Bylaw test

Building Setback from Side Property Line

470 1 For a laned parcel, the minimum building setback from any side property line is 1.2 metres.

2 For a laneless parcel, the minimum building setback from any side property line is:

a 1.2 metres; or

b 3.0 metres on one side of the parcel, when no provision has been made for a private garage on the front or side of a building.

3 For a corner parcel, the minimum building setback from a side property line shared with a street is 1.2 metres, provided there is no portion of a building, except for a projection allowed in 337(3), located within 3.0 metres of:

a the back of the public sidewalk; or

b the curb where there is no public sidewalk.

4 The building setback required in subsection 2(b) may be reduced where the owner of the parcel proposed for development and the owner of the adjacent parcel register, against both titles, an exclusive private access easement:

a where the width of the easement, in combination with the reduced building setback, must be at least 3.0 metres; and

b that provides unrestricted vehicle access to the rear of the parcel.

5 One building setback from a side property line may be reduced to zero metres where:

3P2010

a the owner of the parcel proposed for development and the owner of the adjacent parcel register, against both titles, a minimum 1.5 metre private maintenance easement that provides for:

i a 0.30 metre eave encroachment easement with the requirement that the eaves must not be closer than 0.90 metres to the eaves on a building on an adjacent parcel; and

ii a 0.60 metre footing encroachment easement; and

b all roof drainage from the building is discharged through eavestroughs and downspouts onto the parcel on which the building is located.

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3P2010