Loading...
HomeMy WebLinkAboutBy-law 7364-14 - Seaton Zoning Final ApprovedDecember 2, 2013 The Corporation of the City of Pickering Zoning By-law 7364/14 Seaton Zoning By-law Approved by Ontario Municipal Board Decisions dated: December 17, 2013, and January 24, 2014 Ontario Municipal Board Decisions Confirmed By Order in Council 470/2014 dated March 26, 2014 Seaton Area Zoning By-law i Table of Contents How to Read and Use This By-law ........................................................................................ 1 1.0 Administration ................................................................................................................ 2 1.1 Title ............................................................................................................................... 2 1.2 Application .................................................................................................................... 2 1.3 Purpose ......................................................................................................................... 2 1.4 Repeal of former By-laws .............................................................................................. 2 1.5 Effective Date ................................................................................................................ 3 1.6 Certificate of Occupancy ............................................................................................... 3 1.7 Conformity and Compliance .......................................................................................... 3 1.8 Enforcement .................................................................................................................. 3 1.8.1 Administration ........................................................................................................... 3 1.8.2 Penalties ................................................................................................................... 3 1.9 Severability .................................................................................................................... 3 1.10 Establishment of Zones ............................................................................................... 3 1.10.1 Zones ...................................................................................................................... 3 1.10.2 Location of Zone ..................................................................................................... 4 1.10.3 Special Zone Symbols ............................................................................................ 4 1.11 Interpretation ................................................................................................................. 5 1.11.1 Zone Boundaries .................................................................................................... 5 1.11.2 Definitions ............................................................................................................... 5 1.11.3 Examples and Illustrations ...................................................................................... 5 1.11.4 Reduction of Lot Area Due To Public Acquisition or Conveyance ......................... 5 2.0 General Regulation ......................................................................................................... 6 2.1 Prohibited Uses ............................................................................................................. 6 2.2 Human Habitation Not Within Main Buildings ................................................................ 6 2.3 Frontage on A Street ..................................................................................................... 6 2.4 Public Uses Permitted In All Zones ............................................................................... 6 2.5 Linear Utilities Permitted in All Zones ............................................................................ 7 2.6 Permitted Yard Encroachments ..................................................................................... 7 2.7 Legal Non-Conforming Uses ......................................................................................... 8 2.8 Legal Non-Complying Buildings or Structures ............................................................... 8 2.9 Legal Non-Complying Lots ............................................................................................ 8 2.10 Air Conditioners ........................................................................................................... 8 2.11 Swimming Pools .......................................................................................................... 9 2.12 Satellite Dish Antenna ................................................................................................. 9 2.13 Accessory Dwelling Unit .............................................................................................. 9 2.14 Home-Based Business ................................................................................................ 9 2.15 Accessory Buildings and Structures .......................................................................... 11 2.16 Standards for Detached Private Garages Accessed by a Driveway From a Street ... 11 2.17 Standards for Detached Private Garages Accessed by a Lane ................................. 13 2.18 Standards for Attached Private Garages on Lots Accessed by Lanes ...................... 13 2.19 Standards for Attached Private Garages Accessed by a Driveway from a Street ..... 14 2.20 Coach Houses ........................................................................................................... 15 2.21 Live Work Unit ........................................................................................................... 15 2.22 Model Homes ............................................................................................................ 15 Seaton Area Zoning By-law ii 2.23 Lots on Public and Private Streets ............................................................................. 15 2.24 Yards abutting Daylighting Triangles ......................................................................... 16 2.25 Primary Entrance Door Location on a Through Lot ................................................... 16 3.0 Parking Regulations ..................................................................................................... 17 3.1 Parking Space Requirements ...................................................................................... 17 3.2 Part Spaces ................................................................................................................ 20 3.3 Parking for Multiple Uses on One Lot ......................................................................... 21 3.4 Size of Parking Spaces and Aisles ............................................................................. 21 3.5 Setbacks of Parking Spaces and Lots ........................................................................ 21 3.6 Standards for Parking Pads ........................................................................................ 22 3.7 Parking and Loading within yards ................................................................................ 22 3.8 Parking Space Uses ................................................................................................... 22 3.9 Restrictions on Vehicles in a Residential Zone ........................................................... 22 3.10 Loading Standards .................................................................................................... 23 3.11 Tandem Parking ........................................................................................................ 23 3.12 Private Garage Parking Size ..................................................................................... 24 4.0 Residential Zone Regulations ..................................................................................... 25 4.1 Uses Permitted ............................................................................................................ 25 4.2 Low Density Type 1 (LD1) Zone Provisions ................................................................ 26 4.2.1 Lot and Building Requirements by Building Type .................................................. 26 4.2.2 Additional Provisions ............................................................................................. 28 4.3 Low Density Type 1, Heritage Lot “LD1-HL” Provisions .............................................. 28 4.4 Low Density Type 1 - Townhouse (LD1-T) Zone Provisions ....................................... 29 4.4.1 Lot and Building Requirements by Building Type .................................................. 29 4.4.2 Additional Provisions ............................................................................................. 30 4.5 Low Density Type 2 (LD2) Zone Provisions ................................................................ 30 4.5.1 Lot and Building Requirements by Building Type .................................................. 30 4.5.2 Additional Provisions ............................................................................................. 32 4.6 Low Density Type 2 – Multiple (LD2-M) Zone Provisions ............................................ 33 4.6.1 Lot and Building Requirements by Building Type .................................................. 33 4.6.2 Additional Provisions ............................................................................................. 35 4.7 Medium Density – Detached & Semi (MD-DS) Zone Provisions ................................. 36 4.7.1 Lot and Building Requirements by Building Type .................................................. 36 4.7.2 Additional Provisions ............................................................................................. 37 4.8 Medium Density – Multiple (MD-M) Zone Provisions ................................................... 38 4.8.1 Lot and Building Requirements by Building Type .................................................. 38 4.8.2 Additional Provisions ............................................................................................. 40 4.8.3 Additional Apartment Provisions ............................................................................ 40 4.9 High Density (H) Zone Provisions ............................................................................... 41 4.9.1 Lot and Building Requirements by Building Type .................................................. 41 4.9.2 Additional Apartment Provisions: ........................................................................... 42 4.10 Exceptions ................................................................................................................. 43 5.0 Mixed Use Zone Regulation ......................................................................................... 46 5.1 Uses Permitted ............................................................................................................ 46 5.1.2 Additional Use Provisions ...................................................................................... 47 5.2 Mixed Corridor Type 1 (MC1) Zone Provisions ........................................................... 48 5.2.1 Lot and Building Requirements by Building Type .................................................. 48 Seaton Area Zoning By-law iii 5.2.2 Additional Provisions ............................................................................................. 50 5.2.3 Additional Apartment Standards ............................................................................ 50 5.3 Mixed Corridor Type 2 (MC2) Zone Provisions ........................................................... 51 5.3.1 Lot and Building Requirements by Building Type .................................................. 51 5.3.2 Additional Provisions: ............................................................................................ 53 5.3.3 Additional Apartment Provisions: ........................................................................... 53 5.3.4 Additional Commercial Building Provisions: .......................................................... 54 5.4 Mixed Corridor Type 3 – Gateway Sites (MC3) Zone Provisions ................................ 55 5.4.1 Lot and Building Requirements by Building Type .................................................. 55 5.4.2 Additional Apartment Provisions: ........................................................................... 56 5.4.3 Additional Commercial Building Provisions: .......................................................... 56 5.5 Minor Commercial Clusters – (MCC) Zone Provisions ................................................ 57 5.5.1 Building Types and Related Standards ................................................................. 57 5.5.2 Additional Provisions: ............................................................................................ 57 5.6 Local Node (LN) and Community Node (CN) – Zone Provisions ................................ 58 5.6.1 Building Types and Related Standards ................................................................. 58 5.6.2 Additional Apartment Provisions: ........................................................................... 59 5.6.3 Additional Commercial Provisions: ........................................................................ 59 5.7 Community Node - Pedestrian Predominant Area (CN-PP) – Zone Provisions .......... 61 5.7.1 Building Types and Related Standards ................................................................. 61 5.7.2 Additional Apartment Provisions: ........................................................................... 62 5.7.3 Additional Commercial Provisions: ........................................................................ 62 5.8 Exceptions ................................................................................................................... 64 6.0 Employment Area Zone Regulation ............................................................................ 66 6.1 Use Categories Permitted ........................................................................................... 66 6.2 Use Limitations ............................................................................................................ 67 6.3 Uses Prohibited ........................................................................................................... 67 6.4 Employment Zone – Zone Provisions .......................................................................... 69 6.4.1 Lot and Building Requirements .............................................................................. 69 6.4.2 Additional Provisions: ............................................................................................ 69 6.4.3 Prestige Employment – Heritage Lot “PE-HL” Provisions ...................................... 70 6.5 Exceptions: .................................................................................................................. 70 7.0 Community use Zone REgulations ............................................................................. 71 7.1 Uses Permitted ............................................................................................................ 71 7.2 Community Use (CU) Zone – Zone Provisions............................................................ 71 7.2.1 Lot and Building Requirements .............................................................................. 71 7.2.2 Height Maximum ..................................................................................................... 71 7.2.3 Additional Provisions: ............................................................................................ 72 7.3 Exceptions: .................................................................................................................. 72 8.0 Natural Heritage and Open Space Zones ................................................................... 73 8.1 Uses Permitted ............................................................................................................ 73 8.2 Open Space (OS) Zone – Zone Provisions ................................................................. 74 8.2.1 Lot and Building Requirements .............................................................................. 74 8.2.2 Height Maximum ..................................................................................................... 74 8.2.3 Additional Provisions: ............................................................................................ 74 8.3 Exceptions: .................................................................................................................. 75 9.0 Utility Zone .................................................................................................................... 76 Seaton Area Zoning By-law iv 9.1 Uses Permitted ............................................................................................................ 76 9.2 Utility Zone – Zone Provisions ..................................................................................... 76 9.2.1 Lot and Building Requirements .............................................................................. 76 9.3 Exceptions: .................................................................................................................. 76 10.0 Definitions ................................................................................................................... 77 11.0 Holding Provisions .................................................................................................... 93 12.0 Zoning Maps ............................................................................................................... 94 Section 1.0 December 2, 2013 Seaton Area Zoning By-law 1 How to Read and Use This By-law This introduction explains how to read and use this Zoning By-law and is solely for the purposes of assisting the reader. Readers unfamiliar with zoning by-laws are encouraged to read this introduction. This introduction does not constitute a legal part of this By-law. All properties within the boundaries of this Zoning By-law have a zone associated with them as shown on the maps in Section 12. Each zone is subject to requirements and restrictions. These requirements and restrictions are found in Sections 4 through 9. These Sections are differentiated based on five broad land use categories – Residential, Mixed Use, Employment, Community Use and Natural Heritage and Open Space. Within each Section/land use category, multiple zones are described. At the beginning of each Section 4 through 9, the permitted uses for each zone are laid out in a table format, with any qualifications numbered within the table and listed directly following the table. Following the table of permitted uses, each zone contains a table setting out minimum and maximum requirements for lots and buildings addressing such matters as lot area, lot frontage, yard setbacks, building height among others. In the residential and mixed use zone categories, these requirements are set out according to different building types. In the other zone categories, these requirements are generally set out according to the zone. Site-specific provisions, where required, are detailed following the provisions of each zone. In addition to the zone specific requirements and restrictions, a number of general provisions apply to development in all zones. These general provisions are set out in Section 2 and address such general matters as yard encroachments, legal non-conforming uses, garages and accessory buildings, swimming pools and other accessory structures, accessory dwelling units, and home-based businesses among others. Section 3 contains parking regulations that also apply to development in all zones. The recommended process to verify the zoning applicable to a property is to: a) Locate the property in the maps in Section 12 and identify which zone it is in; b) Determine which Section / land use category in the by-law that the zone is contained in (ie. Section 4 Residential); c) Review the permitted uses applicable to that zone, which are contained in the “Uses Permitted” table at the beginning of each Section 4 through 9; d) Review the zone provisions applicable to that zone, which are contained in the “Lot and Building Requirements” table in the second subsection of each Section 4 through 9; e) Review any applicable site-specific zones contained within Sections 4 through 9; f) Review the general provisions and parking regulations in Sections 2 and 3; and g) Contact the city to ensure up-to-date information and whether the property is subject to any variances. Section 1.0 December 2, 2013 Seaton Area Zoning By-law 2 1.0 Administration The Ontario Municipal Board hereby enacts By-law No. _____, being a bylaw for the Seaton Urban Area, as follows: 1.1 Title This By-law may be cited as the “Seaton Zoning By-law”. Reference to “Zoning By-law” and “this By-law” within this document shall mean the “Seaton Zoning By-law”, unless otherwise specified. 1.2 Application This By-law is intended to apply to the Seaton Urban Area in the Corporation of the City of Pickering, which is bounded by the C.P. Rail line to the south, the West Duffins Creek to the west, Highway 7 to the north and Sideline 16/ the Pickering-Ajax boundary to the east and also including lands approximately 600 metres north of Highway 7 and west of North Road and approximately 1.1 km north of Highway 7 and west of Sideline 32. The zones and zone boundaries are shown on the zoning maps which are attached to and form part of this By-law. This By-law will be applied to the above noted Seaton Urban lands through amendment once approved. The lands to which this By-law apply are shown as zoned on the zoning maps. The provisions of By-law 3037 shall continue to apply to the lands within the Seaton Urban Area that are not shown as zoned on the zoning maps. Despite the boundary noted above, this By-law does not apply to lands within the Hamlets of Brougham, Green River or Whitevale. 1.3 Purpose The purpose of this By-law is: a) to regulate the use of land, buildings and structures, and to regulate the construction and alteration of buildings and structures by statutory authority granted by the Ontario Planning Act; and b) to implement the policies within the Pickering Official Plan pertaining to the Seaton Urban Area. 1.4 Repeal of former By-laws The provisions of By-law 3037 of the City of Pickering, and the associated amendments, are repealed in the areas that are covered by this By-law as shown as zoned on the zoning maps. Section 1.0 December 2, 2013 Seaton Area Zoning By-law 3 1.5 Effective Date This By-law shall come into force on the day that the decision of The Ontario Municipal Board approving the by-law is confirmed or varied by the Lieutenant Governor in Council pursuant to subsection 34(29.1) of the Planning Act. 1.6 Certificate of Occupancy a) No person shall change the type of use of any land, building or structure in the area defined by this By-law without obtaining a certificate of occupancy. b) Certificates of occupancy shall not be required for residential uses, other than group homes, home-based businesses, bed and breakfast establishments and the introduction of a second suite. 1.7 Conformity and Compliance a) No person shall use any land, building or structure, or erect or alter any building or structure, after the passage of this By-law, except in conformity and compliance with the provisions of this By-law. b) Nothing in this By-law exempts compliance with other by-laws, legislation or the requirement to obtain any license, permission, permit, authority or approval required by this By-law, any other by-law or any other legislation. 1.8 Enforcement 1.8.1 Administration The Chief Building Officer of the City of Pickering or his or her designate administers this By-law. 1.8.2 Penalties Any person who contravenes this By-law is guilty of offence and liable to fines under the Planning Act. This includes a director or officer of a corporation who knowingly contravenes this By-law. 1.9 Severability A court decision that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness or enforceability of the other provisions or parts of other provisions of this By-law. 1.10 Establishment of Zones 1.10.1 Zones All lands covered by this By-law, as described in Section 1.2, are contained within one of these zones: Section 1.0 December 2, 2013 Seaton Area Zoning By-law 4 Zone Symbol Low Density Type 1 LD1 Low Density Type 1 – Heritage Lot LD1-HL Low Density Type 1 – Townhouses LD1-T Low Density Type 2 LD2 Low Density Type 2 – Multiple LD2-M Medium Density – Detached & Semi MD-DS Medium Density – Multiple MD-M High Density H Mixed Corridor Type 1 MC1 Mixed Corridor Type 2 MC2 Mixed Corridor Type 3 MC3 Minor Commercial Cluster MCC Local Node LN Community Node CN Community Node – Pedestrian Predominant Area CN-PP Prestige Employment General PEG Prestige Employment Node PEN Prestige Employment – Heritage Lot PE-HL Employment Service ES Community Use CU District/Community Park DCP Open Space OS Stormwater Management SWM Golf Course GC Natural Heritage System NHS Hamlet Heritage Open Space HHOS Cemetery CE Utility UT 1.10.2 Location of Zone a) Zones are shown on the zoning maps in Section 12. The lands within each zone are subject to the provisions of that zone, as well as the general regulations of this By-law. b) Some properties such as schools sites are dual zoned which means more than one zone applies to the entirety of the property. Dual zoned sites are permitted to develop for the permitted uses in both zones subject to the zone requirements applicable to each specific permitted use. 1.10.3 Special Zone Symbols Special zone symbols, indicated by a dash and number following a zone symbol on zoning maps in Section 12, correspond to site-specific provisions. These site-specific provisions are found, when applicable, following the general provisions of that zone. Section 1.0 December 2, 2013 Seaton Area Zoning By-law 5 1.11 Interpretation 1.11.1 Zone Boundaries a) If the zone boundary is shown in Section 12: i) As following a street, lane, railway right-of-way, electric transmission line right-of-way or watercourse, then the centre line of the street, lane, railway right-of-way, electric transmission line right-of-way, municipal boundary or watercourse is the boundary; ii) As substantially following lot lines shown on a registered plan of subdivision, then the lot lines are the boundary; and iii) As not being in accordance with the above provisions, then the zone boundary shall be scaled from the zoning maps in Section 12. b) In addition to the above, if the zone boundary separates a lot into portions, each portion of the lot shall be used in accordance with the provisions of this By-law for the applicable zone. c) Notwithstanding 1.11.1 a), the zone boundaries for the CN-PP zone shown in Section 12 are schematic and shall be delineated through site plan approval. 1.11.2 Definitions a) Throughout this By-law, any italicized word is defined in Section10 to provide clarity and ensure that the By-law and its intent are applied consistently. b) Where a use is defined, it shall not be interpreted to include any other defined use unless it is stated in the definition to the contrary. 1.11.3 Examples and Illustrations Any illustrations throughout this By-law, as well as examples and margin notes, are for clarification and convenience and are not part of this By-law. 1.11.4 Reduction of Lot Area Due To Public Acquisition or Conveyance Notwithstanding any other provision of this By-law, where a non-complying lot is created as a result of the acquisition of part of a lot by a public authority, a building or structure may be erected, altered or repaired and used on such lot, provided that such building or structure conforms with all other provisions of this By-law other than the reduced lot frontage, reduced lot area, gross floor area and lot coverage requirements. A building or structure may be erected, altered or repaired with reduced lot coverage and gross floor area as would have been allowed for the lot as it existed prior to such public acquisition or conveyance. Section 2.0 December 2, 2013 Seaton Area Zoning By-law 6 2.0 General Regulation 2.1 Prohibited Uses With respect to any lands to which this By-law applies, all uses are prohibited unless specifically permitted in this By-law. 2.2 Human Habitation Not Within Main Buildings No truck, bus, coach, street car body, railway car, mobile home, trailer or other vehicle shall be used for human habitation whether or not the same is mounted on wheels or other forms of mounting or foundations. 2.3 Frontage on A Street a) No lot shall have built upon it a building for any purpose in any zone unless the lot abuts a street for a minimum of 4.0 metres. However, where a lot is separated from a street by land owned by the City, the Region of Durham or the Province of Ontario which land is held by such public agency for future road widening purposes or as a 0.3 metre reserve, a building may be erected upon such lot if registered rights-of-way giving access to a street have been granted and such access scheme is part of a development agreement pursuant to the Planning Act. b) Where a building is developed abutting a driveway constituting a common area or common element as part of a condominium registered under the Condominium Act such driveway shall be deemed to be a street for purposes of applying the provisions of this By-law. 2.4 Public Uses Permitted In All Zones a) Notwithstanding anything else in this By-law, the City or Region of Durham or any of their local boards as defined in the Municipal Act, any communications or transportation system owned or operated by or for the City or Region of Durham, and any agency of the Federal or Provincial Government, may, for the purposes of the public service, use any land or erect or use any building or structure in any zone subject to the use or building or structure being in compliance with the most restrictive regulations contained in such zone for the use and the parking requirements of Section 3 of this By-law, for such use. b) Any buildings erected or used in a Residential Zone under the provisions of this Section, shall be designed so as not to intrude into the residential character of the area. c) This exemption for use in any zone shall not apply to: i) the Natural Heritage System (NHS) Zone except for linear infrastructure and the uses otherwise permitted in the NHS Zone; ii) permit any outdoor storage, or a waste transfer or waste processing facility; or iii) any land or building used by any local School Board, University or College. Section 2.0 December 2, 2013 Seaton Area Zoning By-law 7 2.5 Linear Utilities Permitted in All Zones a) Notwithstanding anything else in this By-law, a utility company including Veridian, Bell, Rogers, Telus, Hydro One, Enbridge and other similar utility company may use any land or erect or use any building or structure in any zone for the purpose of a linear utility subject to the building or structure being in compliance with the most restrictive regulations contained in such zone for the use and the parking requirements of Section 3 of this By-law, for such use. Any building or structure erected or used in a Residential Zone under the provisions of this Section, shall be designed so as not to intrude into the residential character of the area. b) This exemption for use in any zone shall not apply to: i) permit buildings or structures in the Natural Heritage System (NHS) Zone except for structures directly related to the linear utility and uses otherwise permitted in the NHS Zone; ii) permit any outdoor storage or works/maintenance yards; or iii) permit any land or building to be used for administrative offices, retail purposes, or vehicular or equipment maintenance. 2.6 Permitted Yard Encroachments No part of any required yard shall be obstructed except as follows: a) Projections such as window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other similar architectural features may be permitted in any required yard, provided that no such feature projects into the required yard more than 0.6 metres or half the distance of the required yard, whichever is less; b) A fire escape or exterior staircase may encroach into a required side yard or rear yard 1.5 metres or half the distance of the required yard, whichever is less; c) An unenclosed ramp for wheelchair access may encroach into any required yard provided it is no closer than 0.3 metres from a lot line; d) A porch or deck may encroach into any required front yard or flankage yard to a maximum of 2.0 metres or half the distance of the required yard, whichever is less; e) A porch or deck may encroach into any required rear yard to a maximum of 2.0 metres; f) A porch may encroach into an interior side yard to within 0.6 metres of the side lot line; g) Stairs to a porch or deck may encroach to within 0.3 metres of the front lot line or flankage lot line; to within 1.0 metres of a rear lot line and to within 0.6 metres of an interior side lot line. h) A balcony may encroach into any required yard to a maximum of 1.2 metres, except into a required side yard where it shall encroach not more than 1.2 metres or one-third of the distance of the required yard, whichever is less; Section 2.0 December 2, 2013 Seaton Area Zoning By-law 8 i) Where a balcony is located on the roof of a porch or deck or above a driveway, it may encroach to the maximum permitted for the porch or deck in subsection d) and e); and j) A bay, box or bow window, with or without foundation, having a maximum width of 4.0 metres may encroach into any required yard to a maximum of 0.6 metres or half the distance of the required yard, whichever is less. 2.7 Legal Non-Conforming Uses a) A legal non-conforming use is a use of land and/or building that legally existed on the date this By-law came into effect under the Planning Act. To be legal, the use must have been permitted on the lands in the zoning by-law that was in effect before this By-law came into effect or if it was established before the first By-law for the City of Pickering or the By-law for the original Township was passed. b) This By-law shall not prevent the use of any land, building or structure for any purpose prohibited by this By-law if such land, building or structure was lawfully used for such purpose on the day of passing of this By-law, and provided that such land, building or structure continues to be used for that purpose. 2.8 Legal Non-Complying Buildings or Structures a) A legal non-complying building or structure is a building or structure that was legally erected in a location it was in when this By-law came into effect under the Planning Act. To be legal, the location of the building or structure must have been authorized on the lands in the zoning bylaw that was in effect before this By-law came into effect, or if it was erected before the first by-law for the City of Pickering or the by-law for the original Township was passed. c) A non-complying building or structure which existed legally prior to the passing of this By-law may be enlarged, repaired, renovated or reconstructed provided that the enlargement, repair, renovation or reconstruction: i) does not further increase the extent of a non-compliance; and ii) complies with all other applicable provisions of this By-law. 2.9 Legal Non-Complying Lots A lot which existed legally prior to the effective date of this By-law, and that does not meet the lot area and/or lot frontage requirements of the applicable Zone, shall be deemed to conform to this By-law. Such lots may be used and buildings may be erected, enlarged, repaired or renovated on the lot provided that the use and the buildings or structures comply with all other provisions of this By-law. 2.10 Air Conditioners Air Conditioners are permitted on a lot provided they are located in the rear yard or interior side yard or on a balcony or roof. In addition, such units shall not be located any closer than 0.6 metres to an interior lot line and shall not be located on any easements in favour of the City. Section 2.0 December 2, 2013 Seaton Area Zoning By-law 9 2.11 Swimming Pools Notwithstanding any other provisions of this By-law, an unenclosed, outdoor swimming pool, or hot tub may be permitted as an accessory use to a residential use in accordance with the following provisions: a) Such accessory swimming pool, or hot tub shall only be located in a rear yard; b) Any swimming pool, hot tub, or associated water circulating, heating or treatment equipment shall be set back 1.2 metres from any side or rear lot line; c) Any deck associated with an aboveground pool, or hot tub to a maximum height of 1.2 metres will be in accordance with the provisions of Section 2.6 of this By-law; d) Any recreational equipment, including slides, associated with a swimming pool, or hot tub shall not exceed a maximum height of 2.4 metres; e) An accessory outdoor swimming pool shall not be included in lot coverage calculations provided that no part of the swimming pool, or hot tub wall protrudes more than 1.2 metres above the established grade. 2.12 Satellite Dish Antenna Satellite dish antennae are permitted in any Zone provided that: a) it does not exceed a diameter of 1.3 metres; and b) it is not attached to the front façade of the principal building or any accessory structure or building in the front yard. 2.13 Accessory Dwelling Unit a) Despite any provision in this By-law to the contrary, in any zone that permits a detached dwelling, semi-detached dwelling or a townhouse dwelling, an accessory dwelling unit is permitted within the detached dwelling, semi-detached dwelling or townhouse dwelling provided: i) a total of three (3) parking spaces are provided on the property where the accessory dwelling unit is located; ii) the maximum floor area of an accessory dwelling unit shall be one hundred (100) square metres; and iii) a home-based business is prohibited in either dwelling unit of a dwelling containing an accessory dwelling unit. b) An accessory dwelling unit may be permitted within a coach house on a lot containing a detached dwelling, semi-detached dwelling or a street townhouse dwelling provided there is only one accessory dwelling unit on the lot and the requirements of Section 2.13 a) are met. 2.14 Home-Based Business a) A home-based business is permitted within a dwelling unit provided the home-based business is used by the resident of the dwelling unit and the resident is either a sole proprietor, partner, shareholder, or officer of the company operating the home-based business, or an employee who uses their dwelling unit as their principal place of business. Section 2.0 December 2, 2013 Seaton Area Zoning By-law 10 b) The following specific uses are prohibited in a home-based business: i) adult entertainment establishment; ii) animal hospital/veterinarian clinic; iii) assembly, convention or conference hall; iv) automobile body shop; v) commercial fitness / recreation centre; vi) contractor’s yard; vii) dating/escort service; viii) funeral home; ix) heavy machinery repair, sales, service; x) kennel/animal boarding service; xi) night club; xii) place of amusement; xiii) public bath/whirlpool; xiv) restaurant; xv) retail store; xvi) taxi service; xvii) vehicle dealership; xviii) vehicle repair shop; xix) warehousing; and xx) wholesaling. c) In addition, any use which constitutes a nuisance, or any use which is offensive or obnoxious in any way, including but not limiting the generality of the foregoing, any use which creates an adverse effect through the generation of traffic, parking, noise, vibration, dust, fumes, gas, odour, waste, hazardous waste, emissions, smoke, glare, radiation, electrical interference, or any use involving the use or storage of hazardous, toxic, or contaminant substances which constitutes a threat to public health and safety, or any combination thereof, is prohibited in a home-based business. d) The maximum combined floor area that all home-based businesses within one dwelling unit may occupy is 25 percent of the finished floor area of that dwelling unit to a maximum of 50 square metres. e) No use or activity relating to a home-based business is permitted in a private garage or accessory building or structure, however, limited storage relating to a home-based business is permitted to the extent that it does not prevent the parking of the number of vehicles the private garage or accessory building or structure was designed to accommodate. f) No outdoor storage or visible display relating to a home-based business is permitted. g) Customer or client parking is not required to be provided on the lot. Section 2.0 December 2, 2013 Seaton Area Zoning By-law 11 h) External changes or alterations required for or relating to a home-based business, which would change the overall residential character of the dwelling, are not permitted. i) Despite the uses prohibited in a home-based business as specified in Section 2.14 b), the selling of products assembled or developed on the premises is a permitted use in a home-based business, and the sale and distribution of catalogue items is a permitted use in a home-based business provided that no catalogue items are stored on the premises. 2.15 Accessory Buildings and Structures a) Accessory buildings and structures are permitted on a lot where a principal building housing a principal permitted use, already exists or is under construction. b) Except as may be provided herein, accessory buildings and structures are only permitted to be erected in the rear yard. c) Elementary school or secondary school class room portables may be permitted within an interior side yard subject to an approved site plan. d) Accessory buildings and accessory structures must be set back a minimum of 1.2 metres from all lot lines except that the setback from the interior side lot line may be reduced to 0.6 metres if there are no doors or windows on the wall facing the interior side lot line. e) No accessory building shall exceed a building height of 3.5 metres except for: i) elementary school or secondary school class room portables, which shall not exceed a building height of 4.5 metres; and ii) a detached private garage, which for a flat roof shall not exceed a building height of 3.5 metres and for a pitched roof shall not exceed a building height of 4.5 metres. f) The total lot coverage of all accessory buildings, excluding detached private garages, shall not exceed 5 percent of the lot area. Where a detached private garage is also provided on the lot, the total lot coverage of all accessory buildings and detached private garages shall not exceed 15 percent of the lot area. Where elementary school or secondary school class room portables are provided, the total lot coverage of all accessory buildings shall not exceed 15 percent of the lot area. g) Human Habitation is not permitted in an accessory building or accessory structure except for a coach house. 2.16 Standards for Detached Private Garages Accessed by a Driveway from a Street Detached private garages associated with a residential use that are accessed only by a driveway from a street are subject to the following requirements. a) Permitted locations and setbacks from lot lines: Section 2.0 December 2, 2013 Seaton Area Zoning By-law 12 Detached private garages accessed only by a private driveway from a street shall be located: i) a minimum distance from an exterior lot line equal to the flankage yard requirement for the main building; ii) a minimum of 1.2 metres from the interior side lot line, but notwithstanding this provision: A) the setback from the interior side lot line may be reduced to 0.6 metres if there are no doors or windows on the wall facing the interior side lot line; and B) a detached private garage may share a common wall with another detached private garage on an abutting lot and no setback from the interior side lot line is required on that side of the lot. iii) a minimum of 0.6 metres from the rear lot line except on a through lot in which case Section 2.16 a) iv) applies; iv) no closer than 6.0 metres to the lot line abutting the street where the wall of the private garage containing the opening for vehicular access faces the lot line abutting the street; v) where the private garage faces the front lot line, no closer than 2.0 metres to the main building on the lot other than a private garage connected to the main building by an enclosed or covered walkway. vi) where the private garage faces the rear lot line on a through lot, no closer than 5.0 metres to the main building on the lot. The parking of motor vehicles is not permitted between the private garage and the main building. b) Driveway width: i) The maximum driveway width accessed from a street abutting the front lot line shall: A) for lots having a lot frontage of less than 15.0 metres, be no more than 6.0 metres and tapered so that the maximum width is 3.0 metres at the street line; B) for lots having a lot frontage between 15.0 metres and less than 18.0 metres, be no more than 6.0 metres; C) for lots greater than 18.0 metres, be no wider than the width of the garage door and tapered so that the maximum width is 6.0 metres at the street line; and ii) The maximum driveway width accessed from a street abutting the rear lot line on a through lot shall: A) for lots having a lot frontage of less 6.0 metres, be no more than 3.0 metres; B) for lots having a lot frontage between 6.0 and 9.0 metres, be no more than 4.6 metres; C) for lots between 9.0 metres and less than 15.0 metres, be no more than 6.0 metres; D) for lots greater than 15.0 metres, be no more than 9.0 metres and tapered so that the maximum width is 6.0 metres at the street line. Section 2.0 December 2, 2013 Seaton Area Zoning By-law 13 c) Garage door width: The total width of all garage doors shall be no wider than the permitted width of the driveway. 2.17 Standards for Detached Private Garages Accessed by a Lane Detached private garages associated with residential uses that are accessed only by a lane are subject to the following requirements. a) Permitted locations and setbacks from lot lines: Detached private garages are permitted in a rear yard and interior side yard only, and shall be located: i) a minimum distance of 0.6 metres from the rear lot line; and ii) a minimum of 1.2 metres from the interior side lot line, but notwithstanding this provision: A) the setback from the interior side lot line may be reduced to 0.6 metres if there are no doors or windows on the wall facing the interior side lot line; and, B) a detached private garage may share a common wall with another detached private garage on an abutting lot and no setback from the interior side lot line is required on that side of the lot. iii) no closer than 5.0 metres to the main building on the lot. The parking of motor vehicles is not permitted in the setback area. b) Driveway width: The maximum driveway width that faces a lane shall be no wider than the total width of all garage doors. 2.18 Standards for Attached Private Garages on Lots Accessed by Lanes Attached private garages associated with a residential use that are only accessed by a lane are subject to the following requirements. a) Permitted locations and setbacks from lot lines: Attached private garages, which are deemed to be part of the main building on the lot, are permitted provided that the wall of the private garage facing the lane: i) is located no further than 7.5 metres from the rear lot line; and, ii) is located no closer than 0.6 metres to the rear lot line. b) Driveway width: The maximum driveway width that faces a lane shall be no wider than the total width of all garage doors. Section 2.0 December 2, 2013 Seaton Area Zoning By-law 14 2.19 Standards for Attached Private Garages Accessed by a Driveway from a Street Attached private garages associated with a residential use that are accessed only by a driveway from a street are subject to the following requirements. a) Permitted locations and setbacks from lot lines: Attached private garages accessed only by a driveway from a street shall be located: i) a minimum distance from a side lot line equal to the minimum side yard requirement for the main building; ii) no closer than 6.0 metres to the lot line abutting the street where the wall of the private garage containing the opening for vehicular access faces the lot line abutting the street; and iii) no closer than 3.0 metres to the lot line abutting the street where the wall of the private garage containing the opening for vehicular access faces an interior side lot line. b) Projections of private garages: No part of a private garage shall project beyond the front wall of the first storey of the dwelling except: i) where a porch is provided, in which case the private garage shall not project beyond the front of the porch; and ii) on a corner lot where the wall of the dwelling facing the flankage lot line is treated as the front wall of the dwelling and the private garage projects no more than 1.5 metres beyond the remainder of the wall facing the front lot line; and iii) where the wall of the private garage containing the opening for vehicular access faces an interior side lot line. c) Driveway width: The maximum driveway width shall: i) for lots having a lot frontage of less than 9.0 metres, be no more than 3.0 metres; ii) for lots having a lot frontage between 9.0 metres and less than 11.0 metres, be no more than 4.6 metres; iii) for lots between 11.0 metres and less than 18.0 metres, be no more than 6.0 metres; iv) for lots greater than 18.0 metres, be no wider than the width of the garage door and tapered so that the maximum width is 6.0 metres at the street line; and v) for lots greater than 15.0 metres, where the wall of a private garage containing the opening for vehicular access faces an interior side lot line, be no wider than 7.5 metres and tapered so that the maximum width is 6.0 metres at the street line. Section 2.0 December 2, 2013 Seaton Area Zoning By-law 15 d) Garage door width: The total width of all garage doors shall be no wider than the permitted width of the driveway. 2.20 Coach Houses A coach house shall be permitted on a corner lot with a lot frontage of 10.0 metres or greater where the corner lot has access to a rear lane or on a through lot with a lot frontage of 10.0 metres or greater provided there is not an accessory dwelling unit in the detached, semi-detached or street townhouse dwelling and provided the coach house: a) is located a minimum distance of 0.6 metres from the rear lot line; b) is located a minimum of 1.2 metres from the interior side lot line; c) is setback a minimum of 5.0 metres from the main building on the lot. The parking of motor vehicles is not permitted in the setback area; and d) has a maximum height of 8.0 metres. 2.21 Live Work Unit a) The following specific uses are permitted in a live work unit: i) dwelling unit; ii) art gallery; iii) café; iv) restaurant; v) medical office; vi) convenience store; vii) dry-cleaner’s distribution station; viii) office; ix) personal service establishment; and x) retail store. 2.22 Model Homes a) Up to 10 percent of the homes proposed in a plan of subdivision to a maximum of 20 model homes together with not fewer than two parking spaces per may be constructed on each draft plan of subdivision submitted to the City of Pickering, prior to registration of that plan of subdivision. 2.23 Lots on Public and Private Streets Where the lot and setback requirements in a zone apply to freehold lots abutting a street, such provisions shall equally apply to freehold lots abutting a private street. Section 2.0 December 2, 2013 Seaton Area Zoning By-law 16 2.24 Yards abutting Daylighting Triangles a) Where a lot abuts a daylighting triangle, the setback provisions and minimum front landscaped open space provisions shall be measured as if the daylighting triangle did not exist provided all buildings are setback 0.6 metres from the daylighting triangle with the exception of window sills, belt courses, cornices, eaves, and eave troughs which may project to within 0.3 metres of the daylighting triangle. 2.25 Primary Entrance Door Location on a Through Lot For a detached dwelling, semi-detached dwelling, street townhouse dwelling, or duplex dwelling on a through lot, the primary entrance door shall face or nearly face the front lot line or in the case of a corner lot the flankage lot line. Section 3.0 December 2, 2013 Seaton Area Zoning By-law 17 3.0 Parking Regulations 3.1 Parking Space Requirements Every building or structure erected, enlarged or used in accordance with the provisions of this By-law shall be provided with the minimum required number of parking spaces specified in Table 1 on the same lot. Table 1: Minimum Parking Requirements Residential Uses Detached dwelling 2 spaces per dwelling unit Semi-detached dwelling 2 spaces per dwelling unit Accessory dwelling unit 1 space per dwelling unit Street townhouse dwelling 2 spaces per dwelling unit Duplex dwelling 2 spaces per dwelling unit Multiple attached dwelling 1.25 spaces per dwelling unit for residents and 0.25 of a space per dwelling unit for visitors Block townhouse dwelling 2 spaces per dwelling unit plus 0.25 of a space per dwelling unit for visitors Back-to-back townhouse dwelling 2 spaces per dwelling unit Apartment dwelling 1.25 spaces per dwelling unit for residents and 0.25 of a space per dwelling unit for visitors Live work unit 2 spaces per live work unit Bed and Breakfast establishment 2 spaces per dwelling unit plus 1.0 parking space per guest room Retirement Home 0.3 spaces per living unit for residents and 0.05 spaces per living unit for visitors Nursing Home or Long-Term Care 1.0 spaces per 3 resident bed Commercial Uses: Animal Care Establishment 4.5 spaces per 100 square metres of gross leasable floor area Arena 1.0 space per 4 fixed seats, but where permanent fixed seating is open-style bench or pew, each 0.5 metres of bench or pew space is equal to one (1) seat for the purpose of calculating required parking Art Gallery 4.0 spaces per 100 square metres of gross leasable floor area Assembly Hall, Convention Hall or Conference Hall 10.0 spaces per 100 square metres of gross leasable floor area Bake Shop 6.0 spaces per 100 square metres of gross leasable floor area Section 3.0 December 2, 2013 Seaton Area Zoning By-law 18 Commercial Uses: (continued) Café 6.0 spaces per 100 square metres of gross leasable floor area Car Washing Establishment 4.5 spaces per 100 square metres of gross leasable floor area Commercial Fitness/Recreation Centre 5.0 spaces per 100 square metres of gross leasable floor area Commercial School 4.5 spaces per 100 square metres of gross leasable floor area Convenience Store 4.5 spaces per 100 square metres of gross leasable floor area Day Care Centre 3.5 spaces per 100 square metres of gross leasable floor area Dry-Cleaner's Distributing Station 4.5 spaces per 100 square metres of gross leasable floor area Financial Institution 5.0 spaces per 100 square metres of gross leasable floor area Funeral Home 5.5 spaces per 100 square metres of gross leasable floor area Garden Centre 3.2 spaces per 100 square metres of gross leasable floor area for retail sales and display of products and/or office; and 1.1 spaces per 100 square metres of gross leasable floor area for warehousing and/or wholesaling Gas bar, including an Accessory Convenience Store and/or Café 4.5 spaces per 100 square metres of gross leasable floor area Home Improvement Centre 3.0 spaces per 100 square metres of gross leasable floor area Hotel 1.0 space per guest room; plus 10.0 spaces per 100 square metres non-residential gross floor area used for public use including meeting rooms, conference rooms, recreational facilities, dining and lounge areas and other commercial facilities, but excluding bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairways and recreational facilities directly related to the function of the overnight accommodation Medical Office 6.5 spaces per 100 square metres of gross leasable floor area Nightclub and Tavern/Bar/Pub 10.0 spaces per 100 square metres of gross leasable floor area Office 3.5 spaces per 100 square metres of gross leasable floor area Personal Service Establishment 5.0 spaces per 100 square metres of gross leasable floor area Section 3.0 December 2, 2013 Seaton Area Zoning By-law 19 Commercial Uses: (continued) Place of Amusement other than a bowling alley 5.5 spaces per 100 square metres of gross leasable floor area Place of Worship 1.0 space per 5 fixed seats or 4.0 metres of bench space, or 10.0 spaces per 100 square metres of gross leasable floor area of assembly floor area whichever is the greater Private Club 5.0 spaces per 100 square metres of gross leasable floor area Retail Store 4.5 spaces per 100 square metres of gross leasable floor area Restaurant 6.0 spaces per 100 square metres of gross leasable floor area Service and Repair Shop (non-vehicle) 4.5 spaces per 100 square metres of gross leasable floor area Supermarket 5.0 spaces per 100 square metres of gross leasable floor area Vehicle Dealership 3.0 spaces per 100 square metres of gross leasable floor area Vehicle Repair Shop 4 spaces per repair bay Veterinary Clinic 4.5 spaces per 100 square metres of gross leasable floor area Industrial Uses Ancillary retail sales 3.5 spaces per 100 square metres of gross leasable floor area Business services: such as industrial supply, industrial equipment repair, contractor shop, service and repair shop 3.5 spaces per 100 square metres of gross leasable floor area Data and communications: such as film, radio and television studio, call centre, data centre, programming and software development, phone, phone and internet provider 3.5 spaces per 100 square metres of gross leasable floor area Educational: such as community college, university, trade school, training centre, adult education 15 spaces per classroom Food processing: such as industrial bakery, dairy, cannery, distillery, brewery, meat processor 1.0 space per 100 square metres of gross leasable floor area up to 3,000 square metres of gross leasable floor area plus 0.5 spaces per 100 square metres of gross leasable floor area over 3,000 square metres of gross leasable floor area Graphics and design: such as printing, publishing, graphic design, web design 3.5 spaces per 100 square metres of gross leasable floor area Section 3.0 December 2, 2013 Seaton Area Zoning By-law 20 Industrial Uses: (continued) Light manufacturing: such as assembly, processing, packaging and fabricating wholly within an enclosed building 1.0 space per 100 square metres of gross leasable floor area up to 3,000 square metres of gross leasable floor area plus 0.5 spaces per 100 square metres of gross leasable floor area over 3,000 square metres of gross leasable floor area Research/laboratory and research and development facility 3.5 spaces per 100 square metres of gross leasable floor area Storage and warehousing as an accessory use 1.0 space per 100 square metres of gross leasable floor area up to 2,000 square metres of gross leasable floor area plus 0.5 spaces per 100 square metres of gross leasable floor area over 2,000 square metres of gross leasable floor area Community/Open Space Uses Community Centre 1 space per 4 persons capacity or 3.5 spaces per 100 square metres of gross leasable floor area, whichever is greater Community Gardens 1 space per garden plot Curling rinks, tennis courts, bowling alleys or similar recreational facilities 4 spaces per ice sheet, court or lane or similar recreational facility provided that, where facilities for a tavern/bar/pub or assembly hall are provided, the greater parking requirement for either the recreational facilities or for the assembly floor area shall apply Emergency Service Facility 3.5 spaces per 100 square metres of gross floor area Elementary School 1.5 spaces per classroom plus day care centre requirements if applicable Golf Course 50 spaces for every 9 holes Library 3.0 spaces per 100 square metres of gross leasable floor area Private School 3 spaces per classroom Secondary School 3 spaces per classroom 3.2 Part Spaces Where parking spaces are calculated by gross floor area, or similar calculation, and the required parking is a fraction, the number of parking spaces shall be rounded up to the nearest whole number. Section 3.0 December 2, 2013 Seaton Area Zoning By-law 21 3.3 Parking for Multiple Uses on One Lot a) Despite Section 3.1, where there are multiple retail, service commercial and personal service uses on a lot within a Minor Commercial Cluster “MCC”, Local Node “LN”, Community Node “CN”, Community Node – Pedestrian Predominant Area “CN-PP”, Mixed Corridor Type 2 “MC2”, Mixed Corridor Type 3 “MC3” and Employment Service “ES” zone, the minimum required parking shall be as follows: i) on a lot with less than 2,800 square metres of gross leasable area: 4.5 spaces per 100 square metres of gross leasable floor area provided that where a restaurant, supermarket, nightclub, tavern/bar/pub or assembly hall, convention hall or conference hall occupies ten percent or more of the gross leasable floor area, the individual parking requirements for that use shall apply to the gross leasable floor area devoted that that use; ii) on a lot with between 2,800 square metres to 28,000 square metres of gross leasable floor area: 4.5 spaces per 100 square metres of gross leasable floor area; iii) on a lot with more than 28,000 square metres of gross leasable floor area: 5.0 spaces per 100 square metres of gross leasable floor area. b) For all other uses in all other zones, where more than one use is being used on a lot, the required parking space will be the sum of the parking required for all uses on the lot. 3.4 Size of Parking Spaces and Aisles a) Parking spaces shall be a minimum of 2.6 metres in width and 5.3 metres in length, exclusive of any land used for access, manoeuvring, driveway or similar purpose. b) Parking lot aisles shall be a minimum of 3.8 metres in width for one way traffic and a minimum of 6.5 metres in width for two way traffic. 3.5 Setbacks of Parking Spaces and Lots a) No parking lot or parking space shall be permitted within 3.0 metres of a street line or within any daylighting triangle. b) No parking lot or parking space shall be permitted within 3.0 metres of a property line abutting a residential zone. c) Notwithstanding Section 3.5 a) and b), individual parking spaces for a detached dwelling, semi-detached dwelling, street townhouse dwelling, duplex dwelling, multiple attached dwelling, and back-to-back townhouse dwelling may be located: i) within 3.0 metres of a street line but not within a daylighting triangle; ii) in a rear yard of a residential zone a minimum of 1.0 metre from the nearest rear lot line except where the rear lot line abuts a lane in which case the parking space shall be set back a minimum of 0.6 metres; and Section 3.0 December 2, 2013 Seaton Area Zoning By-law 22 iii) in an interior side yard of a residential zone to a minimum of 0.6 metres to the nearest interior side lot line, except where the driveway is a mutual driveway in which case no set back is required to the interior side lot line. 3.6 Standards for Parking Pads a) One parking pad shall be permitted on a lot instead of, or in addition to, a detached private garage where: i) an attached private garage does not form part of the dwelling on the lot; and, ii) the parking pad is located in accordance with the regulations for detached private garages. b) In addition, one parking pad shall be permitted in addition to an attached or detached private garage on a lot accessed by a lane and can be located in the yard adjacent to the private garage provided the parking pad is located in accordance with the regulations for detached and attached private garages accessed by a lane. c) A driveway leading to a parking pad shall be no wider than the parking pad. 3.7 Parking and Loading within yards a) In the Community Node – Pedestrian Predominant Area “CN-PP” Zone, no parking lot shall be located in the front yard or between a building and the street line or between a building and the edge of a private street. b) No loading space shall be permitted in the front yard of any zone. 3.8 Parking Space Uses The storage of goods, including for sale or display, is not permitted within required parking spaces. The storage of motor vehicles for sale and display is not exempt from this provision. 3.9 Restrictions on Vehicles in a Residential Zone No person shall, in any Residential Zone, use any lot, building or structure for the parking or storage of vehicles except in accordance with the following provisions: a) Number of Vehicles A maximum of four (4) vehicles, only one of which may be a trailer, are permitted to park on the driveway of any lot in a residential zone. b) Size of Vehicles i) For those vehicles parked on any lot, the maximum permissible height is 2.6 metres, and the maximum permissible length is 6.7 metres; ii) Notwithstanding section (i), one vehicle parked on a driveway in a side yard or rear yard can be of a size up to a maximum permissible height of 3.5 metres, and a maximum permissible length of 8.0 metres; and Section 3.0 December 2, 2013 Seaton Area Zoning By-law 23 iii) Height is measured from the established grade immediately beside the vehicle up to the vehicle's highest point, which excludes lights, antennas and other such items ancillary to the vehicle's body. c) Location of Vehicles No part of any front yard or flankage yard except a driveway is to be used for the parking or storage of vehicles and no vehicle is to encroach onto any road allowance. d) Inoperative vehicles: The parking or storage of an inoperative vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure. e) Construction Vehicles The parking or storage of a construction vehicle or a commercial vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure. f) Oversize Vehicles: A vehicle that exceeds the maximum permissible vehicle size provisions of Section 3.9b), is permitted to park temporarily on a lot in a residential zone for the sole purpose of delivering to, servicing or constructing the premises on that lot. 3.10 Loading Standards a) For every building or structure to be erected for, altered for, or its use converted to a commercial or industrial use, involving the frequent shipping, loading or unloading of persons, animals, goods, wares or merchandise, off-street loading spaces shall be provided and maintained upon the same lot on which the principal use is located and in accordance with the following: b) Any required off-street loading space shall: i) not be used for the purpose of offering commodities for sale or display; ii) provide for the temporary parking of one commercial vehicle; iii) not be not less than 3.5 metres in width nor less than 9.0 metres in length, nor less than 4.5 metres in clear and unobstructed height, exclusive of any land used for access, maneuvering, driveway or a similar purpose; iv) not be upon or partly upon any street, lane or alley; and, v) have adequate access to permit ingress and egress of a commercial vehicle from a street by means of driveways, aisles, maneuvering areas or similar areas, no part of which access is to be used for the temporary parking or storage of any motor vehicle. 3.11 Tandem Parking The required parking spaces for a dwelling unit, live work unit and / or a bed and breakfast establishment on an individual lot may be provided in a tandem configuration. Section 3.0 December 2, 2013 Seaton Area Zoning By-law 24 3.12 Private Garage Parking Size Each parking space within a private garage shall have a minimum width of 2.9 metres and a minimum depth of 6.0 metres provided, however, that the minimum required width may include one interior step, and the minimum required depth may include two interior steps. Section 4.0 December 2, 2013 Seaton Area Zoning By-law 25 4.0 Residential Zone Regulations 4.1 Uses Permitted The following Table 2 establishes the uses permitted in the Low Density Type 1 (LD1), Low Density Type 1 – Townhouse (LD1-T), Low Density Type 1 – Heritage Lot (LD1-HL) Low Density Type 2 (LD2), Low Density Type 2 – Multiple (LD2-M), Medium Density – Detached & Semi (MD-DS), Medium Density – Multiple (MD-M) and High Density (HD) zones. Table 2: Permitted Uses in Residential Zones Use Zone LD1 LD1-T LD1-HL LD2 LD2-M MD-DS MD-M HD Detached dwelling * * * * Semi-detached dwelling * * * Street townhouse dwelling * * * 1 Duplex dwelling * * * Multiple attached dwelling * * 1 Block townhouse dwelling * * Back-to-back townhouse dwelling * * Apartment dwelling * * Retail store 2 Convenience store 2 Personal service establishment 2 Bake shop 2 Café 2 Restaurant 2 Office 3 Day Care Centre 3 Medical office 3 Accessory dwelling unit * * * * * * * Model Home * * * * * * * * Notes: 1. Permitted provided an apartment building is the principle building on the lot. 2. Permitted on the ground floor of an apartment dwelling. 3. Permitted within the first 3 floors of a base / podium building. Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 26 4. 2 L o w D e n s i t y T y p e 1 ( L D 1 ) Z o n e P r o v i s i o n s 4. 2 . 1 L o t a n d B u i l d i n g R e q u i r e m e n t s b y B u i l d i n g T y p e Th e f o l l o w i n g T a b l e 3 e s t a b l i s h e s t he z o n e s t a n d a r d s t h a t a p p l y t o t h e Lo w D e n s i t y T y p e 1 ( L D 1 ) z o n e . Ta b l e 3 : L o w D e n s i t y T y p e 1 ( L D 1 ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Y a r d Mi n . Am e n i t y Ar e a Min. Front Yard Land-scaped Open Space Max. Building Height De t a c h e d d w e l l i n g – a c c e s s e d f r o m a st r e e t a b u t t i n g t h e fr o n t l o t l i n e o r fl a n k a g e l o t l i n e wi t h a t t a c h e d pr i v a t e g a r a g e 22 5 m 2 9 m 3 . 0 m (3 ) N R 1 . 2 m & 0. 6 m 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 5 % 1 1 m wi t h d e t a c h e d pr i v a t e g a r a g e 27 5 m 2 1 1 m 3 . 0 m N R 2 . 7 5 m & 0 . 6 m 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 5 % 1 1 m De t a c h e d d w e l l i n g – a cc e s s e d f r o m a l a n e (4 ) wi t h d e t a c h e d pr i v a t e g a r a g e 21 0 m 2 8 . 5 m 3 . 0 m 4 . 5 m 1 . 2 m & 0. 6 m 2. 4 m N R 4 0 m 2 (1 ) 50% 11 m wi t h a t t a c h e d pr i v a t e g a r a g e 21 0 m 2 8 . 5 m 3 . 0 m 4 . 5 m 1 . 2 m & 0. 6 m 2. 4 m N R 4 0 m 2 5 0 % 1 1 m Se m i - d e t a c h e d d w e l l i n g – a cc e s s e d f r o m a s t r e e t ab u t t i n g t h e fr o n t l o t l i n e o r fl a n k a g e l o t l i n e wi t h a t t a c h e d pr i v a t e g a r a g e 18 5 m 2 / un i t 7. 5 m / un i t 3. 0 m (3 ) N R 0 . 9 m (2 ) 2 . 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 2 % 1 1 m Se m i - d e t a c h e d d w e l l i n g – a cc e s s e d f r o m a l a n e (4 ) wi t h d e t a c h e d pr i v a t e g a r a g e 17 5 m 2 / un i t 7. 0 m / un i t 3. 0 m 4 . 5 m 0 . 9 m (2 ) 2 . 4 m N R 3 5 m 2 (1 ) 50% 11 m Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 27 Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Y a r d Mi n . Am e n i t y Ar e a Min. Front Yard Land-scaped Open Space Max. Building Height wi t h a t t a c h e d pr i v a t e g a r a g e 17 5 m 2/ un i t 7. 0 m / un i t 3. 0 m 4 . 5 m 0 . 9 m (2 ) 2 . 4 m N R 3 5 m 2 5 0 % 1 1 m No t e s : NR = N o R e q u i r e m e n t 1. W i t h a m i n i m u m 5 . 0 m e t r e s e p a r a t i o n b e t w e e n pr i v a t e g a r a g e a n d dw e l l i n g . 2. W h e r e se m i - d e t a c h e d d w e l l i n g s o n a b u t t i n g lo t s s h a r e a c o m m o n w a l l , n o in t e r i o r s i d e y a r d s h a l l b e r e q u i r e d , b u t w h e r e t h e d w e l l i n g s d o no t s h a r e a c o m m o n w a l l , a s e t b a c k o f 0 . 9 m e t r e s s h a l l b e r e q u i r e d . 3. T h e fr o n t y a r d s e t b a c k o f a pr i v a t e g a r a g e s h a l l m e e t t h e r e q u i r e m e n t s o f S e c t i o n 2 . 1 9 a ) . 4. O r a c c e s s e d f r o m a st r e e t a b u t t i n g t h e re a r l o t l i n e o n a th r o u g h l o t . Section 4.0 December 2, 2013 Seaton Area Zoning By-law 28 4.2.2 Additional Provisions a) No person shall erect more than one detached dwelling on any residential lot. b) Where a lot flanks a lane, the larger required minimum interior side yard shall abut the lane. 4.3 Low Density Type 1, Heritage Lot “LD1-HL” Provisions a) On lands zoned LD1-HL the minimum lot area and minimum lot frontage shall be the lot area and lot frontage existing on the date this By-law came into effect. b) The minimum yards shall be the yards existing on the date this By-law came into effect. However, yards, except the front yard, may be decreased by 10 percent subject to an approved site plan application. Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 29 4. 4 L o w D e n s i t y T y p e 1 - T o w n h o u s e ( L D 1 - T ) Z o n e P r o v i s i o n s 4. 4 . 1 L o t a n d B u i l d i n g R e q u i r e m e n t s b y B u i l d i n g T y p e Th e f o l l o w i n g T a b l e 4 e s t a b l i s h e s t h e z on e s t a n d a r d s t h a t a p p l y t o t he L o w D e n s i t y T y p e 1 – T o w n h o u s e ( L D 1 - T ) z o n e . Ta b l e 4 : L o w D e n s i t y T y p e 1 – To w n h o u s e ( L D 1 - T ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Y a r d Mi n . Am e n i t y Ar e a Min. Front Land- scaped Open Space Max. Building Height St r e e t t o w n h o u s e d w e l l i n g wi t h i n t e g r a t e d pr i v a t e g a r a g e fa c i n g t h e fr o n t l o t li n e 15 0 m 2 6 m / u n i t 3 . 0 m (2 ) N R 0 . 9 m fo r e n d un i t 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 5 % 1 1 m wi t h d e t a c h e d pr i v a t e g a r a g e ac c e s s e d f r o m a la n e (3 ) 15 0 m 2 6 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m fo r e n d un i t 2. 4 m N R 3 0 m 2 (1) 50% 11 m wi t h i n t e g r a t e d pr i v a t e g a r a g e ac c e s s e d f r o m a la n e (3 ) 14 0 m 2 6 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m fo r e n d un i t 2. 4 m N R 1 1 m 2 5 0 % 1 1 m Du p l e x d w e l l i n g 36 0 m 2 1 2 m 3 . 0 m 4 . 5 m 3 m & 0. 6 m 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 3 5 % 1 1 m No t e s : NR = N o R e q u i r e m e n t 1. W i t h a m i n i m u m 5 . 0 m e t r e s e p a r a t i o n b e t w e e n pr i v a t e g a r a g e a n d dw e l l i n g . 2. T h e fr o n t y a r d s e t b a c k o f a pr i v a t e g a r a g e s h a l l m e e t t h e r e q u i r e m e n t s o f S e c t i o n 2 . 1 9 a ) . 3. O r a c c e s s e d f r o m a st r e e t a b u t t i n g t h e re a r l o t l i n e o n a th r o u g h l o t . Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 30 4. 4 . 2 A d d i t i o n a l P r o v i s i o n s a) M a x i m u m n u m b e r o f st r e e t t o w n h o u s e d w e l l i n g s i n a st r e e t t o w n h o u s e b u i l d i n g s h a l l b e 8 . b) W h e r e a lo t f l a n k s a la n e , t h e l a r g e r r e q u i r e d m i n i m u m in t e r i o r s i d e y a r d s h a l l a b u t t h e la n e . 4. 5 L o w D e n s i t y T y p e 2 ( L D 2 ) Z o n e P r o v i s i o n s 4. 5 . 1 Lo t a n d Bu i l d i n g Re q u i r e m e n t s b y Bu i l d i n g Ty p e Th e f o l l o w i n g T a b l e 5 e s t a b l i s h e s t he z o n e s t a n d a r d s t h a t a p p l y t o t h e Lo w D e n s i t y T y p e 2 ( L D 2 ) z o n e . Ta b l e 5 : L o w D e n s i t y T y p e 2 ( L D 2 ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Y a r d Mi n Am e n i t y Ar e a Min. Front Landscaped Open SpaceMax. Building Height De t a c h e d d w e l l i n g – a cc e s s e d f r o m a s t r e e t ab u t t i n g t h e fr o n t l o t l i n e o r fl a n k a g e l o t l i n e wi t h a t t a c h e d pr i v a t e g a r a g e 22 5 m 2 9 m 3 . 0 m(3 ) NR 1 . 2 m & 0. 6 m 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 2 % 1 1 m wi t h d e t a c h e d pr i v a t e g a r a g e 27 5 m 2 1 1 m 3 . 0 m N R 2 . 7 5 m & 0 . 6 m 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 5 % 1 1 m De t a c h e d d w e l l i n g – a cc e s s e d f r o m a l a n e (4 ) wi t h d e t a c h e d pr i v a t e g a r a g e 18 5 m 2 7 . 5 m 3 . 0 m 4 . 5 m 1 . 2 m & 0. 6 m 2. 4 m N R 3 5 m 2 (1) 5 0 % 1 1 m wi t h a t t a c h e d pr i v a t e g a r a g e 18 5 m 2 7 . 5 m 3 . 0 m 4 . 5 m 1 . 2 m & 0. 6 m 2. 4 m N R 3 5 m 2 5 0 % 1 1 m Se m i - d e t a c h e d d w e l l i n g – a cc e s s e d f r o m a s t r e e t ab u t t i n g t h e fr o n t l o t l i n e o r fl a n k a g e l o t l i n e wi t h a t t a c h e d pr i v a t e g a r a g e 18 5 m 2 7 . 5 m / un i t 3. 0 m(3 ) NR 0 . 9 m (2 ) 2 . 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 3 0 % 1 1 m Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 31 Bu i l d i n g Ty p e Mi n . lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Y a r d Mi n Am e n i t y Ar e a Min. Front Landscaped Open SpaceMax. Building Height Se m i - d e t a c h e d d w e l l i n g – a cc e s s e d f r o m a l a n e (4 ) wi t h d e t a c h e d pr i v a t e g a r a g e 16 5 m 2 6 . 7 m / un i t 3. 0 m 4 . 5 m 0 . 9 m (2 ) 2 . 4 m N R 3 0 m 2 (1) / u n i t 50% 11 m wi t h a t t a c h e d pr i v a t e g a r a g e 16 5 m 2 6 . 7 m / un i t 3. 0 m 4 . 5 m 0 . 9 m (2 ) 2 . 4 m N R 3 0 m 2 / un i t 50% 11 m No t e s : 1. W i t h a m i n i m u m 5 . 0 m e t r e s e p a r a t i o n b e t w e e n pr i v a t e g a r a g e a n d dw e l l i n g . 2. W h e r e se m i - d e t a c h e d d w e l l i n g s o n a b u t t i n g lo t s s h a r e a c o m m o n w a l l , n o in t e r i o r s i d e y a r d s h a l l b e r e q u i r e d , b u t w h e r e t h e d w e l l i n g s d o no t s h a r e a c o m m o n w a l l , a s e t b a c k o f 0 . 9 m e t r e s s h a l l b e r e q u i r e d . 3. T h e fr o n t y a r d s e t b a c k o f a pr i v a t e g a r a g e s h a l l m e e t t h e r e q u i r e m e n t s o f S e c t i o n 2 . 1 9 a ) . 4. O r a c c e s s e d f r o m a st r e e t a b u t t i n g t h e re a r l o t l i n e o n a th r o u g h l o t . Section 4.0 December 2, 2013 Seaton Area Zoning By-law 32 4.5.2 Additional Provisions a) No person shall erect more than one detached dwelling on any residential lot. b) Where a lot flanks a lane, the larger required minimum interior side yard shall abut the lane. Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 33 4. 6 L o w D e n s i t y T y p e 2 – M u l t i p l e ( L D 2 - M ) Z o n e P r o v i s i o n s 4. 6 . 1 Lo t a n d Bu i l d i n g Re q u i r e m e n t s b y Bu i l d i n g Ty p e Th e f o l l o w i n g T a b l e 6 e s t a b l i s h e s t h e z on e s t a n d a r d s t h a t a p p l y t o t he L o w D e n s i t y T y p e 2 - M u l t i p l e ( L D 2 - M ) z o n e . Ta b l e 6 : L o w D e n s i t y T y p e 2 -M u l t i p l e ( L D 2 - M ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Min. Front Landscaped Open SpaceMax. Building Height St r e e t t o w n h o u s e d w e l l i n g wi t h i n t e g r a t e d pr i v a t e g a r a g e fa c i n g t h e fr o n t lo t l i n e 15 0 m 2 6 m / u n i t 3 . 0 m (3 ) N R 0 . 9 m fo r e n d un i t 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 5 % 1 1 m wi t h d e t a c h e d pr i v a t e g a r a g e /pa r k i n g s p a c e ac c e s s e d f r o m a la n e (4 ) 12 5 m 2 5 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m fo r e n d un i t 2. 4 m N R 3 0 m 2 (1 ) / un i t 50% 12 m wi t h i n t e g r a t e d pr i v a t e g a r a g e ac c e s s e d f r o m a la n e (4 ) 10 5 m 2 5 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m fo r e n d un i t 2. 4 m N R 1 1 m 2 / un i t 50% 12 m Du p l e x dw e l l i n g 30 0 m 2 1 2 m 3 . 0 m 4 . 5 m 3 m & 0. 6 m 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 3 5 % 1 1 m Mu l t i p l e at t a c h e d bu i l d i n g 45 0 m 2 2 7 m 3 . 0 m 4 . 5 m 0 . 9 m 2 . 4 m N R 1 1 m 2 / un i t 40% 16 m Ba c k t o b a c k to w n h o u s e dw e l l i n g 70 m 2 5 . 5 m / un i t 3. 0 m (3 ) N R 0 . 9 m fo r e n d un i t 2. 4 m N R 1 1 m 2 / un i t 22% 12 m Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 34 Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Min. Front Landscaped Open SpaceMax. Building Height Bl o c k To w n h o u s e Bu i l d i n g NR 5 0 m 3 . 0 m N R 1 . 2 m 2 . 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 5 % (2) 11 m No t e s : NR = N o R e q u i r e m e n t 1. W i t h a m i n i m u m 5 . 0 m e t r e s e p a r a t i o n b e t w e e n pr i v a t e g a r a g e a n d dw e l l i n g . 2. F r o n t la n d s c a p e d o p e n s p a c e s h a l l b e m e a s u r e d f r o m t h e fr o n t w a l l o f t h e bu i l d i n g t o t h e e d g e o f t h e pr i v a t e s t r e e t . 3. T h e fr o n t y a r d s e t b a c k o f a pr i v a t e g a r a g e s h a l l m e e t t h e r e q u i r e m e n t s o f S e c t i o n 2 . 1 9 a ) . 4. O r a c c e s s e d f r o m a st r e e t a b u t t i n g t h e re a r l o t l i n e o n a th r o u g h l o t . Section 4.0 December 2, 2013 Seaton Area Zoning By-law 35 4.6.2 Additional Provisions a) Minimum depth of a lot for back-to-back townhouse dwellings shall be 13.0 metres. b) Maximum number of street townhouse dwellings in a street townhouse building shall be 8. c) Maximum number of back-to-back townhouse dwellings in a back-to-back townhouse building shall be 16. d) The minimum separation between block townhouse buildings on the same lot shall be 1.2 metres for a side wall to side wall condition, 12.0 metres for a rear wall to rear wall condition, and 13.5 metres for a front wall to front wall condition. e) No private streets shall be permitted between the front wall of a block townhouse building and a street. f) Block townhouse buildings adjacent to a street shall have their primary entrance doors oriented to the street. g) Where a lot flanks a lane, the larger required minimum interior side yard shall abut the lane. Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 36 4. 7 M e d i u m D e n s i t y – D e t a c h e d & S e m i ( M D - D S ) Z o n e P r o v i s i o n s 4. 7 . 1 L o t a n d B u i l d i n g R e q u i r e m e n t s b y B u i l d i n g T y p e Th e f o l l o w i n g T a b l e 7 e s t a b l i s h e s t h e z on e s t a n d a r d s t h a t a p p l y t o th e M e d i u m D e n s i t y – D e t a c h e d & S e m i ( M D - D S ) zo n e . Ta b l e 7 : t h e M e d i u m D e n s i t y – S i ng l e & S e m i ( M D - S ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Min. Front Landscaped Open SpaceMax. Building Height De t a c h e d d w e l l i n g – a cc e s s e d f r o m a st r e e t ab u t t i n g t h e fr o n t l o t l i n e o r fl a n k a g e l o t l i n e wi t h a t t a c h e d pr i v a t e g a r a g e 20 0 m 2 8 m 3 . 0 m(3 ) NR 1 . 2 m & 0. 6 m 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 3 0 % 1 2 . 5 m De t a c h e d d w e l l i n g – a cc e s s e d f r o m a l a n e (4 ) wi t h d e t a c h e d pr i v a t e g a r a g e 17 5 m 2 7 . 0 m 3 . 0 m 4 . 5 m 1 . 2 m & 0. 6 m 2. 4 m N R 3 5 m 2 (1 ) 50% 12.5 m wi t h a t t a c h e d pr i v a t e g a r a g e 17 5 m 2 7 . 0 m 3 . 0 m 4 . 5 m 1 . 2 m & 0. 6 m 2. 4 m N R 3 5 m 2 5 0 % 1 2 . 5 m Se m i - d e t a c h e d d w e l l i n g – a cc e s s e d f r o m a s t r e e t ab u t t i n g t h e fr o n t l o t l i n e o r fl a n k a g e l o t l i n e wi t h a t t a c h e d pr i v a t e g a r a g e 18 5 m 2 7 . 5 m / un i t 3. 0 m(3 ) NR 0 . 9 m (2 ) 2 . 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 5 % 1 2 . 5 m Se m i - d e t a c h e d d w e l l i n g – a cc e s s e d f r o m a l a n e (4 ) wi t h d e t a c h e d pr i v a t e g a r a g e 15 0 m 2 6 . 0 m / un i t 3. 0 m 4 . 5 m 0 . 9 m (2 ) 2 . 4 m N R 3 0 m 2 (1 ) / u n i t 50% 12.5 m wi t h a t t a c h e d pr i v a t e g a r a g e 15 0 m 2 6 . 0 m / un i t 3. 0 m 4 . 5 m 0 . 9 m (2 ) 2 . 4 m N R 3 0 m 2 / un i t 50% 12.5 m Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 37 No t e s : NR = N o R e q u i r e m e n t 1. W i t h a m i n i m u m 5 . 0 m e t r e s e p a r a t i o n b e t w e e n pr i v a t e g a r a g e a n d dw e l l i n g . 2. W h e r e se m i - d e t a c h e d d w e l l i n g s o n a b u t t i n g lo t s s h a r e a c o m m o n w a l l , n o in t e r i o r s i d e y a r d s h a l l b e r e q u i r e d , b u t w h e r e t h e d w e l l i n g s do n o t s h a r e a c o m m o n w a l l , a s e t b a c k o f 0 . 9 m e t r e s s h a l l b e r e q u i r e d . 3. T h e fr o n t y a r d s e t b a c k o f a pr i v a t e g a r a g e s h a l l m e e t t h e r e q u i r e m e n t s o f S e c t i o n 2 . 1 9 a ) . 4. O r a c c e s s e d f r o m a st r e e t a b u t t i n g t h e re a r l o t l i n e o n a th r o u g h l o t . 4. 7 . 2 A d d i t i o n a l P r o v i s i o n s a) W h e r e a lo t f l a n k s a la n e , t h e l a r g e r r e q u i r e d m i n i m u m in t e r i o r s i d e y a r d s h a l l a b u t t h e la n e . Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 38 4. 8 M e d i u m D e n s i t y – M u l t i p l e ( M D - M ) Z o n e P r o v i s i o n s 4. 8 . 1 L o t a n d B u i l d i n g R e q u i r e m e n t s b y B u i l d i n g T y p e Th e f o l l o w i n g T a b l e 8 e s t a b l i s h e s t h e zo n e s t a n d a r d s t h a t a p p l y t o t h e M e d i u m D e n s i t y – M u l t i p l e ( M D - M ) z o n e . Ta b l e 8 : t h e M e d i u m D e n s i t y – M e d i u m De n s i t y – M u l t i p l e ( M D - M ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Y a r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Min. Front Landscaped Open SpaceMax. Building Height St r e e t t o w n h o u s e d w e l l i n g wi t h i n t e g r a t e d pr i v a t e g a r a g e fa c i n g t h e fr o n t l o t li n e 15 0 m 2 / u n i t 6 m / u n i t 3 . 0 m (5 ) NR 0 . 9 m f o r en d u n i t 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 2 5 % 1 2 . 5 m wi t h d e t a c h e d pr i v a t e g a r a g e ac c e s s e d f r o m a la n e (6 ) 12 5 m 2 / u n i t 5 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m f o r en d u n i t 2. 4 m N R 2 5 m 2 (1 ) / un i t 50% 12.5 m wi t h i n t e g r a t e d pr i v a t e g a r a g e ac c e s s e d f r o m a la n e (6 ) 10 5 m 2 / u n i t 5 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m f o r en d u n i t 2. 4 m N R 1 1 m 2 / un i t 50% 12.5 m Du p l e x d w e l l i n g 30 0 m 2 1 2 m 3 . 0 m 4 . 5 3 m & 0 . 6 m 2. 4 m 6 m / 5 m ad j a c e n t to N H S zo n e NR 3 5 % 1 2 . 5 m Mu l t i p l e at t a c h e d bu i l d i n g 45 0 m 2 2 7 m 3 . 0 m 4 . 5 0 . 9 m 2 . 4 m 6 m / 5 m ad j a c e n t to N H S zo n e 11 m 2 / un i t 40% 16 m Ba c k t o b a c k to w n h o u s e dw e l l i n g 70 m 2 / un i t 5. 5 m / un i t 3. 0 m (5 ) NR 0 . 9 m f o r en d u n i t 2. 4 m N R 1 1 m 2 / un i t 22% 12.5 m Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 39 Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Y a r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Min. Front Landscaped Open SpaceMax. Building Height Ap a r t m e n t bu i l d i n g NR 4 5 m 2 m 4 . 5 m (2 ) , ( 3 ) 6. 0 m (3 ) 0 m m i n / 2 m (2 ) , ( 3 ) ma x 7. 5 m (3 ) N R N R 1 0 . 5 m min / 20 m max Bl o c k To w n h o u s e Bu i l d i n g NR 5 0 m 3 . 0 m 5 . 5 m 1 . 2 m 2 . 4 m 6 m N R 2 5 % (4) 10.5 m No t e s : NR = N o R e q u i r e m e n t 1. W i t h a m i n i m u m 5 . 0 m e t r e s e p a r a t i o n b e t w e e n pr i v a t e g a r a g e a n d dw e l l i n g . 2. 2 5 p e r c e n t o f t h e bu i l d i n g fa c i n g t h e st r e e t c a n h a v e a g r e a t e r ya r d . 3. E x c e p t t h a t f o r a n u n d e r g r o u n d g a r a g e t h e m i n i m u m se t b a c k i s 0 m e t r e s . 4. F r o n t la n d s c a p e d o p e n s p a c e s h a l l b e m e a s u r e d f r o m t h e fr o n t w a l l o f t h e bu i l d i n g t o t h e e d g e o f t h e pr i v a t e s t r e e t . 5. T h e fr o n t y a r d s e t b a c k o f a pr i v a t e g a r a g e s h a l l m e e t t h e r e q u i r e m e n t s o f S e c t i o n 2 . 1 9 a ) . 6. O r a c c e s s e d f r o m a st r e e t a b u t t i n g t h e re a r l o t l i n e o n a th r o u g h l o t . Section 4.0 December 2, 2013 Seaton Area Zoning By-law 40 4.8.2 Additional Provisions a) Minimum depth of a lot for back to back townhouse dwellings shall be 13.0 metres. b) Maximum number of street townhouse dwellings in a street townhouse building shall be 8. c) Maximum number of back-to-back townhouse dwellings in a back-to-back townhouse building shall be 16. d) The minimum separation between block townhouse buildings on the same lot shall be 1.2 metres for a side wall to side wall condition, 12.0 metres for a rear wall to rear wall condition, and 13.5 metres for a front wall to front wall condition. e) No private streets shall be permitted between the front wall of a block townhouse building and a street. f) Block townhouse buildings adjacent to a street shall have their primary entrance doors oriented to the street. g) Where a lot flanks a lane, the larger required minimum interior side yard shall abut the lane. 4.8.3 Additional Apartment Provisions a) The minimum net density shall be 40 units per hectare. b) The maximum net density shall be 80 units per hectare. c) Minimum balcony depth: 1.5 metres d) Minimum ground floor height where ground floor commercial uses are provided: 4.5 metres (floor to floor) e) Maximum building width: 60 metres f) A minimum pedestrian perception step-back of 1.5 metres shall be required above the 4th storey. g) Where the rear yard or side yard of a lot containing an apartment building abuts a property in the Low Density or Medium Density zone, the building height above 12.0 metres shall be limited by a 45-degree angular plane measured from a height of 12.0 metres at the 7.5 metre setback from adjoining Low Density or Medium Density Zones. Se c t i o n 4 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 41 4. 9 H i g h D e n s i t y ( H ) Z o n e P r o v i s i o n s 4. 9 . 1 L o t a n d B u i l d i n g R e q u i r e m e n t s b y B u i l d i n g T y p e Th e f o l l o w i n g T a b l e 9 e s t a b l i s h e s t h e z o n e s t a n d a r ds t h a t a p p l y t o t h e H i g h D e n s i t y ( H ) z o n e . Ta b l e 9 : H i g h D e n s i t y ( H ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . De p t h Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Mi n . Fr o n t La n d - sc a p e d Op e n Sp a c e Min. HeightMax. Building Height Ap a r t m e n t bu i l d i n g NR 4 5 m 2 m 4 . 5 m (1 ) , ( 2 ) 6. 0 m (2 ) 2 m m i n / 4. 5 m ma x (1 ) , ( 2 ) 45 m 7 . 5 m(2 ) NR N R 2 0 m 6 3 m Mu l t i p l e at t a c h e d bu i l d i n g NR 4 5 m 3 . 0 m 4 . 5 m 0 . 9 m 2 . 4 m m i n N R 6 m 1 1 m 2 / un i t 40 % N R 1 6 m Bl o c k To w n h o u s e Bu i l d i n g NR 4 5 m 3 . 0 m 4 . 5 m 1 . 2 m 2 . 4 m N R 6 m N R 2 5 % (3) NR 10.5 m No t e s : NR = N o R e q u i r e m e n t 1. 2 5 p e r c e n t o f t h e bu i l d i n g fa c i n g t h e st r e e t c a n h a v e a g r e a t e r ya r d . 2. E x c e p t t h a t f o r a n u n d e r g r o u n d g a r a g e t h e m i n i m u m se t b a c k i s 0 m e t r e s . 3. F r o n t la n d s c a p e d o p e n s p a c e s h a l l b e m e a s u r e d f r o m t h e fr o n t w a l l o f t h e bu i l d i n g t o t h e e d g e o f t h e pr i v a t e s t r e e t . Section 4.0 December 2, 2013 Seaton Area Zoning By-law 42 4.9.2 Additional Apartment Provisions: a) The minimum net density shall be 140 units per hectare. b) The maximum net density shall be 250 units per hectare. c) Minimum balcony depth: 1.5 metres d) Minimum ground floor height where ground floor commercial uses are provided: 4.5 metres (floor to floor) e) Maximum building width: 60 metres f) Buildings taller than 12 storeys shall have a podium and a tower component to the building, which shall meet the following requirements: i) The minimum height of a podium: 3 storeys / 10.5 metres ii) The maximum height of a podium: 5 storeys / 16.0 metres iii) Minimum setback from a podium to a tower: 5.0 metres iv) Maximum tower floor plate: 800 square metres g) For buildings 12 storeys and less, a minimum pedestrian perception step-back of 1.5 metres shall be required between the 4th storey and the 8th storey. An additional pedestrian perception step-back of 1.5 metres shall be required above the 8th storey between 80 percent and 90 percent of the building height. h) Where the rear yard or side yard of a lot containing an apartment building abuts a lot in the Low Density or Medium Density zone, the building height above 12.0 metres shall be limited by a 45-degree angular plane measured from a height of 12.0 metres at the 7.5 metre setback from adjoining Low Density or Medium Density Zones. Section 4.0 Seaton Area Zoning By-law 43 4.10 Exceptions The following Table 10 establishes the permitted use exceptions that apply to the Residential Zones. Table 10: Permitted Use Exceptions Zone # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses LD1 1 Whitevale Road frontage, west of Sideline 26 SP-2009-01, Lots 137 and 138 SP-2009-05, Lots 249- 251 and Lots 259-262 SP-2009-07, Lots 1-8, Lots 210-213 and Lot 215 Detached dwelling The following Table 11 establishes the Lot and Building and Structure exceptions that apply to the Residential Zones. Table 11: Lot and Building and Structure Exceptions Zone # Address Description of Special Provision LD1 1 Whitevale Road frontage, west of Sideline 26 SP-2009-01, Lots 137 and 138 SP-2009-05, Lots 249-251 and Lots 259-262 SP-2009-07, Lots 1-8, Lots 210- 213 and Lot 215 Minimum lot frontage: 16.0 m. Minimum lot area: 430 sq. m. Minimum front yard where a front yard abuts Whitevale Road: 6.0 m. Minimum interior side yard where an interior side yard abuts Whitevale Road: 1.8 m. Minimum flankage yard: 6.0 m. LD1 2 SP-2009-05, Street K, east of Sideline 28, Lots 233-235 Minimum rear yard: 7.5 m. LD1 3 SP-2008-11, Street S and N, Lots 313-316 and Lots 384-387 The lot line facing the OS zone shall be deemed to be the front lot line. The primary entrance door shall face the front lot line. The zone standards in Table 3 shall apply as if the lots were through lots. For detached private garages, the private garage and driveway requirements of Section 2.16 would apply as if the lots were through lots. Section 4.0 Seaton Area Zoning By-law 44 Zone # Address Description of Special Provision LD1 4 SP-2009-01, Whitevale Road, east of Sideline 26, Lots 303 and 304 Minimum lot frontage: 22.0 m. Minimum front yard for Lot 303: 10.0 m. LD1 5 SP-2008-12, Whitevale Road, east of Street P, Lots 121-125) Minimum setback for private garages and coach houses from Whitevale Road: 6.0 m. LD1 6 SP-2009-02, Street 3, Lot 38 SP-2009-03, Street 2, Lot 28 Minimum rear yard: 1.2 m. Minimum interior side yard: 1.2 m. and 6.0 m. LD2 1 SP-2009-13, Street 3, Blocks 36 and 37, Street 11, Blocks 33, 34 and 35 and Street 13, Block 38 where they abut the Trans-northern pipeline Any building, porch or deck shall have a minimum 5.0 m. setback from the lot line abutting the UT zone. LD2-M 1 SP-2009-01, Sideline 26/ Whites Road, Blocks 229 to 236 Minimum lot frontage: 4.0 m. Minimum amenity area: 9 m2 Minimum lot area: 100 m2 LD2-M 2 SP-2009-01, Sideline 26/ Whites Road, Block 375 For attached private garages accessed by a lane, the wall of the private garage facing the lane is located no further than 12.0 metres from the rear lot line. LD2-M 3 SP-2009-01, Street 10, Blocks 369 and 370 Minimum lot frontage: 4.0 m. Minimum amenity area: 9 m2 Minimum lot area: 100 m2 The lot line facing the OS zone shall be deemed to be the front lot line. The primary entrance door shall face the front lot line. The zone standards in Table 3 shall apply as if the lots were through lots. For detached private garages, the private garage and driveway requirements of Section 2.16 would apply as if the lots were through lots. MD-DS1 SP-2009-04, Street 1, Lot 22 SP-2009-02, Street 30, Lot 395 Minimum rear yard: 1.2 m. Minimum interior side yard: 1.2 m. and 6.0 m. MD-M 1 SP-2009-01, Sideline 26/ Whites Road, Blocks 225 to 228, 237 to 240 and 380. SP-2009-02, Sideline 26/ Whites Road, Blocks 1, 2. 10, 11, 291 to 299, 446, 447 Minimum lot frontage: 4.0 m. Minimum amenity area: 9 m2 Minimum lot area: 100 m2 MD-M 2 SP-2009-05, Street Q, Block 380 SP-2009-06, Street N and Whitevale By-pass, Blocks 365 to 374 Minimum front yard: 2.4 m. Section 4.0 Seaton Area Zoning By-law 45 Zone # Address Description of Special Provision MD-M 3 SP-2009-07, Blocks 216 and 217 The lot line facing the OS zone shall be deemed to be the front lot line. The primary entrance door shall face the front lot line. The zone standards in Table 8 shall apply as if the lots were through lots. For detached private garages, the private garage and driveway requirements of Section 2.16 would apply as if the lots were through lots. The minimum lot frontage abutting the OS zone for most westerly end lot in Block 216: 2.8 m. Section 5.0 December 2, 2013 Seaton Area Zoning By-law 46 5.0 Mixed Use Zone Regulation 5.1 Uses Permitted The following Table 12 establishes the uses permitted in the Mixed Corridor Type 1 (MC1), Mixed Corridor Type 2 (MC2), Mixed Corridor Type 3 (MC3), Minor Commercial Cluster (MCC), Local Node (LN), Community Node (CN) and Community Node – Pedestrian Predominant Area (CN-PP) zones. Table 12: Permitted Uses in Mixed Use Zones Use Zone MC1 MC2 MC3 MCC LN CN CN-PP Street townhouse dwelling * * Duplex dwelling * * Multiple attached dwelling * * Block townhouse building * * *1 *1 *1 Back-to-back townhouse * * *1 *1 *1 Apartment dwelling * * * * * * * Live work unit * *1 * *1 *1 * Accessory dwelling unit * * Nursing Home or Long-Term Care * * * * Retirement home * * * * Model Home * * * * * * Commercial uses: Animal Care Establishment * * * * *2 Art Gallery * * * * * * Assembly, Convention or Conference Halls * * * Arena * * * * Bake shop * * * * * * Financial Institution * * * * * Café / restaurant * * * * * * Medical office * * * * * *2 Commercial fitness / recreation centre * * * * *2 Commercial school * * * * * Convenience store * * * * * * Day Care Centre * * * * * * *2 Drive-through facility * * * * Dry-Cleaner's Distributing Station * * * * * * Funeral home * * * * Gas bar * * * * Home improvement centre * Section 5.0 December 2, 2013 Seaton Area Zoning By-law 47 Use Zone MC1 MC2 MC3 MCC LN CN CN-PP Home-based business * * * Hotel * * * Nightclub * * * * * Tavern/bar/pub * * * * * Office * * * * * *2 Personal service Establishment * * * * * * Place of amusement * * * * Place of worship * * * * * Private club * * * * *2 Retail store * * * * * * Service and repair shop * * * * Supermarket * * * Vehicle dealership * * Vehicle Repair Shop * * Veterinary clinic * * * * *2 Notes: 1. In combination with an apartment dwelling on the same site. 2. Not permitted on the ground floor. 5.1.2 Additional Use Provisions a) Within a MC2, MC3, LN or CN zone, a drive-through facility and associated stacking lanes shall not be permitted between a building and a street line for any building located within 15.0 metres of a street. b) A car washing establishment shall only be permitted by site-specific by-law. Se c t i o n 5 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 48 5. 2 M i x e d C o r r i d o r T y p e 1 ( M C 1 ) Z o n e P r o v i s i o n s 5. 2 . 1 L o t a n d B u i l d i n g R e q u i r e m e n t s b y B u i l d i n g T y p e Th e f o l l o w i n g T a b l e 1 3 e s t a b l i s h e s t h e z o n e s t a n d a r d s th a t a p p l y t o t h e M i x e d C o r r i d o r T y p e 1 ( M C 1 ) z o n e . Ta b l e 1 3 : M i x e d C o r r i d o r T y p e 1 ( M C 1 ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Min. Front Land-scaped Open Space Max. Building Height St r e e t t o w n h o u s e d w e l l i n g wi t h i n t e g r a t e d pr i v a t e g a r a g e fa c i n g t h e fr o n t l o t li n e 15 0 m 2 6 m / u n i t 3 . 0 m (5 ) NR 0 . 9 m f o r en d u n i t 2. 4 m 6 m / 5 m ad j a c e n t NH S zo n e NR 2 5 % 1 2 . 5 m wi t h d e t a c h e d pr i v a t e g a r a g e ac c e s s e d f r o m a la n e (6 ) 13 5 m 2 5 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m f o r en d u n i t 2. 4 m N R 2 5 m 2( 1 ) / un i t 50% 12.5 m wi t h i n t e g r a t e d pr i v a t e g a r a g e ac c e s s e d f r o m a la n e (6 ) 11 0 m 2 5 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m f o r en d u n i t 2. 4 m N R 1 1 m 2 / un i t 50% 12.5 m Du p l e x d w e l l i n g 30 0 m 2 1 2 m 3 . 0 m 4 . 5 3 m & 0. 6 m 2. 4 m 6 m / 5 m ad j a c e n t NH S zo n e NR 3 5 % 1 2 . 5 m Mu l t i p l e a t t a c h e d bu i l d i n g 45 0 m 2 2 7 m 3 . 0 m 4 . 5 0 . 9 m 2 . 4 m N R 1 1 m 2 / un i t 40% 16 m Ba c k t o b a c k to w n h o u s e dw e l l i n g 70 m 2 5 . 5 / u n i t 3 . 0 m (5 ) NR 0 . 9 m f o r en d u n i t 2. 4 m N R 1 1 m 2 / un i t 22% 12.5 m Se c t i o n 5 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 49 Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Min. Front Land-scaped Open Space Max. Building Height Ap a r t m e n t bu i l d i n g / Nu r s i n g H o m e o r Lo n g - T e r m C a r e NR 4 5 m 0 m 4 . 5 m (2 ) , ( 3 ) 6. 0 m (3 ) 0 m m i n / 2 m (2 ) , ( 3 ) ma x 7. 5 m (3 ) N R N R 1 0 . 5 m min / 20 m max Bl o c k To w n h o u s e Bu i l d i n g NR 5 0 m 3 . 0 m 5 . 5 m 1 . 2 m 2 . 4 m 6 m N R 2 5 % (4) 10.5 m No t e s : NR = N o R e q u i r e m e n t 1. W i t h a m i n i m u m 5 . 0 m e t r e s e p a r a t i o n b e t w e e n g a r a g e a n d dw e l l i n g . 2. 2 5 p e r c e n t o f t h e bu i l d i n g fa c i n g t h e st r e e t c a n h a v e a g r e a t e r ya r d . 3. E x c e p t t h a t f o r a n u n d e r g r o u n d g a r a g e t h e m i n i m u m se t b a c k i s 0 m e t r e s . 4. F r o n t la n d s c a p e d o p e n s p a c e s h a l l b e m e a s u r e d f r o m t h e fr o n t w a l l o f t h e bu i l d i n g t o t h e e d g e o f t h e pr i v a t e s t r e e t . 5. T h e fr o n t y a r d s e t b a c k o f a pr i v a t e g a r a g e s h a l l m e e t t h e r e q u i r e m e n t s o f S e c t i o n 2 . 1 9 a ) . 6. O r a c c e s s e d f r o m a st r e e t a b u t t i n g t h e re a r l o t l i n e o n a th r o u g h l o t . Section 5.0 December 2, 2013 Seaton Area Zoning By-law 50 5.2.2 Additional Provisions a) Minimum depth of a lot for back-to-back townhouse dwellings shall be 13.0 metres. b) Maximum number of street townhouse dwellings in a street townhouse building shall be 8. c) Maximum number of back-to-back townhouse dwellings in a back-to-back townhouse building shall be 16. d) The minimum separation between block townhouse buildings on the same lot shall be 1.2 metres for a side wall to side wall condition, 12.0 metres for a rear wall to rear wall condition, and 13.5 metres for a front wall to front wall condition. e) No private streets shall be permitted between the front wall of a block townhouse building and a street. f) Block townhouse buildings adjacent to a street shall have their primary entrance doors oriented to the street. g) Where a lot flanks a lane, the larger required minimum interior side yard shall abut the lane. 5.2.3 Additional Apartment Standards a) The minimum net density shall be 40 units per hectare and one FSI. b) The maximum net density shall be 140 units per hectare and up to and including 2.5 FSI. c) Minimum balcony depth: 1.5 metres d) Minimum ground floor height where ground floor commercial uses are provided: 4.5 metres (floor to floor) e) Maximum building width: 60 metres f) A minimum pedestrian perception step-back of 1.5 metres shall be required above the 4th storey. g) Where the rear yard or side yard of a lot containing an apartment building abuts a lot in the Low Density or Medium Density zone, the building height above 12.0 metres shall be limited by a 45-degree angular plane measured from a height of 12.0 metres at the 7.5 metre setback from adjoining Low Density or Medium Density Zones. Se c t i o n 5 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 51 5. 3 M i x e d C o r r i d o r T y p e 2 ( M C 2 ) Z o n e P r o v i s i o n s 5. 3 . 1 L o t a n d B u i l d i n g R e q u i r e m e n t s b y B u i l d i n g T y p e Th e f o l l o w i n g T a b l e 1 4 e s t a b l i s h e s th e z o n e s t a n d a r d s t h a t a p p l y t o t h e Mi x e d C o r r i d o r T y p e 2 ( M C 2 ) z o n e . Ta b l e 1 4 : M i x e d C o r r i d o r T y p e 2 ( M C 2 ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Min. Front Land-scaped Open Space Max. Building Height St r e e t t o w n h o u s e d w e l l i n g wi t h i n t e g r a t e d pr i v a t e g a r a g e fa c i n g t h e fr o n t lo t l i n e 15 0 m 2 6 m / u n i t 3 . 0 m (6 ) N R 0 . 9 m fo r e n d un i t 2. 4 m 6 m / 5 m ad j a c e n t t o NH S z o n e NR 2 5 % 1 2 . 5 m wi t h d e t a c h e d pr i v a t e g a r a g e ac c e s s e d f r o m a la n e (7 ) 12 5 m 2 5 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m fo r e n d un i t 2. 4 m N R 2 5 m 2( 1 ) / un i t 50% 12.5 m wi t h i n t e g r a t e d pr i v a t e g a r a g e ac c e s s e d f r o m a la n e (7 ) 10 0 m 2 4 m / u n i t 3 . 0 m 4 . 5 m 0 . 9 m fo r e n d un i t 2. 4 m N R 9 m 2 / un i t 50% 12.5 m Du p l e x dw e l l i n g 30 0 m 2 1 2 m 3 . 0 m 4 . 5 3 m & 0. 6 m 2. 4 m 6 m / 5 m ad j a c e n t t o NH S z o n e NR 3 5 % 1 2 . 5 m Mu l t i p l e at t a c h e d bu i l d i n g 45 0 m 2 2 7 m 3 . 0 m 4 . 5 0 . 9 m 2 . 4 m N R 1 1 m 2 / un i t 40% 16 m Ba c k t o b a c k to w n h o u s e dw e l l i n g 65 m 2 5 m / u n i t 3 . 0 m (6 ) N R 0 . 9 m fo r e n d un i t 2. 4 m N R 1 1 m 2 / un i t 22% 12.5 m Se c t i o n 5 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 52 Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Mi n . Am e n i t y Ar e a Min. Front Land-scaped Open Space Max. Building Height Li v e w o r k u n i t 12 5 m 2 5 m / u n i t 0 m 3 . 0 m 0 . 9 m fo r e n d un i t 2 m N R 2 5 m 2 / un i t NR 9m min / 12.5 m max Ap a r t m e n t bu i l d i n g / Nu r s i n g H o m e or L o n g - T e r m Ca r e / Re t i r e m e n t ho m e NR 4 5 m 0 m 3 . 0 m (2 ) ( 3 ) 6 . 0 m (3 ) 0 m m i n / 2 m (2 ) ( 3 ) ma x 7. 5 m (3 ) N R N R 2 0 m m i n / 63 m max Bu i l d i n g wi t h so l e r e t a i l / co m m e r c i a l us e s 3 0 m 0 m 3 . 0 m (2 ) 0 o r 7. 5 m (4 ) 0 m m i n / 2 m m a x 9 m N R N R 5 m m i n / 63 m max Bl o c k To w n h o u s e Bu i l d i n g NR 5 0 m 3 . 0 m 5 . 5 m 1 . 2 m 3 . 0 m 6 m N R 2 5 % (5) 10.5 m No t e s : NR = N o R e q u i r e m e n t 1. W i t h a m i n i m u m 5 . 0 m e t r e s e p a r a t i o n b e t w e e n g a r a g e a n d dw e l l i n g . 2. 2 5 p e r c e n t o f t h e bu i l d i n g fa c i n g t h e st r e e t c a n h a v e a g r e a t e r ya r d . 3. E x c e p t t h a t f o r a n u n d e r g r o u n d g a r a g e t h e m i n i m u m se t b a c k i s 0 m e t r e s . 4. A d j a c e n t t o t h e o t h e r c o m m e r c i a l u s e s , t h e m i n i m u m si d e y a r d s h a l l b e 0 m e t r e s . A d j a c e n t t o r e s i d e n t i a l u s e s , t h e m i n i m u m side yard sh a l l b e 7 . 5 m e t r e s . 5. F r o n t la n d s c a p e d o p e n s p a c e s h a l l b e m e a s u r e d f r o m t h e fr o n t w a l l o f t h e bu i l d i n g t o t h e e d g e o f t h e pr i v a t e s t r e e t . 6. T h e fr o n t y a r d s e t b a c k o f a pr i v a t e g a r a g e s h a l l m e e t t h e r e q u i r e m e n t s o f S e c t i o n 2 . 1 9 a ) . 7. O r a c c e s s e d f r o m a st r e e t a b u t t i n g t h e re a r l o t l i n e o n a th r o u g h l o t . Section 5.0 December 2, 2013 Seaton Area Zoning By-law 53 5.3.2 Additional Provisions: a) Minimum depth of individual dwelling units in a back-to-back townhouse dwelling: 13.0 metres b) Maximum number of street townhouse dwellings in a street townhouse building shall be 8. c) Maximum number of back-to-back townhouse dwellings in a back-to-back townhouse building shall be 16. d) The minimum separation between block townhouse buildings on the same lot shall be 1.2 metres for a side wall to side wall condition, 12.0 metres for a rear wall to rear wall condition, and 13.5 metres for a front wall to front wall condition. e) No private streets shall be permitted between the front wall of a block townhouse building and a street. f) Block townhouse buildings adjacent to a street shall have their primary entrance doors oriented to the street. g) Where a lot flanks a lane, the larger required minimum interior side yard shall abut the lane. 5.3.3 Additional Apartment Provisions: a) The minimum net density shall be 60 units per hectare and one FSI. b) The maximum net density shall be 180 units per hectare and up to and including 2.5 FSI. c) Minimum balcony depth: 1.5 metres d) Minimum ground floor height where ground floor commercial uses are provided: 4.5 metres (floor to floor) e) Maximum building width: 60 metres f) Buildings taller than 12 storeys shall have a podium and a tower component to the building, which shall meet the following requirements: i) The minimum Height of a podium: 3 storeys / 10.5 metres ii) The maximum Height of a podium: 5 storeys / 16.0 metres iii) Minimum setback from a podium to a tower: 5.0 metres iv) Maximum floor plate within a tower: 800 square metres g) For buildings 12 storeys and less, a minimum pedestrian perception step-back of 1.5 metres shall be required above the 4th storey and below the 8th storey. An additional pedestrian perception step-back of 1.5 metres shall be required above the 8th storey between 80 percent and 90 percent of the building height. h) Where the rear yard or side yard of the apartment site abuts a property in the Low Density or Medium Density zone, the building height above 12.0 metres shall be limited by a 45-degree angular plane measured from a height of 12.0 metres at the 7.5 metre setback from adjoining Low Density or Medium Density Zones. Section 5.0 December 2, 2013 Seaton Area Zoning By-law 54 5.3.4 Additional Commercial Building Provisions: a) In no case shall parking be permitted between a building and the front lot line. b) Parking lots abutting a street shall incorporate a 2.5 metre landscape strip between the parking lot and the street line. c) A primary entrance door open to the public shall be incorporated into the front wall of the building facing the front lot line. d) The maximum elevation of the ground floor above grade at the primary entrance door shall be 0.6 metres. e) The minimum ground floor area for a retail/commercial unit within a live work unit shall be 70 square metres. f) The maximum gross leasable area for a retail/ commercial unit within a building with sole retail /commercial uses shall be 4,000 square metres. Se c t i o n 5 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 55 5. 4 M i x e d C o r r i d o r T y p e 3 – G a t e w a y S i t e s ( M C 3 ) Z o n e P r o v i s i o n s 5. 4 . 1 L o t a n d B u i l d i n g R e q u i r e m e n t s b y B u i l d i n g T y p e Th e f o l l o w i n g T a b l e 1 5 e s t a b l i s h e s t h e z o n e s t a n d a r d s t h a t ap p l y t o t h e M i x e d C o r r i d o r T y pe 3 – G a t e w a y S i t e s ( M C 3 ) zo n e . Ta b l e 1 5 : M i x e d C o r r i d o r T y p e 3 – Ga t e w a y S i t e s ( M C 3 ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Lo t De p t h Min. Rear Yard Building Height Ap a r t m e n t bu i l d i n g / Nu r s i n g H o m e or L o n g - T e r m Ca r e / Re t i r e m e n t ho m e NR 4 5 m 0 m 3 m (1 ) 6 . 0 m ( 2 ) 0 m m i n / 2 m m a x (1 ) 45 m 7 . 5 m (2) 20 m min / 63 m max Bu i l d i n g wi t h so l e r e t a i l / co m m e r c i a l us e s NR 3 0 m 0 m 3 m (1 ) 0 o r 7. 5 m (3 ) 0 m m i n / 2 m m a x (1 ) NR 9 m 5 m m i n / 63 m max No t e s : NR = N o R e q u i r e m e n t 1. 2 5 p e r c e n t o f t h e bu i l d i n g f a c i n g t h e st r e e t c a n h a v e a g r e a t e r ya r d . 2. E x c e p t t h a t f o r a n u n d e r g r o u n d g a r a g e t h e m i n i m u m se t b a c k i s 0 m e t r e s . 3. A d j a c e n t t o t h e o t h e r c o m m e r c i a l u s e s , t h e m i n i m u m si d e y a r d s h a l l b e 0 m e t r e s . A d j a c e n t t o r e s i d e n t i a l u s e s , t h e m i n i m u m si d e y a r d s h a l l b e 7 . 5 m e t r e s . Section 5.0 December 2, 2013 Seaton Area Zoning By-law 56 5.4.2 Additional Apartment Provisions: a) The minimum net density shall be 60 units per hectare and one FSI. b) The maximum net density shall be 180 units per hectare and up to and including 2.5 FSI. c) Minimum balcony depth: 1.5 metres d) Minimum ground floor height where ground floor commercial uses are provided: 4.5 metres (floor to floor) e) Maximum building width: 60 metres f) Buildings taller than 12 storeys shall have a podium and a tower component to the building, which shall meet the following requirements: i) The minimum height of a podium: 3 storeys / 10.5 metres ii) The maximum height of a podium: 5 storeys / 16.0 metres iii) Minimum setback from a podium to a tower: 5.0 metres iv) Maximum floor plate within a tower: 800 square metres g) For buildings 12 storeys and less, a minimum pedestrian perception step-back of 1.5 metres shall be required above the 4th storey and below the 8th storey. An additional pedestrian perception step-back of 1.5 metres shall be required above the 8th storey between 80 percent and 90 percent of the building height. h) Where the rear yard or side yard of a lot containing an apartment building abuts a lot in the Low Density or Medium Density zone, the building height above 12.0 metres shall be limited by a 45-degree angular plane measured from a height of 12.0 metres at the 7.5 metre setback from adjoining Low Density or Medium Density Zones. i) Block Townhouse dwellings and back to back townhouse dwellings constructed on a site in conjunction with an apartment dwelling shall meet the setback, amenity area, landscaped open space and height requirements of the MC2 zone for those dwelling types. 5.4.3 Additional Commercial Building Provisions: a) In no case shall parking be permitted between a building and the front lot line. b) Parking lots abutting a street shall incorporate a 2.5 metre landscape strip between the parking lot and the street line. c) A primary entrance door open to the public shall be incorporated into the front wall of the building facing the front lot line. d) The maximum gross leasable area for a retail/commercial unit within a building with sole retail /commercial uses shall be 4,000 square metres. Se c t i o n 5 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 57 5. 5 M i n o r C o m m e r c i a l C l u s t e r s – ( M C C ) Z o n e P r o v i s i o n s 5. 5 . 1 B u i l d i n g T y p e s a n d R e l a t e d S t a n d a r d s Th e f o l l o w i n g T a b l e 1 6 e s t a b l i s h e s t h e z o n e s t a n d a r d s t h a t a p p l y t o t h e M i n o r C o m m e r c ia l C l u s t e r s ( M C C ) z o n e . Ta b l e 1 6 : M i n o r C o m m e r c i a l C l us t e r s ( M C C ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Ma x . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Min. Amenity Area Building Height Li v e w o r k U n i t 11 0 m 2 N R 6 m / u n i t 0 m 3 m 0 . 9 m a t bu i l d i n g en d 2 m N R 1 1 m 2 9 m min / 12.5 m max Bu i l d i n g wi t h so l e r e t a i l / co m m e r c i a l us e s NR N R 3 0 m 0 m 3 m 0 o r 7. 5 m (1 ) 0 m m i n / 2 m m a x 9 m N R 5 m m i n / 12.5 m max No t e s : NR = N o R e q u i r e m e n t 1. A d j a c e n t t o t h e o t h e r c o m m e r c i a l u s e s , t h e m i n i m u m si d e y a r d s h a l l b e 0 m e t r e s . A d j a c e n t t o r e s i d e n t i a l u s e s , t h e m i n i m u m side ya r d s h a l l b e 7 . 5 m e t r e s . 5. 5 . 2 A d d i t i o n a l P r o v i s i o n s : a) I n n o c a s e s h a l l p a r k i n g b e p e r m i t t e d b e t w e e n a bu i l d i n g an d t h e fr o n t l o t l i n e . b) Pa r k i n g l o t s a b u t t i n g a st r e e t s h a l l i n c o r p o r a t e a 2 . 5 m e t r e la n d s c a p e s t r i p b e t w e e n t h e pa r k i n g l o t and the street li n e . c) A pr i m a r y e n t r a n c e d o o r o p e n t o t h e p u b l i c s h a l l b e i n c o r p o r a t e d i n t o t h e fr o n t w a l l o f t h e bu i l d i n g facing the front lo t l i n e . d) T h e m i n i m u m gr o u n d f l o o r a r e a f o r a n i n d i v i d u a l re t a i l / c o m m e r c i a l u n i t i n a li v e w o r k u n i t s h a l l b e 5 0 s q u a r e me t r e s , a n d t h e m a x i m u m gr o u n d f l o o r a r e a f o r a n i n d i v i d u a l re t a i l / c o m m e r c i a l u n i t s h a l l b e 2 0 0 s q u a r e m e t r e s . Se c t i o n 5 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 58 e) T h e m i n i m u m gr o s s l e a s a b l e a r e a f o r a n i n d i v i d u a l re t a i l / c o m m e r c i a l u n i t i n a bu i l d i n g w i t h s o l e r e t a i l / c o m m e r c i a l us e s s h a l l b e 7 0 s q u a r e m e t r e s , a n d t h e m a x i m u m gr o s s l e a s a b l e a r e a f o r a n i n d i v i d u a l re t a i l / c o m m e r c i a l u n i t sh a l l b e 2 0 0 s q u a r e m e t r e s . f) T h e m a x i m u m e l e v a t i o n o f t h e gr o u n d f l o o r a b o v e gr a d e a t t h e pr i m a r y e n t r a n c e d o o r s h a l l b e 0 . 6 m e t r e s . 5. 6 L o c a l N o d e ( L N ) a n d C o m m u n i t y N o d e ( C N ) – Z o n e P r o v i s i o n s 5. 6 . 1 B u i l d i n g T y p e s a n d R e l a t e d S t a n d a r d s Th e f o l l o w i n g T a b l e 1 7 e s t a b l i s h e s t h e z o n e s t a n d a r d s t h a t a p p l y t o t h e L o c a l N o d e ( L N ) a n d C o m m u n i t y N o d e ( C N ) zo n e s . Ta b l e 1 7 : L o c a l N o d e ( L N ) a n d C o m m u n i t y N o d e ( C N ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Lo t De p t h Mi n . Re a r Ya r d Building Height Ap a r t m e n t bu i l d i n g / Nu r s i n g H o m e or L o n g - t e r m Ca r e / R e t i r e m e n t ho m e NR 4 5 m 0 m 3 m (3 ) 6 . 0 m (1 ) 0 m m i n / 2 m m a x 45 m 7 . 5 m (1) 20 m min / 63 m max Bu i l d i n g wi t h so l e r e t a i l / co m m e r c i a l us e s NR 3 0 m 0 m 3 m (3 ) 0 o r 7. 5 m (1 ) , ( 2 ) 0 m m i n / 2 m m a x NR 9 m 5 m m i n / 63 m max No t e s : NR = N o R e q u i r e m e n t 1. E x c e p t t h a t f o r a n u n d e r g r o u n d g a r a g e t h e m i n i m u m se t b a c k i s 0 m e t r e s . 2. A d j a c e n t t o t h e o t h e r c o m m e r c i a l u s e s , t h e m i n i m u m si d e y a r d s h a l l b e 0 m e t r e s . A d j a c e n t t o r e s i d e n t i a l u s e s , t h e m i n i m u m side ya r d s h a l l b e 7 . 5 m e t r e s . 3. T h e m a x i m u m fr o n t y a r d se t b a c k a p p l i e s t o a l l bu i l d i n g s lo c a t e d w i t h i n 3 0 . 0 m e t r e s o f a n a d j a c e n t ar t e r i a l r o a d , and for such buildings, th e m a x i m u m fr o n t y a r d se t b a c k a p p l i e s t o 7 5 p e r c e n t o f t h e fr o n t w a l l ; 2 5 p e r c e n t o f e a c h fr o n t w a l l c a n h a v e a g r e a t e r front yard se t b a c k . Section 5.0 December 2, 2013 Seaton Area Zoning By-law 59 5.6.2 Additional Apartment Provisions: a) The minimum net density shall be 80 units per hectare b) The maximum net density shall be 140 units per hectare and up to and including 2.5 FSI. c) Minimum balcony depth: 1.5 metres d) Minimum ground floor height where ground floor commercial uses are provided: 4.5 metres (floor to floor) e) Maximum building width: 60 metres f) Buildings taller than 12 storeys shall have a podium and a tower component to the building, which shall meet the following requirements: i) The minimum height of a podium: 3 storeys / 10.5 metres ii) The maximum height of a podium: 5 storeys / 16.0 metres iii) Minimum setback from a podium to a tower: 5.0 metres iv) Maximum floor plate within a tower: 800 square metres g) For buildings 12 storeys and less, a minimum pedestrian perception step-back of 1.5 metre shall be required above the 4th storey and below the 8th storey. An additional pedestrian perception step-back of 1.5 metres shall be required above the 8th storey between 80 percent and 90 percent of the building height. h) Where the rear yard or side yard of a lot containing an apartment building abuts a lot in the Low Density or Medium Density zone, the building height above 12.0 metres shall be limited by a 45-degree angular plane measured from a height of 12.0 metres at the 7.5 metre setback from adjoining Low Density or Medium Density Zones. g) Block Townhouse dwellings and back to back townhouse dwellings constructed on a site in conjunction with an apartment dwelling shall meet the setback, amenity area, landscaped open space and height requirements of the MC2 zone for those dwelling types. 5.6.3 Additional Commercial Provisions: a) Parking lots abutting a street shall incorporate a 2.5 metre landscape strip between the parking lot and the street line. b) A primary entrance door open to the public shall be incorporated into the front wall of all buildings facing the front lot line or alternatively on a side wall within 3.0 metres of the front wall. i) For the Community Node Zone on Taunton Road, Taunton Road shall be deemed to be the front lot line; ii) For the Community Node Zone at Sideline 26/Whites Road and the Whitevale Road By-pass, the Whitevale By-pass shall be deemed to be the front lot line; and iii) For the Community Node Zone at Sideline 22 and the Whitevale Road By-pass, the Whitevale Road By-pass shall be deemed to be the front lot line. Section 5.0 December 2, 2013 Seaton Area Zoning By-law 60 c) Within a Community Node (CN) zone and any adjacent CN-PP zone, the total gross leasable area on the ground floor of all buildings within the two zones that are available for the retailing of goods and services shall not exceed 20,000 square metres. d) For buildings under 4,000 square metres, at least 60 percent of the surface area of each wall facing and located within 30.0 metres of an adjacent arterial road shall be comprised of openings. For buildings 4,000 square metres, and larger, at least 40 percent of the surface area of each wall facing and located within 30.0 metres of an adjacent arterial road shall be comprised of openings. This provision only applies to that proportion of the wall that is within 3.0 metres of established grade. e) A minimum of 40 percent of the street line abutting an adjacent arterial road shall be the location of a front wall that is set back no further than 3.0 metres from the street line. The minimum requirement shall be deemed to be met when it is shown on an approved site plan. Se c t i o n 5 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 61 5. 7 C o m m u n i t y N o d e - P e d e s t r i a n P r e d o m i n a n t A r e a ( C N - P P ) – Z o n e P r o v i s i o n s 5. 7 . 1 B u i l d i n g T y p e s a n d R e l a t e d S t a n d a r d s Th e f o l l o w i n g T a b l e 1 8 e s t a b l i s h e s t h e z o n e s t a n d a r d s t ha t a p p l y t o t h e C o m m u n i t y No d e – P e d e s t r i a n P r e d o m i n a n t Ar e a ( C N - P P ) z o n e . Ta b l e 1 8 : C o m m u n i t y N o d e – P e d e s t r i a n P r e d o m i n a n t A r e a ( C N - P P ) Z o n e S t a n d a r d s Bu i l d i n g Ty p e Mi n . Lo t Ar e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Lo t De p t h Min. Rear Yard Building Height Ap a r t m e n t bu i l d i n g NR 4 5 m 0 m 3 m (1 ) 6 . 0 m (2 ) 0 m m i n / 2 m m a x (1 ) 45 m 7 . 5 m (2) 20 m min / 63 m max Li v e w o r k u n i t 12 5 m 5 m / u n i t 0 m 3 m 0 . 9 m a t bu i l d i n g en d 2 m N R 2 5 m 2 amenity area 12.5 m max Bu i l d i n g wi t h so l e r e t a i l / co m m e r c i a l us e s NR 3 0 m 0 m 3 m (1 ) 0 o r 7. 5 m (3 ) 0 m m i n / 2 m m a x (1 ) NR 9 m 7 . 5 m m i n / 63 m max No t e s : NR = N o R e q u i r e m e n t 1. F o r 7 5 p e r c e n t o f t h e bu i l d i n g fa c i n g t h e st r e e t , 2 5 p e r c e n t c a n h a v e a g r e a t e r ya r d . 2. E x c e p t t h a t f o r a n u n d e r g r o u n d g a r a g e t h e m i n i m u m se t b a c k i s 0 m e t r e s . 3. A d j a c e n t t o t h e o t h e r c o m m e r c i a l u s e s , t h e m i n i m u m si d e y a r d s h a l l b e 0 m e t r e s . A d j a c e n t t o r e s i d e n t i a l u s e s , t h e m i n i m u m si d e y a r d s h a l l b e 7 . 5 m e t r e s . Section 5.0 December 2, 2013 Seaton Area Zoning By-law 62 5.7.2 Additional Apartment Provisions: a) The minimum net density shall be 80 units per hectare b) The maximum net density shall be 140 units per hectare and up to and including 2.5 FSI. c) Minimum balcony depth: 1.5 metres d) Minimum ground floor height: 4.5 metres (floor to floor) e) Maximum building width: 60 metres f) Buildings taller than 12 storeys shall have a podium and a tower component to the building, which shall meet the following requirements: i) The minimum height of a podium: 3 storeys / 10.5 metres ii) The maximum height of a podium: 5 storeys / 16.0 metres iii) Minimum setback from a podium to a tower: 5.0 metres iv) Maximum floor plate within a tower: 800 square metres g) For buildings 12 storeys and less, a minimum pedestrian perception step-back of 1.5 metres shall be required above the 4th storey and below the 8th storey. An additional pedestrian perception step-back of 1.5 metres shall be required above the 8th storey between 80 percent and 90 percent of the building height. h) Where the rear yard or side yard of a lot containing an apartment building abuts a lot in the Low Density or Medium Density zone, the building height above 12.0 metres shall be limited by a 45-degree angular plane measured from a height of 12.0 metres at the 7.5 metre setback from adjoining Low Density or Medium Density Zones. g) Residential uses shall be prohibited on the ground floor of apartment dwellings facing the street or the private street within the CN-PP Zone. 5.7.3 Additional Commercial Provisions: a) Parking lots abutting a street shall incorporate a 2.5 metre landscape strip between the parking lot and the street line. b) The CN-PP zone shall straddle each side of a street or a private street. Where the CN-PP Zone does not straddle each side of a street, a private street shall be provided where: i) the front of all buildings or structures located within the CN-PP zone, face each other along the private street provided, however, that buildings located on corners may front on two intersecting streets/private streets. ii) buildings shall be separated by a minimum 17.0 metres and a maximum of 20.0 metres to accommodate pedestrian sidewalks, two through lanes of traffic and parking parallel to the traffic lanes. iii) pedestrian sidewalks on each side of the private street shall have a width of at least 3.0 metres. Section 5.0 December 2, 2013 Seaton Area Zoning By-law 63 c) A primary entrance door open to the public shall be incorporated into the front wall of the building facing the front lot line along a street or facing the pedestrian sidewalk along a private street. d) At least 60 percent of the surface area of each wall facing the street, or facing the pedestrian sidewalk along a private street, shall be comprised of openings. This provision only applies to that proportion of the wall that is within 3.0 metres of established grade. e) A minimum of 75 percent of the street line abutting the street, or facing the pedestrian sidewalk along a private street, shall be the location of a front wall that is set back no further than 5.0 metres from the street line. The minimum requirement shall be deemed to be met when it is shown on an approved site plan. f) The minimum ground floor area for a retail/commercial unit shall be 70 square metres and the maximum gross leasable area for a retail/commercial unit shall be 500 square metres. g) The width of each individual permitted use facing the street, or facing the pedestrian sidewalk along a private street, shall not exceed 15.0 metres. h) A minimum of 6,000 square metres of gross leasable area for the retailing of goods and services shall be provided within the CN-PP zone, except that the CN-PP zone located immediately north and/or south of Taunton Road between Sideline 22 and Sideline 24 shall have a minimum gross leasable area for the retailing of goods and services of 7,500 square metres. Section 5.0 Seaton Area Zoning By-law 64 5.8 Exceptions The following Table 19 establishes the permitted use exceptions that apply to the Residential Zones. Table 19: Permitted Use Exceptions Zone # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses MC1 1 SP-2009-13, West of Sideline 24, south of the pipeline but excluding the lots fronting onto Sideline 24 Detached dwelling in accordance with the provisions of the LD2 zone. LN 1 SP-2008-12, north of Whitevale Road By-pass, west of Sideline 24, Lot 568 Car washing establishment The following Table 20 establishes the Lot and Building and Structure exceptions that apply to the Mixed Use Zones. Table 20: Lot and Building and Structure Exceptions Zone # Address Description of Special Provision MC1 MC2 MC3 2 1 1 SP-2009-13, South of Taunton Road west of Sideline 24, north of the pipeline The minimum number of dwelling units: 470 MC1 3 SP-2009-13, Street 2, Blocks 8 and 9 and Street 13, Blocks 38, 39 and 40 where they abut the Trans-northern pipeline Maximum encroachment of a porch or deck into the required rear yard shall be 1.0 metre. MC1 4 SP-2008-05, Sideline 26 / Whites Road, Blocks 165 to 169 SP-2008-06, Sideline 26 / Whites Road, Blocks 32 to 35 and 6 to 10 Minimum lot frontage: 4.0 m. Minimum amenity area: 9 m2 Minimum lot area: 100 m2 Section 5.0 Seaton Area Zoning By-law 65 Zone # Address Description of Special Provision MC2 2 SP-2008-05, Street 10, Blocks 222-225 The lot line facing the OS zone shall be deemed to be the front lot line. The primary entrance door shall face the front lot line. The zone standards in Table 14 shall apply as if the lots were through lots. For detached private garages, the private garage and driveway requirements of Section 2.16 would apply as if the lots were through lots. MC2 3 SP-2009-13, South of Taunton Road, west of Sideline 24, east and west of Street 3, Blocks 5, 6, 12 and 14 Minimum lot area: 84 m2 CN 1 Community Node straddling Taunton Road between Sideline 22 and Sideline 24, SP- 2008-07 Blocks 190 - 191 and SP-2009-14 Block 76 The gross leasable area on the ground floor of all buildings within the Community Node (CN) including any adjacent CN-PP zone shall not exceed 60,000 square metres for the retailing of goods and services. Section 6.0 December 2, 2013 Seaton Area Zoning By-law 66 6.0 Employment Area Zone Regulation 6.1 Use Categories Permitted The following Tables 21 and 22 establish the permitted uses in the Prestige Employment General (PEG), Prestige Employment Node (PEN), Prestige Employment – Heritage Lot (PE-HL) and Employment Service (ES) zones. a) The following categories of uses shall be permitted. The list of specific uses after each underlined category are intended as examples only. Other similar uses which may fall under the category will also be permitted. Table 21: Categories of Uses Permitted in Employment Zones Use Zone PEG PEN PE-HL ES Light manufacturing: such as assembly, processing, packaging and fabricating wholly within an enclosed building. * Food processing: such as bakery, dairy, cannery, distillery, brewery, meat processor. * Business services: such as industrial supply, industrial equipment repair, contractor shop, service and repair shop. * * Graphics and design: such as printing, publishing, graphic design, web design * * * Educational / research: such as community college, university, trade school, training centre, adult education, laboratory and research and development facility. * * Visitor and Convention services: such as hotels, Assembly, Convention or Conference Halls * Data and communications: such as film, radio and television studio, call centre, data centre, programming and software development, phone, phone and internet provider. * * * b) The following specific uses shall be permitted in addition to those permitted uses in 6.1 a). Section 6.0 December 2, 2013 Seaton Area Zoning By-law 67 Table 22: Specific Uses Permitted in Employment Zones Use Zone PEG PEN PE-HL ES Office * * * * Commercial Fitness/ Recreation Centre *(1) * Medical office *(1) * * Restaurant *(1) * * Bake shop *(1) * * Café *(1) * * Personal Service Establishments *(1) * * Day Care Centre *(1) * * Dry-Cleaner's distributing station *(1) * Convenience store *(1) * Financial Institution *(1) * Gas bar, including an accessory car washing establishment, convenience store and/or café * Ancillary retail sales * * Dry-cleaning establishments * Storage and warehousing as an accessory use * Notes: 1. Uses are permitted within an office, hotel or other similar multi-tenant industrial building. 6.2 Use Limitations a) Uses permitted in the ES zone shall be clustered on a lot with a minimum of 4 retail / commercial units on a lot. b) ES zones shall abut an arterial road and be located within 100 metres of a signalized intersection and a transit stop. c) Only one gas bar shall be located within 100 metres of a signalized intersection. d) For ancillary retail sales, up to a maximum of 15 percent of the total gross leasable floor area of a use may be used for the display and retail sale of products manufactured, fabricated, processed or assembled on the premises provided the retail sales and display area is separated from the principal industrial use by solid partition walls. The maximum gross leasable floor area for ancillary retail sales may be increased to 25 percent provided the total gross leasable floor area of the use is less than 1,000 square metres. 6.3 Uses Prohibited The following uses shall be prohibited in the PEG and PEN zones: a) Retail stores; b) Outdoor storage; c) Waste processing station, waste transfer station and recycling facilities; Section 6.0 December 2, 2013 Seaton Area Zoning By-law 68 d) Freight transfer, trucking terminals and similar uses; e) Vehicle dealership, vehicle repair shop and automobile body shops; f) Places of worship; and g) Elementary schools, secondary schools and private schools. Se c t i o n 6 . 0 December 2, 2013 Se a t o n A r e a Z o n i n g B y - l a w 69 6. 4 E m p l o y m e n t Z o n e – Z o n e P r o v i s i o n s 6. 4 . 1 L o t a n d B u i l d i n g R e q u i r e m e n t s Th e f o l l o w i n g T a b l e 2 3 e s t a b l i s h e s t h e z o n e s s t a n d a r d s t h a t a p p l y t o t h e P r e s t i g e E m p l o y m e n t G e n e r a l ( P E G ) , Pr e s t i g e E m p l o y m e n t N o d e ( P E N ) a n d Em p l o y m e n t S e r v i c e ( E S ) z o n e s . Ta b l e 2 3 : E m p l o y m e n t Z o n e S t a n d a r d s Zo n e Mi n . / M a x . Lo t A r e a Mi n . Lo t Fr o n t a g e Mi n . Fr o n t Ya r d Ma x . Fr o n t Ya r d Mi n . In t e r i o r Si d e Ya r d Mi n . Fl a n k a g e Ya r d Mi n . Re a r Ya r d Max. Building Height PE G 0. 8 h a / n / a 4 0 m 2 m 5 m 1 . 5 m 3 m 3 m 1 6 m PE N 0. 4 h a / n / a 3 0 m 2 m 5 m 1 . 5 m 3 m 3 m 6 0 m ES 0. 4 h a / 2 h a 3 0 m 2 m 5 m 1 . 5 m 3 m 3 m 1 2 . 5 m 6. 4 . 2 A d d i t i o n a l P r o v i s i o n s : a) N o t w i t h s t a n d i n g S e ct i o n 6 . 4 . 1 , a n y lo t l i n e t h a t a b u t s H i g h w a y 4 0 7 s h a l l h a v e a m i n i m u m lo t l i n e length of 60 m e t r e s . b) N o t w i t h s t a n d i n g S e ct i o n 6 . 4 . 1 , a n in t e r i o r s i d e y a r d o r re a r y a r d se t b a c k a b u t t i n g a r e s i d e n t i a l z o n e s h a l l b e a mi n i m u m o f 7 . 5 m e t r e s , 1 0 0 p e r c e n t o f w h i c h m u s t b e l a n d s c a p e d . c) I n n o c a s e s h a l l p a r k i n g b e p e r m i t t e d b e t w e e n a bu i l d i n g an d t h e fr o n t l o t l i n e . d) A pr i m a r y e n t r a n c e d o o r s h a l l b e i n c o r p o r a t e d i n t o t h e fr o n t w a l l o f t h e bu i l d i n g fa c i n g t h e fr o n t l o t l i n e . e) F o r lo t s a b u t t i n g H i g h w a y 4 0 7 , n o bu i l d i n g , st r u c t u r e o r r e q u i r e d pa r k i n g s p a c e s a n d a i s l e s s h a l l b e p e r m i t t e d wi t h i n 1 4 . 0 m e t r e s o f t h e lo t l i n e a b u t t i n g H i g h w a y 4 0 7 . Section 6.0 December 2, 2013 Seaton Area Zoning By-law 70 6.4.3 Prestige Employment – Heritage Lot “PE-HL” Provisions a) On lands zoned PE-HL, the minimum lot area and minimum lot frontage shall be the lot area and lot frontage existing on the date this By-law came into effect. b) The minimum yards shall be the yards existing on the date this By-law came into effect. However, yards except the front yard may be decreased by 10 percent subject to an approved site plan application. 6.5 Exceptions: Section 7.0 December 2, 2013 Seaton Area Zoning By-law 71 7.0 Community Use Zone Regulations 7.1 Uses Permitted The following Table 24 establishes the uses permitted in the Community Use (CU) zone. Table 24: Permitted Uses in the Community Use Zone Use Zone CU Arena Elementary school * Secondary school * Private school * Places of worship * Library * Community centre * Day Care Centre * Emergency service facility * 7.2 Community Use (CU) Zone – Zone Provisions 7.2.1 Lot and Building Requirements The following Table 25 establishes the zones standards that apply to the Community Use (CU) zone. Table 25: Community Use (CU) Zone Standards Building Type Min. Lot Area Min. Lot Frontage Min. Front Yard Max. Front Yard Min. Interior Side Yard Min. Flankage Yard Min. Rear Yard Max. Building Height All uses NR 30 m 3 m 4.5 m(1)(2)1.5 m 3 m 7.5 m See 7.2.2 Notes: NR = No Requirement 1. The maximum front yard setback shall not apply to garage bays for emergency vehicles. 2. 25 percent of the building facing the street can have a greater yard. 3. The maximum front yard requirement can alternatively apply to the flankage yard in which case no maximum front yard would apply. 7.2.2 Height Maximum a) The maximum height of a day care centre shall be 10.5 metres. b) The maximum height of a secondary school and community centre shall be 16.0 metres. c) The maximum height of all other uses shall be 12.5 metres. Section 7.0 December 2, 2013 Seaton Area Zoning By-law 72 7.2.3 Additional Provisions: a) In no case shall parking be permitted between a building and the front lot line or alternatively a flankage lot line where applicable. b) Parking lots abutting a street shall incorporate a 2.5 metre landscape strip between the parking lot and the street line. c) Parking lots abutting a residential zone shall be set back 3.0 metres from the lot line with an intervening landscape strip. d) A primary entrance door shall be incorporated into the front wall of the building facing the front lot line or alternatively a flankage lot line where applicable. e) In the case of a place of worship, the gross floor area devoted to worship must be a minimum of 50 percent of the total gross floor area of the building. f) Where an adjacent zone permits a minimum front yard or flankage yard of 0 metres, the minimum front yard and minimum flankage yard shall be 0 metres where the adjacent flankage yards or front yards are located along the same street. g) Where the use is adjacent to a detached, semi-detached, townhouse or multiple attached dwelling, the minimum interior side yard shall be 3.0 metre and shall be increased by 1.0 metre for every metre of height in excess of 8.0 metres to a maximum of 7.5 metres. 7.3 Exceptions: The following Table 26 establishes the Lot and Building and Structure exceptions that apply to the Mixed Use Zones. Table 26: Lot and Building and Structure Exceptions Zone # Address Description of Special Provision CU 1 Block 615, Plan SP-2008-11, Sideline 24 The secondary school site shall be exempt from the provisions of Section 7.2.3 (d), which requires a primary entrance door to be incorporated into the front wall of the building facing the front lot line. Section 8.0 December 2, 2013 Seaton Area Zoning By-law 73 8.0 Natural Heritage and Open Space Zones 8.1 Uses Permitted The following Table 27 establishes the uses permitted in the District/Community Park (DCP), Open Space (OS), Stormwater Management (SWM), Golf Course (GC), Natural Heritage System (NHS), Cemetery (CE) and Hamlet Heritage Open Space (HHOS) zones. Table 27: Permitted Uses in Open Space Zones Use Zone DCP OS SWM GC NHS CE HHOS Arena * Community Centre * Community gardens * * * * Library * Outdoor public swimming pool * Outdoor skating rink * * Illuminated play fields / courts * * * Non-illuminated play fields / courts * * * * Passive fringe areas to play fields / courts * * * * Playground * * * * * Picnic area * * * * Unorganized play areas * * * * * Public trails, trailheads, rest areas * * * * * Stormwater management facilities * * * * * Existing detached dwellings * * * * Forest, fish and wildlife management and associated scientific and educational uses * Golf Course * Associated parking lots * * * * Cemetery * Place of Worship * Other social and institutional uses * Renewable energy systems * Section 8.0 December 2, 2013 Seaton Area Zoning By-law 74 8.2 Open Space (OS) Zone – Zone Provisions 8.2.1 Lot and Building Requirements The following Table 28 establishes the zone standards that apply to the District/Community Park (DCP), Open Space (OS), Stormwater Management (SWM), Golf Course (GC), Natural Heritage System (NHS) and Cemetery (CE) zones. Table 28: Open Space Zone Standards Zone Min. Front Yard Max. Front Yard Min. Interior Side Yard Min. Flankage Yard Min. Rear Yard Max. Coverage DCP 3 m 6 1.5 m 3 m 7.5 m 25% OS 3 m NR 1.5 m 3 m 7.5 m 5% SWMP NR NR NR NR NR 0% GC 15 m NR 6 m 6 m 15 m NR NHS NR NR NR NR NR NR CE 15 m NR 6 m 6 m 7.5 m NR HHOS 15 m NR 6 m 6 m 15 m 25% Notes: NR = No Requirement 8.2.2 Height Maximum a) The maximum height of a community centre shall be 16.0 metres. b) The maximum height of all other uses shall be 12.5 metres. 8.2.3 Additional Provisions: a) Parking lots abutting a street shall incorporate a 2.5 metre landscape strip between the parking lot and the street line. b) Parking lots abutting a residential zone shall be set back 3.0 metre from the lot line with an intervening landscape strip. c) Expansions to existing detached dwellings shall meet the lot and building requirements of Section 4.2.1. Section 8.0 Seaton Area Zoning By-law 75 8.3 Exceptions: The following Table 29 establishes the permitted use exceptions that apply to the Open Space Zones. Table 29: Permitted Use Exceptions Zone # Address Additional Uses Permitted Sole Permitted Uses Excluded Uses OS 1 SP-2009-11, Street 4, Block C Grading Infrastructure Utilities Buildings and structures Section 9.0 December 2, 2013 Seaton Area Zoning By-law 76 9.0 Utility Zone 9.1 Uses Permitted The following Table 30 establishes the uses permitted in the Utility (UT) zone. Table 30: Utility (UT) Zone Standards Use Permission Water storage, pumping and/or treatment facilities * Sewage pumping and/or treatment facilities * Gas, oil or geothermal pipelines * Transmission and distribution of electric power, excluding generation of electric power * Limited access highways, including associated bridges, overpasses and transit corridors * 9.2 Utility Zone – Zone Provisions 9.2.1 Lot and Building Requirements a) Buildings shall be in compliance with the most restrictive provisions of any zone(s) adjacent to the Utility (UT) zone. 9.3 Exceptions: Section 10.0 December 2, 2013 Seaton Area Zoning By-law 77 10.0 Definitions “Accessory Dwelling Unit” means one self contained dwelling unit contained within a permitted detached dwelling, semi-detached dwelling, townhouse dwelling or coach house. “Accessory” means a use or building naturally or normally incidental to, subordinate to or exclusively devoted to a principal use or building and located on the same lot as the principal use or building. “Adverse effect” means: a) impairment of the quality of the environment for any use that can be made of it; b) injury or damage to property or to plant or animal life; c) harm or material discomfort to any person; d) impairment of the health of any person; e) impairment of the safety of any person; f) rendering any lot unfit for its existing or permitted use; g) loss of enjoyment of normal use of property; and/or h) interference with a residential use or conduct of business. “Adult Entertainment Establishment” means any premises or part thereof used in the pursuance of a business, if: i. entertainment or services that are designed to appeal to exotic or sexual appetites are offered or provided in the premises or part of the premises, and without limiting the generality of the foregoing, includes services or entertainment in which a principal feature or characteristic is nudity or partial nudity of any person; or ii. body rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person’s body are performed, offered or solicited in the premises or part of the premises, but does not include premises or part or them where body-rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario; or iii. adult videos are sold, rented, or offered or displayed for sale or rental, where the proportion of adult videos to other videos exceeds 1:10 “Adult Video” means any cinematographic film, videotape, video disc, or other medium designed to produce visual images that may be viewed as moving pictures, classified by the Ontario Film Review Board or any successor agency, as both “restricted” and “adult sex film”, or any similar successor designation. “Air Conditioner” means any mechanical equipment which is required for residential domestic use and which must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 78 “Aisle, Parking Lot” means an internal roadway immediately adjacent to a parking space or loading space which provides vehicular access to and from the parking space or loading space, and is not a driveway. “Alterations, Structural” means any change in the supporting members of a building and "structurally altered" and “structurally altering” shall have a corresponding meaning. “Amenity Area” means an outdoor area located anywhere on a lot, or the roof of a parking structure, private garage or any other building which includes landscape area, but which may also include areas of decking, decorative paving or other similar surface and includes a balcony, porch or deck and which has direct access from the interior of the dwelling unit. “Ancillary Retail Sales” means a retail use which is associated with, but clearly subordinate to, a principal use: i. with a maximum gross leasable area of 15 percent of the building; ii. with a maximum gross leasable area of 250 square metres per ancillary retail use, or service commercial use; and, iii. without a separate direct exterior access. “Angular Plane” means an imaginary flat surface projecting over a lot, at an inclined angle measure up from the horizontal. “Animal Boarding Establishment” means a building, structure or part thereof, where dogs and cats and other domesticated animals, excluding livestock, are bred, raised, groomed, trained or kept for a fee on a temporary basis and may include outdoor facilities. “Animal Care Establishment” means a building, structure or part thereof, where dogs and cats and other domesticated animals, excluding livestock, are groomed and/or kept for a fee on a daily basis. “Arena” means a building or part thereof, in which the principal facilities provide for recreational activities such as curling, skating, hockey, lacrosse, broomball or other similar athletic activities, and which facilities may include dressing rooms, concession booths for the provision of food and refreshments, bleachers, equipment for making artificial ice and other such accessory facilities. “Art Gallery” means a premises where paintings, sculptures, or other works of art are exhibited or sold. “Arterial Road” means a road identified in the Pickering Official Plan as an Arterial Road Type A, B or C. “Assembly Hall” or “Convention Hall” or “Conference Hall” means a building or part of a building designed or intended to be used for such purposes as civic meetings, educational meetings, political meetings, conventions, conferences, trade shows, recreational activities or social activities and may include ancillary banquet facilities. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 79 “Automobile Body Shop” means an establishment engaged in repairing or painting of vehicle bodies. “Bake Shop” means an establishment where baked goods are made and sold to the public. “Balcony” means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. “Basement” means that portion of a building below the first storey, where the finished floor is located below established grade and at least half of its height, from finished floor to underside of floor joists of the next above storey, is located above the established grade. “Bay, Bow or Box Window” means a window that protrudes from the wall of a dwelling usually bowed, canted, polygonal, segmental, semicircular or square sided with a window on the front face in plan; one or more storeys in height, which may or may not include a foundation and may or may include a widow seat. “Bed and Breakfast Establishment” means the provision of lodging with or without meals for the traveling public within a detached dwelling. “Block” means all land fronting on one side of a street between the nearest streets, intersecting, meeting or crossing said street. “Building” means a structure occupying an area greater than 10 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. “Building, Apartment” means a building containing more than four dwelling units where the units are connected by an interior corridor. “Building, Back to Back Townhouse” means a building containing a minimum of 4 units that is divided vertically and where each unit is divided by common walls, including a common rear wall without a rear yard setback, and whereby each unit has an independent entrance to the unit from the outside accessed through the front yard or exterior side yard. “Building, Block Townhouse or Block Townhouse Building” means a building or structure that is vertically divided into a minimum of three dwelling units, each of which has an independent entrance from grade to the front and rear of the building, and each of which are divided vertically above grade by a common wall adjoining dwelling units or a private garage above grade and where all dwelling units are located on one lot and accessed from a private street, laneway or common condominium driveway. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 80 “Building Height” means the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height level between eaves and ridge. A penthouse, tower, cupola, steeple or other roof structure which is used only as an ornament upon or to house the mechanical equipment of any building shall be excluded in calculating the height of such building. “Building, Multiple Attached” means a building containing three or more dwelling units, with the dwelling units accessed by one or more common entrances and may contain some of the dwelling units accessed directly from the outside. “Building, Principal or Main” means a building, which constitutes, by reason of its use, the primary purpose for which the lot is used. “Building, Street Townhouse or Street Townhouse Building” means a building that is vertically divided into a minimum of three dwelling units, each of which has an independent entrance from grade to the front and rear of the building, and each of which are divided vertically above grade by a common wall adjoining dwelling units or a private garage above grade and where each dwelling unit Is located on an individual lot. “Café” means a restaurant with a maximum gross leasable floor area of 100 square metres and which serves non-alcoholic beverages, snacks and light meals and does not include a drive-through facility. “Cellar” means that portion of a building below the first storey, where the finished floor is located below established grade and at least half its height, from finished floor to underside of floor joists of the next above storey, is located below the established grade. “Cemetery” means the lands used or intended to be used for the interment of human remains. “Car Washing Establishment” means an establishment for washing or cleaning motor vehicles for gain. “Coach House” means a detached building containing a private garage on the ground floor and an accessory dwelling unit on the second floor. “Commercial Fitness / Recreational Centre” means a commercial establishment in which indoor fitness and recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools, exercise classes and other similar indoor recreational facilities are provided and operated for gain or profit, but does not an arena, stadium or place of amusement or entertainment as defined herein. “Commercial Vehicle” means a motor vehicle having permanently attached thereto, a truck or delivery body and may include but is not limited to a catering or canteen truck, bus, cube van, tow truck, tilt and load truck, dump truck, tractor trailer, ambulance, hearse, fire apparatus and tractor used for hauling purposes. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 81 “Community Centre” means a multi-purpose facility or part of that facility owned and operated by the City of Pickering, which offers a variety of programs and facilities of a recreational, cultural, community service, information or instructional nature. “Construction Vehicle” means a vehicle ordinarily used for building and construction purposes, such as a dump truck, bulldozer, back-hoe, or grader, and ancillary equipment used thereto. “Contractor’s Yard” means a premises of any general contractor or builder where equipment and/or materials are stored or where a contractor performs shop or assembly work. “Convenience Store” means a retail store with a maximum leasable floor area of 300 square metres where articles for sale are restricted to a limited range of goods, primarily food, toiletries, housewares, stationary and other similar daily household necessities, but does not include a supermarket. “Coverage” means the proportion of the ground floor area of all the buildings and structures on the lot to the lot area expressed as a percentage. “Dating/Escort service” means a service providing companionship for and by individuals for profit or personal gain. “Day Care Centre” means: i. indoor and outdoor premises where more than 5 children are provided with temporary care and/or guidance for a continuous period but does not provide overnight accommodation and are licensed in accordance with the applicable Provincial Act; or, ii. indoor and outdoor premises in which care is offered or supplied on a regular schedule to adults for a portion of a day but does not provide overnight accommodation. “Daylighting Triangle” means an area free of buildings, structures, fences and hedges up to 0.9 metres in height and which area is to be determined by measuring, from the point of intersection of street lines on a corner lot, the distance required by this By-law along each such street line and joining such points with a straight line. The triangular-shaped land between the intersecting street lines and the straight line joining the points the required distance along the street lines is the daylighting triangle. “Deck” means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. “Development Agreement” means an executed contract between a developer/property owner and the City of Pickering that is required in order to implement development and may include a subdivision agreement, site plan agreement, or other similar agreements for development. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 82 “Driveway” means that portion of a lot used to provide vehicular access from a roadway to an off-street parking area or loading space located on the same lot as the principal use. On a lot containing a detached dwelling, semi-detached dwelling, street townhouse dwelling, back-to-back townhouse dwelling or block townhouse dwelling, the driveway may contain a parking space. “Drive-Through Facility” means the use of land, buildings or structures, or parts thereof, to provide or dispense products or services through an attendant or a window or an automated machine, to persons remaining in motor vehicles that are in a designated stacking lane. A drive through facility may be in combination with other uses. A drive-through facility does not include a vehicle repair shop, gas bar, car washing establishment or kiosks located within parking garage or public parking lot. “Dry-Cleaner's Distributing Station” means premises used for the purpose of receiving articles or goods of fabric to be laundered or dry-cleaned elsewhere and does not include a dry cleaning establishment. “Dry Cleaning Establishment” means premises in which the business of laundry or dry cleaning is housed and where the cleaning, drying, ironing, and finishing of such goods is conducted. “Dwelling” means a building or part of a building containing one or more dwelling units, but does not include a mobile home or a trailer. “Dwelling, Apartment” means a dwelling unit in an apartment building. “Dwelling, Back-to-Back Townhouse” means a dwelling unit in a back-to-back townhouse building. “Dwelling, Block Townhouse or Block Townhouse Dwelling” means a dwelling unit in a block townhouse building. “Dwelling, Detached or Detached Dwelling” means a building containing only one primary dwelling unit but may also include an accessory dwelling unit. “Dwelling, Duplex” means a dwelling unit in a building that is divided into two (2) separate dwelling units, each with an entrance that is either independent or through a common vestibule. “Dwelling, Multiple Attached or Multiple Attached Dwelling” means a dwelling unit in a multiple attached building. “Dwelling, Semi-Detached or Semi-Detached Dwelling” means a dwelling unit in a building that is divided vertically into two dwelling units that share a common wall above grade. “Dwelling, Street Townhouse” means a dwelling unit in a townhouse building. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 83 “Dwelling Unit” means one or more habitable rooms containing separate kitchen and bathroom facilities for the private use of one or more persons as a single housekeeping unit. “Erect” means build, construct, reconstruct, alter and/or relocate a building, structure or part thereof and shall include any preliminary physical operation such as excavating, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. “Existing” or “Existed” means existing as of the date of the final passing of this By-law. “Financial Institution” means a building, or part thereof, where money is deposited, withdrawn, kept, lent or exchanged. “Floor area” means the total area of all floors of a building within the outside walls or outside finished furred partitions of the walls, but does not include a porch, non-walk-in bay window, attic, basement, enclosed or roofed walkways or loading dock. “Floorspace index (FSI)” means the total gross floor area of all buildings on a lot divided by the total area of the lot. “Front Wall” means the closest point, measured at grade level, of the wall of a building facing or most nearly facing the street from which the building has its primary entrance door. “Frontage” means all property abutting on one side of a street measured along the street line. “Funeral Home” means a building, or part of a building, used for furnishing funeral supplies and services to the public and includes facilities intended for the preparation of human body for interment or cremation and may include chapels, visitation rooms, and administrative offices. “Garage, Private” means a building, structure or part thereof, including a carport, used for the parking of motor vehicles having adequate access to a driveway. “Gas Bar” means a building or structure used for the dispensing of motor vehicle fuels and accessories and may include an accessory convenience store. “Golf Course” means a premises operated for the purpose of playing golf, and includes a golf course, driving range, miniature golf facilities and such accessory uses as a restaurant, banquet facility, retail store, fitness centre and other buildings or structures devoted to the maintenance and operation of the golf course. “Governmental Authority” means the Government of Canada or the Province of Ontario or any public board or commission established by either, or the Corporation of the Regional Municipality of Durham or The Corporation of the City of Pickering or any local board or commission, and includes any conservation authority. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 84 “Grade” or “Established Grade” means when used with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building; and when used with reference to a structure shall mean the average elevation of the finished surface of the grounds immediately surrounding such structure, exclusive in both cases of any artificial embankment. “Gross Floor Area” means the aggregate of all floor areas of a building or structure above or below established grade, which floor areas are measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. “Gross Leasable Floor Area” means the total gross floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors if any; expressed in square metres and measured from the centre line of joint partitions and from outside wall faces. “Ground Floor” means the floor of a building approximately at or first above grade. “Ground Floor Area” means the gross floor area only on the ground floor. “Heavy Machinery Repair, Sales, Service” means the service, repair, or sales of machinery or mechanical equipment of an industrial nature. “Height” means, when the regulation establishes a specific dimension, the vertical distance between the established grade to the highest point of a structure excluding architectural features such as, but not limited to, chimneys, cupolas, clock towers, weather vanes, steeples, and radio transmission towers. When the regulation establishes height in storeys, means the number of storeys. The height requirements of this By-law shall not apply to roof top mechanical penthouses provided they occupy less than 10 percent of the aggregate area of the roof of the building on which they are located and extend no higher than 5.0 metres above the maximum permitted height. “Herein” means in this By-law and shall not be limited to any particular section of this By-law. “Home-Based Business” means an accessory business, occupation or use conducted for gain or profit in a dwelling unit by a resident of that dwelling unit which is clearly subordinate to the primary residential use of that dwelling unit, and which does not create a public nuisance or adverse effect on the abutting lands and/or surrounding community. “Home Improvement Centre” means a building or part of a building wherein building materials, hardware or accessories, including lumber, are displayed or offered for sale. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 85 “Hotel” means a building, or group of buildings, each containing sleeping accommodation, catering primarily to the traveling public, for rent or hire for temporary lodging. Hotel may also include restaurant, public hall and ancillary retail uses, which are incidental and subordinate to the primary hotel function and oriented to serve the hotel patrons. “Inoperative Vehicle” means a motor vehicle that is mechanically inoperative, and/or is in a state that precludes immediate use. “Lane” means a thoroughfare not intended for general traffic circulation that provides means of vehicular access to the rear of a lot where the lot also fronts or flanks onto a street, or where a lot fronts onto public or private open space. The lane may be maintained by a condominium corporation as a private road condominium or by a governmental authority. “Landscaped Open Space” means the open unobstructed space from ground to sky at grade which is suitable for the growth and maintenance of grass, flowers, bushes and other landscaping and includes any surfaced walk, patio, stairs or similar area but does not include any driveway, or ramp, whether surfaced or not, any curb, retaining wall, parking area, interior courtyard, or any easement for the purposes of underground or overhead utilities or services where located within a front yard or exterior side yard. “Landscaped Open Space, Front” or “Front Landscaped Open Space” means the amount of landscaped open space within a front yard as a proportion of the front yard. “Landscape Strip” means an area which shall include a planting screen, or landscaped earth berm, or a combination of these features, and which may include fences and walls as part of the area. Walkways may traverse the landscape strip. “Livestock” means cattle, swine, sheep, goats, poultry, horses, ponies, donkeys and mules. “Live Work Unit” means a townhouse dwelling or multiple attached dwelling, where the ground floor only, or part thereof, may be used for commercial purposes as permitted by this By-law, except that the basement may be used for storage for the commercial use, and where the commercial and residential components can be accessed by a common internal entrance. “Loading Space” means an unobstructed area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area is provided for the temporary parking of one commercial vehicle while merchandise or materials are being loaded or unloaded from such vehicles. “Lot” means a parcel of land owned by one person or one group of persons which meets the requirements of this By-law having regard to the use to which it is put or the use to which it is proposed to be put or, if it does not meet the requirements of this By-law, is the entire holding of that one person or one group of persons put to that use at the date of the passing of this By-law or, is a parcel of land which has been legally excused from meeting the requirements of this By-law. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 86 “Lot Area” means the total horizontal area of a lot, less the horizontal area of any part of the lot which does not lie within a zone in which the proposed use is permitted. “Lot Coverage” means the total horizontal area of the part of the lot area covered by all buildings above ground level excluding eave projections to a maximum of 0.6 metres. “Lot, Corner” means a lot situated at the intersection of, and abutting at least two streets, provided that the interior angle of intersection of such streets is not more than one hundred and thirty-five (135) degrees. “Lot Depth” means the average horizontal distance between the front lot line and rear lot line. If the front lot line and rear lot line are not parallel, the lot depth shall be measured by a straight line joining the mid-point of the front lot line with the mid-point of the rear lot line. Where there is no rear lot line, the lot depth shall be measured by a straight line joining the mid-point of the front lot line with the apex of the triangle formed by the side lot lines. “Lot Frontage” means the horizontal distance between the side lot lines of a lot measured along a line parallel to and 6.0 metres distant from the front lot line. “Lot Line” means a line delineating any boundary of a lot. “Lot Line, Flankage” means the side lot line, which separates a lot from the street adjacent to it. “Lot Line, Front” means the lot line, which separates a lot from the street in front of it. Where more than one lot line separates a lot from the street, the front lot line shall be the shorter lot line. Where a lot is a through lot, the lot line abutting the wider street right of way shall be the front lot line. “Lot Line, Interior Side” means a side lot line, which is not adjacent to a street. “Lot Line, Rear” means the lot line opposite to, and most distant from, the front lot line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot line shall be represented by the point of intersection. “Lot Line, Side” means all lot lines, which join both a front lot line and a rear lot line. “Lot, Residential” means a lot situated in a residential zone and having a lot frontage and lot area in accordance with the requirements of the zone in which the same is situated. “Lot, Through” means a lot bounded on opposite sides by a street. “Medical Office” means premises designed and used for the diagnosis, examination, and medical, surgical or physiotherapeutic treatment of human patients, and which may include pharmacies and dispensaries which are limited to a maximum of 50 square metres in gross leasable floor area, waiting rooms, treatment rooms and blood testing clinics, but shall not include overnight accommodation for in-patient care. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 87 “Mobile Home” means a factory-built dwelling unit manufactured in accordance with CSA standards that is designed to be made mobile and is intended to provide permanent residence but does not include any trailer otherwise defined in this By-law. “Model Home” means a dwelling unit which is not used for residential purposes, but which is used exclusively for sales, display and marketing pursuant to an agreement with the City of Pickering. “Motor Vehicle” means automobile, motorcycle, motor assisted bicycle or any other vehicle propelled or driven other than by muscular power, but does not include a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, riding lawn-mower, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act. R.S.O. 1990, or successor thereto. “Non-Complying” means a lot, building or structure which is permitted by this By-law but which does not meet the regulations of the Zone in which it is located as of the date of passage of this By-law. “Non-Conforming” means a use or activity of any land, building or structure which is not an identified permitted use for the Zone in which it is located as of the date of passage of this By-law. “Nightclub” means a building, or part thereof, whose primary function is the provision of theatrical performances, pre-recorded music, or live musical entertainment, whether such music is provided for listening or dancing by the patrons, or any combination of the above functions, and where food and/or beverages may be served, but does not include a restaurant or an adult entertainment establishment. “Nursing Home or Long-Term Care” means a building in which persons are cared for and lodged, where, in addition to sleeping accommodation and meals, personal care, nursing services and medical care are provided or made available. “Office” means a building or part thereof, where administrative and clerical functions are carried out in the management of a business, profession, organization or public administration but shall not include a medical office. “Openings” means spaces/perforations in walls that contain windows, doors or entrance features or any combination thereof. “Outside Storage” means the occasional or continuous keeping of goods, inventory, materials or machinery or equipment outside, but does not include damaged, impounded or inoperable vehicles. “Parking Area” means one or more parking spaces, including related aisles, for the parking or storage of vehicles. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 88 “Parking Garage” means a building, or part thereof, used for the parking of vehicles and may include any permitted use in the first storey, but shall not include any area where vehicles for sale or repair are kept or stored. A parking garage includes underground parking and a parking structure. “Parking Lot” means a lot or portion thereof provided for the parking of vehicles accessory or incidental to the main use. “Parking Space” means an area of land or building that is accessible by a driveway or aisle, having access to a street or lane that is reserved for the purpose of the temporary parking or storage of one vehicle. “Parking Pad” means an open area of land that is paved and/or treated with a stable surface that is used as one or more parking spaces and which is exclusively devoted to a residential use on the same lot. “Pedestrian Perception Step-back” means the horizontal distance that the exterior wall of a storey must be offset, towards the interior of the building, measured from the outer edge of the exterior wall of the storey directly below it, or from the outer edge of the exterior wall of the storey that the by-law indicates from which it is to be offset. “Person” means an individual, association, firm, partnership or incorporated company. “Personal Service Establishment” means a building, structure, or part thereof, where services area provided and administered to individual and personal needs and where retail sale of goods accessory to the service provided is permitted and include, but is not limited to, hair care, aesthetics, health and beauty treatment, dressmaking, tailoring, shoe shinning and repair, laundromat and laundry depot. “Place of Amusement” means premises which are devoted to the offering of facilities for the playing of any game for the amusement of the public, and includes a cinema or other theatre, billiard or pool rooms, bowling alleys, or, electronic games. “Place of Worship” means a facility the primary use of which is the practice of religion, but which may include accessory uses subordinate and incidental to the primary use such as classrooms for religious instruction, programs for community social benefit, assembly areas, kitchens, offices and a residence for the faith group leader. Other than a day care centre, which shall be permitted, a place of worship shall not include a private school or residential or commercial uses. “Podium” means that portion of the first two storeys of an apartment dwelling, nursing home or long-term care building or retirement home, excluding a parking garage, mechanical floor area, storage area, service room , refuse area and/or loading space, that is permitted to encroach into a required front yard and/or exterior side yard. “Porch” means a roofed deck or portico structure attached to the exterior wall of a building. A basement may be located under the porch. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 89 “Primary Entrance Door” means the principal entrance by which the public enters or exits a building or individual retail/commercial unit or the resident enters or exits a dwelling unit. “Private Club” means a building, or part thereof, used for social, cultural, athletic or recreational activities by its members and guests or by a fraternal organization, which are not operated for profit. “Public Bath/Whirlpool” means indoor or outdoor premises where people may bathe, swim, or lounge within pools or tanks of water. “Public Hospital” means any institution, building or other premises established for the treatment of persons afflicted with or suffering from sickness, disease or injury, or for the treatment of convalescent or chronically ill persons that is approved under the Public Hospitals Act as a public hospital and may include a gift shop, cafeteria or other accessory uses normally associated with a hospital. “Retail/commercial unit” means a building or a separate unit within a building that is separately owned or leased and used for retail or commercial purposes. “Retirement home” means a building in which 6 or more persons are cared for and lodged, where, in addition to sleeping accommodation and meals, at least one other personal care service is provided such as nursing services, assistance with feeding, assistance with bathing or assistance with personal hygiene. “Restaurant” means a building or part of a building where the principal business is the preparation of food for retail sale to the public for immediate consumption on or off the premises, or both on and off the premises but shall not include a night club. “Retail Store” means premises in which goods and merchandise are offered or kept for retail sale or rental to the public. This definition shall not include any establishment otherwise defined in this By-law. “School, Commercial” or “Commercial School” means a building, or part thereof, where instruction of a skill is provided for profit and may include instruction in a trade, business, art, music, dance, cooking, athletic skill or any other specialized instruction but does not include a commercial fitness/recreation centre a college or university. “School, Elementary” or “Secondary School” means a place of instruction maintained and operated under the jurisdiction of a governmental authority. “School, Private” means a place of instruction (excepting a commercial school or private career college) offering courses equivalent to those customarily offered in a elementary school or secondary school. “Service and Repair Shop” means a premises for the servicing, repairing or renting, of articles, goods or materials but shall not include any vehicle, recreational vehicle or boats. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 90 “Setback” means the distance between a building and a lot line. In calculating the setback the horizontal distance from the respective lot line shall be used. “Shelter” means a building or structure used solely for the purposes of providing temporary shelter and shall not be used for human habitation. “Stacking Lane” means an area of land that is used exclusively for queued vehicles whose occupants are waiting to be provided with goods, materials or services from a drive-through facility. “Storey” means that portion of a building other than a basement, cellar, or attic, included between the surface of any floor, and the surface of the floor, roof deck or ridge next above it. “Storey, First” means the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade. “Street” means a public highway but does not include a lane. Where a 0.3 metre reserve abuts a street, or where a daylighting triangle abuts a street, for the purposes of determining a front lot line, flankage lot line, flankage yard and corner lot, the street shall be deemed to include the 0.3 metre reserve and / or the daylighting triangle, however, nothing herein shall be interpreted as granting a public right of access over the 0.3 metre reserve or as an assumption of the 0.3 metre reserve as a public highway for maintenance purposes under the Municipal Act “Street Line” means the dividing line between a lot and a street. “Street, Private” means a) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; b) a private road condominium, which provides access to individual freehold lots, c) a roadway maintained by a corporation to provide vehicular and pedestrian access to parking lots and individual retail/commercial units; d) a private right-of-way over private property, that affords access to lots abutting the private street; but is not maintained by a public body and is not a lane. “Structure” means anything that is erected, built or constructed of parts joined together or any such erection fixed to or supported by the soil and/or any other structure but excludes in-ground swimming pools. “Supermarket” means a building, or part thereof, containing a departmentalized food store, but does not include a convenience store. “Tandem Parking Space” means two or more parking spaces abutting each other end to end with only one having access to an aisle. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 91 “Tavern/bar/pub” means an establishment which supplies alcoholic drinks and may provide food and entertainment and contains a walk-up bar or counter where patrons may order, obtain and pay for food and alcoholic drinks. “Taxi Service” means the operation of a service providing taxicab motor vehicles with drivers used for hire for the conveyance of goods and passengers. “Tower” means the storeys within that portion of a building or structure or part thereof located above the podium. “Tower Floor Plate” means the gross floor area of each storey within a tower. “Trailer” means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the said motor vehicle, and capable of being used for living, sleeping, or eating accommodation, or the transportation of a boat, snowmobile, tent, or materials, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn. Any items or materials placed on a trailer for the purpose of transport are to be considered as part of the trailer. “Vehicle” means a car, truck, trailer, recreational vehicle including boats, van, motorcycle, snowmobile, or any other vehicle required to be licensed. “Vehicle Dealership” means a building, or part thereof, where new or used vehicles are displayed and/or offered for sale, rent or lease including the outside storage and display of vehicles and may include an associated vehicle repair shop. “Veterinarian clinic” means a building or part of a building providing the services of a veterinarian, and facilities for the medical treatment, examination, surgery, diagnosis, grooming, general health care, and observation of domestic animals and birds. “Vehicle Repair Shop” means a premises used to conduct diagnostic services, repairs, detail and cleaning services or equipping of vehicles or in which the replacement of parts and services to vehicles are completed while the customer waits. “Waste” means a material licensed or included within a Certificate of Approval issued by Federal, Provincial, or Regional Governments which is not hazardous and not needed by the generator of that material, that is destined for either final disposal or for reprocessing to create a useable product or material, but does not include a byproduct of a manufacturing process that is used, unaltered, in another manufacturing process. “Waste, Hazardous” means any substance or material licensed or included within a Certificate of Approval issued by Federal, Provincial, or Regional Governments that, by reason of its toxic, caustic, corrosive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance. Section 10.0 December 2, 2013 Seaton Area Zoning By-law 92 “Waste Processing Station” means a facility within an enclosed building whose primary purpose is the sorting and processing of waste to create a new product or raw material on site. “Waste Transfer Station” means a facility within an enclosed building whose primary purpose is the collection and storage of waste or hazardous waste for shipment, and which may include limited sorting or preparation of that waste to facilitate its shipment for final disposal or to a waste processing station, but does not include salvage yards or scrap metal yards. “Warehousing” means the housing or storage of goods, wares, merchandise, food-stuffs, substances, articles, or things before wholesale distribution to a retailer. “Wholesaling” means the distribution of goods, wares, merchandise, food-stuffs, substances, articles, or things, in large quantities, to a business or retailer for eventual or further distribution, processing, assembly, or retail sale. “Yard” means any open, uncovered, unoccupied space appurtenant to a building. “Yard, Flankage” means a side yard adjacent to a street. “Yard, Front” means a yard extending across the full width of the lot between the front lot line and the nearest wall of any main building on the lot for which the yard is required. “Yard, Interior Side” means a side yard not adjacent to a street. “Yard, Rear” means a yard extending across the full width of the lot between the rear lot line and the nearest wall of any main building on the lot for which the yard is required. “Yard, Side” means a yard extending from the front yard to the rear yard between the side lot line and the nearest wall of any building or structure on the lot for which the yard is required. Section 11.0 December 2, 2013 Seaton Area Zoning By-law 93 11.0 Holding Provisions Notwithstanding any other provisions of this By-law, where a zone symbol is preceded by an open bracket and the letter “H” and a closed bracket, the lands subject to that zone shall be used only for the uses, buildings and structures that existed at the date of the passing of this By-law, until the “H” is removed. Council may pass a by-law to remove the Holding (H) Symbol, thereby placing the lands in the zone indicated by the zone symbol, when all of the applicable requirements have been met. 11.1 Holding Zones The following Holding provisions apply to the properties specified: The lands beyond the Phase 1 lands as identified on Figure C of the staged servicing and Implementation Strategy dated October 2012. a) The “(H)” Holding Symbol shall be removed when: i) a transportation study is completed identifying the need, and if warranted, the extent and timing of additional transportation improvements including collector and arterial roads internal to the Seaton Urban Area, road linkages external to the Seaton Urban Area including linkages internal and external to Durham Region and interchanges with Highway 407 ETR that may be required to support development beyond the first phase, which shall not exceed 9,800 detached equivalent units, as defined in the Staged Servicing and Implementation Strategy. The transportation study is to be undertaken by the landowners in consultation with the City of Pickering, Durham Region, City of Toronto and York Region and shall be in accordance with Policy 11.74 (b) of the Pickering Official Plan, as amended by Pickering Official Plan Amendment 22; and ii) the City is satisfied that the transportation improvements identified in the transportation study referred to in (i) above as required to support the development of the subsequent phase to be released from the H - holding provision will be provided in accordance with the timing recommended by the transportation study, and that satisfactory arrangements are in place for the funding of those transportation improvements. Section 12.0 December 2, 2013 Seaton Area Zoning By-law 94 12.0 Zoning Maps The zones and zone boundaries are shown on the Zone Maps, which are attached to and form part of this By-law. Ne i g h b o u r h o o d 1 6 : DE C E M B E R 2 , 2 0 1 3 La m o r e a u x Ne i g h b o u r h o o d N1 7 N1 8 N1 9 Zo n i n g Ne i g h b o u r h o o d 1 8 : DE C E M B E R 2 , 2 0 1 3 Mo u n t P l e a s a n t Ne i g h b o u r h o o d N1 9 N1 6 N2 1 Zo n i n g WHITEVALE Ho l d Z o n e S e e se c t i o n 1 1 . 1 o f By - l a w Ne i g h b o u r h o o d 1 9 : DE C E M B E R 2 , 2 0 1 3 Wi l s o n M e a d o w s Ne i g h b o u r h o o d N2 1 N2 0 N1 7 N1 6 N18 Zo n i n g Ho l d Z o n e S e e se c t i o n 1 1 . 1 o f By - l a w Ne i g h b o u r h o o d 2 1 : JA N U A R Y 8 , 2 0 1 4 Pi c k e r i n g I n n o v a t i o n C o r r i d o r N1 8 N1 9 DRAFT Zo n i n g GREENRIVER