PROPOSED NEW PROVISIONS WORDING OF PROVISION (73) New Provision Added in Final Zoning By-law (2018) Modifying to apply to additional lands Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 144, 145, 215, 216, 243, 244, 259, 260, 279, 280, 281, 282, 286, 287, 288, 296, and 297 of Appendix A, a golf course shall also be permitted and no building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property zoned for a low density residential use. (74) New Provision Added in Final Zoning By-law (2018) Modifying to apply to additional lands Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 30, 165, 216, 232, 242, 250, 252, 254, 255, and 266 of Appendix 'A', existing driveways, existing residential dwellings and any existing buildings or structures accessory thereto shall be permitted. (80) New Provision Added in Final Zoning By-law (2018) Modifying to apply to additional lands and revised zoning category title Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 15, 16, 37, 38, 144, 243, 244, 259, 279, 281, 282, 286, 287 and 288 of Appendix A, the following shall apply: a) The following uses are also permitted: i) Golf course ii) Curling Rink or Arena (1) iii) Swimming Facility (1) iv) Tennis Facility (1) b) No building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property zoned for a low density residential use. (1) Shall be subordinate to and located on the same premises as a golf course (119) Within the lands zoned COM-2 and shown as affected by this subsection on Zoning Grid Schedule 152 of a) no dwelling units shall be permitted; and b) off-street parking, vehicular access, pedestrian access, amenity space and other uses associated with or accessory to permitted uses located on adjacent lands zoned MIX-3 shall be permitted. (120) Within the lands zoned MIX-3 and shown as affected by this subsection on Zoning Grid Schedule 152 of a) the ground floor of any building located within 25 metres of the Strasburg Road lot line shall have a minimum height of 4.5 metres; b) no minimum or maximum percent of non-residential gross floor area is required; and, c) regulation 8.2 (1) shall not apply. (121) Within the lands zoned COM-2 and shown as affected by this subsection on Zoning Grid Schedule 234 of Appendix A, the following uses shall be permitted at such time as a Traffic Noise Study has been prepared to the satisfaction of the Region, and has been approved by the Region; and: a) Small Residential Care Facility in accordance with the regulations for the INS-1 zone within Section 11.3; and, b) Large Residential Care Facility in accordance with the regulations for the INS-1 zone within Section 11.3. (122) Within the lands zoned MIX-3 and shown as affected by this subsection on Zoning Grid Schedule 152 of a) the ground floor of any building located within 25 metres of the Huron Road lot line shall have a minimum height of 4.5 metres; b) no minimum or maximum percent of non-residential gross floor area is required; and, c) regulation 8.2 (1) shall not apply. (123) Within the lands zoned OSR-2 and shown as affected by this subsection on Zoning Grid Schedule 163 of Appendix A, off-street parking, vehicular access, pedestrian access, amenity space and other uses associated with or accessory to permitted uses located on adjacent lands shall be permitted.
PROVISIONS PROPOSED TO BE RETAINED/ 3U Notwithstanding Section 12.1 of this By-law, within the lands zoned C-6 as described in Subsections a) to h) inclusive hereafter, manufacturing shall also be permitted, except for the following types of manufacturing which shall be prohibited: Manufacturing of non-metallic mineral products; Processing, packing or canning of feed, meat, poultry or fish products; Processing or refining of petroleum or coal; Primary production of chemicals, rubber or plastic; Smelting, refining, rolling or extruding of ore or metal; Tanning or processing of pelts or leather; a) Commencing at a westerly boundary of 100.0 metres east of and parallel to the centre line of Duke Street and extending easterly to the centre line of King's Highway #7 and #8 (Conestoga Parkway) and bounded northerly by the centre line of the Canadian National Railway right-of-way and bounded southerly by the centre line of Victoria Street North, all as shown on Schedules 83, 84, 122, 139 and 140 of Appendix "A". b) Commencing at a westerly boundary of the centre line of King's Highway #7 and #8 (Conestoga Parkway) and extending easterly to the centre line of River Road and including all lots having existing frontage onto the southeasterly side of Victoria Street North, the west side of Bruce Street north of the Conestoga Parkway ramp, or the west side of River Road between Victoria Street North and Coronet Lane, all as shown on Schedules 139 and 178 of Appendix "A". c) Commencing at a northwesterly boundary of the centre line of Arlington Boulevard and extending southeasterly to the centre line of Fergus Avenue; having a southwesterly boundary of the centre line of King's Highway #7 and #8 (Conestoga Parkway) and a northeasterly boundary of the centre line of Weber Street East, all as shown on Schedules 194, 195, 220 and 221 of Appendix "A". d) Omitted (By-law 88-166, S.6) e) Part of Lot 1 of Registered Plan 865 as shown on Schedules 185 and 189 of Appendix "A". f) Lots 141, 154 to 174 inclusive and Part of Lots 142 and 153, all of Registered Plan 254 and Part of Lot 1 Registered Plan 320, as shown on Schedule 195 of Appendix "A". g) Omitted (By-law 98-108, S.15 [a]) h) Omitted (By-law 2003-163, S.52, [a]) (By-law 2004-61, S.14) 51H Notwithstanding Section 19.3 of this by-law, within the lands zoned M-1 on Schedules 83 and 84 of Appendix A, and described as Part of Lots 149 and 150, Registered Plan 376, designated as Part 2 on Plan 58R-8340, in the City of Kitchener, residential development on the most southerly 30 metres of the property shall not be permitted until such time as: a) The City of Kitchener and the Regional Municipality of Waterloo are in receipt of a (15H) 3U(M) 51H(M) Will be Site Specific Provision rather than Holding WORDING OF PROVISION Within the lands zoned MIX-3 and shown as affected by this subsection on Zoning Grid Schedule 152 of Appendix A, residential uses, places of worship, day care facility, adult education school, commercial school, post-secondary school or, secondary school shall not be permitted until such time as: a) A Land Use Compatibility Study has been prepared to the satisfaction of the City, and has been approved by the City; and, b) A Road Traffic Noise Study has been prepared to the satisfaction of the Region, and has been approved by the Region; and, c) The holding provision affecting these lands has been removed by By-law. Within the lands zoned COM-2 and shown as affected by this subsection on Zoning Grid Schedule 195 of Appendix A, existing manufacturing shall be permitted. Within the lands zoned EMP-1 and shown as affected by this subsection on Zoning Grid Schedule 83 and 84 of Appendix A, residential development on the most southerly 30 metres of the lot shall not be permitted until such time as the City and the Region are in receipt of a Record of Site Condition, prepared in accordance with the Guideline for Use at Contaminated Sites in Ontario and acknowledged by the Ministry of the Environment, for this lot confirming that this portion of the lot is suitable for residential uses.
63H 129R Record of Site Condition, prepared in accordance with the Guideline for Use at Contaminated Sites in Ontario and acknowledged by the Ministry of the Environment, for this property confirming that this portion of the subject property is suitable for residential use; and b) The holding symbol affecting these lands has been removed by By-law Notwithstanding Sections 5.13.1, 5.13.2g) and 53.1 and Special Regulation Provision 579R of this By-law, within the lands zoned MU-1 on Schedule 40 of Appendix A, the following uses and uses accessory thereto may be permitted in accordance with the regulations of Section 41.2 of this By-law until such time as the holding symbol affecting the lands has been removed by By-law: single detached dwelling; semi-detached dwelling; duplex; residential care facility having less than 9 residents, multiple dwelling up to 10.5 metres in height; private home day care; home business (located on the ground floor of a single or semi detached dwelling containing only one dwelling unit and in no case exceeding 140.0 square metres in area), including: o academic instruction; o artisan s establishment; o craftsman shop; o educational establishment; o health office; o office; o personal service (not including the cleaning of apparel); o repair service; o studio; o tourist home; o tradesman or contractor s establishment (administrative office and indoor storage only) home business in a multiple dwelling or semi-detached dwelling containing two units or more in accordance with the regulations of 5.13.3 and 5.13.4 of this By-law. The holding symbol shall not be removed until such time as the lands have been consolidated with lands fronting Belmont Avenue West and a site plan including site access from Belmont Avenue West and appropriate site buffering measures has been approved by the City s Director of Planning. Notwithstanding Sections 6.1.2, 55.1 and 55.2 of this By-law, within the lands zoned MU-3 and shown as affected by this subsection on Schedule 85 of Appendix "A", the following special regulations apply: a) the maximum building height shall be 13.5 metres within 30.0 metres of the street line of David Street; b) the minimum rear yard shall be 5.1 metres; c) the maximum Floor Space Ratio for the building as it exists on the date of passing of this By-law shall be 4.5; d) 235 parking spaces shall be required for the building as it exists on the date of passing of this By-law; and e) the following uses shall not be permitted within 30.0 metres of the street line of David Street: Artisan s Establishment Canine or Feline Grooming Commercial Entertainment Provision 63H(M) 129R(M) WORDING OF PROVISION Within the lands zoned MIX-1 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, the following uses shall not be permitted: a) Pet services establishment; b) Day care facility; c) Commercial school; d) Financial establishment; e) Health clinic; f) Light repair operation; g) Office; h) Personal services; i) Place of worship; j) Restaurant; k) Retail; and, l) Studio. The above uses shall not be permitted until such time as: a) The lands have been consolidated with lands fronting Belmont Avenue West and a site plan including site access from Belmont Avenue West and appropriate site buffering measures has been approved by the City's Director of Planning, and; b) The holding provision affecting these lands has been removed by By-law. Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 85 of a) The maximum building height shall be 4 storeys within 30 metres of the David Street street line; b) The minimum rear yard setback shall be 5.1 metres; c) 235 parking spaces shall be required for the existing building; and, d) The following uses shall not be permitted within 30 metres of the David Street street line: i) Artisan s establishment; ii) Brewpub; iii) Commercial entertainment; iv) Commercial school; v) Craftsperson shop; vi) Financial establishment; vii) Fitness centre; viii) Health clinic; ix) Hotel;
332R 397U Commercial Recreation Conference or Convention Facility Craftsman Shop Financial Establishment Health Clinic Health Office Hotel Medical Laboratory Museum Office Personal Services Private Club or Lodge Repair Service Research and Development Establishment Restaurant Retail Sanitary or Janitorial Services Scientific, Technological or Communications Establishment Studio Veterinary Services Notwithstanding Sections 6.1.2 and 54.2.2.3 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 83 of Appendix "A", a lodging house containing a maximum of five lodging units shall be permitted only within the building existing on the day of passing of the By-law and the minimum number of parking spaces required for a lodging house containing a maximum of five lodging units shall be 0. Notwithstanding Section 55.1 of this By-law, within the lands zoned MU-3 and shown as affected by this subsection on Schedule 85 of Appendix "A", the following uses shall not be permitted: Artisan s Establishment Canine or Feline Grooming Commercial Entertainment Commercial Recreation Conference or Convention Facility Craftsman Shop Financial Establishment Health Clinic Health Office Hotel Medical Laboratory Museum Office Personal Services Private Club or Lodge Repair Service Research and Development Establishment Restaurant Retail Sanitary or Janitorial Services Scientific, Technological or Communications Establishment Studio Veterinary Services 332R(M) 397U(M) WORDING OF PROVISION x) Light repair operation; xi) Office; xii) Payday loan establishment; xiii) Personal services; xiv) Pet services establishment; xv) Print shop; xvi) Restaurant; xvii) Retail; and, xviii) Veterinary services. Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 83 of Appendix A, 0 parking spaces shall be required for a lodging house containing a maximum of five lodging units. Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 85 of a) The maximum building height shall be 22.1 metres within 30.0 metres of the David Street street line; b) The following uses shall not be permitted within 30 metres of the David Street street line: i) Artisan s establishment; ii) Brewpub; iii) Commercial entertainment; iv) Commercial school; v) Craftsperson shop; vi) Financial establishment; vii) Fitness centre; viii) Health clinic; ix) Hotel; x) Light repair operation; xi) Office; xii) Payday loan establishment; xiii) Personal services; xiv) Pet services establishment; xv) Print shop; xvi) Restaurant; xvii) Retail; and, xviii) Veterinary services.
394R Notwithstanding Section 46.3 of this by-law, within the lands zoned CR-3 on Schedule 88 of Appendix A as affected by this subsection and legally described as Part of Lots 11-20 inclusive, Registered Plan 398 and Part Lot 174, Subdivision of Lot 17, German Company Tract, being Part 1 on Reference Plan 58R-15894, in the City of Kitchener, the following regulations shall apply: a) the maximum Floor Space Ratio shall be 5.0; b) the minimum front yard shall be 0 metres. St. George Street is deemed to be the property s front yard; c) the minimum rear yard shall be 10 metres; d) the minimum side yard setback shall be 0 metres for the existing building, and the minimum sideyard setback shall be 1.0 metres; and e) the maximum building height for the existing building shall be 35 metres, and the maximum building height for the proposed building shall be 45 metres. 401U These lands have been identified by the Region of Waterloo as of the date of passing of this Bylaw, as requiring further environmental consideration. Notwithstanding Sections 53.1, 54.1 or 55.1 of this By-law, within the lands zoned MU-1, MU-2 or MU-3 as shown on Schedules 73, 74, 75, 83, 84, 86, 119, 120, 122, 125, 126, 142, 143, 173, 174 of Appendix A, as affected by this section, the following uses shall not be permitted unless existing at the date of passing of this By-law or the City of Kitchener has received acknowledgment from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation: Day Care facility Duplex Dwelling Dwelling Unit Lodging House having 9 residents or more Multiple Dwelling Residential Care Facility Single Detached Dwelling Street Townhouse Dwelling Tourist Home 402U Notwithstanding Sections 53.1 and 54.1 of this By-law, within the lands shown as affected by this subsection on Schedule 73 of Appendix A any new building constructed after the date of passing of this By-law used for a residential dwelling, day care facility, residential care facility, educational establishment or tourist home shall not be permitted until: a) The City of Kitchener is in receipt of a letter from the Regional Municipality of Waterloo, advising that the Region s requirements have been satisfied with respect to the submission of a noise study addressing railway noise and vibration impacts and any necessary agreement has been entered into, between the Region and the Owner, providing for the implementation of any recommended noise mitigation measures; and b) a 15 metre setback from the lot line abutting the rail right-of-way is provided. 410U Notwithstanding Sections 53.1 and 54.1 of this By-law, within the lands zoned MU-1 or MU-2 and shown as affected by this subsection on Schedules 83, 84 or 122 of Appendix A, the following uses shall not be permitted unless existing on the date of passing of the By-law: Day Care Facility Duplex Dwelling Dwelling Unit Lodging House Multiple Dwelling Residential Care Facility Single Detached Dwelling 394R(M) WORDING OF PROVISION Within the lands zoned MIX-4 and shown as affected by this subsection on Zoning Grid Schedule 85 of Appendix A, the following regulations shall apply: a) The maximum floor space ratio shall be 5; b) The minimum front yard setback shall be 0 metres and St. George Street is deemed to be the front yard; c) The minimum rear yard setback shall be 10 metres; and, d) The maximum building height for the existing building shall be 35 metres, and the maximum building height for the proposed building shall be 45 metres. (102) Within the lands zoned MIX-2 and MIX-4 and shown as affected by this provision on Zoning Grid Schedule 73, 84, 125 and 126 of Appendix A the following uses shall not be permitted unless existing at the date of passing of this By-law or the City of Kitchener has received acknowledgement from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation: 402U(M) 410U(M) a) Day Care Facility b) Large Residential Care Facility c) Multiple Dwelling Within the lands zoned MIX-4 and shown as affected by this subsection on Zoning Grid Schedule 73 of Appendix A, any new building constructed after the date of passing of this by-law used for a residential dwelling, day care facility, residential care facility, secondary school or post-secondary school shall not be permitted until: a) The City is in receipt of a letter from the Region, advising that the Region s requirements have been satisfied with respect to the submission of a noise study addressing railway noise and vibration impacts and any necessary agreement has been entered into, between the Region and the Owner, providing for the implementation of any recommended noise mitigation measures; and, b) A 15 metre setback from the lot line abutting the rail right-of-way is provided. Within the lands zoned MIX-1 and MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 83, 84 and 122 of Appendix A, the following uses shall not be permitted unless existing on the date of passing of the By-law: a) Day care facility; b) Dwelling unit; c) Large residential care facility; d) Lodging house; e) Multiple dwelling; and, f) Small residential care facility.
424R 457U 504R 506R Street Townhouse Dwelling Tourist Home Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown affected by this subsection on Schedule 40 of Appendix 'A': a) off-street parking shall be in accordance with the requirements of Section 6.1 of this Bylaw, for all uses located within a building or part thereof constructed after the day of the passing of By-law 2012-022; b) off-street parking for all uses located within a building or part thereof existing on the day of the passing of By-law 2012-022 shall be in accordance with the requirements of Section 6.1 of this By-law, or the number of parking spaces existing on the day of the passing of By-law 2012-022 whichever is the lesser. Notwithstanding Section 28.1 of this By-law, off-street parking, vehicular access, pedestrian access, services, amenity space and other uses associated with or accessory to permitted uses located on adjacent lands zoned Residential Six (R-6) shall be permitted. Notwithstanding Sections 53.1, 54.1 and 55.1 of this By-law, within the lands zoned MU-1, MU-2 or MU-3 and shown as affected by this subsection on Schedules 40, 41, 74 and 84 of Appendix A any building or part thereof used for a residential dwelling, day care facility, residential care facility, educational establishment and tourist home shall be located 30 metres from the lot line abutting the CN Rail right-of-way. Buildings or parts thereof used for the above noted uses may be permitted where a 30 metre setback from the lot line abutting the CN Rail right-of-way can be provided. Notwithstanding 54.1 and 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 85 of Appendix "A", the following special regulations apply: a) the maximum building height shall be 13.5 metres within 30.0 metres of the street line of David Street; b) the following uses shall not be permitted within 30.0 metres of the street line of David Street: Artisan s Establishment Canine or Feline Grooming Commercial Entertainment Commercial Recreation Conference or Convention Facility Craftsman Shop Financial Establishment Health Clinic Health Office Hotel Medical Laboratory Museum Office Personal Services Private Club or Lodge Repair Service Research and Development Establishment Restaurant Retail 424R(M) 457U(M) 504R(M) 506R(M) WORDING OF PROVISION Within the lands zoned MIX-1 and MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 40 of Appendix A, the number of required parking spaces for all uses within an existing building shall be the lesser of: a) The number of existing parking spaces; or b) The number of parking spaces required by Section 5.5 of this By-law. Within the lands zoned OSR-2 and shown as affected by this subsection on Zoning Grid Schedule 153 and 164 of a) off-street parking, vehicular access, pedestrian access, amenity space and other uses associated with or accessory to permitted uses located on adjacent lands shall be permitted; and b) the lands zoned OSR-2 shall be permitted to be included in the calculation of Floor Space Ratio for permitted uses located on adjacent lands. Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 40 of Appendix A, any building used for a residential dwelling, day care facility, residential care facility, secondary school or post-secondary school shall be located a minimum of 30 metres from the lot line abutting the CN Rail right-of-way. Within the lands zoned MIX-2 and shown as affected by this subsection on Schedule 85 of Appendix A, the following shall apply: a) The maximum building height shall be 4 storeys within 30 metres of the David Street street line; and, b) The following uses shall not be permitted within 30 metres of the David Street street line: i) Artisan s establishment; ii) Brewpub; iii) Commercial entertainment; iv) Commercial school; v) Craftsperson shop; vi) Financial establishment; vii) Fitness centre; viii) Health clinic; ix) Hotel; x) Light repair operation; xi) Office; xii) Payday loan establishment; xiii) Personal services; xiv) Pet services establishment; xv) Print shop; xvi) Restaurant; xvii) Retail; and, xviii) Veterinary services.
507R 509R 512R 513R 515R 524R Sanitary or Janitorial Services Scientific, Technological or Communications Establishment Studio Veterinary Services. Notwithstanding Section 55.2 of this By-law, within the lands zoned MU-3 and shown as affected by this subsection on Schedule 85 of Appendix "A", the maximum building height shall be 13.5 metres within 30.0 metres of the street line of David Street Notwithstanding Sections 6.1.1.1 a) v), 6.1.2 and 54.2.1 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 85 of Appendix "A": a) the following special regulations apply for the building as it exists on the date of passing of this By-law: i) a total of three off-street parking spaces shall be required and may be arranged in tandem in the driveway only as it existed on January 13, 2004.; ii) parking spaces and aisles giving access to parking spaces shall not be located within 3.0 m of a streetline; iii) the minimum front yard setback shall be 19.0 m; and iv) the maximum front yard setback shall be 20.0 m. b) the following special regulations apply for any building constructed after the date of passing of this By-law: i) the minimum front yard setback shall be 8.0 m; and ii) the maximum front yard setback shall be 11.0 m. Notwithstanding Section 54.2 of this By-law, within the lands shown as affected by this subsection on Schedule 85 of Appendix A, the following special regulations apply: a) the minimum setback from the Queen Street streetline shall be 3.0 m; b) the maximum setback from the Queen Street streetline shall be 5.5 m; c) the minimum setback from the Joseph Street streetline shall be 10.0 m; and d) the maximum setback from the Joseph Street streetline shall be 13.5 m. Notwithstanding Section 54.2 of this By-law, within the lands shown as affected by this subsection on Schedule 85 of Appendix A, the following special regulations apply: a) the minimum front yard setback shall be 8.0 m; and b) the maximum front yard setback shall be 11.0 m. Notwithstanding Sections 6.1.1.1 a) v) and 54.2 of this By-law, within the lands shown as affected by this subsection on Schedule 85 of Appendix A, the following special regulations apply: a) the minimum front yard setback shall be 8.5 m; b) the maximum front yard setback shall be 15.5 m; and c) parking shall not be located between the building façade and the front lot line. Notwithstanding Section 54.2 of this By-law, within the lands zoned MU-2 shown as affected by this subsection on Schedule 73 of Appendix A, the following special regulations shall apply: a) a minimum setback of 7.5 metres shall be required from the following lot lines: i) the rear lot line, which for the purpose of this provision shall be defined as the lot line farthest from and opposite to the Victoria Street South street line; ii) the southeasterly side lot line of the property legally described as Part Lot 3 of Registered Plan 143 in the City of Kitchener (102 Park Street); iii) the rear lot lines of the properties legally described as Lots 1 and 2 and Part Lot 3 of Registered Plan 143 in the City of Kitchener (102, 106 and 110 Park Street); iv) the southwesterly side lot line of the property legally described as Lot 7 and Part Lot 11 of Registered Plan 143 in the City of Kitchener (146 Victoria Street South); and v) the rear lot lines of the properties legally described as Lots 7, 8, 9 and 10 and Part Lot 397U(M) 509R(M) 512R(M) 513R(M) 515R(M) 524R(M) WORDING OF PROVISION See 397U(M) Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 85 of a) The minimum front yard setback shall be 8.0 m; b) The maximum front yard setback shall be 11.0 m; and, c) The following regulations apply for existing buildings: i) A total of three parking spaces shall be required and these may be tandem parking spaces in the driveway only as it existed on January 13, 2004; and, ii) Parking spaces and drive aisles shall not be located within 3 metres of a street line; Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 85 of a) The minimum setback from the Queen Street street line shall be 3.0 m; b) The maximum setback from the Queen Street street line shall be 5.5 m; c) The minimum setback from the Joseph Street street line shall be 10.0 m; and d) The maximum setback from the Joseph Street street line shall be 13.5 m. Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 85 of a) The minimum front yard setback shall be 8.0 m; and b) The maximum front yard setback shall be 11.0 m. Within the lands zoned MIX-4 and shown as affected by this subsection on Zoning Grid Schedule 85 of a) The minimum front yard setback shall be 8.5 m; b) The maximum front yard setback shall be 15.5 m; and c) Parking spaces shall not be located between the façade and the front lot line. Within the lands zoned MIX-4 and shown as affected by this subsection on Zoning Grid Schedule 73 of a) The rear lot line shall be the lot line farthest from and opposite to the Victoria Street South street line; and, b) A minimum 7.5 metre setback shall be required from the following lot lines: i) The southeasterly side lot line of the property legally described as Part Lot 3 of Registered Plan 143 in the City (102 Park Street); ii) The rear lot lines of the properties legally described as Lots 1 and 2 and Part Lot 3 of Registered Plan 143 in the City (102, 106 and 110 Park Street); iii) The southwesterly side lot line of the property legally described as Lot 7 and Part Lot 11 of Registered Plan 143 in the City (146 Victoria Street South); and iv) The rear lot lines of the properties legally described as Lots 7, 8, 9 and 10 and Part Lot 11 of Registered Plan 143 in the City (130, 138, 142 and 146 Victoria Street South).
525R 555R 556R 560R 565R 11 of Registered Plan 143 in the City of Kitchener (130, 138, 142 and 146 Victoria Street South); and b) the maximum building height shall be 13.5 metres, however, the building height may be increased to a maximum of 19.5 metres provided that for each additional metre of building height beyond 13.5 metres a minimum of 0.6 metres of additional stepback from the lot lines defined in provision (a) is provided for those portions of the building with a height in excess of 13.5 metres. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 shown as affected by this subsection on Schedule 73 of Appendix A, the following special regulations shall apply: a) the minimum lot width shall be 12.0 metres; and b) the minimum front yard shall be 1.0 metres for buildings existing on the date of passing of this By-law. Notwithstanding Sections 6.1.2 d), 6.2.2 and 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 83 of Appendix A, the following special regulations shall apply to the property only if it contains the buildings existing on the date of passing of the By-law: a) a minimum of seven off-street parking spaces shall be required; and b) no loading spaces shall be required Notwithstanding Sections 6.1.1.1a) i), 6.1.1.1a) v), and 54.2.1 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 122 of Appendix A, the following special regulations shall apply to the property only if it contains the building(s) existing on the date of passing of the By-law: a) required parking may be permitted to locate 0.0 metres setback from the Victoria Street North street line and 3.0 metre setback from the St. Leger Street street line; b) for the purpose of provisions (c) and (d) the rear lot line shall be defined as the northerly property line coincident with the rail right-of-way and the front lot line shall be defined as the lot line coincident with the Victoria Street North street line; c) the minimum rear yard setback shall be 0.0m; d) the maximum front yard setback shall be 33.89m; and e) the combined total required onsite parking spaces may be provided within any lands affected by this subsection on Schedule 122. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedules 83, 84 and 122 of Appendix A, the following special regulations shall apply: a) introduction of new accesses to an abutting municipal laneway shall not be permitted; b) the maximum building height shall be 10.5 metres; c) the minimum front yard setback shall be 3.0 metres; and d) outdoor storage of goods, materials or equipment shall not be permitted within 15.0 metres of a municipal laneway, with the exception of deep well waste systems which may be permitted if setback a minimum of 4.5 metres from the municipal laneway and located in the rear yard. Notwithstanding Section 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedules 83, 84 and 122 of Appendix "A" the following special regulations shall apply: a) the minimum rear yard setback shall be 15.0 metres; and b) the maximum building height shall be 16.5 metres; however, the building height may be increased to a maximum of 24.0 metres provided that for each additional metre of building height beyond 16.5 metres a minimum of 1.5 metres of additional setback from the rear lot line is provided for those portions of the building with a height in excess of 16.5 metres. 525R(M) 555R(M) WORDING OF PROVISION Within the lands zoned MIX-2 and MIX-4 and shown as affected by this subsection on Zoning Grid Schedule 73 of a) The minimum lot width shall be 12.0 metres; and b) The minimum front yard setback shall be 1 metre for existing buildings. Within the lands zoned MIX-2 and shown as affected by this subsection on Schedule 83 of Appendix A, the following shall apply only to the existing building(s): a) A minimum of 7 parking spaces shall be required. 556R(M) Within the lands zoned MIX-2 and shown as affected by this subsection on Schedule 122 of Appendix A, the following shall apply only to the existing building(s): a) Required parking spaces may be permitted to locate 0 metres from the Victoria Street North street line and 3 metres from the St. Leger Street street line; b) For the purpose of provisions (c) and (d), the rear lot line shall be defined as the northerly lot line coincident with the rail right-of-way and the front lot line shall be defined as the lot line coincident with the Victoria Street North street line; c) The minimum rear yard setback shall be 0 metres; d) The maximum front yard setback shall be 33.89 metres; and e) The combined total required parking spaces may be provided within any lands affected by this subsection on Schedule 122. 560R(M) Within the lands zoned MIX-1 and shown as affected by this subsection on Zoning Grid Schedule 83, 84 and 122 of a) Introduction of new accesses to an abutting lane shall not be permitted; b) The maximum building height shall be 10.5 metres; c) The minimum front yard setback shall be 3.0 metres; and d) Outdoor storage shall not be permitted within 15 metres of a lane, with the exception of deep well waste systems which may be permitted if setback a minimum of 4.5 metres from the lane and located in the rear yard. 565R(M) Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 83, 84 and 122 of Appendix A, the minimum rear yard setback shall be 15 metres. 566R Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as 566R(M) Within the lands zoned MIX-1 and shown as affected by this subsection on Zoning Grid Schedule 83, 84
573R 574R 575R 576R 577R 578R 579R 581R affected by this subsection on Schedules 83, 84 and 122 of Appendix A, the following special regulations shall apply: a) the maximum building height shall be 10.5 metres; b) the minimum setback from Victoria Street North street line shall be 1.5 metres; c) the minimum setback from a municipal laneway shall be 15.0 metres and d) the minimum setback from all other street lines shall be 6.0 metres. Notwithstanding Sections 6.1.1.2a) and 54.2 of this By-law, within the lands zoned MU-1 and MU-2 and shown as affected by this subsection on Schedule 40 of Appendix "A", the following special regulations apply: a) a visual barrier between a parking lot and a residentially zoned property will not be required; b) the minimum yard abutting a residentially zoned property shall be 0.0 metres; c) the minimum rear yard setback shall be 0.0 metres; d) the maximum building height shall be 17.0 metres provided that any portion of a building greater than 10.5 metres in height is set back an additional 1.5 metres from all street lines; and e) a dwelling unit may be located on the ground floor of a mixed use building provided that such dwelling unit is oriented toward the Iron Horse Trail. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 40 of Appendix "A", the following special regulations apply: a) the minimum yard abutting a residentially zoned property shall be 3.5 metres; and b) the minimum rear yard setback shall be 0.0 metres. Notwithstanding Sections 53.2 and 54.2 of this By-law, within the lands zoned MU-1 or MU-2 and shown as affected by this subsection on Schedules 40 and 41 of Appendix "A", the minimum rear yard setback shall be 0.0 metres and a dwelling unit may be located on the ground floor of a mixed use building provided that such dwelling unit is oriented toward the Iron Horse Trail. Notwithstanding Sections 53.2 and 54.2 of this By-law, within the lands zoned MU-1 or MU-2 and shown as affected by this subsection on Schedules 40, 41 and 73 of Appendix A, the Belmont Avenue West street line shall be the front lot line and the minimum rear yard setback shall be 0.0 metres. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 40 of Appendix A, the minimum yard abutting a residentially zoned property shall be 6.5 metres. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 40 of Appendix A, the minimum yard abutting a residentially zoned property shall be 4.0 metres. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 40 of Appendix A, the following special regulation provisions shall apply for any new development: a) the maximum height shall be 10.5 metres; b) the minimum set back from the Glasgow Street street line shall be 4.5 metres; c) the maximum set back from the Glasgow Street street line shall be 8.5 metres; and d) parking shall not be located between any street line and the building. Notwithstanding Sections 6.1.1.2a) and 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedules 40 and 41 of Appendix "A", the following special regulations apply: a) a visual barrier between a parking lot and a residentially zoned property will be required only along the northerly property line and will not be required where a street is located between the parking lot and the residentially zoned property; 573R(M) 574R(M) 575R(M) 576R(M) 577R(M) 578R(M) 579R(M) 581R(M) WORDING OF PROVISION and 122 of a) The maximum building height shall be 10.5 metres; b) The minimum setback from the Victoria Street North street line shall be 1.5 metres; c) The minimum setback from a lane shall be 15.0 metres; and, d) The minimum setback from all other street lines shall be 6.0 metres. Within the lands zoned MIX-1 and MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 40 of a) A visual barrier between a parking lot and a residential zone will not be required; b) The minimum yard abutting a residential zone shall be 0 metres; c) The minimum rear yard setback shall be 0 metres; and, d) A dwelling unit may be located on the ground floor of a mixed use building provided that such dwelling unit is oriented toward the Iron Horse Trail. Within the lands zoned MIX-1 and shown as affected by this subsection on Zoning Grid Schedule 40 of a) The minimum yard abutting a residential zone shall be 3.5 metres; and b) The minimum rear yard setback shall be 0.0 metres. Within the lands zoned MIX-1 and MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 40 and 41 of a) The minimum rear yard setback shall be 0 metres; and, b) A dwelling unit may be located on the ground floor of a mixed use building provided that such dwelling unit is oriented toward the Iron Horse Trail. Within the lands zoned MIX-1 and MIX-2 and shown as affected by this subsection on Zoning Grid Schedules 40, 41 and 73 of Appendix A, the Belmont Avenue West street line shall be the front lot line and the minimum rear yard setback shall be 0.0 metres. Within the lands zoned MIX-1 and shown as affected by this subsection on Zoning Grid Schedule 40 of Appendix A, the minimum yard abutting a residential zone shall be 6.5 metres. Within the lands zoned MIX-1 and shown as affected by this subsection on Zoning Grid Schedule 40 of Appendix A, the minimum yard abutting a residential zone shall be 4 metres. Within the lands zoned MIX-1 and shown as affected by this subsection on Zoning Grid Schedule 40 of Appendix A, the following shall apply for any new development: a) The maximum building height shall be 10.5 metres; b) The minimum setback from the Glasgow Street street line shall be 4.5 metres; c) The maximum setback from the Glasgow Street street line shall be 8.5 metres; and d) Parking spaces shall not be located between any street line and a building. Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 40 and 41 of a) A visual barrier between a parking lot and a residential zone will be required in accordance with Section 4.17 only along the northerly lot line and will not be required where a street is located between the parking lot and the residential zone; b) The Belmont Avenue West street line shall be the front lot line; and
582R 583R 682R PROVISIONS PROPOSED TO BE REMOVED 1R 23HSR b) the Belmont Avenue West street line shall be the front lot line; and c) the maximum building height shall be 24.0 metres, however, the building height may be increased to a maximum of 45.0 metres provided that for each additional metre of building height exceeding 24.0 metres a minimum of 0.33 metres of additional setback be provided from the lot line(s) abutting a residentially zoned property(ies) and the rear lot line. Notwithstanding Section 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 41 of Appendix A, the following special regulations apply: a) the Belmont Avenue West street line shall be the front lot line; and b) the maximum building height shall be 24.0 metres, however, the building height may be increased to a maximum of 41.0 metres provided that for each additional metre of building height exceeding 24.0 metres a minimum of 0.33 m of additional setback be provided from the rear lot line. Notwithstanding Sections 6.1.1.2a) and 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 41 of Appendix "A", the following special regulations apply: a) a visual barrier between a parking lot and a residentially zoned property will not be required; b) the Belmont Avenue West street line shall be the front lot line; c) the minimum yard abutting a residentially zoned property shall be 0.0 metres; and d) the minimum rear yard setback shall be 0.0 metres. Notwithstanding the definitions of Lot Area and Floor Space Ratio in Section 4.2 of this By-law, within the lands shown as affected by this subsection on Schedule 153, 154, 163 and 164 of Appendix A, the Floor Space Ratio shall be obtained by including: i) a portion of the lands on the lot located within a Hazard Land Zone (P-3; ii) a portion of the lands on the lot located within an Open Space Zone (P-2); and, iii) all lands on the lot located within a Residential Six Zone (R-6). For greater certainty, the area of the lot as it existed on March 17, 2017 to be used in calculating the maximum permitted floor space ratio is 27,843 square metres as shown on Property Detail Schedule No. 41. Notwithstanding anything else in this By-law, within any lands shown in Appendix A as affected by this Subsection, prior to the development of any land, interference with wetlands or alterations to shorelines or watercourses, a permit shall be obtained from the Grand River Conservation Authority, where required by the said Authority, in accordance with Regulation 150/06, as amended. Notwithstanding Sections 28.1, 40.1 and Special Use Provision 457U of this By-law, on Schedule Numbers 153, 154, 163 and 164 of Appendix A, the holding provision represented by the letter symbols K[(S)(R)] as established in Section 3.5.7 shall apply until such time as the City s Director of Planning is in receipt of a letter from the City s Director of Engineering Services in consultation with the Region of Waterloo that the Strasburg Road Extension to Rockcliffe Drive and the Strasburg Road Trunk Sanitary Sewer to Rockcliffe Drive have been satisfactorily completed, and this holding provision has been removed by by-law. 29R Notwithstanding Section 20.3 of this By-law, within the lands zoned M-2 on Schedules 145 and 172 of Appendix "A", described as Part of Lot 11, Registered Plan 791; office use shall be permitted up to 100 percent of the gross floor area. 31U Notwithstanding Section 22.1 of this By-law, within the lands zoned M-4 on Schedules 197, 198, 199 and 200 of Appendix "A", described as Lots 4, 28 and 30 of Registrar's 582R(M) 583R(M) 682R(M) WORDING OF PROVISION c) The maximum building height shall be 24 metres, however, the building height may be increased to a maximum of 45 metres provided that for each additional metre of building height exceeding 24 metres a minimum of 0.33 metres of additional setback be provided from the lot line(s) abutting a residential zone and the rear lot line. Within the lands zoned MIX-2 and shown as affected by this subsection on Schedule 41 of Appendix A, the following shall apply: a) The Belmont Avenue West street line shall be the front lot line; and b) The maximum building height shall be 41 metres Within the lands zoned MIX-2 and shown as affected by this subsection on Zoning Grid Schedule 41 of a) A visual barrier between a parking lot and a residential zone will not be required; b) The Belmont Avenue West street line shall be the front lot line; c) The minimum yard abutting a residential zone shall be 0 metres; and d) The minimum rear yard setback shall be 0 metres. Within the lands zoned NHC and shown as affected by this subsection on Zoning Grid Schedule 153 of Appendix A, the lands zoned NHC shall be permitted to be included in the calculation of Floor Space Ratio for permitted uses located on adjacent lands. *Removing from lands proposed to be zoned OSR-2 and NHC-1. Existing Residential zoned properties are not proposed to be rezoned at this time.
Compiled Plan 1489; Lots 3, 20, 22, 25, and 26 of Registrar's Compiled Plan 1489, and Part of Lot 192 of Streets and Lanes; Lots 9 and 11 of Registrar's Compiled Plan 1490; Lot 13 and Part of Lot 12 of Registrar's Compiled Plan 1490, more particularly described as Parts 1 and 2 of Plan 58R-4551; Lots 14, 39, 40, 41 and 42 of Registrar's Compiled Plan 1525; Part of Lot 34 of Registrar's Compiled Plan 1525; Lot 17 of Registrar's Compiled Plan 1525, more particularly described as Part 2 of Plan 58R-1491; Part of Lot 36 of Registrar's Compiled Plan 1525, more particularly described as Part 2 of Plan 58R- 3355; Lots 1, 2, 4, 5 and 6 of Registrar's Compiled Plan 1521; and Part of Lot 3 of Registrar's Compiled Plan 1521, more particularly described as Part 1 of Plan 58R-4658; restaurant use shall also be permitted. (By-law 87-67, S.12) 67U Notwithstanding Sections 20.1, 20.2 and 20.3 of this By-law, within the lands zoned M-2 on Schedules 75, 76 and 82 of Appendix "A", described as Part of Lot 8, Registered Plan 373, Part of Lot E, Registered Plan 386, Part of Lot 24, Compiled Plan of Subdivision of Lot 4, German Company Tract and Lot 28, Compiled Plan of Subdivision of Lot 15, German Company Tract, also described as Part of Part 1, Reference Plan 58R-5554: a) Any building within 30 metres of a residential zone shall be restricted to a maximum height of 10.5 metres. b) Retail accessory to a warehouse or wholesale operation having a gross floor area of 6,960 square metres or greater shall be permitted provided that the maximum floor area devoted to accessory retail shall not be more than 10 percent of the gross floor area of the operation. c) Office use up to 100 percent of the gross floor area shall be permitted to a maximum floor space ratio of 1.0 76R Notwithstanding Section 31.3.4 of this By-law, within the lands zoned I-1 described in the clauses listed below, a residential care facility with more than eight residents shall be permitted in accordance with the regulations set out in Section 31.3.4: a) Lots 52 and 53 and Part Lot 51, Registered Plan 690, as shown on Schedule 221 of Appendix "A". (164 Fergus Ave.) b) Lot 6, Registered Plan 655, as shown on Schedule 142 of Appendix "A". (169 Borden Ave. N.) c) Part Lot 15, Registered Plan 384, more particularly described as Part 1, Plan 58R- 4174, as shown on Schedule 118 of Appendix "A". (409 Mill St.) (By-law 92-58, S.11) d) Block "G", Registered Plan 1448, as shown on Schedules 20 and 33 of Appendix "A". (By-law 94-183, S.43[c]) (44 Lanark Cres.) 76U Notwithstanding Section 12.1 of this By-law, within the lands zoned Service Commercial (C-6) on Schedules 145 and 172 of Appendix "A", and described as Part Lot 11, Registered Plan 791: (a) Computer electronic or data processing businesses, research and development establishments and scientific technological or communication establishments shall also be permitted. 78H Notwithstanding Sections 28.1, 40.1 and Special Use Provision 457U of this By-law, within the lands zoned R-6 and P-2 and shown as affected by this subsection on Schedule Numbers 153, 154, 163 and 164 of Appendix A : a) No residential uses or private day care facility shall be permitted until such time as The City of Kitchener is in receipt of a letter from the Regional Municipality of Waterloo, advising that the Region s requirements have been satisfied with respect to the submission of a detailed noise impact assessment for traffic noise, based on the proposed site plan, to address compatibility; and this holding provision has been removed by By-law. 84U Notwithstanding Section 31.1 and 31.3.3 of this By-law, within the lands zoned I-1 on Schedules 254 and 255 of Appendix "A", described as Part of Biehn's Unnumbered Tract, WORDING OF PROVISION *Removing from lands proposed to be zoned OSR-2 and NHC-1. Existing Residential zoned properties are not proposed to be rezoned at this time.