Exceptions 2701 - 2800

• Minimum lot width of a detached dwelling is 8.7 m.
• All other provisions of Urban Exception 2739 apply.

• Minimum front yard setback where the building height is greater than four storeys or 15 m: 1.5 m more than the provided front yard setback.
• Minimum setback from side yard abutting a street: 0 m
• Minimum setback from side yard abutting a street where the building height is greater than four storeys or 15 metres: 0 metres for the first 7 m, measured from the front lot line, and 0.6 m beyond 7 m
• Minimum number of required visitor parking spaces: 0
• Section 60 does not apply to the construction of a building that is taller than 20 m.

• Minimum lot width for a Planned Unit Development: 10 m
• Minimum interior side yard setback for a townhouse dwelling, when located within a PUD and when said side yard abuts a rear yard: 1.8 m
• Despite Table 55(6), there is no maximum cumulative floor area for accessory buildings.

The following applies to townhouse dwellings, including back-to-back and rear lane townhouse dwellings:

1. Minimum corner side yard setback: 2.5 m
2. Maximum building height: 14 m
3. Minimum lot area for back-to-back and rear lane townhouse dwellings: 77 m²
4. Outdoor amenity area is permitted on top of garages in townhouse dwellings located on rear lanes.
5. The area of the driveway cannot exceed 65% of the area of the yard in which it is located, except in the case of townhouses with rear lane access, whereby the area of the driveway can cover 100% of the yard in which it is located.
6. Where access is via the rear lane, the minimum rear yard setback may be reduced to 0 m, and the width of the garage, carport or driveway may be the width of the entire rear yard.

• Maximum permitted building heights, minimum setbacks and minimum stepbacks are as per S449.
• Despite the definition of “storey”, ground floor residential units may include a mezzanine and for the purpose of maximum building heights on Schedule 449, such dwelling units are to be considered as one storey.
• Lees Avenue is deemed to be the front lot line.
• Despite Section 65, a canopy at the ground floor level may project to the front lot line.
• The lands are considered one lot for zoning purposes.
• Maximum cumulative Gross Floor Area: 96,000 m²

• The area to which this exception applies is considered one lot for zoning purposes.
• The lot line abutting Campeau Drive is considered the front lot line.
• Maximum building height:

1. Within 25 m of Campeau Drive: 11 m
2. Over 25 m from Campeau Drive: 32 m

• Front yard setback: minimum of 3 m, maximum of 6.5 m
• Maximum corner side yard setback to an Apartment Dwelling, High-Rise: no maximum.
• Building stepbacks: Buildings must have a minimum 3 m stepback at the east and west ends of the building, at or above the top of the eighth storey.
• Minimum FSI is 0.75; Maximum FSI is 2.0
• Minimum building separation on a lot:

1. Between a stacked dwelling and Apartment dwelling, High-rise: 27 m
2. Between all other residential buildings less than 14.5 m in height: 3 m
3. Minimum setback for any wall of a residential use building to a private way: 1.8 m

• Parking space rate for stacked dwelling and apartment dwelling, high-rise: 1 space per unit.
   
• Despite anything to the contrary, the cumulative required parking between lands subject to Urban Exceptions 2746 and 2747 may be shared between the lands.

• The area to which this exception applies is considered one lot for zoning purposes.
• The lot line abutting Campeau Drive is considered the front lot line.
• Maximum building heights:

1. Within 25 m of Campeau Drive: 11 m
2. Over 25 m from Campeau Drive: 34 m

• Front yard setback: minimum 3 m; maximum 6.5 m
• Maximum corner side yard setback to a stacked dwelling: 5 m
• Minimum corner side yard setback for surfaced parking: 3.6 m
• Minimum rear yard setback: 3 m
• Minimum setback from the southeastern most lot line: 0 m
• The minimum parking space rate for a dwelling unit in a mixed-use building is 0.5 spaces per dwelling unit.
• The minimum parking space rate for non-residential uses is 3.4 spaces/100m2 gross floor area.
• Building stepbacks: buildings must have a minimum 2 m stepback at the east and west ends of the building, at or above the top of the eighth storey.
• Minimum FSI 0.75; maximum FSI 2.0, minimum 430 m2 GFA nonresidential component.
• Minimum building separation on a lot:

1. Between all other residential buildings less than 14.5 m in height: 2.9 m
2. Minimum setback for any wall of a residential use building to a private way: 1.8 m

• Parking space rate for dwelling, stacked: 1 space per unit.
• Despite anything to the contrary, the cumulative required parking between lands subject to Urban Exceptions 2746 and 2747 may be shared between the lands.
• Section 101(5)(d) and (e) apply with all necessary modifications to the dwelling units in a mixed use building.

• Maximum building height of 18.5 m within 20 m of the rear lot line and 10 m of the interior side lot line, maximum of 77 m in height beyond 20 m of the rear lot line and 10 m of the interior side lot line.
• An active entrance is not required along the side lot line abutting a street.
• Parking is to be provided at a rate of 0.22 spaces per residential unit, and a minimum of 2 and a maximum of 8 parking spaces to be provided for non-residential uses.
• Minimum required aisle width for the surface parking lot is 6 m.
• For a parking lot, minimum landscaping buffer abutting a street is 1.6 m.

The following provisions dealing with Section 37 authorization apply:

1. 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 31 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.
2. Upon execution and registration of an agreement of 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 31 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.
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 an agreement has been executed and registered, such conditional provisions shall continue.

• Despite subsection 69(2), the required setback from the watercourse is 15 m to the normal high-water mark.
• Despite Table 191, row 1(g)(i), minimum height within 400 m of a Rapid Transit Station: 4.4 m

• Despite Section 144(3)(a), the rear yard need not comprise 25 % the lot area and the minimum rear yard setback is 3.5m.
• Despite Section 161(18)(b), Minimum Area of soft landscaping in the rear yard – 9% of the rear yard.
• Despite section 161(18)(b), an aggregated rectangular soft landscaping area in the rear yard whose longer dimension is not more than twice its shorter dimension, for the purposes of tree planting, is not required.
• Clauses 60(3)(a) and (b) do not apply.
• Subsection 60(4) does not apply.

• residential care facility
• retail store, limited to a pharmacy

• The minimum number of vehicular parking spaces for a dwelling unit in a mid-rise apartment building: 0.9 parking spaces per dwelling unit.
• The lands with exception 2753 are considered one lot for zoning purposes.
• The use ‘residential care facility’ is subject to the zoning provisions of an ‘apartment dwelling, low-rise’ in the R4N subzone.
• Despite Section 109 (3)(a), five parking spaces are permitted within the provided front yard
• The following applies to a retail store limited to a pharmacy as a principal use:
  1. Maximum gross floor area: 200m2
  2. Must be located in the same building as a residential care facility
  3. May not include the sale of non-pharmaceutical products
  4. May not include a display area
  5. Must be located below the ground floor.

• Medical Facility
• Retail Store, limited to a pharmacy

• All uses until such time that the holding symbol is removed.

• Minimum interior side yard setback of 3 m on one side, and 6 m on the other-Minimum rear yard setback 6.5 m
• The holding symbol on the property may not be lifted until:

1. A Site Plan Application is approved, including the registration of an agreement pursuant to Section 41 of the Planning Act to the satisfaction of the General Manager, Planning, Infrastructure and Economic Development; and
2. Such time as it is demonstrated to the satisfaction of Planning Infrastructure and Economic Development that there is availability of and connection to municipal storm water infrastructure.

• place of worship

All uses other than:

• bank
• broadcasting studio
• day care
• community centre
• community health and resource centre
• light industrial uses
• medical facility
• municipal service centre
• office
• parking garage
• personal service business
• printing plant
• production studio
• recreational and athletic facility
• research and development centre
• restaurant, full service
• restaurant, take-out
• retail food store
• retail store
• service and repair shop
• technology industry
• warehouse

The following uses are only permitted subject to being located on the ground floor of a building containing one or more of the other permitted uses not listed below:

• municipal service centre
• personal service business
• restaurant, full service
• restaurant, take-out
• retail food store
• retail store

The provisions of Subsection 203(3)(g) do not apply and following provisions apply.

• A maximum of 60, 385 square metres of gross floor area is permitted.
• Subject to the General Manager of Planning, Infrastructure and Economic Development confirming a transportation facility is under construction in the Alta Vista Parkway corridor, the h symbol may be lifted, and an additional 23,225 square metres of gross floor area is permitted.
• Upon lifting of the h symbol, the cumulative total maximum gross floor area is 83,610 square metres.
• Maximum building height is in accordance with Schedule 117.
• A place of worship is subject to 203(2)(g) or 205(2)(g), as applicable.
• A warehouse use is only permitted subject to the footprint of each individual building containing a warehouse use not exceeding a maximum Gross Floor Area of 10,000 square metres.

The following applies to detached dwellings:

• minimum lot area: 235m²
• minimum front yard setback: 4.75m
• minimum corner side yard setback: 2.5m
• Shallow Pond Place is deemed the front lot line for corner lots abutting Lakeridge Drive and Shallow Pond Place.

• minimum front yards setback: 4.75m
• minimum corner side yard setback: 2.5m
• Despite Table 65, an air-conditioner condenser is permitted as a projection into the corner side yard.

• minimum lot area: 80m²
• minimum front yard setback: 4.75m
• minimum corner side yard setback: 2.5m
• minimum rear yard setback: 0m
• Despite Table 65, an air-conditioner condenser is permitted as a projection into the front and corner side yard.

• minimum corner side yard setback is 3m and maximum side yard setback is 7m.
• The 45 degree angular plane referenced in Table 197 (g)(ii)(3) must be measured from a point at the rear of the building above the third storey, and extend above the fourth storey, but is not applicable to the fifth and sixth storeys.

• Minimum front yard setback: 3 m
• Minimum corner side yard setback: 2.7 m
• Minimum rear yard setback: 4.1 m
• Minimum interior side yard setback: 6.4 m-Fire escapes, open stairways, stoops, landings, steps, ramps, porches and canopies are permitted to project into a front or corner side yard to 0 m from the property line.
• For units abutting two private ways, the minimum setback for a wall of a residential use building to a private way: 1.2 m.
• A maximum of 5 dwelling units may have a minimum setback from the garage to the private way of 3.9 m.
• For units abutting the south property line, balconies are permitted to project no more than 2 m into the rear yard and no closer than 2.15 m to the property line”
• Minimum width of a private way which is not designated

• amusement park
• automobile dealership
• automobile service station
• car wash
• drive-through facility
• gas bar
• payday loan establishment
• sports arena

• Notwithstanding the definition of an automobile rental establishment, this use shall be limited to a depot for booking of rental motor vehicles and must not include on-site storage of motor vehicles.
• Notwithstanding the definition of a funeral home, this use is not permitted to include a crematorium or a cemetery.
• The lands are considered one lot for zoning purposes.
• The front yard setback abutting Carling Avenue is 22.25 m from the roadway centreline.
• In Area B on Schedule 450, an additional stepback of 2 m is required above 20 m, 5th storey, abutting Carling Avenue.
• In Area B on Schedule 450, an additional setback of 2 m is required above 20 m, 5th storey, abuttingLebreton Street South.
• In Area B on Schedule 450, an additional stepback of 5.5 m is required above 20 m, 5th storey, abutting Bell Street South.
• The minimum setback from any lot line abutting Lebreton Street South and Bell Street South is 4.5 m.
• In Area A on Schedule 450, an additional stepback of 2 m is required above 16 m, 4th storey, abutting LeBreton Street South.
• The minimum setback from any lot line abutting an O1 Zone is 3 m.
• The minimum setback from any lot line abutting a residential zone is 7.5 metres, as shown in Area G of Schedule 450.
• The minimum setback from any newly created interior side lot line or rear lot line, as a result of new lot creation is 7.5m.
• For the portion of a building that is 10 or more storeys in height, the minimum distance separation between towers shall be 23 m, measured from the exterior wall of the tower, including balconies. Where a portion of a building that is 10 or more storeys in height abuts an interior lot line, the setback from the lot line to the portion of a building that is 10 or more storeys in heights shall be 11.5 m. For the purposes of this provision, “tower” is defined as the main body of a high-rise building that extends upwards from the building base, or podium above 10 storeys.
• For non-residential and mixed-use buildings in Area B, E and F on Schedule 450, a minimum of 50% of the ground floor must be occupied with commercial uses.
• Maximum building heights are as per Schedule 450.
• Tower floor plate maximum size: 750 m2
• A driveway providing access to a parking lot or to a parking garage must have a minimum width of 6 m for a double traffic lane.
• Surface parking and/or a parking garage must not be located within a depth of 6 m from the front wall of a building abutting a street when contained in a commercial or mixed-use building that is located on the ground floor and abutting Carling Avenue, Lebreton Street South, and Bell Street South.
• Required and provided parking for any permitted use on the subject lands may be located anywhere on Areas A to G of Schedule 450.

• Maximum permitted building heights, minimum setbacks and minimum stepbacks are as per Schedule 451.
• The maximum amount of parking spaces, excluding visitor parking, is the greater of 88 parking spaces or one space per dwelling unit.
• The ornamental element, known as the “heritage lantern” from the building existing as of the date of Council approval, is permitted within a new development as projection above the height limit within Area H of Schedule 451.
• Balconies on the fourth, fifth and sixth storey are not permitted to project beyond the outer wall of the same storey along the western façade.
• The outdoor terraces/balconies on the third, seventh, eighth and ninth storeys are not permitted to project beyond the step back of the closest storey below.
• Despite Table 111(a)(b)(c), the minimum number of bicycle spaces required is 1.0 per dwelling unit or rooming unit.

The Holding Symbol may not be lifted until the following is satisfied :

1. The Owner shall enter into a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the City, for the purposes of the conservation of the cultural heritage values and attributes of the existing property at 50 The Driveway, as of the date of Council approval. The cultural heritage values and attributes will be identified through the heritage easement agreement. The easement will reflect the final elevations, site/landscape plans, lighting, and interpretation plans, to be approved through conditions of Site Plan Control and secured via a Site Plan Agreement or within the Heritage Easement Agreement. Council approval and execution of the Heritage Easement Agreement is required prior to lifting the holding symbol; and
2. A Site Plan application has been approved, including execution of an agreement pursuant to Section 41 of the Planning Act, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development, satisfying the following:
   1. Confirm the below grade garage/foundation has been designed in an effort to protect trees found on abutting properties and those within the National Capital Commission lands.
   2. Approved plans and/or reports will clearly identify conservation of the cultural heritage elements defined and identify the strategy for keeping preserved items in the same condition for inclusion in new development; and
3. Registration of a Section 37 Agreement, or similar development agreement, to the satisfaction of the General Manager, Planning, Real Estate and Economic Development.

The following provisions deal with Section 37 of the Planning Act :

1. 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 33 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 33 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.

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.

• Maximum building height and minimum yard setbacks and stepbacks are as per Schedule 452
• Maximum Floor Space Index: 6.9
• Minimum front yard setback above the 6th storey: 2.5 m
• Minimum front yard setback at and below the 6th storey: 2 m
• Despite Section 111, tenant and visitor bicycle parking shall be provided at a rate of 1:1.
• Table 111B does not apply.
• Stacked bicycle parking is permitted.
• Subsections 111(5), (9), (10) and (11) do not apply.
• A minimum of 10% of the total dwelling units shall be provided as largehousehold dwelling units, with a minimum unit size of 850 square feet and two bedrooms.

Removal of the Holding Symbol is conditional upon the following:

1. Approval of a Site Plan Control application, including the execution of an agreement pursuant to Section 41 of the Planning Act, to the satisfaction of the General Manager of the Planning, Real Estate and Economic Development Department, that will require the implementation of all policies of this Plan, fulfilling obligations specified in the relevant policies and By-laws, and the assessment of potential issues related to constructability, right of way impacts and construction staging.
2. Execution of an agreement pursuant to Section 37 of the Planning Act, to the satisfaction of the General Manager of the Planning, Real Estate and Economic Development Department where such an agreement is required in accordance with the City’s Section 37 Implementation Guidelines.

The following provisions deal with Section 37 of the Planning Act :

1. Pursuant to Section 37 of the Planning Act, the height and density of development permitted in this by-law are permitted 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 34 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.
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 34 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 the 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.

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.

- A maximum of 60% 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 m, 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 5.2 m from the nearest edge of the sidewalk.

- A chimney, chimney box, fireplace box, eaves, eave-troughs, gutters and ornamental elements such as sills, belts, cornices, parapets and pilasters may project 1 m into a required interior side yard but no closer than 0.2 m to the lot line.

- Balconies and porches may project to within 0.6 m from the side lot line abutting a street and may project to within 0.0 m of an interior lot line and corner lot line.

- The steps of a porch may project 2.5 m into a required yard, but may be no closer than:

1. 0.5 m from a front lot line and side lot line;
2. 0.2 m from a side lot line abutting a street; and
3. 0.0 m from a corner lot line.

- Any portion of a deck with a walking surface higher than 0.3 m but no higher than 0.6 m above adjacent grade may project to within 0.6 m of a front lot line, side lot line abutting a street and/or corner lot line, and any portion of a deck with a walking surface equal to or less than 0.3 m may project to within 0.3 m of a front lot line, side lot line abutting a street and/or corner lot line.

- An air-conditioning condenser unit may project 2 m, but no closer than 0.2 m to a lot line. And the air conditioning condenser may not be located in a front yard except in the case of a back-to-back multiple dwelling or townhouses with rear lane access but may be located in a corner side yard.

- Section 57 does not apply.

- In the case of a home based business operating within a townhouse or semi-detached dwelling, a parking space is only required if a non-resident employee works on-site.

- For the northernmost lot on Canoe Street, it is not considered a corner lot for zoning purposes and where lot lines abut a street, they are considered one front lot line.

- Zone requirements for detached dwellings:

1. Minimum lot area: 220 m2
2. Minimum front yard setback 3 m
3. Minimum total interior side yard setback is 1.8 m with a minimum of 0.6 m 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.
4. Minimum corner side yard setback: 2.5 m, despite the foregoing, no more than two portions of the building, not exceeding a total floor area of 3 m2 may be located no closer than 2 m from the side lot line abutting a street.
5. Maximum lot coverage: 55%
6. Minimum rear yard setback may be reduced to 4.5 m width for a maximum of 50% of the lot width, the total area of the contiguous rear and interior yards must not be less than 54 m2.
7. For a detached dwelling on a corner lot:
   1. Minimum rear yard setback may be reduced to 2.5 m for part of the building that is no higher than 4.5 m and any part of the building, excluding projections, located less than 6 m from the rear lot line must be located at least 4 m from any interior side lot line.
   2. Detached dwellings on corner lots must keep street facing side yards consistent in the quality and detail of the front elevation.

- Zone requirements for semi-detached and townhouse dwellings:

1. Minimum lot area: 137 m2
2. Minimum lot width: 5.5 m
3. Minimum front yard setback: 0 m
4. Minimum interior side yard setback: 1.5 m
5. Minimum corner side yard setback: 2.5 m
6. Maximum building height: 14 m
7. Maximum lot coverage: 65%
8. Minimum rear yard setback may be reduced to 4.5 m for a maximum of 50% of the lot width, the total area of the contiguous rear and interior yards must not be less than 33m2
9. Balconies and porches, including those higher than 0.6 m above adjacent grade, may project to within 1.0 m from the front lot line, may project to within 0.6 m from the side lot line abutting a street, and may project to within 0.0 m of an interior lot line and corner lot line.

- Zone requirements for townhouse dwellings with access to a rear lane:

1. Minimum lot area 110 m2
2. Minimum lot width 5.5 m
3. Minimum front yard setback 3 m
4. Minimum rear yard setback: 0 m
5. Minimum interior side yard setback: 1.5 m
6. Minimum corner side yard: 2.5 m
7. Maximum building height: 14 m
8. Maximum lot coverage: no maximum
9. The area of the driveway can cover 100% of the yard in which it is located.
10. Outdoor amenity area is permitted on top of garages.
11. Where access is via the rear lane, the minimum rear yard setback may be reduced to 0 m, and the width of the garage, carport or driveway may be the width of the entire rear yard.

Balconies and porches, including those higher than 0.6 m above adjacent grade, may project to within 1.0 m from the front lot line, may project to within 0.6 m from the side lot line abutting a street, and may project to within 0.0 m of an interior lot line and corner lot line.

Zone requirements for detached dwellings:

• Minimum lot area: 195 m2
• Minimum lot width: 9m
• Minimum front yard setback: 3m
• Minimum front yard setback for an attached garage: 3.5m.
• Minimum interior side yard setback: Total 1.8m, with one minimum no less than 0.6m
• Where there is a corner lot, the minimum interior side yard setback is 0.6m
• Minimum corner side yard setback: 2.5m
• Despite the foregoing, no more than two portions of the building, not exceeding a total floor area of 3m2, may be located no closer than 2 m from the side lot line abutting a street.
• Detached dwellings on corner lots must keep street facing side yards consistent in the quality and detail of the front elevation.
• Minimum rear yard setback: 6m
• The rear yard setback may be reduced to a minimum of 4.5 m for a maximum of 50% of the lot width, the total area of the rear yard must not be less than 54 m2
• For a corner lot, the minimum rear yard setback may be reduced to 2.5 m for part of the building that is no higher than 4.5 m and any part of the building, excluding projections, located less than 6 m from the rear lot line must be located at least 4 m from any interior side lot line.
• Maximum building height: 12m
• Maximum lot coverage: 55%

Zone requirements for townhouse dwellings:

• Minimum lot area: 137m2
• Minimum lot width: 5.5m
• Minimum front yard setback: 3m
• Minimum interior side yard setback: 1.5m
• Minimum corner side yard: 1.5m
• Minimum rear yard setback: 6m
• Minimum rear yard setback may be reduced to a minimum of 4.5 m for a maximum of 50% of the lot width, the total area of the rear yard must not be less than 33 m2.
• Maximum building height: 14m
• Maximum lot coverage: 65%

Zone requirements for townhouse with rear lane access dwellings:

• Minimum lot area: 110 m2
• Minimum lot width: 5.5m
• Minimum front yard setback: 3m
• Minimum interior side yard setback: 1.5m
• Minimum corner side yard: 2.5m
• Minimum rear yard setback: 0m
• Maximum building height: 14m
• Maximum lot coverage: No maximum

General Provisions:

1. A maximum of 60% 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 m, must be landscaped with soft landscaping, except where the side lot line abuts New Greenbank Road.
2. 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 5.2 m from the nearest edge of the sidewalk
3. Despite Table 65 Row 6(b), the steps of a porch may project 2.5 m into a required yard but may be no closer than 0.2 m from a lot line other than a corner lot line abutting a street, from which they can be as close as 0m.
4. Balconies and porches, including those higher than 0.6 m above adjacent grade, may project to within 1.0 m from the front lot line and 0.6 m from a side lot line abutting a street, and may project to within 0.0 m of an interior lot line and corner lot line.
5. Despite Table 65, Row 8, an air conditioning condenser unit may project 2 m, but no closer than 0.2 m to a lot line. An air conditioning condenser unit may not be located in a corner side yard except in the case of a townhouse dwelling and may not be located in a front yard except in the case of a townhouse with rear lane access and back-to-back townhouse dwellings.
6. In the case of a home based business operating within a townhouse, back-to-back townhouse, or semi-detached dwelling, a parking space is only required if a non-resident employee works on-site.

Section 136 does not apply.

Zone requirements for back-to-back townhouse dwellings:

• Minimum lot area: 81 m2
• Minimum lot width: 5.5m
• Minimum front yard setback: 3m
• Minimum interior side yard setback: 1.5m
• Minimum corner side yard setback: 2.5m
• Minimum rear yard setback: 0m
• Maximum building height: 14m
• Maximum lot coverage: No maximum

General Provisions:

1. A maximum of 60% 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 m, must be landscaped with soft landscaping, except where the side lot line abuts New Greenbank Road and except in the case of a back-to-back townhouse, where a maximum of 75% of the area of the front yard may be used for driveway/parking and storage enclosure.
2. 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 m into a required interior side yard but no closer than 0.2 m to the lot line.
3. Despite Table 65, Row 6(b), balconies, and porches may project to within 0.6 m of a side lot line abutting a street and 0 m of a corner lot line.
4. Despite Table 65 Row 6(b), the steps of a porch may be no closer than 0.5 m to a front lot line and 0.2 m to a side lot line abutting a street.
5. Despite Table 65, Row 6(a), any portion of a deck with a walking surface higher than 0.3 m but no higher than 0.6 m above adjacent grade may project to within 0.6 m of a front lot line or side lot line abutting a street, and any portion of a deck with a walking surface equal to or less than 0.3 m may project to within 0.3 m of a front lot line or side lot line abutting a street.
6. Despite Table 65, Row 8, an air conditioning condenser unit may project 2 m, but no closer than 0.2 m to a lot line and cannot be located in a corner side yard.
7. Section 57 does not apply.
8. In the case of a home based business operating within a townhouse, back-to-back townhouse, or semi-detached dwelling, a parking space is only required if a non-resident employee works on-site.
9. Section 136 does not apply.
10. Despite Section 102 – Table 102, no visitor parking is required on the same lot as a townhouse without a garage.
11. Despite Section 107(3)(b), driveways may be located in a front yard if the permitted parking space is also in the front yard.
12. Despite Section 109(3), the required parking space may be established in a required and provided front yard.
13. Balconies and porches, including those higher than 0.6m above adjacent grade, may project to within 0 m of an interior lot line.
14. Storage enclosures are permitted to project 2.5 m to the front lot line.

• Maximum building height: 8 m
• Minimum distance between a parking lot and a residential zone: 25 m.

For a Planned Unit Development comprised of stacked dwellings:

1. Minimum rear yard setback: 6.0 m
2. Where the lot line abuts Aviation Parkway:
   1. For the lot line that is 40.00 m, the minimum setback is 6.0 m
   2. In all other cases the minimum is 3.0 m
3. Minimum interior side yard setback: 3.0 m
4. Required or provided resident parking may be provided as parallel parking on a private way, provided the private way when combined with the parallel parking width, has a minimum width of 8.5 m.
5. Section 139(1) does not apply.
6. Section 144 does not apply.
7. Section 107(3)(b)(i) does not apply.

The following applies to a day care:

• Two front yard parking spaces are permitted at 986 Frances Street
   
• Two required parking spaces for 982 and 986 Frances Street may be provided at 998 Frances Street.

• Minimum front yard setback for any portion of the building higher than 15 metres: 0 metres
• Minimum western interior side yard setback for the tower portion (for the purpose of this section, a tower is defined as the portion of the building above the podium): 7 metres
• Minimum setback from Ashton Avenue: 3.8 metres
• Non-residential uses shall not have frontage and/or an active façade on Ashton Avenue.

Provisions Dealing with Section 37 of the Planning Act:

1. 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 36 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 ii. 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 36 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.
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.

(Subject to By-law 2022-117)

1. Zone requirements for townhouse dwellings:

• Minimum lot area: 137 m2
• Minimum lot width: 5.5 m
• Minimum front yard setback: 3.0 m
• Minimum interior side yard setback: 1.5 m
• Minimum corner side yard: 2.3 m
• Maximum building height: 14 m
• Maximum lot coverage: 65%

2. A maximum of 60% 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 m, must be landscaped with soft landscaping.
3. 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 5.2 m from the nearest edge of the sidewalk.
4. A chimney, chimney box, fireplace box, eaves, eave-troughs, gutters and ornamental elements such as sills, belts, cornices, parapets and pilasters may project 1 m into a required interior side yard but no closer than 0.2 m to the lot line.
5. Balconies and porches may project to within 0 m of a corner lot line.
6. The steps of a porch may project 2.5 m into a required yard but may be no closer than 0.5 m from a lot line other than a corner side lot line, from which they can be as close as 0 m.
7. Any portion of a deck with a walking surface higher than 0.3 m but no higher than 0.6 m above adjacent grade may project to within 0.6 m of a lot line, and any portion of a deck with a walking surface less than 0.31 m may project to within 0.3 m of a lot line.
8. An air conditioning condenser unit may project 1 m, but no closer than 0.2 m to a lot line and may not be located in a front yard except in the case of a back-to-back multiple dwelling and may not be located in a corner side yard except in the case of a townhouse dwelling.
9. In the case of a home-based business operating within a townhouse or semi-detached dwelling, a parking space is only required if a non-resident employee works on-site.
10. Section 136 does not apply.

(Subject to By-law 2022-117)

1. Zone requirements for back-to-back townhouse dwellings:
    

• Minimum lot area: 81 m2
• Minimum lot width: 5.5m
• Minimum front yard setback: 3m
• Minimum interior side yard setback: 1.5m
• Minimum corner side yard setback: 2.5m
• Minimum rear yard setback: 0m
• Maximum building height: 14m
• Maximum lot coverage: No maximum

2. A maximum of 75 per cent of the area of the front yard may be used for driveway/parking and storage enclosures.
3. 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 m into a required interior side yard but no closer than 0.2 m to the lot line.
4. Despite Table 65, Row 6(b), balconies and porches may project to within 0.6 m of a side lot line abutting a street and 0 m of a corner lot line.
5. Despite Table 65 Row 6(b), the steps of a porch may be no closer than 0.5 m to a front lot line and 0.2 m to a side lot line abutting a street.
6. Despite Table 65, Row 6(a), any portion of a deck with a walking surface higher than 0.3 m but no higher than 0.6 m above adjacent grade may project to within 0.6 m of a front lot line or side lot line abutting a street, and any portion of a deck with a walking surface equal to or less than 0.3 m may project to within 0.3 m of a front lot line or side lot line abutting a street.
7. Despite Table 65, Row 8, an air conditioning condenser unit may project 2 m, but no closer than 0.2 m to a lot line and cannot be located in a corner side yard.
8. Section 57 does not apply.
9. In the case of a home-based business operating within a townhouse, back-to-back townhouse, or semi-detached dwelling, a parking space is only required if a non-resident employee works on-site.
10. Section 136 does not apply.
11. Despite Section 102 – Table 102, no visitor parking is required on the same lot as a townhouse without a garage.
12. Despite Section 107(3)(b), driveways may be located in a front yard if the permitted parking space is also in the front yard.
13. Despite Section 109(3), the required parking space may be established in a required and provided front yard.
14. Balconies and porches, including those higher than 0.6m above adjacent grade, may project to within 0 m of an interior lot line.
15. Storage enclosures are permitted to project 2.5 m into a front yard.

(By-law 2022-116)

The following provision apply to an Apartment Dwelling, Low-Rise

• Minimum FrontYard Setback: 1.5m
• Minimum Interior Side Yard: 0.6m
• Minimum Rear Yard Setback: 5.0m
• Minimum required parking and visitor parking: 0
• Minimum width of landscaped area: No minimum
• Table 137(3) does not apply and a minimum of 40 m2 of amenity space shall be provided. 100% of the space may be provided as communal space.

Section 139 does not apply.

2778

By-law 2022-171

-Maximum building heights and minimum building setbacks are as per Schedule 455

-Minimum aisle width for a bicycle parking space: 1.2 m

-Permitted projections listed in Section 64 and 65 are not subject to the height limits identified on Schedule 455.

2779

By-law 2022-172