaces: 6 spaces
• required commercial parking spaces: 0 spaces
• minimum length of parking spaces:

1. twelve parking spaces may have a minimum length of 3.4 metres,
2. twelve parking spaces may have a minimum length of 4.9 metres,
3. all other parking spaces may have a minimum length of 5.0 metres,

• minimum driveway, aisle and ramp width is 6.0 metres
• no loading spaces are required
• despite Table 65(8)(a) the stated features may project no closer than 0.2 metres to a lot line
• a roof top amenity area:

1. imaximum gross floor area of 200 square metres, and
2. maximum height of 5.0 metres and is not included in the overall height of the building

• The following provisions dealing with a Section 37 authorization apply:

1. Pursuant to Section 37 of the Planning Act, the heights and density of development permitted in this By-law are permitted subject to compliance with all of the conditions set out in this By-law including the provision by the Owner of the lot of the facilities, services and matters set out in Section 7 of Part 19 hereof, to the City at the Owner's sole expense and in accordance with and subject to the agreement referred to in 2 below of this By-law.
2. Upon execution and registration of an agreement or agreements with the Owner of the lot pursuant to Section 37 of the Planning Act securing the provision of the facilities, services or matters set out in Section 7 of Part 19 hereof, the lot is subject to the provisions of this By-law. Building permit issuance with respect to the lot shall be dependent upon satisfaction of the provisions of this By-law and in the Section 37 Agreement relating to building permit issuance, including the provision of monetary payments and the provision of financial securities.
3. Wherever in this By-law a provision is stated to be conditional upon the execution and registration of an agreement entered into with the City pursuant to Section 37 of the Planning Act, then once such agreement has been executed and registered, such conditional provisions shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement.

• Non-residential parking may be used to fulfill the requirements of residential visitor parking - Subsection 197(3), Table 197(e), (f), (g)(ii)(2) and (3) and clause 197(4)(d) do not apply
• A minimum 2.4 meter corner side and interior side yard setback is required above the seventh storey
• Despite the foregoing, in the case of an interior side yard, where a stairwell is located adjacent to the easterly wall of the building, no minimum setback is required above the seventh storey for such stairwell;
• A minimum 2.4 meter front yard setback is required above the seventh storey
• The above minimum front yard setback may be reduced to 1.3 meters for a distance of 3.5 meters.
• Minimum rear yard setback:

1. for the first storey: 0.2 m
2. in all other instances: 5.3 m

• minimum width of a driveway and aisle: 5.5 m
• 11 parking spaces may have a minimum width of 2.4 meters
• 10 parking spaces may have a minimum length of 5 m
• minimum required width of landscaped area abutting the rear yard: 0.2 m
• No part of the lot within 5 meters of the rear lot line may be used as outdoor amenity area.

• End Note 11 does not apply.
• The minimum front yard setback for an attached garage is 3.5 m.
• Where access from an attached garage to a public street is provided by means of a driveway that crosses a sidewalk, the attached garage must be setback at least 6 metres from the nearest edge of the sidewalk.
• Maximum building height: 11 m
• Despite Section 101, one parking space is required for detached dwellings.
• Despite Table 65, Rows 1, 2 and 3, a chimney, chimney box, fireplace box, eaves, eave-troughs, gutters and ornamental elements such as sills, belts, cornices, parapets and pilasters may project 1 metre into a required interior side yard, but no closer than 0.2 metres to the lot line.
• Despite Table 65 Row 6(b), the steps of a porch may project 2.5 metres into a required yard, but may be no closer than 0.5 metres from a lot line other than a corner side lot line, from which they can be as close as 0 metres.
• Despite Table 65, Row 6(a), any portion of a deck with a walking surface higher than 0.3 metres but no higher than 0.6 metres above adjacent grade may project to within 0.6 metres of a lot line, and any portion of a deck with a walking surface less than 0.31 metres may project to within 0.3 metres of a lot line.
• Despite Table 65, Row 8, an air conditioning condenser unit may project 1 metre, but no closer than 0.2 metres to a lot line, and may not be located in a front yard.

• Where access from an attached garage to a public street is provided by means of a driveway that crosses a sidewalk, the attached garage must be setback at least 6 metres from the nearest edge of the sidewalk.
• Despite Section 101, one parking space shall be required for detached and townhouse dwellings.
• Despite Table 65, Rows 1, 2 and 3, a chimney, chimney box, fireplace box, eaves, eave-troughs, gutters and ornamental elements such as sills, belts, cornices, parapets and pilasters may project 1 metre into a required interior side yard, but no closer than 0.2 metres to the lot line.
• Despite Table 65, Row 6(b), balconies and porches may project to within 0 metres of a corner lot line.
• Despite Table 65 Row 6(b), the steps of a porch may project 2.5 metres into a required yard, but may be no closer than 0.5 metres from a lot line other than a corner side lot line, from which they can be as close as 0 metres.
• Despite Table 65, Row 6(a), any portion of a deck with a walking surface higher than 0.3 metres but no higher than 0.6 metres above adjacent grade may project to within 0.6 metres of a lot line, and any portion of a deck with a walking surface less than 0.31 metres above adjacent grade may project to within 0.3 metres of a lot line.
• Despite Table 65, Row 8, an air conditioning condenser unit may project 1 metre, but no closer than 0.2 metres to a lot line, and may not be located in a front yard.
• Despite Section 57(2), for townhouse dwellings, the corner sight triangle will be calculated using 57(1) and in the instance of any dwelling listed in (1) including multiples, the distance used to determine a corner sight triangle is 2.75 metres and not 6 metres.
• In the case of a home based business operating within a townhouse, a parking space is only required if a non-resident employee works on-site.
   
• Performance standards for detached dwellings:

1. minimum lot area: 220 m².
2. minimum front yard setback 3 m.
3. minimum front yard setback for an attached garage: 3.5 m.
4. minimum total interior side yard setback is 1.8 metres with a minimum of 0.6 metres on at least one side. Where there is a corner lot on which is located only one interior side yard, the minimum required interior side yard setback equals the minimum required for at least one yard.
5. minimum corner side yard: 2.5 m.
6. maximum lot coverage: 55%.

• Performance standards for townhouse dwellings:

1. minimum lot area: 137 m².
2. minimum lot width: 5.5 m.
3. minimum front yard setback: 3.0 m.
4. minimum front yard setback for an attached garage: 3.5 m.
5. minimum interior side yard setback: 1.2 m.
6. minimum corner side yard: 2.5 m.
7. maximum lot coverage: 65%.
8. minimum driveway width: 3.0 m

• office

• Despite subsection 109(3), a parking lot is permitted in the corner side yard and the extension of a corner side yard into a rear yard.
• Despite subsection 109(12) the driveway to a parking lot may be 6.7 metres in width.
• Despite Table 110 Row (a), the minimum width of a landscaped buffer between a parking lot containing 10 or few spaces and the street is 2 metres.
• minimum lot area: 220 m²
• minimum front yard setback: 3 m
• minimum front yard setback for an attached garage: 3.5 m
• Minimum total interior side yard setback is 1.8 m with a minimum of 0.6 metres on at least one side. Where there is a corner lot on which is located only one interior side yard, the minimum required interior side yard setback equals the minimum required for at least one yard.
• minimum corner side yard: 2.5 m
• maximum lot coverage: 55%
• A maximum of 60 per cent of the area of the front yard, or the required minimum width of one parking space, whichever is the greater, may be used for a driveway, and the remainder of the yard, except for areas occupied by projections permitted under Section 65 and a walkway with a maximum width of 1.8 metres, must be landscaped with soft landscaping
• Where an attached garage accesses a public street by means of a driveway that crosses a sidewalk, the attached garage must be setback at least 6 metres from the nearest edge of the sidewalk.
• Despite Table 65, Rows 1, 2 and 3, a chimney, chimney box, fireplace box, eaves, eave-troughs, gutters and ornamental elements such as sills, belts, cornices, parapets and pilasters may project 1 metre into a required interior side yard but no closer than 0.2 metres to the lot line.
• Despite Table 65, Row 6(b), balconies and porches may project to within 0 metres of a corner lot line.
• Despite Table 65 Row 6(b), the steps of a porch may project 2.5 metres into a required yard, but may be no closer than 0.5 metres from a lot line other than a corner side lot line, from which they can be as close as 0 metres.
• Despite Table 65, Row 6(a), any portion of a deck with a walking surface higher than 0.3 metres but no higher than 0.6 metres above adjacent grade may project to within 0.6 metres of a lot line, and any portion of a deck with a walking surface less than 0.31 metres may project to within 0.3 metres of a lot line.
• Despite Table 65, Row 8, an air conditioning condenser unit may project 1 metre, but no closer than 0.2 metres to a lot line, and may not be located in a front yard, but may be located in a corner side yard.
• in the instance of any dwelling listed in 57(1), the distance used to determine a corner sight triangle is 2.75 metres and not 6 metres.

• mobile home park

• A mobile home park is subject to the requirements of the RM5 zone.