PART 5: LOW DENSITY RESIDENTIAL DISTRICTS

Division 1: General Rules for Low Density Residential Land Use Districts

Projections Into Setback Areas

334      (1)              Unless otherwise referenced in this Part, buildings must not be located in any setback area.

(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.

(4)              Patios and wheelchair ramps may project without any limits into a setback area.

(5)              Signs located in a setback area must be in accordance with Part 3, Division 5.

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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.

(2)              The maximum length of an individual projection into any setback area is 3.1 metres.

(3)              Subsections (1) and (2) do not apply to:

(a)        decks , eaves, ramps, and stairs when located in any setback area; and

(b)        a private garage attached to a main residential building when located in the rear setback area.

47P2008

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Projections Into Front Setback Area

336      (1)              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:

(a)        they provide access to the main floor or lower level of the building; and

(b)        the area of a landing does not exceed 2.5 square metres.

(3)              deleted 

(4)              Window wells may project without limits into any front setback area.

47P2008

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Projections Into Side Setback Area

337      (1)              deleted

(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, and window wells may project a maximum of 0.8 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

(b)       for all other uses:

(i)        when located on a corner parcel; or

(ii)       where at least one side setback area is clear of all central air conditioning equipment, window wells and portions of the building measure from grade to a height of 2.4 metres.

(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.

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(3)              Eaves may project a maximum of 0.6 metres into any side setback area.

(4)              deleted 

(5)              Landings , ramps other than wheelchair ramps and stairs may project in a side setback area provided:

(a)        they provide access to the main floor or lower level of the building;

(b)        the area of a landing does not exceed 2.5 square metres;

(c)        the area of any portion of a landing that projects into the side setback area does not exceed 1.8 square metres;

(d)        they are not located in a 3.0 metre side setback area required on a laneless parcel; and

(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.

(6)              deleted 

(7)              deleted 

(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.

(9)              Balconies and decks  must not project into any side setback area.

(10)            Central air conditioning equipment may project a maximum of 1.0 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

(b)        for all other uses:

(i)         when located on a corner parcel; or

(ii)        where at least one side setback area is clear of all central air conditioning equipment, window wells and portions of the building measured from grade to a height of 2.4 metres.

47P2008, 67P2008, 27P2011, 40P2015

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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:

(a)        does not exceed 4.6 metres in building height;

(b)        does not exceed 75.0 square metres in gross floor area ;

(c)        has no part that is located closer than 0.60 metres to the rear property line; and

(d)        has no eave closer than 0.6 metres to a side property line .

(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.

47P2008, 27P2011

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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:

(a)        a side setback area; or

(b)        6.0 metres of a rear property line.

(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.

67P2008

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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.

(2)              The height of a deck  in the Developed Area must not exceed:

(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)        0.3 metres above the main floor level of the closest main residential building on the parcel.

(2.1)           Unless otherwise referenced in subsection (3), a privacy wall located on a deck :

(a)        must not exceed 2.0 metres in height when measured from the surface of the deck ; 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:

(a)        is a minimum of 2.0 metres in height;

(b)        is a maximum of 3.0 metres in height; and

(c)        extends the full depth of the deck .

13P2008, 57P2008, 67P2008, 3P2010, 9P2012, 24P2014

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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.

(2.1)           Unless otherwise referenced in this Part, a privacy wall located on a balcony:

(a)        must not exceed 2.0 metres in height when measured from the surface of the balcony; and

(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:

(a)        is a minimum of 2.0 metres in height;

(b)        is a maximum of 3.0 metres in height; and

(c)        extends the full depth of the balcony.

(4)            deleted

13P2008, 67P2008, 9P2012, 24P2014, 15P2016

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Driveways

341      (1)              A driveway must not have direct access to a major street unless:

(a)        there is no practical alternative method of vehicular access to the parcel; and

(b)        a turning space is provided on the parcel to allow all vehicles exiting to face the major street.

(2)              A driveway connecting to a street  to a private garage must:

(a)        be a minimum of 6.0 metres in length along the intended direction of travel for vehicles and measured from:

(i)         the back of the public sidewalk to the door of the private garage; or

(ii)        a curb where there is no public sidewalk to the door of a private garage; and

(b)        contain a rectangular area measuring 6.0 metres in length and 3.0 metres in width.

(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.

(4)              Vehicles may only be parked in the actual front setback area when the vehicle is located on a driveway or motor vehicle parking stall that is hard surfaced.

(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:

(a)        6.0 metres where the parcel width is 9.0 metres or less; or

(b)        7.0 metres where the parcel width is greater than 9.0 metres and less than 15.0 metres.

(6)              In the Developed Area a driveway accessing a street  must not be constructed, altered or replaced except where:

(a)        it is located on a laneless parcel;

(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

(c)        there is a legally existing driveway that it is not being relocated or widened.

(7)              A driveway constructed, altered or replaced in accordance with subsection (6) may be extended in length.

(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.

57P2008, 13P2011, 9P2012

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Retaining Walls

342      (1)              A retaining wall must be less than 1.0 metre in height when measured from grade.

(2)              A minimum horizontal separation of 1.0 metre must be maintained between retaining walls on the same parcel.

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Fences

343      The height of a fence above grade at any point along a fence line must not exceed:

(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;

(b)        2.0 metres in all other cases; and

(c)        2.5 metres at the highest point of a gate that is not more than 2.5 metres in length.

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Solar Collectors

343.1   (1)              A solar collector may only be located on the wall or roof of a building.

(2)              A solar collector mounted on a roof with a pitch of less than 4:12, may project:

(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

(b)        in all other cases, maximum of 1.3 metres from the surface of a roof.

(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.

(4)              A solar collector mounted on a roof must not extend beyond the outermost edge of the roof.

(5)              A solar collector that is mounted on a wall:

(a)        must be located a minimum of 2.4 metres above grade; and

(b)        may project a maximum of:

(i)         1.5 metres from the surface of that wall, when the wall is facing a rear property line and;

(ii)         in all other cases, 0.6 metres from the surface of that wall.

68P2008

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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.

(2)              More than one structure may be contained within the maximum envelope dimensions referenced in subsection (1).

(3)              The maximum envelope dimensions referenced in subsection (1) do not include at-grade surfaces such as, but not limited to, soil, grass, wood or concrete.

(4)              Notwithstanding subsection (1), railings for safety purposes may extend beyond the maximum envelope dimensions referenced in subsection (1) provided they are not designed or used as a surface upon which to operate a skateboard, bicycle, scooter, roller skates or other similar device.

(5)              There must only be one skateboard and sports ramp envelope per parcel.

(6)              All skateboard and sports ramp structures must be located between the rear façade of the main residential building and the rear property line.

(7)              The height of a skateboard and sports ramp at any point is measured from grade.

(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.

(10)            Skateboard and sports ramp structures must not be included in parcel coverage.

(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.

 

43P2016

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Objects Prohibited or Restricted

344      (1)              A recreational vehicle must not remain in an actual front setback area for longer than 24 hours.

(2)              A trailer that may be used or is intended to be used for the transport of anything, including but not limited to, construction materials, household goods, livestock, off road vehicles, and waste must not remain in an actual front setback area except while actively engaged in loading or unloading.

(3)              A dilapidated vehicle must not be located outside of a building.

(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.

(5)              A satellite dish greater than 1.0 metre in diameter must:

(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 ;

(b)        not be located higher than 3.0 metres from grade; and

(c)        not be illuminated.

(6)              Subsection (5) does not apply to a satellite dish greater than 1.0 metre in diameter when the applicant demonstrates:

(a)        compliance with subsection (5) would prevent signal reception; and

(b)        the satellite dish will be located and screened to the satisfaction of the Development Authority.

(7)              deleted.

(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.

13P2014, 43P2016

 

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Accessory Residential Building

345      (1)              Unless otherwise referenced in subsection (2), the minimum building setback for an Accessory Residential Building is:

(a)        1.2 metres from a side or rear property line shared with a street ; or

(b)        0.6 metres from a side or rear property line in all other cases.

(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:

(a)        the Accessory Residential Building is less than 10.0 square metres gross floor area;

(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

(c)        the owner of the adjacent parcel grants a 1.5 metre private maintenance easement that must:

(i)         be registered against the title of the parcel proposed for development and the title of the adjacent parcel; and

(ii)        include a 0.60 metre eave and footing encroachment easement.

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(3)              An Accessory Residential Building must not be located in the actual front setback area.

(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 and a main residential building is 1.0 metres.

(6)              The height of an Accessory Residential Building must not exceed:

(a)        4.6 metres, measured from the finished floor of the building;

(b)        3.0 metres at any eaveline, when measured from the finished floor of the building; and

(c)        one storey, which may include an attic space that:

(i)         is accessed by a removable ladder;

(ii)        does not have windows;

(iii)       is used by the occupants of the main residential building for placement of personal items; and

(iv)       has a maximum height of 1.5 metres when measured from the attic floor to the underside of any rafter.

67P2008, 12P2010

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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.

(3)              An Accessory Residential Building must not have a balcony or rooftop deck .

(4)             The area of a parcel covered by all Accessory Residential Buildings located on a parcel;

(a)        for a parcel  containing a Contextual Semi-Detached Dwelling, Duplex Dwelling, or a Semi-detached Dwelling that has yet to be subdivided, must not exceed the lesser of:

(i)        the building coverage of the main residential building; or

(ii)       150.0 square metres; and

(b)       in all other cases, must not exceed the lesser of:

(i)         the building coverage of the main residential building; or

(ii)         75.0 square metres; and

(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.

27P2011, 24P2014, 45P2015

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Contextual Single Detached Dwelling

347      (1)              A Contextual Single Detached Dwelling:

(a)        must have:

(i)         a portion of the front façade, with an area less than or equal to 50% of the area of all front façades, recessed or projecting forward from the remaining façade that has a minimum dimension of:

(A)       2.0 metres in width

(B)       0.6 metres in depth; and;

(C)       2.4 metres in height; or

(ii)        a porch projecting from the front façade with a minimum dimension of:

(A)       2.0 metres in width; and

(B)       1.2 metres in depth;

(b)        must not have vehicular access from the lane to an attached private garage;

(c)        must not have windows that are located beyond the rear façade of a main residential building on an adjoining parcel unless:

(i)         the window is located below the second storey;

(ii)        the window is located on the rear façade;

(iii)       the glass in the window is entirely obscured; or

(iv)       there is a minimum distance of 1.5 metres between the finished floor and the bottom of the window sill; and

(d)        must not have a roof slope less than 4:12 within 1.5 metres of the horizontal plane forming the maximum building height; and

(e)        must not be located on a parcel where the difference between the average building reference point  is greater than 2.4 metres;

(f)        deleted

45P2015

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(2)              Unless otherwise referenced in this Part, a Contextual Single Detached Dwelling:

(a)        may have a balcony located on a side façade:

(i)         where it forms part of the front façade and is not recessed back more than 4.5 metres from the front façade; or

(ii)        where it is on the street  side of a corner parcel;

(b)        may have a balcony located on a rear façade where:

(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:

(a)        65.0 per cent of the parcel depth; or

(b)        the contextual building depth average.

(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.

3P2010, 27P2011, 9P2012,15P2016

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Contextual Semi-detached Dwelling

347.1      (1)           A Contextual Semi-detached Dwelling:

(a)        must have:

(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;

(b)        must have façade articulation for each unit, by including:

(i)        a portion of the front façade, with an area less than or equal to 50% of the area of all front façades of each unit, recessed or projecting forward from the remainder of the front façade of that unit, with the projecting or recessed portion having a minimum dimension of:

(A)        2.0 metres in width;

(B)        0.6 metres in depth; and

(C)       2.4 metres in height; or

(ii)        a porch that projects from the front façade a minimum dimension of:

(A)        2.0 metres in width; and

(B)        1.2 metres in depth;

(c)       located on a corner parcel must have an exterior entrance which is visible from the street side of the corner parcel;

(d)        must not have vehicular access from the lane to an attached private garage;

(e)        must not have windows that are located beyond the rear façade of a contextual adjacent building on an adjoining parcel unless:

(i)        the window is located below the second storey;

(ii)        the window is located on the rear façade;

(iii)       the glass in the window is entirely obscured; or

(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; and

(h)       must not have an exterior entrance from grade located on a side façade, except on the street side of a corner parcel.

(i)        deleted

45P2015

(2)              Unless otherwise referenced in this Part, a Contextual Semi-detached Dwelling:

(a)        may have a balcony located on a side façade where:

(i)        it forms part of the front façade and is not recessed back more than 4.5 metres from the front façade; or

(ii)        it is on the street side of a corner parcel;

(b)        may have a balcony located on a rear façade where:

(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.

(3)             The maximum building depth of a Contextual Semi-detached Dwelling is the greater of:

(a)        60.0 per cent of the parcel depth; or

(b)        the contextual building depth average.

(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.

27P2011, 9P2012, 44P2013, 15P2016, 4P2017

Planting Requirement for Contextual Single Detached and Contextual Semi-detached Dwellings

347.2    (1)             Trees required by this section:

(a)        may be provided through the planting of new trees or the preservation of existing trees;

(b)        must be provided on a parcel within 12 months of issuance of a development completion permit;

(c)        must be maintained on the parcel for a minimum of 24 months after issuance of a development completion permit;

(d)        must be of a species capable of healthy growth in Calgary and must conform to the standards of the Canadian Nursery Landscape Association; and

(e)        are not required to be shown on a plan that is part of an application for development permit.

(2)              A minimum of 2.0 trees must be provided for each unit of a Contextual Semi-detached Dwelling.

(3)              Where a Contextual Single 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 Dwelling is located on a parcel with a parcel width greater than 10.0 metres a minimum of 3.0 trees must be provided.

(5)              The requirement for the provision of 1.0 trees is met where:

(a)        a deciduous tree has a minimum calliper of 60 millimetres; or

(b)        a coniferous tree has a minimum height of 2.0 metres.

(6)              The requirement for the provision of 2.0 trees is met where:

(a)        a deciduous tree has a minimum calliper of 85 millimetres; or

(b)        a coniferous tree has a minimum height of 4.0 metres.

45P2015

Permitted use Rowhouse Building

 

347.3  (1)       To be a permitted use in the R-CG District a Rowhouse Building:

(a)       must have façade articulation for each Dwelling Unit, by including:

(i)         a portion of a street facing façade of each unit recessed behind or projecting forward from the remainder of the street facing façade of that unit, with the projecting or recessed portion having a minimum dimension of:

(A)       2.0 metres in width;

(B)       0.3 metres in depth; and

(C)       2.4 metres in height; or

(ii)        a porch that projects from a street facing façade a minimum dimension of:

(A)       2.0 metres in width; and

(B)       1.2 metres in depth;

(b)       must have the main floor located above grade adjacent to the building to a maximum of 1.20 metres above grade for street facing façades;

(c)        located on a corner parcel must have an exterior entrance which is visible from each street side of the corner parcel;

(d)       must not have an attached private garage;

(e)       must have a motor vehicle parking stall or private garage for each Dwelling Unit with direct, individual access to a lane;

(f)        must not have windows on an exposed side façade of a unit that are located beyond the rear façade of a contextually adjacent building on an adjoining parcel unless:

(i)         the window is located below the second storey;

(ii)        the glass in the window is entirely obscured;

(iii)       there is a minimum distance of 1.5 metres between the finished floor and the bottom of the window sill; or

(iv)       the façade that contains the window is setback a minimum of 4.2 metres from the side property line; and

(g)        must not be located on a parcel where the difference between the average building reference points is greater than 2.4 metres.

(2)             deleted

(3)             Unless otherwise referenced in subsection (4) the maximum building depth of a Rowhouse Building that is a permitted use in the R-CG District is the greater of:

(a)       60.0 percent of the parcel depth; or

(b)       the contextual building depth average.

(4)             There is no maximum building depth for a Rowhouse Building located on a corner parcel in the R-CG District.

(5)             To be a permitted use in the R-CG District a Rowhouse Building must not be located on a parcel that contains more than one main residential building.

 

27P2011, 24P2014, 15P2016, 4P2017

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 .

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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.

68P2008

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Private Maintenance Easements

350      A private maintenance easement, provided pursuant to this Bylaw, must require the easement area be kept free of all buildings, structures and objects that would prevent or restrict the easement being used for the purpose of building maintenance.

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Secondary Suite

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:

(a)       in the R-C1Ls, R-C1s, R-C1N, R-1s and R-1N Districts; or

(b)       when located on a parcel with a parcel width less than 13.0 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.

(4)             A Secondary Suite must have a private amenity space that:

(a)       is located outdoors;

(b)       has a minimum area of 7.5 square metres with no dimension less than 1.5 metres; and

(c)        is shown on a plan approved by the Development Authority.

12P2010, 24P2014, 23P2016, 4P2017

351.1   deleted

12P2010, 24P2014

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Backyard Suite

352      (1)              For a Backyard Suite, the minimum building setback from a rear property line is:

(a)       1.5 metres for any portion of the building used as a Backyard Suite; and

(b)       0.6 metres for any portion of the building used as a private garage.

(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)             A minimum separation of 3.0 metres is required between the closest façade of the main residential building to the closest façade of a Backyard Suite.

(4)             The maximum building height for a Backyard Suite is 7.5 metres.

(5)             The maximum floor area of a Backyard Suite, excluding any area covered by stairways and landings, 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.

(7)             A Backyard Suite must have a private amenity space that:

(a)       is located outdoors;

(b)       has a minimum area of 7.5 square metres with no dimension less than 1.5 metres; and

(c)        is shown on a plan approved by the Development Authority.

2P2010, 24P2014

 

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Secondary Suite – Outdoor Private Amenity Space

353      deleted

12P2010, 24P2014

 

Accessory Suite – Density

354      (1)             Unless otherwise referenced in subsection (4), there must not be more than one Secondary Suite or Backyard Suite located on a parcel.

(2)             Unless otherwise referenced in subsection (4), a Secondary Suite and a Backyard Suite must not be located on the same parcel.

(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.

(4)             In the R-CG District, one Backyard Suite or one Secondary Suite may be located on a bare land unit containing a Dwelling Unit.

 

24P2014, 23P2016, 4P2017

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Secondary Suite – Entry and Stairways

355      deleted

12P2010

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Secondary Suite – Building Height

356      deleted

12P2010, 24P2014

 

Parcels Deemed Conforming

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.

9P2012

 

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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;

(b)        the building setback from the front property line is:

(i)         a minimum of 6.0 metres for the R-C1L or R-C1Ls districts; or

(ii)        a minimum of 3.0 metres for any other residential district; and

(c)        the main residential building:

(i)         has not been added to after the effective date of this Bylaw; or

(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

(b)        all subsequent additions and alterations conformed to the rules of this Bylaw.

(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.

53P2008, 67P2008, 46P2009, 27P2011, 5P2013

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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:

(a)        begins at the highest average building reference point;

(b)        extends vertically to the maximum building height  plus 1.0 metre;

(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

(d)        extends downward at a 4:12 slope.

(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:

(a)        begins at the highest average building reference point ;

(b)        extends vertically to the maximum building height  plus 1.0 metres; and

(c)        extends horizontally towards the opposite end of the parcel.

(4)              The following diagrams illustrate the rules of subsections (2) and (3):

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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:

(a)        7.5 metres in height from grade where the existing building has a walkout basement; and

(b)        6.0 metres in height from grade where the existing building does not have a walkout basement.

 

3P2010, 9P2012

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Building Height on a Corner Parcel

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.

(2)               The following diagram illustrates the rules of subsection 361(1)

Illustration 2:

 

Building Height on a Corner Parcel

Section 361(1)

 

3P2010, 24P2014, 45P2015

 

 

362      deleted

 

3P2010

Approved Building Grade Plans

363      All building reference points must be in accordance with a building grade plan.

Gated Access

364      A gate must not be located across a private condominium roadway.

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:

(a)        the existing building must:

(i)         conform to the rules of this Bylaw; and

(ii)        be legally existing or approved prior to the effective date of this Bylaw;

(b)        the addition may be a maximum of:

(i)         40.0 square metres in floor area for any portion at a height less than or equal to:

(A)       7.5 metres measured from grade where the existing building has a walkout basement; or

(B)       6.0 metres measured from grade where the existing building does not have a walkout basement; and

(ii)        10.0 square metres in floor area for any portion not exceeding the highest point of the existing roof;

(b.1)     The additions allowed in Section 365(b)(i) and (ii) must not be located on the same storey.

(c)        the addition or exterior alteration may:

(i)         reduce the existing building setback from a front property line a maximum of 1.5 metres 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

(d)        the addition or exterior alteration must meet the rules:

(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.

(3)             Within each Cottage Housing Cluster the maximum number of Dwelling Units is 25.

(4)             Each cottage building must be adjacent to the common open space.

(5)             The maximum gross floor area of any individual storey of a Dwelling Unit in a cottage building is 100.0 square metres.

(6)             The maximum gross floor area of a Dwelling Unit in a cottage building is 150.0 square metres.

(7)             Each Dwelling Unit in a cottage building must have a private amenity space that:

(a)       is provided outdoors; and

(b)       has a minimum area of 12.0 square metres with no dimension less than 1.5 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

(a)        have a minimum area of 15.0 square metres per Dwelling Unit;

(b)        have no dimension less than 6.0 metres;

(c)        must be centrally located in a single contiguous area;

(d)        have either a soft surfaced landscaped area or hard surfaced landscaped area;

(e)        must include a sidewalk to the street;

(f)         must not be used for vehicular access; and

(g)        must not be located in any setback area.

(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.

(13)            Eaves on a cottage building may project a maximum of 0.6 metres into any setback area.

(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 either:

(a)       inside a building; or

(b)       in a garbage container enclosure approved by the Development Authority that:

(i)         must not be located in an actual front setback area;

(ii)        must not be located in an actual side setback area on the public street side of a corner parcel; and

(iii)       unless specified in subsection (16) must not be located in any setback area.

(16)            A garbage container enclosure on a parcel containing a Cottage Housing Cluster may be located in a setback area provided that:

(a)        the wall of the enclosure is constructed of maintenance free materials; and

(b)        there is no overhang of eaves onto an adjacent parcel or lane.

(17)           Recycling facilities must be provided for a Cottage Housing Cluster.

(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.

 

47P2008, 46P2009, 9P2012, 32P2012, 5P2013, 15P2016

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