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PART 5: LOW DENSITY RESIDENTIAL DISTRICTS
Division 1: General Rules for Low Density Residential Land Use Districts
Projections Into Setback Areas
2
Portions of a building located above the surface of the ground may project into a setback area only in accordance with the rules contained in this Part.
3
Portions of a building below the surface of the ground may extend without any limits into a setback area, with the exception of the required front setback area.
Length of Portions of a Building in Setback Areas
335
1
On each storey, the total combined length of all projections into any setback area must not exceed 40.0 per cent of the length of the façade.
a
decks , eaves, porches as described in sections 336 and 339.1, ramps, and stairs when located in any setback area; and
Projections Into Front Setback Area
336
1
Unless otherwise referenced in subsection (6), bay windows and eaves may project a maximum of 0.6 metres into the front setback area.
2
Landings, ramps other than wheelchair ramps and stairs may project into a front setback area provided:
b
the setback of the porch from the front property line is not less than the minimum setback in the district;
c
the maximum height of the porch platform is 1.2 metres measured from grade, excluding stairs and a landing area not exceeding 2.5 square metres; and
d
the portion of the porch that projects into a front setback area is unenclosed, other than by a railing, balustrade or privacy walls located on porches between attached units.
6
Eaves may project an additional 0.6 metres from a porch into the front setback area, as described in subsection 5.
1.1
Portions of a building greater than or equal to 2.4 metres above grade may project a maximum of 0.6 metres into any side setback area.
1.2
Portions of a building less than 2.4 metres above grade may project a maximum of 0.6 metres into a side setback area:
a
for a Contextual Semi-detached Dwelling and a Semi-detached Dwelling, only where the side setback area is on the street side of a corner parcel; and
ii
where at least one side setback area is clear of all portions of the building measure from grade to a height of 2.4 metres; or
iii
where the side setback area contains a private maintenance easement required by this Bylaw and no portion of the building projects into the required private maintenance easement.
2
Window wells and portions of a building, other than eaves, must not project into a 3.0 metre side setback area required on a laneless parcel.
5
Landings , ramps other than wheelchair ramps and stairs may project in a side setback area provided:
c
the area of any portion of a landing that projects into the side setback area does not exceed 1.8 square metres;
e
they are not located in a side setback area required to be clear of projections, unless pedestrian access from the front to the rear of the parcel is provided.
8
Any portion of a building that projects into a side setback area, other than eaves, landings, window wells, ramps and stairs, must not be located closer than 0.9 metres from the nearest front façade.
Projections Into Rear Setback Area
338
1
Stairs, air conditioning equipment and window wells may project without limits into any rear setback area.
2
Awnings, balconies, bay windows, canopies, chimneys, decks , eaves, fireplaces, fire escapes, landings, porches, and ramps other than wheelchair ramps may project a maximum of 1.5 metres into any rear setback area.
3
A private garage attached to a building may project without limits into a rear setback area provided it:
b
does not exceed 75.0 square metres in gross floor area for each Dwelling Unit located on the parcel;
4
When an attached private garage has a balcony or deck , the balcony or deck must not be located within 6.0 metres of a rear property line or 1.2 metres of a side property line.
Patios
338.1
1
Unless otherwise referenced in subsections (2) and (3), a privacy wall may be located on a patio, provided it does not exceed a height of 2.0 metres when measured from the surface of the patio.
2
A privacy wall located on a patio must not exceed 2.0 metres in height, when measured from grade and when the privacy wall is located within:
3
A privacy wall located on a patio must not exceed 1.2 metres in height when measured from grade when the privacy wall is located between the foremost front façade of the main residential building and the front property line.
Decks
339
1
The height of a deck in the Developing Area must not exceed 0.3 metres above the main floor level of the closest main residential building on the parcel.
a
1.5 metres above grade at any point, except where the deck is located on the same façade as the at-grade entrance to a walkout basement; and
b
must not be located between the foremost front façade of the main residential building and the front property line.
3
A deck attached to a Contextual Semi-detached Dwelling, Semi-detached Dwelling, Rowhouse Building or Townhouse within 1.2 metres of a party wall must have a solid privacy wall that:
Porches
339.1
In a Developed Area, a porch is exempt from parcel coverage where:
b
the porch is unenclosed on a minimum of two sides, other than by a railing, balustrade or privacy walls located on porches between attached units when the porch is at or exceeds the contextual front setback; and
Balconies
340
1
Unless otherwise referenced in this Part, an open balcony must not project more than 1.85 metres from the building façade to which it is attached.
2
Unless otherwise referenced in this Part, the floor area of a recessed balcony must not exceed 10.0 square metres.
b
must not be located between the foremost front façade of the main residential building and the front property line.
3
A balcony attached to a Contextual Semi-detached Dwelling, Semi-detached Dwelling, Rowhouse Building or Townhouse within 1.2 metres of a party wall must have a solid privacy wall that:
Driveways
a
be a minimum of 6.0 metres in length along the intended direction of travel for vehicles and measured from:
3
A driveway connecting a lane to a private garage must be a minimum of 0.60 metres in length along the intended direction of travel for vehicles, measured from the property line shared with the lane to the door of a private garage.
5
That portion of a driveway, including a motor vehicle parking stall, within 6.0 metres of a public sidewalk, or a curb on a street where there is no public sidewalk, must not exceed a width of:
6
In the Developed Area a driveway accessing a street must not be constructed, altered or replaced except where:
b
it is located on a laned parcel and 50.0 per cent or more parcels on the same block face have an existing driveway accessing a street ; or
8
Where a parcel is the subject of development, the Development Authority must not require the removal of a legally existing driveway accessing a street even where the proposed development is a discretionary use.
Retaining Walls
342
1
A retaining wall must be less than 1.2 metres in height when measured from the lowest grade at any point adjacent to the retaining wall to the highest grade retained by the retaining wall.
2
A minimum horizontal separation of 1.0 metre must be maintained between retaining walls on the same parcel.
Fences
a
1.2 metres for any portion of a fence extending between the foremost front façade of the main residential building and the front property line;
Solar Collectors
a
a maximum of 0.5 metres from the surface of a roof, when the solar collector is located 5.0 metres or less from a side property line , measured directly due south from any point along the side property line ; and
3
A solar collector mounted on a roof with a pitch of 4:12 or greater, may project a maximum of 1.3 metres from the surface of a roof.
Skateboard and Sports Ramps
343.2
1
All skateboard and sports ramp structures must be located within the maximum envelope dimensions of 1.5 metres high by 5.0 metres wide by 6.0 metres long.
6
All skateboard and sports ramp structures must be located between the rear façade of the main residential building and the rear property line.
8
All skateboard and sports ramp structures, including railings for safety purposes, must be located a minimum of 1.2 metres from a side property line.
9
All skateboard and sports ramp structures, including railings for safety purposes, must be located a minimum of 1.2 metres from a rear property line.
11
A skateboard and sports ramp must not be attached to a deck, another structure, fence, or building such as, but not limited to, a main residential building, Backyard Suite or Accessory Residential Building.
Objects Prohibited or Restricted
4
A large vehicle must not remain on a parcel except while actively engaged in loading or unloading. Only one large vehicle may remain on a parcel while actively engaged in loading or unloading.
a
not be located in an actual front setback area or in an actual side setback area where the parcel shares a property line with a street ;
6
Subsection (5) does not apply to a satellite dish greater than 1.0 metre in diameter when the applicant demonstrates:
8
A Power Generation Facility — Small with a capacity greater than 100kW must not be located on a parcel when the principal use on the parcel is a Contextual Single Detached Dwelling, Contextual Semi-detached Dwelling, Duplex Dwelling, Single Detached Dwelling, or Semi-detached Dwelling.
Accessory Residential Building
345
1
Unless otherwise referenced in subsection (2), the minimum building setback for an Accessory Residential Building is:
2
The minimum building setback for an Accessory Residential Building that does not share a side or rear property line with a street may be reduced to zero metres when:
b
the wall of the Accessory Residential Building is constructed of maintenance-free materials and there is no overhang of eaves onto an adjacent parcel; or
i
be registered against the title of the parcel proposed for development and the title of the adjacent parcel; and
4
A private garage on a laneless parcel may be located within the required 3.0 metre side setback area, except along the street side of a corner parcel.
5
The minimum distance between any façade of an Accessory Residential Building 10.0 square metres or more and a main residential building is 1.0 metres.
iv
has a maximum height of 1.5 metres when measured from the attic floor to the underside of any rafter.
Restrictions on Use of Accessory Residential Building
346
1
The finished floor of an Accessory Residential Building, other than a private garage, must not exceed 0.6 metres above grade.
2
An Accessory Residential Building must not be used as a Dwelling Unit, unless a Backyard Suite has been approved.
c
the calculation to determine the area of a parcel covered by Accessory Residential Buildings must not include any Accessory Residential Buildings with a cumulative gross floor area of 10.0 square metres or less.
5
All roof drainage from an Accessory Residential Building must be discharged onto the parcel on which the building is located.
General Landscaping Rules for the Developed Areas
c
must be maintained on the parcel for a minimum of 24 months after issuance of a development completion permit;
e
are not required to be shown on a plan that is part of an application for development permit unless subject to subsection (f); and
f
may be provided through the planting of a new tree in an adjacent boulevard to the parcel approved by the Development Authority for a Duplex Dwelling, Semi-detached Dwelling or Single Detached Dwelling.
2
A minimum of 2.0 trees must be provided for each unit of a Contextual Semi-detached Dwelling, Duplex Dwelling, Rowhouse Building or Semi-detached Dwelling.
3
Where a Contextual Single Detached Dwelling or Single Detached Dwelling is located on a parcel with a parcel width less than or equal to 10.0 metres a minimum of 2.0 trees must be provided.
4
Where a Contextual Single Detached Dwelling or Single Detached Dwelling is located on a parcel with a parcel width greater than 10.0 metres a minimum of 3.0 trees must be provided.
Contextual Single Detached Dwelling
c
must not have windows that are located beyond the rear façade of a main residential building on an adjoining parcel unless:
iv
there is a minimum distance of 1.5 metres between the finished floor and the bottom of the window sill;
d
must not have a roof slope less than 4:12 within 1.5 metres of the horizontal plane forming the maximum building height;
e
must not be located on a parcel where the difference between the average building reference point is greater than 2.4 metres; and
i
where it forms part of the front façade and is not recessed back more than 4.5 metres from the front façade; or
i
it does not form part of the side façade unless the side façade is on the street side of a corner parcel;
ii
a privacy wall is provided where the balcony is facing a side property line shared with a parcel; and
iii
the privacy wall is a minimum of 2.0 metres in height and a maximum of 3.0 metres in height; and
c
must not have a balcony with a height greater than 6.0 metres, when measured vertically at any point from grade to the platform of the balcony.
3
Where a Contextual Single Detached Dwelling is located on a parcel with a parcel width less than or equal to 10.0 metres the maximum building depth is the greater of:
4
Where a Contextual Single Detached Dwelling is located on a parcel with a parcel width greater than 10 metres the maximum building depth is the contextual building depth average.
5
Where a Contextual Single Detached Dwelling is located on a parcel with a parcel width greater than 10.0 metres, the maximum area of a horizontal cross section through each storey above the first storey must not exceed the building coverage.
6
Where a private garage is attached to a Contextual Single Detached Dwelling, the maximum building coverage is the maximum parcel coverage which must be reduced by 21.0 square metres for each required motor vehicle parking stall.
Contextual Semi-detached Dwelling
i
the principal front façade of one unit staggered a minimum of 0.6 metres behind the principal front façade of the other unit; and
ii
the principal rear façade of one unit staggered a minimum of 0.6 metres behind the principal rear façade of the other unit;
c
located on a corner parcel must have an exterior entrance which is visible from the street side of the corner parcel;
e
must not have windows that are located beyond the rear façade of a contextual adjacent building on an adjoining parcel unless:
iv
there is a minimum distance of 1.5 metres between the finished floor and the bottom of the window sill; and
f
must not have a roof slope less than 4:12 within 1.5 metres of the horizontal plane forming the maximum building height;
g
must not be located on a parcel where the difference between the average building reference points is greater than 2.4 metres;
h
must not have an exterior entrance from grade located on a side façade, unless the entrance provides access to a Secondary Suite or is located on the street side of a corner parcel.
i
it forms part of the front façade and is not recessed back more than 4.5 metres from the front façade; or
i
it does not form part of the side façade unless the side façade is on the street side of a corner parcel;
ii
a privacy wall is provided where the balcony is facing a side property line shared with a contextual adjacent building; and
iii
the privacy wall is a minimum of 2.0 metres in height and a maximum of 3.0 metres in height; and
c
must not have a balcony with a height greater than 6.0 metres, when measured vertically at any point from grade to the platform of the balcony.
4
Where a private garage is attached to a Contextual Semi-detached Dwelling, the maximum building coverage is the maximum parcel coverage which must be reduced by 21.0 square metres for each required motor vehicle parking stall.
5
A Contextual Semi-detached Dwelling must not be located on a parcel that contains more than one main residential building.
Visibility Setback
348
Within a corner visibility triangle, buildings, fences, finished grade of a parcel and vegetation must not exceed the lowest elevation of the street by more than 0.75 metres above lowest elevation of the street .
Roof Equipment Projection
349
1
There is no vertical projection limit from the surface of a roof on a building for antennae, chimneys and wind powered attic ventilation devices.
2
Mechanical equipment may project a maximum of 0.3 metres from the surface of a roof on a building.
351
1
For a Secondary Suite the minimum building setback from a property line, must be equal to or greater than the minimum building setback from a property line for the main residential building.
2
Except as otherwise stated in subsections (2.1) and (3) the maximum floor area of a Secondary Suite, excluding any area covered by stairways and landings, is 100.0 square metres:
2.1
There is no maximum floor area for a Secondary Suite wholly located in a basement. Internal landings and stairways providing access to the basement may be located above grade.
3
The maximum floor area of a Secondary Suite may be relaxed by the Development Authority to a maximum of 10.0 per cent.
2
Unless otherwise specified in the district, for a Backyard Suite, the minimum building setback from a side property line is 1.2 metres for any portion of the building used as a Backyard Suite.
3
Unless otherwise referenced in subsections (3.1) and (3.2), a minimum separation of 5.0 metres is required between the closest façade of the main residential building to the closest façade of a Backyard Suite.
3.1
The minimum façade separation in subsection (3) may be reduced to 1.5 metres where amenity space is provided at grade that:
3.2
(a) Where portions of a Backyard Suite meet the requirements of subsection (b) these portions may project:
i
into a setback area from a property line shared with a street or a lane to a minimum building setback of 0.6 metres from the shared property line; and
ii
0.6 metres into the minimum separation area required in subsection (3) or the amenity space required in subsection (3.1);
i
not exceed 40.0 per cent of the length of the façade on each storey for the total combined length of all projections;
4
Unless otherwise referenced in subsection (4.1), the maximum building height for a Backyard Suite is 7.5 metres.
a
5.0 metres measured from grade at a side property line shared with a parcel designated with a low density residential district;
b
3.0 metres measured from grade at a rear property line shared with a parcel designated with a low density residential district; and
c
increases at a 45 degree angle to a maximum of 7.5 metres at a proportional distance from the shared property line.
5
The maximum floor area of a Backyard Suite, excluding any area covered by stairways and internal landings not exceeding 2.5 square metres, is 75.0 square metres.
6
The maximum floor area of a Backyard Suite may be relaxed by the Development Authority to a maximum of 10.0 per cent.
b
includes a privacy wall that screens the balcony from a property line shared with a parcel designated with low density residential district where:
9
A balcony attached to a Backyard Suite may project into a required setback area from a property line shared with a street or a lane to a minimum setback of 0.6 metres from the property line.
354
1
There must not be more than one Backyard Suite located on a parcel, except in the R-CG and R-2M Districts where one Backyard Suite may be located on any bare land unit.
3
A Secondary Suite or a Backyard Suite must not be separated from the main residential use on a parcel by the registration of a condominium or subdivision plan.
357
Where a parcel is legally existing or approved prior to the effective date of this Bylaw and the parcel width, parcel depth or the area of the parcel is less than the minimum required in a district the parcel is deemed to conform to the minimum requirement of this Bylaw provided that the use of the parcel is not being intensified.
Dwellings Deemed Conforming
358
1
Decks greater than 1.5 metres in height, landings, retaining walls and window wells that are legally existing or approved prior to the effective date of this Bylaw are deemed to conform with the requirements of this Bylaw.
2
When a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling, Duplex Dwelling, Semi-detached Dwelling or Single Detached Dwelling has been constructed in accordance with this Bylaw, and is located in a Developed Area, the maximum building height, minimum building setback from a front property line and maximum building depth determined at the time of the development are the requirements until further development occurs on the parcel.
3
The building setback from the front property line for a Duplex Dwelling, Semi-detached Dwelling or Single Detached Dwelling in the Developed Area is deemed to conform with the requirements of this Bylaw if:
a
the Duplex Dwelling, Semi-detached Dwelling or Single Detached Dwelling was legally existing or approved prior to the effective date of this Bylaw;
ii
has been added to after the effective date of this Bylaw and the addition complies with the requirements specified in this Bylaw for a building setback from the front property line.
4
The building height for a Duplex Dwelling,Semi-detached Dwelling or Single Detached Dwelling in the Developed Area is deemed to conform with the requirements of this Bylaw providing:
a
the Duplex Dwelling,Semi-detached Dwelling or Single Detached Dwelling was legally existing or approved prior to the effective date of this Bylaw; and
5
A relaxation or variance of one or more rules applicable to an Accessory Residential Building, Duplex Dwelling, Semi-detached Dwelling or Single Detached Dwelling granted by a development permit under a previous Land Use Bylaw is deemed to continue to be valid under this Bylaw.
6
The building depth and building height for a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling, Duplex Dwelling, Semi-detached Dwelling or Single Detached Dwelling is deemed to conform with the requirements of this Bylaw if the building was legally existing or approved prior to the parcel being redesignated by Bylaw 21P2024.
Personal Sales
359
Personal sales may be conducted on a parcel a total of eight days in any calendar year.
Building Height
360
1
Unless otherwise referenced in (5), the building height of a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling, Duplex Dwelling, Semi-Detached Dwelling and Single Detached Dwelling, must not exceed a height plane described in this section.
2
When the difference between the average building reference point at the front corners of the parcel and those at the rear of the parcel is greater than or equal to 1.0 metres, the building height must not be greater than a height plane that:
c
extends horizontally towards the opposite end of the parcel to a point that is 5.5 metres closer than the point on the foundation which is furthest from the highest average building reference point; and
3
When the difference between the average building reference points at the front corners of the parcel and those at the rear of the parcel is less than 1.0 metres, the building height must not be greater than the height plane that:
Illustration 1:
Building Height Subsection 360(2))
Building Height Subsection 360 (3)
5
The building height for an addition to a main residential building is measured from grade at any point adjacent to the addition when the addition is less than or equal to:
361
1
In addition to the rules of sections 360 (2) and (3), for a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling, Duplex Dwelling, Semi-Detached Dwelling and Single Detached Dwelling located on a corner parcel, the building height must not be greater than a height plane that intersects the horizontal portion of the height plane described in section 360 at a point that is 4.5 metres from the street side property line, and extends downward toward the street side property line at a 4:12 slope.
Illustration 2:
Building Height on a Corner Parcel
Subsection 361(1)
Approved Building Grade Plans
363
All building reference points must be in accordance with a building grade plan.
Exempt Additions
365
In order for the exemption in section 25(2)(a) to apply to an exterior alteration or addition to an existing Duplex Dwelling, Semi-detached Dwelling or Single Detached Dwelling:
ii
10.0 square metres in floor area for any portion not exceeding the highest point of the existing roof;
b.2
the addition or exterior alteration to a building is not required to comply with the maximum building depth specified in the district where the minimum building setback from the rear property line is 7.5 metres or greater;
i
reduce the existing building setback from a front property line a maximum of 1.5 metres, or 1.8 metres for a porch, provided the building will comply with the minimum setback from a front property line specified in the district; and
ii
reduce the existing building setback from rear property line a maximum of 4.6 metres provided the building will comply with the minimum setback from a rear property line specified in the district; and
i
of section 347(1)(c) where there is a new window opening being created or where an existing window is being moved or enlarged; and
ii
of section 347(2) where a new balcony is being constructed or an existing balcony is being altered.
Cottage Housing Cluster
365.1
1
Unless otherwise referenced in subsection (2), the minimum separation distance between cottage buildings is 3.0 metres.
2
When a common amenity space — outdoors is located between two cottage buildings, the minimum separation distance between those buildings is 6.0 metres.
5
The maximum gross floor area of any individual storey of a Dwelling Unit in a cottage building is 100.0 square metres.
8
For Dwelling Units in a cottage building that are located on the floor closest to grade, a private amenity space must be provided in the form of a patio, porch or deck.
9
For Dwelling Units in a cottage building that are located entirely above a private garage, a private amenity space must be provided in the form of a patio, deck or balcony.
10
Common outdoor amenity space required for each Cottage Housing Cluster must be provided at grade, and
11
Private amenity space is not to be included in the calculation to determine the required common amenity space in subsection (10).
12
Unless otherwise referenced in subsection (13), for a parcel containing a Cottage Housing Cluster the provisions referenced in sections 334, 335, 336, 337 and 338 do not apply.
14
One Accessory Residential Building less than 10.0 square metres, not including a private garage, may be provided for each cottage building.
15
For a parcel containing a Cottage Housing Cluster garbage and waste material must be stored, prior to collection, either:
ii
must not be located in an actual side setback area on the public street side of a corner parcel; and
16
A garbage container enclosure on a parcel containing a Cottage Housing Cluster may be located in a setback area provided that:
18
Motor vehicle parking stalls in a Cottage Housing Cluster must not be located between the common amenity space and a cottage building.
19
Unless otherwise referenced in subsection (20) access to motor vehicle parking stalls and private garages in a Cottage Housing Cluster must be from a lane.
20
For a Cottage Housing Cluster located on a laneless parcel access from a street to motor vehicle parking stalls and private garages may be provided via a single shared driveway.