Development Control Code Residential Land use by 64wnla6f

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									FINAL DEVELOPMENT CONTROL CODE OF 2009




          RESIDENTIAL LAND USE

                VOLUME I

               SEPTEMBER 2010
 TABLE OF CONTENT

_Toc307493451                                                                                           4.3  OFF – STREET PARKING REQUIREMENTS............................ 46
 INTERPRETATIONS AND DEFINITIONS ................................... 5                                  4.4  ARRANGEMENT AND DESIGN OF PARKING SPACES ............ 47
 1.    INTRODUCTION TO LAND USE ZONES ......................... 11                                      4.5  IMPROVEMENTS OF OFF-STREET PARKING SPACES,
 2.    ESTABLISHMENT OF RESIDENTIAL LAND USE                                                                 PARKING LOTS AND DRIVEWAYS ........................................ 48
       ACTIVITIES ....................................................................... 13            4.6 PARKING REQUIREMENTS FOR GROUP LIVING AND
 2.1 PURPOSE ............................................................................. 13                INSTITUTIONS FOR PHYSICALLY DISABLED ....................... 48
 2.2 PRINCIPAL AND ANCILLARY USES ....................................... 13                            4.7 MULTI-STOREY CAR PARKS AND PARKADES ....................... 49
 2.3 PRINCIPAL USES NOT SPECIFICALLY LISTED ...................... 13                                   4.8 UNDERGROUND PARKING ................................................... 51
 2.4 DEVELOPMENTS WITHIN MULTIPLE PRINCIPAL USES ........ 13                                            4.9 RELAXATIONS OF PARKING REQUIREMENTS ...................... 52
 3.    RESIDENTIAL LAND USE ZONE ...................................... 15                              4.10 GARAGE PLACEMENTS ......................................................... 52
 3.1 PURPOSE ............................................................................. 15           5.   ACCESS AND CIRCULATION ........................................... 56
 3.2 RESIDENTIAL SINGLE-FAMILY REGULATORY ZONES: ......... 15                                           5.2 ACCESS CONNECTIONS AND DRIVEWAY DESIGN ............... 56
 (R-1, R-2) ...................................................................................... 15   5.3 FIRE ACCESS AND TURNAROUNDS ...................................... 56
 3.3 RESIDENTIAL SUBURBAN LAND USE ZONE (RSU) ............... 15                                        5.4 VERTICAL CLEARANCES ....................................................... 56
 3.4 RESIDENTIAL URBAN LAND USE ZONE (RU) ....................... 15                                    5.5 PEDESTRIAN ACCESS AND CIRCULATION ........................... 56
 3.5 HOUSING TYPES .................................................................. 16                6.   AESTHETICS ENHANCEMENT REGULATIONS............... 59
 3.6 PERMITTED LAND USES ...................................................... 17                      6.1 LANDSCAPE CONSERVATION ............................................... 59
 3.7 USE REGULATIONS AND STANDARDS ................................. 19                                 6.2 LANDSCAPING ..................................................................... 60
 3.8 RESIDENTIAL INFILLS ......................................................... 27                   6.3 LANDSCAPING,SCREENING AND BUFFER REQUIREMENTS .. 61
 3.9 CONTEXTUAL INFILL DEVELOPMENT STANDARDS .............. 27                                          6.4 MINIMUM LANDSCAPING STANDARDS ................................ 62
 3.10 BUILDING HEIGHTS ............................................................. 28                 6.5 MAINTENANCE OF LANDSCAPING ....................................... 62
 3.11 BUILDING ORIENTATION .................................................... 30                      6.6 TRANSITIONAL BUFFER ZONES ........................................... 62
 3.12 VISUAL PRIVACY.................................................................. 32               6.7 STREETSCAPE ...................................................................... 63
 3.13 SPECIAL USE STANDARDS ................................................... 34                      6.8 PUBLIC ART ......................................................................... 65
 4.    PARKING AND LOADING STANDARDS ......................... 46                                       6.9 STREET TREES ..................................................................... 65
 4.1 APPLICABILITY .................................................................... 46              6.10 FENCES AND WALLS ............................................................ 67
 4.2 AUTOMOBILE PARKING STANDARDS ................................... 46

                                                                                                                                                                                             2
7.   NOISE, EMMISSIONS, ODOURS AND DEBRIS ............. 69
7.1  NOISE .................................................................................. 69
7.2  ODOROUS MATERIALS ........................................................ 69
7.3  DUST AND DEBRIS .............................................................. 69
8.   SAFETY ............................................................................... 71
8.1  FIRE SAFETY WORKS TO COMPLY WITH THE
     REGULATIONS UNDER THIS SECTION ................................. 71
8.2 FIRE SAFETY REQUIREMENTS FOR ALL EVENTS ................. 71
9.   REFUSE STORAGE AND DISPOSAL ................................ 73
9.1 RESPONSIBILITY FOR THE STORAGE, COLLECTION AND
     DISPOSAL OF REFUSE/SOLID WASTE .................................. 73
9.2 METHODS OF STORAGE OF REFUSE/SOLID WASTE ............ 73
10. NATURAL RESOURCES PROTECTION ............................ 74
10.1 TREE PROTECTION .............................................................. 74
10.2 TREE REMOVAL AND REPLACEMENT STANDARDS............... 74
10.3 TREE PROTECTION MEASURES DURING CONSTRUCTION... 75




                                                                                                   3
LIST OF TABLES                                                        Figure 6.4: Type 4 Streetscape   64
                                                                      Figure 6.5: Type 5 Streetscape   64
Table 2.1: Detailed Classification of Residential Land Use
           Activities                                           12
Table 3.1: Housing Types                                        14
Table 3.2: Residential Regulatory Zones: Permitted Uses         15
Table 3.3: Development Standards for Residential Regulatory
           Zones                                                18
Table 4.1: Off-Street Parking Requirements                      46
Table 4.2: Minimum aisle width for parking bays                 47
Table 4.3: Minimum Required Bicycle Parking Spaces              53
Table 6.1: Types of Public Art                                  64
Table 7.1: Maximum Noise Levels                                 68

LIST OF FIGURES

Figure 2.1: Illustration of Clear Sight Triangle                24
Figure 3.1: Example of Contextual Setback Standards             25
Figure 3.2: Height Step-Down/Transition                         27
Figure 3.3: Townhouse Building Orientation                       29
Figure 3.4: Example of Form and Scale in Mixed Residential
            Flats and Commercial Development                     36
Figure 3.5: Examples of Courtyard Development                    37
Figure 3.6: Examples of Multifamily Open Spaces                  38
Figure 3.7: Example of Residential Appearance of Buildings by
            Retention of Front Lawns Free from Vehicular Parking 41
Figure 4.9: Design Garages not to dominate street frontage       51
Figure 4.10: Garage Placement In Relation to Width of Building 51
Figure 4.11: Garage Setbacks In Relation to Main Building
              Facades                                            52
Figure 4.12: Street Facing Garage Placement in Detached
              (Side yard) Housing Types                          52
Figure 6.1: Type 1 Streetscape                                   62
Figure 6.2: Type 2 Streetscape                                   63
Figure 6.3: Type 3 Streetscape                                   64

                                                                                                            4
INTERPRETATIONS AND DEFINITIONS
                                                                                         iii)    Is operated and maintained substantially for the benefit
WORD USAGE                                                                                       or convenience of the owners, occupants, employees,
                                                                                                 customers or visitors of the plot with the principal use.
For the purposes of this code, the following shall be observed and applied
        in terms of words usages:                                                 "Adjoin," "adjoining," and "adjoins" mean without an intervening
                                                                                         street or permanent open space over 8m in width.
        i)          Words used in the present tense shall include the future
                    tense;                                                        "All-weather surface” means a four base course with a two asphaltic
        ii)         Words used in the singular include the plural, and the        concrete surface or a four reinforced concrete pavement or any other
                    plural, the singular;                                         similar materials as determined to be acceptable by Roads Department.
        iii)        The use of any gender shall be applicable to all genders;     These materials should combine the load-bearing characteristics,
        iv)         The word “shall” is mandatory;                                durability and level surface of asphalt and concrete.
        v)          The word “may” is permissive.
                                                                                  “Amusement Facilities, Outdoor Motorized” means outdoor
                                                                                  amusement facilities utilizing motorized vehicles or equipment and
DEFINITIONS                                                                       includes go-cart and automobile race tracks and theme and other
                                                                                  amusement parks utilizing motorized amusement rides.
Words not specifically defined in this code shall be interpreted in
accordance with their usual dictionary meaning and customary usage.               "Area of refuge" means an area which is relatively safe from fire,
                                                                                  whether in an adjoining building or an adjoining part of the same
A                                                                                 building, and from which access can be made through supplemental exits
                                                                                  such as a balcony, a bridge, a tunnel, a staircase or such other types of
"Ancillary use" means a use which meets the following conditions:                 linkage and which allows a person using it to exit safely to the open at
                                                                                  ground level;
               i)   Is a use which is conducted on the same plot as the
                    principal use to which it is related whether located within   "Attic" means a portion of a building wholly or partly in the roof, so
                    the same building or an ancillary building or structure, or   designated, arranged or built as to be used for business, storage or
                    as an ancillary use of land;                                  habitation.


               ii) Is clearly incidental to and customarily          found   in
                   connection with the principal use; and

                                                                                                                                                         5
B                                                                             C

"Base yards" means the principal facility for establishments which            "Carport" means an accessory structure or portion of a principal
provide their services off-site, but where a site is needed for the           structure consisting of a roof and supporting members such as columns or
consolidation and integration of various support functions, and where the     beams, unenclosed from the ground to the roof on at least two sides, and
parking of company vehicles is a prominent if not principal activity.         designed or used for the storage of motor vehicles.

"Basement" means a floor which is wholly below grade, or which is             “Compartment wall” means a wall that is designed and constructed to
partly below grade such that the floor above is no more than 1 metre          a specific fire resistance rating to prevent the spread of fire and smoke
above grade for at least 50 percent of the floor's perimeter. Grade shall     through it.
be either existing or finish grade, whichever is lower at all points.
                                                                              D
"Boundary wall" means a solid wall with or without openings, which is
part of a building and erected on the boundary line between adjacent          "Developer" means a landowner or any person with written
plots.                                                                        authorization from the owner who intends to improve or to construct
                                                                              improvements upon a plot or portion of a plot.
"Building frontage" means that portion of the principal building of an
establishment which faces a street. If the principal buildings are arranged   "Duplex unit" means a building containing one dwelling unit on a single
on the plot in such a manner as to face a parking area, then the area         zoning plot which is to be attached on a side or rear property line with
facing the parking area may be considered the building frontage. Signs        another dwelling. The dwellings shall be structurally independent of each
may be placed facing the street or the parking area in any combination,       other and attached by means of a boundary wall. The attachment of the
but shall not exceed two signs.                                               wall shall not be less than 5 metres or 50 percent of the longer dwelling
                                                                              on the property line, excluding carports or garages, whichever is the
"Building" means a structure with a roof which provides shelter for           greater length. In lieu of construction with a boundary wall, both
humans, animals or property of any kind.                                      dwellings shall be built up independently to the property line.

"Building area" means the total area of a plot covered by structures and      “Dwelling, Detached” means a building containing one or two dwelling
covered open areas.                                                           units, entirely surrounded by yards or other separation from buildings on
                                                                              adjacent plots. Dwelling units in a two-family detached dwelling may be
                                                                              either on separate floors or attached by a carport, garage or other similar
                                                                              connection, or attached solid wall without openings which shall not be
                                                                              less than 5 metres or 50 percent of the longer dwelling.

                                                                                                                                                       6
“Dwelling, Multifamily” means a building containing three or more              "Fire emergency plan" , in relation to a building, means a plan which
dwelling units which is not a hotel.                                           contains information on the types of fire safety measures that are
                                                                               provided for in a building and includes the floor layout plans and
"Dwelling unit" means a room or rooms connected together,                      evacuation procedures for the building;
constituting an independent housekeeping unit for a family and containing
a single kitchen. Two or more essentially separate structures, except for a    "Fire extinguishing system" means a system                     designed   for
token connection, such as a covered walkway do not constitute a single         extinguishing a fire; made for the purpose of fire fighting;
dwelling unit.
                                                                               "Floodplain" means any land area susceptible to being inundated by
"Development" means the carrying out of building, engineering, mining          flood waters.
or other operations in on, over or under any land or making of any
material change in the use of any buildings or other land.                     "Floor area" means the area of all floors of a structure excluding
F                                                                              unroofed areas, measured from the exterior faces of the exterior walls or
                                                                               from the center line of party walls dividing a structure. The floor area of a
"Family" mean one or more persons, all related by blood, adoption or           structure, or portion thereof, which is not enclosed by exterior walls, shall
marriage, occupying a dwelling unit.                                           be the area under the covering, roof or floor above which is supported by
                                                                               posts, columns, partial walls, or similar structural members which define
"Farm dwelling" means a dwelling located on and used in connection             the wall line.
with a farm where agricultural activity provides income to the family
occupying the dwelling.                                                        "Floor area ratio" means the ratio of floor area to total area of the plot
                                                                               expressed as a percent or decimal. Where rounding of numbers is
"Fire certificate" means a certificate issued by Fire Department under         necessary to determine floor area ratio, the nearest one-hundredth shall
the provisions of the Fire Act;                                                be used. Multiplying the permissible floor area ratio by the plot area of
                                                                               the plot determines the maximum floor area permitted.
"Fire Command Centre" means a room within any premises which is
specifically designated for the purpose of command and control of              G
operations in the event of fire or other emergencies and fitted with the       "Group living facilities" means facilities which are used to provide
necessary equipment;                                                           living accommodations and, in some cases, care services.

"Fire damper" means a device installed in an air distribution system                   i)      Included are monasteries and convents and dwelling
which is designed to close automatically to restrict the passage of fire and                   units which are used to provide living accommodations
heat;                                                                                          and care services under a residential setting to individuals

                                                                                                                                                          7
                who are handicapped, aged, disabled or undergoing                   iii)    Fixtures, appliances or devices for refrigeration of food.
                rehabilitation. These are typically identified as group
                homes, halfway houses, and homes for children, the          L
                elderly, battered children and adults, recovery homes,
                independent group living facilities, hospices and other     "Lowest floor" means the lowest floor of an enclosed area including
                similar facilities.                                         basements of a building. An enclosure, usable solely for parking vehicles,
                                                                            building access or storage area is not considered a building's lowest floor.
        ii)     Group living facilities include those with accommodations
                for more than five resident individuals, except those       M
                meeting the definition of family. Resident managers or
                supervisors shall not be included in this resident count.   "Monasteries" or "convents” means facilities which provide dwelling or
                                                                            lodging units to clergy members or those who have taken religious vows,
"Guest house" means a lodging unit for non-paying guests or household       which are owned or operated by a religious organization.
employees not to exceed 70m2 of floor area.
                                                                            N
H
                                                                            "Nonconforming dwelling unit" means any combination of legally
“Height envelope” means the three-dimensional space within which a          established one-family or two-family detached dwellings that exceed the
structure is permitted to be built on a plot and which is defined by the    permitted maximum number allowed on a single plot.
buildable area boundary lines, maximum height regulations and any
applicable height setbacks.                                                 "Nonconforming parking" means parking spaces and parking areas
K                                                                           which do not conform to parking standards, including number,

"Kitchen" means a kitchen facility for a housekeeping unit that exists      "Nonconforming plot" means a plot which was previously lawful but
when there is, on the premises of the housekeeping unit, an item from all   which does not comply with the applicable plot requirements of the zone
three of the following categories:                                          in which it is located, dimensions and arrangement of spaces; surface
                                                                            treatment; and landscaping and screening.
        i)      Fixtures, appliances or devices for heating or cooking
                food;                                                       "Nonconforming structure" means a structure which does not comply
        ii)     Fixtures, appliances or devices for washing utensils used   with the sign, density, setback or height regulations of the zone, or design
                for dining and food preparation and/or for washing and      requirements of the zone in which it is located.
                preparing food;

                                                                                                                                                         8
"Nonconforming use" means any use of a structure or a plot which               "Plot width" means the average horizontal distance between side plot
was previously lawful but which does not conform to the applicable use         boundaries measured at right angles to plot depth. In the case of plots
regulations of the zone in which it is located.                                with more than one front yard, either one of the plot dimensions may be
                                                                               used to calculate plot width.
O
                                                                               R
“Occupant load” means the total number of persons that may occupy a
building or part thereof at any time.                                          "Roof level" means the lowest point of intersection between the plane of
                                                                               the roof and the plane of the exterior wall.
"Open space" means any zone designated area essentially free of
structures that serves the purpose of visual relief and buffering from         "Rooming" means a use ancillary to the principal use of a dwelling unit
building and structural mass. These areas may be privately or publicly         in which overnight accommodations is provided to persons ("roomers")
owned, and may or may not be accessible to the general public. Open            for compensation for periods of 30 days or more in the same dwelling unit
space includes but is not limited to parks, playgrounds, playfields, plazas,   as that occupied by an owner, lessee, operator or proprietor of the
botanical gardens, fountains, reflecting pools and other bodies of water,      dwelling unit.
walkways and nonbuildable easements. Simple structures which
contribute to the enjoyment of the area may be permitted, including            S
stages for performances, street furniture, sculpture, umbrellas, and other
similar features.                                                              "Slope" means the incline of grade across the buildable area of a plot,
                                                                               expressed as a percentage and calculated by the following formula:
P                                                                                     i)       Highest elevation point - Lowest elevation point x 100
                                                                                      ii)      Horizontal linear distance between highest and lowest
"Parking lot" means an open area of land other than a street used or                           points.
intended to be used to provide space for the parking of motor vehicles for
private purposes or is available to the public. It shall include parking       "Smoke detector" means a device which is used for detecting the
spaces, loading spaces, manoeuvring aisles and other areas providing           presence of visible or invisible products of combustion, and which would
access to parking or loading spaces but does not mean an area providing        automatically initiate a signal upon detecting the presence of these
four or less spaces ancillary to dwelling units.                               products.
"Plot area" means the total area within the plot boundaries but exclusive
of right-of-way for in or out in favour of others, and easements for open      "Street" means any public right-of-way for vehicle purposes or a private
drainage systems.                                                              right-of-way for vehicle purposes, which provides access to more than
                                                                               two plots.

                                                                                                                                                      9
"Street frontage" means that portion of a plot which has access rights        "Waste disposal and processing" means facilities for the disposal and
to a street abutting the plot.                                                processing of solid waste, including refuse dumps, sanitary landfills,
                                                                              incinerators and resource recovery plants.
"Structure" means anything above existing grade constructed or erected
with a fixed location on the ground, or requiring a fixed location on the     "Wholesaling and distribution" means establishments primarily
ground, or attached to something having or requiring a fixed location on      involved in the sale and/or distribution of manufactured and/or processed
the ground. The term "structure" includes the term "building."                products, merchandise or other goods in large quantities for subsequent
                                                                              resale to retail establishments, and/or industrial, institutional and
T                                                                             commercial users.

"Theaters" means facilities which are used primarily for the performing
arts or for the viewing of motion picture films. Included are performing
arts centres, concert halls and other types of live theatres.

U

"Use" means and refers to either one of the following:

        i)      Any purpose for which a structure or a piece of land is
                designed, arranged, intended, maintained or occupied; or

        ii)     Any activity, occupation, business or operation carried on,
                or intended to be carried on, in a structure or on a piece
                of land.

W

"Warehousing" means establishments primarily associated with the
storage of raw materials, finished products, merchandise or other goods,
within a structure for subsequent delivery, transfer or pickup, and may
include structures used primarily for the storage of files or records.

                                                                                                                                                    10
1.       INTRODUCTION TO LAND USE ZONES                                                       ii)     Conflict Resolution: The development standards
                                                                                                      provided for each land use zone form only the
1.1.1.   In order to assure orderly development and use of land                                       starting point for conflict resolution. This DCC
         throughout the country Land Use Regulatory Zones categorization                              anticipates most conflict resolution to occur by
         have been established for all areas over which the Development                               meeting design and development standards, or
         Control Code (DCC) exercise jurisdiction. The zones include                                  by meeting special conditions arising out of the
         residential, commercial, industrial, civic & community, park &                               review procedure. The design and development
         open spaces, special purpose, mixed use and agricultural land                                standards are tailored for specific land uses,
         use. This volume (Residential Land Use regulatory Zone) forms                                specific opportunities or constraints of the site,
         part of the established DCC regulatory zones.                                                differing types of development, differing building
                                                                                                      types, specific buffering situations, environmental
1.1.2.   "Regulatory Zoning" is defined as the grouping of a homogenous                               concerns, and requirements for service extension
         and mutually supporting family of land use activities in an area.                            and utility installation. Conflict resolution issues
         Zoning aims at specifying regulations for the use of land and                                that may have a design solution should not be
         property development standards which together with the                                       resolved by zone changes or changes in
         necessary review procedures, then function as the primary tools                              definitions of land use. Instead, these conflict
         for resolving specific land use conflicts, both within a                                     resolution issues should be referred to the
         homogenous group of uses in a single regulatory zone and                                     performance standard sections of this Code.
         between groups of incompatible uses at the border of two
         different zones.                                                    1.1.4.   For the purpose of this Residential Land Use Volume, the
                                                                                      following categories of the residential land use regulatory zones
1.1.3.   Regulatory Zoning its purpose in the following manner:                       are hereby established:


         i)     Protection of Basic Property Rights:       The Land Use               i)      A.1 Low Density Residential Regulatory Zones (R-1 & R-2)
                Regulatory Zones are defined by broad categories of land              ii)     A.2 Medium Density Residential Suburban Regulatory
                uses such as: residential, commercial and industrial                          Zones (RSU)
                zones. These zones establish the "basic ground rules" of              iii)    A.3 Residential Urban Regulatory Zone (RU)
                land use and development, enabling owners/users of real
                property to know in advance what to expect from their
                neighbours, before investing in or developing property       1.1.5.   The land use regulatory zones categorization and development
                                                                                      standards established in this DCC volume are neither exhaustive
                                                                                      nor unalterable and may be expanded or altered by a Local

                                                                                                                                                       11
         Development Plan, Detailed layout Plan and/or Urban Design or
         Site Plan.

1.1.6.   Standards stipulated in this DCC volume shall apply in situations
         where a Local Development Plan for a community has not been
         prepared and/or approved and/or when such Plan does not
         contain any area-specific regulations and development standards.

1.1.7.   Development Plans may establish new and/or altered land use
         zones established in this DCC volume according to the characters
         and needs of areas for which they exercise jurisdiction. Such
         Development Plans shall also draw up use standards and
         regulations for land use regulatory zones so established.

1.1.8.   Every plot and tract of land within any Development Plan
         prepared for a local community shall be within a designated land
         use regulatory zone. The use of land is limited to the uses
         allowed by the applicable regulatory land use zone. The
         applicable regulatory zone(s) shall be based on the Land Use Map
         and the provisions of this Chapter, which shall be consistent with
         the Local Community’s Development Plan, as indicated in Table
         1.1.

1.1.9.   In the event of any conflict between any provision of this chapter
         and provisions of a Development Plan, or its duly adopted
         portions, elements or amendments, the Provisions of the Plan
         shall prevail.




                                                                              12
                                                                                              site prior to the establishment of a permitted principal
2.      ESTABLISHMENT OF RESIDENTIAL                       LAND USE                           use, (unless it is a part of the sequencing process within
        ACTIVITIES                                                                            the time allowed for property development.)

                                                                             2.3     PRINCIPAL USES NOT SPECIFICALLY LISTED
2.1     PURPOSE

                                                                             2.3.1   Where a land use activity or principal use within a land use
2.1.1   Residential land use regulatory zones are intended to create,
                                                                                     activity title is not specifically listed in this section, the responsible
        maintain and promote a variety of housing opportunities for
                                                                                     local planning authority may determine the use activity and its
        individual households and to maintain the desired physical
                                                                                     category based on the use it deems most similar to that activity
        character of existing neighbourhoods. While the zones primarily
                                                                                     not specifically listed in accordance with the provisions of this
        accommodate residential uses, non-residential uses that are
                                                                                     section.
        compatible with residential neighbourhood are also allowed.
        Three groups of residential land use zones are provided:
                                                                             2.4     DEVELOPMENTS WITHIN MULTIPLE PRINCIPAL USES
2.1.2   Permitted Uses refer to land use activities allowed in a zone
                                                                             2.4.1   Developments within multiple principal uses shall conform to the
        without the need for special administrative review and approval,
                                                                                     following:
        but in accordance with the permitted use contained in Chapter 3.

                                                                                     i)       When all principal uses of a development fall within one
2.2     PRINCIPAL AND ANCILLARY USES
                                                                                              land use activity title, the entire development shall be
                                                                                              assigned to that use activity.
2.2.1   For regulatory purposes the detailed classification of Industrial
                                                                                     ii)      When the principal uses of a development fall within
        Land Use Activity set in Table 2.1 include the following:
                                                                                              different use activities, each principal use shall be
        i)     Principal Use – the primary or predominant use of any
                                                                                              classified in the applicable use title and each use shall be
               piece of land (plot /property). The “Principal Use” portion
                                                                                              subject to all applicable regulations for that use title.
               of each land use activity title lists principal activities
                                                                                     iii)     A development shall be reviewed using the most
               common to that title. The names of activities are generic
                                                                                              restrictive process from amongst the proposed uses. For
               and are based on common meanings, not on what a
                                                                                              instance, if a development includes a convenience store,
               specific use may call itself.
                                                                                              fuel sale and a restaurant, and one of those uses is only
        ii)    Ancillary Uses - a use that is on the same plot/property
                                                                                              permitted by conditional use permit in the zone, then the
               as, and of a nature customarily incidental and
                                                                                              entire development requires a conditional use permit.
               subordinate to the principal use, structure, or building on
               the property. No ancillary use may be established on a

                                                                                                                                                           13
                                                                             Group Living                  Residential occupancy of a structure by
Table 2.1: Detailed Classification of Residential Land Use Activities                                      a group of people that does not meet
                                                                                                           the definition of Household Living.
Residential Land Use Activities                                                                            Generally, Group Living structures have
                                  A family living together, on a month-to-                                 a common eating area for residents,
Household Living
                                  month or longer basis, in a single                                       and the residents may receive care or
                                  dwelling unit, with common access to                                     training
                                  and common use of all living and eating                Principal Uses           Common Ancillary Uses
                                  areas and all areas for the preparation
                                  and serving of food within the dwelling
                                                                             Boarding House /Rooming          Associated office,
                                  unit.
                                                                                   House                      Ancillary Dwelling Units
           Principal Uses                Common Ancillary Uses
                                                                             Dormitory                        Food preparation and
Individual Housing                  Detached garage,                                                         Dining area
                                                                             Nursing Home/ Retirement
         Single Family             carport,                                      Homes and Orphanages       Sanitary Room
            Detached Dwelling       barbecue pit,                                                            Recreational facility
            Unit                                                             Group home for
                                    tool or garden shed,                                                     Detached garage,
         Single Family Semi-                                                      mentally/physically
                                    swimming pool                                 disabled,                  carport and/or parking area
            Attached Dwelling
                                    gardens,
            Unit                                                             Religious Quarters
         Duplex                    Personal storage structures
                                    Hobbies and pets raising                Residential Camps/Barracks
Multifamily Housing
                                    Home Occupations                        Other Group Living Facility
        Townhouses
                                    Ancillary Dwelling Units
        Multifamily
            Dwellings/Flats
        Apartments
        Upper Story
            Residential
        Live/Work Unit

Mobile Housing
        Manufactured
           (mobile) Home
        Residential Mobile
           Home Park



                                                                                                                                                     14
3.      RESIDENTIAL LAND USE ZONE                                            3.2.4   The R-2 Single Family Residential Zone is intended to
                                                                                     accommodate small plot single-family houses at a density not
                                                                                     exceeding 15 gross dwelling units per hectare. This residential
3.1     PURPOSE
                                                                                     gross density assumes an average plot size of 400 m2, as well as
                                                                                     35 percent of non-residential uses that are required for roads,
3.1.1   Residential land use regulatory zones are intended to create,
                                                                                     public and recreational facilities.
        maintain and promote a variety of housing opportunities for
        individual households and to maintain the desired physical
                                                                             3.3     RESIDENTIAL SUBURBAN LAND USE ZONE (RSU)
        character of existing neighbourhoods. While the zones primarily
        accommodate residential uses, non-residential uses that are
                                                                             3.3.1   The residential suburban zone is intended to accommodate new
        compatible with residential neighbourhood are also allowed.
                                                                                     developments where the land-use pattern is predominantly sub-
        Three groups of residential land use zones are provided:
                                                                                     urban in character or where such a land use pattern is desired in
                                                                                     the future. The RSU zone is intended to provide for a variety of
3.2     RESIDENTIAL SINGLE-FAMILY REGULATORY ZONES:                                  housing opportunities at intensities compatible with surrounding
        (R-1, R-2)                                                                   land uses. The zone is intended to encourage residential infill on
                                                                                     single plots and small plots as well as new development on larger
3.2.1   These residential zones should be applied in villages, as well as            tracts. While the zone primarily accommodates residential uses,
        other areas where the land-use pattern is predominantly single-              non-residential uses that are compatible with residential
        family residential or where such a land use pattern is desired in            neighbourhoods are also allowed.
        the future.
                                                                             3.4     RESIDENTIAL URBAN LAND USE ZONE (RU)

3.2.2   Two single-family residential regulatory sub-zones are
                                                                             3.4.1   The residential urban zone is intended to accommodate new
        established, namely R-1, R-2. These sub-zones are differentiated
                                                                                     developments where the land-use pattern is predominantly urban
        primarily on the basis of plot size and gross residential density
                                                                                     in character or where such a land use pattern is desired in the
        requirements.
                                                                                     future. The RU zone is intended to provide for a variety of
                                                                                     housing opportunities at intensities compatible with surrounding
3.2.3   The R-1 Single Family Residential Zone is intended to
                                                                                     land uses. The zone is intended to encourage residential infill on
        accommodate large plot individual (single-family) house types at
                                                                                     single lots and small lots as well as new development on larger
        a density not exceeding 6 to 8 gross dwelling units per hectare.
                                                                                     tracts in traditional urban patterns that mimic established portions
        This residential gross density assumes an average plot size of 800
                                                                                     of surrounding neighbourhoods. While the zone primarily
        to 1000 m2, as well as 40 percent of non-residential uses that is
        required for roads, civic, public and recreational facilities.

                                                                                                                                                      15
        accommodates residential uses, non-residential uses that are
        compatible with residential neighbourhoods are also allowed.       3.5     HOUSING TYPES

3.4.2   The RU Zone is also intended to allow combinations of a variety    3.5.1   In order to allow for a variety of housing options and to establish
        of housing options with public and commercial services at an               a common housing terminology in the Country, the following
        appropriate neighbourhood scale                                            housing types, as shown in Table 3.1, are established and allowed
                                                                                   by land use zones as set forth in the permitted use table for each
        i)     This chapter provides standards for land use and                    zone. Character examples are provided for illustrative purposes
               development in each of the aforementioned residential               only.
               land use zones, based on the following principles:
                                                                                   Table 3.1: Housing Types
                  Provision of orderly expansion and improvement of                                          SINGLE FAMILY DETACHED – A plot
                   neighbourhoods                                                                             located and designed to accommodate a
                  Make efficient use of land and public services and                                         single-family detached residential house
                   implement the Development Plan.                                                            containing one dwelling unit located on a
                                                                                                              single lot with private yards on all four
                  Designation of land for the range of housing types                                         sides.
                   and densities needed by the community.
                                                                                                              SINGLE FAMILY ATTACHED:
                  Provision of flexible plot standards that encourage                                        SEMI-ATTACHED:          A    single-family
                   compatibility between land uses, efficiency in site                                        attached residential house with two
                   design, and environmental compatibility.                                                   attached dwelling units located on two
                                                                                                              separate plots that share a common wall
                  Provisions for compatible building and site design at
                                                                                                              along a lot line.
                   an appropriate neighbourhood scale; provide
                   standards that are in character with the landforms
                   and architecture existing in the community.
                                                                                                              SINGLE FAMILY ATTACHED:
                  Apply the minimum amount of regulation necessary                                           DUPLEX - A single-family attached
                   to ensure compatibility with existing residences,                                          residential house with two attached
                   schools,  parks,   transportation facilities, and                                          dwelling units located on a single lot
                   neighbourhood services.                                                                    (called a duplex). The units may be located
                                                                                                              on separate floors or side-by-side.
                  Provision of direct and convenient access to schools,
                   parks and neighbourhood services.


                                                                                                                                                      16
LIVE-WORK HOUSE: An attached or                                                   COURT HOUSE: A structure located and
detached building with residential uses,                                          designed to accommodate a building with
commercial uses, or a combination of the                                          common walls on both side lot lines and a
two within individually occupied live-work                                        private garden to the rear.
units, all of which may occupy any story of
the building


TOWNHOUSE: A multifamily residential
building with three to eight attached                                             LINED BUILDING: A large footprint
dwelling units consolidated into a single                                         building such as a parking garage, cinema,
structure. Each unit is separated by a                                            supermarket, etc., which is surrounded by
common side wall. A townhouse is more                                             a liner building which conceals large
than one story in height; however, units                                          expanses of blank walls and faces the
are not vertically mixed. Each unit has its                                       street with ample windows and doors
own external entrance.                                                            opening onto the sidewalk.
MULTIFAMILY RESIDENTIAL FLATS -
A     multifamily    residential    building
containing three or more dwelling units
consolidated into a single structure.          3.6     PERMITTED LAND USES
Dwelling units within a building may be
situated either wholly or partially over or    3.6.1   Table 3.2 identifies the land uses that are permitted in Residential
under other dwelling units. The building
                                                       Zones. Three types of designations are provided:
shares a common entrance.
                                                        “P” means the use is permitted in the respective Land Use
                                                           Zone subject to the use standard, if applicable. Such use is
                                                           also subject to all other applicable requirements of this
                                                           Development Control Code;
                                                        “CU” means the use is permitted with a Conditional Use
                                                           Permit.
                                                           “N” designation means the use is not permitted.




                                                                                                                         17
Table 3.2: Residential Regulatory Zones: Permitted Uses                                                   Regulatory Zone
                                Regulatory Zone
                                                                                                                                        Use
                                                                           Land Use Activity             R-1     R-2      RSU   RU
                                                                 Use                                                                 Standard
Land Use Activity              R-1     R-2    RSU     RU
                                                              Standard
                                                                                     Group home for
Household Living                                                                   mentally/physically       N       N     CU   CU
                                                                                             disabled
    Single Family Detached
                                P       P       P      P
              Dwelling Unit                                                        Religious Quarters        N       CU    CU   P
       Single Family Semi-                                                                Residential
                                P       P       P      P                                                     N       N     CU   CU
    Attached Dwelling Unit                                                            Camps/Barracks
  Single Family Attached –                                                         Other Group Living
                                P       P       P      P                                                     N       CU    CU   CU
      Two-Family (Duplex)                                                                     Facility
               Townhouses       N      CU       P      P                   Day Care & Educational Facilities
                 Multifamily                                                      Child Day Care/Pre-
                                N      CU       P      P                                                 P       P          P   P
Dwellings/Flats/Apartments                                                         primary Education
    Upper Story Residential     N      CU       P      P                               Primary School    P       P          P   P
            Live/Work Unit      CU     CU       P      P                           Children and Youth
                                                                                                         CU      CU        CU   P
                                                                                              Centers
    Manufactured (mobile)
                                CU     CU      CU      N
                   Home                                                              Elderly Day Care
                                                                                                         CU      CU        CU   P
                                                                                             Program
                               When and if applicable, manufactured home
  Residential Mobile Home      parks should be limited to a Manufactured      Small Scale Tutoring or
                                                                                                         CU      P          P   P
                      Park     Home Park Zone designated by Development               similar services
                               Plan
                                                                           Community Services
Group Living                                                                     Museums & Libraries     CU      CU        CU   P
            Boarding House
                                 N      CU        P     P                     Police, Fire, Emergency
           /Rooming House                                                                                P       P          P   P
                                                                                   Service Substation
                 Dormitory       N      CU        P     P
                                                                                Neighbourhood Art
      Nursing /Retirement                                                          Centre or similar     CU      CU        CU   P
                                CU      CU        P     P
   Homes and Orphanages                                                    Community Facility (Public)
                                                                           Medical (Outpatient) Care Services


                                                                                                                                                18
                                   Regulatory Zone                                                            Regulatory Zone

                                                                   Use                                                                      Use
Land Use Activity                  R-1      R-2      RSU   RU              Land Use Activity                  R-1    R-2   RSU      RU
                                                                Standard                                                                 Standard
     General Clinics/Health                                                Places of Worship
                                   N        N         N    CU
                    Centers                                                           All Places of worship     CU    CU    CU      CU
Specialist Clinics/Polyclinics     N        N         N    CU              Transport & Utility Services
   Ambulatory Health Care
                                 CU         CU        CU   P                        Bus /Taxi Stops/Stands      P     P         P   P
                 Services
                                                                             Cableways, substations and
   Blood & Organ Donation                                                                                       P     P         P   P
                                   N        N         N    CU                       other basic utilities
           Centers/ Banks
                                                                                   Communication Towers         CU    CU    CU      CU
    Medical and Diagnostic
                                   N        N         N    CU              Commercial Services
              Laboratories
Parks/Open Spaces/Recreational Facilities                                               Bed and Breakfast       P     P         P   P

                   Open Spaces                                                           Home Occupation        CU    CU    CU      CU
                                       P         P    P    P
                (Passive/Active)                                                   Small scale Convenience
                                                                                                                CU    CU    CU      P
         Horticultural/Botanical                                                                     Store
                                       P         P    P    P
                        Gardens                                                 Upper Storey Residential
       Community/Local Parks           P         P    P    P               (Mixed Residential/Small-scale
                                                                                                                N     N     CU      P
                                                                                  office or Retail Sales or
       Conservation/Protection                                                                    services)
                                       P         P    P    P
                        Areas
   Recreation Field (Play Area)        P         P    P    P               3.7       USE REGULATIONS AND STANDARDS
        Civic Squares & Plazas         P         P    P    P
  Heritage Sites & Monuments           P         P    P    P               3.7.1     The development standards in Table 3.3 apply to all uses,
                                                                                     structures, buildings, and development, in the designated
        Fitness (Gym) facilities       CU    CU       P    P
                                                                                     Residential Land Use Zones.
    Golf Course, Country Club,
                                       CU    CU       CU   CU
                   Club house
                                                                           3.7.2     The Standards shall apply in situations where a Local
     Playgrounds (Pitches) for                                                       Development Plan for a community has not been prepared and/or
                                       P         P    P    P
                   ball games
                                                                                     approved and/or when such Plan does not contain any area-
                                                                                     specific regulations and development standards.

                                                                                                                                                    19
3.7.3      Development Plans may establish new and/or altered standards                                          Residential Regulatory Zone
           according to characters and needs of areas for which they
                                                                                Standards               R-1            R-2     RSU      RU      Comment
           exercise jurisdiction.
                                                                                        Non-
3.7.4      In the event of any conflict between any provision of this Section     Residential          1000            1000     900     900
                                                                                        Uses
           and provisions of a Development Plan, or its duly adopted
           portions, elements or amendments, the Provisions of the Plan         Minimum plot sizes do not apply to parks/open space and recreational
           shall prevail.                                                       facilities permitted
                                                                                                             Minimum Plot Width
Table 3.3 – Development Standards for Residential Regulatory Zones
                                                                                Single Family
                                    Residential Regulatory Zone                    Detached:
        Standards           R-1           R-2     RSU      RU      Comment      Conventional         As per Urban Development Standards

               Gross                                                               Live-Work            15              15      15       15
             Density                              To be consistent with              Cottage                            14      14       14
                             6-8          =<15                                                          14
           (units/per                             Development Plan densities
            hectare)                                                            Single Family
                                                                                        Semi-            9              9        8        8
                        Minimum Plot Area in square meters
                                                                                    Attached
    Single Family
                                                                                      Duplex            18              18      18       15
       Detached:
                                                                                  Multifamily
        Conventional     As per Urban Development Standards
                                                                                 (Flats/Apart            -              25      25       25
          Live-Work         500            500     500     500                        ments)
             Cottage        300            280     280     280                  Townhouses               -              25      25       25
    Single Family
                                                                                        Non-
            Semi-           350            300     250     250    per unit
                                                                                  Residential           25              25      20       20
        Attached
                                                                                        Uses
             Duplex         700            600     550     500
                                                                                                Plot Coverage (Min/Max Building Coverage)
          Multifamily
                                                                                                        R-1            R-2     RSU      RU
         (Flats/Apart         -            200     150     120    per unit
              ments)                                                                   SFD:                           30/50    35/5    40/70
                                                                                                      30/50%
        Townhouses            -            200     200     150    per unit      Conventional                           %       0%       %


                                                                                                                                                       20
                               Residential Regulatory Zone                                                      Residential Regulatory Zone

 Standards             R-1            R-2     RSU      RU       Comment       Standards              R-1              R-2         RSU   RU      Comment

                                     50/70    50/7    60/70                      the maximum plot coverage stipulation shall prevail by means of
   Live-Work         40/60%                                                      increasing depth of a required rear as well as side setback
                                      %       0%       %
                                     60/80    60/8    60/80                                                  Building Setbacks
     Cottage         60/70%
                                      %       0%       %
                                                                               i. All front, rear and side (interior & street) setbacks, shall be measured
Single Family                                                                     from the edge of the right-of-way. Side setbacks shall be measured from
                                     40/60    50/7    50/70
        Semi-        40/60%                                                       the side property line.
                                      %       0%      %
    Attached                                                                  ii. Depth of a required setback shall be measured at right angles to a
                                     35/55    40/6    50/70                       straight line joining the foremost points of the side plot lines.
      Duplex         35/50%
                                      %       0%      %                       iii. Buildings shall have four types of setbacks – front, side (street), side
                                                                                   (interior), and rear.
  Multifamily
                                     40/60    40/6    50/70
 (Flats/Apart           -
                                      %       0%      %
      ments)                                                                                  Front/Street Setback (minimum in meters)
                                     40/60    40/6    50/70                                            R-1                  R-2         RSU        RU
 Townhouses             -
                                      %       0%      %                       Single Family
        Non-                                                                     Detached:
                                     35/60    40/6    40/70
  Residential        30/50%                                                   Conventional              6.0                 4.5         4.5         4.5
                                      %       0%      %
        Uses                                                                     Live-Work              6.0                 4.5         4.5         4.5
 i. Plot coverage for residential land use shall have an additional 5%             Cottage              4.0                 3.0         3.0         3.0
    coverage for the horizontal area of covered patios and roof overhangs     Single Family
    beyond 1.2m.                                                                      Semi-             6.0                 4.5         4.5         4.5
ii. The allowable plot coverage shall take cognizance of emergency ingress        Attached
    and egress; access and circulation; and utility services.                       Duplex              6.0                 4.5         4.5         4.5
iii. Plot coverage shall be unlimited for underground developments, such as     Multifamily
     basement parking.                                                         (Flats/Apart              -                  4.5-6       4.5-6      4.5-6
iv. Plot Coverage sizes do not apply to parks/open space and recreational           ments)
    facilities permitted                                                       Townhouses                -                  4.5-6       4.5-6      4.5-6
v. In the situation where the application for residential development meets           Non-
                                                                                                        6.0                 4.5         4.5         4,5
   all minimum setback requirements but exceeds maximum plot coverage           Residential


                                                                                                                                                          21
                                 Residential Regulatory Zone                                                 Residential Regulatory Zone

Standards               R-1            R-2          RSU    RU    Comment     Standards              R-1            R-2      RSU      RU       Comment
        Uses                                                                  (Flats/Apart
            Side Setback - Interior (minimum in meters)                            ments)
Single Family                                                                Townhouses               -              3.0      3.0   3.0
   Detached:                                                                         Non-
Conventional              1.5                 1.5          1.5         1.5     Residential           3.0             3.0      3.0   3.0
                                                                                     Uses
   Live-Work              1.5                 1.5          1.5         1.5
                                                                                               Rear Setback (minimum in meters)
     Cottage              0.9                 0.9          0.9         0.9
                                                                             Single Family
Single Family
                                                                                Detached:
        Semi-             1.5                 1.5          1.5         1.5
    Attached                                                                 Conventional            6.0             6.0     5.0      4.5
      Duplex              1.5                 1.5          1.5         1.5      Live-Work            6.0             6.0     5.0      4.5
  Multifamily                                                                     Cottage            4.5             4.5     3.5      3.5
 (Flats/Apart                -                1.5          1.5         1.5   Single Family
      ments)                                                                         Semi-           6.0             5.0     5.0      4.5
Townhouses                   -                1.5          1.5         1.5       Attached
        Non-                                                                       Duplex            6.0             5.0     5.0      4.5
  Residential             1.5                 1.5          1.5         1.5     Multifamily
        Uses                                                                  (Flats/Apart            -              5.0     5.0      4.5
                Side Setback – Street (minimum in meters)                          ments)
Single Family                                                                Townhouses               -              5.0     5.0      4.5
   Detached:                                                                         Non-
Conventional            3.0             3.0         3.0          3.0           Residential           6.0             5.0     5.0      4.5
                                                                                     Uses
   Live-Work            3.0             3.0         3.0   3.0
                                                                                             Building/Structure Heights (in storeys)
     Cottage            1.5             1.5         1.5   1.5
Single Family                                                                  i. It shall be the responsibility of a Development Plan and/or Detailed
        Semi-           3.0             3.0         3.0   3.0                     Layouts to stipulate building height standards for different residential
    Attached                                                                      zones in an area concerned.
      Duplex            3.0             3.0         3.0   3.0                 ii. Unless otherwise defined by a Development Detailed Layout Plan
                                                                                  and/or Design Code, maximum building height measured in storeys
  Multifamily            -              3.0         3.0   3.0


                                                                                                                                                      22
                                  Residential Regulatory Zone                                               Residential Regulatory Zone

Standards               R-1             R-2         RSU   RU      Comment    Standards             R-1             R-2     RSU       RU       Comment
     shall be as follows.
                                                                             i.   Unless otherwise defined by a Development or Detailed Layout Plan
                                                                                  and/or Design Code, floor height for different house types shall be as
                            R-1               R-2         RSU         RU          follows:

Single Family
                                                                              House Type:                         Floor Height
   Detached:
Conventional                G+1               G+1         G+2         G+2                     Allowable floor height is a minimum 2.7 meters
   Live-Work                G+1               G+1         G+2         G+2                      to a maximum 3.6 meters as measured floor to
                                                                                               floor;
     Cottage                G+1               G+1         G+1         G+1
                                                                             Single Family    If the ground floor of building floor is elevated
Single Family
                                                                                Detached:     more than 1.5 meters above the adjacent
        Semi-               G+1               G+1         G+2         G+2
    Attached                                                                                  sidewalk, the space below will count as the
                                                                                              ground (first) storey for purposes of measuring
      Duplex                G+1               G+1         G+2         G+2
                                                                                              building height.
  Multifamily
 (Flats/Apart                -                G+3         G+4         G+5                     Allowable floor height is a minimum 2.7 meters
      ments)                                                                                   to a maximum 3.6 meters as measured floor to
Townhouses                   -                G+1         G+1         G+1                      floor;
        Non-                                                                  Conventional    If the ground floor of building floor is elevated
  Residential                                                                      Cottage     more than 1.5 meters above the adjacent
                            G+1               G+1         G+2         G+5
        Uses                                                                                   sidewalk, the space below will count as the
   Permitted                                                                                   ground (first) storey for purposes of measuring
G = Ground storey, i.e. a floor that extends above natural ground level by                     building height.
more than 1.5 meters;
+1(+2) etc = Number of storeys above ground floor
                                  Floor Height




                                                                                                                                                     23
                               Residential Regulatory Zone                                                 Residential Regulatory Zone

Standards             R-1             R-2      RSU      RU       Comment   Standards              R-1             R-2      RSU      RU       Comment

                 Allowable floor height is a minimum 2.7 meters                             Allowable ground floor height is a minimum 2.7
                  to a maximum 3.6 meters as measured floor to                                meters to a maximum 3.6 m as measured floor
                  floor;                                                                      to floor;
                 If used for non-residential purposes allowable                             If used for non-residential purposes allowable
                  ground floor height can be extend up to 4                   Multifamily     ground floor height can be extend up to 6.5
   Live-Work      meters;                                                    (Flats/Apart     meters
                 If the ground floor of building floor is elevated               ments)     Ground floor must be located a minimum of 0.5
                  more than 1.5 meters above the adjacent                   Court House       meters above the sidewalk for stoop or porch
                  sidewalk, the space below will count as the                       Liner     base, or 0 meters for store-front or arcade base.
                  ground (first) storey for purposes of measuring                Building    Allowable upper floor height is a minimum 2.7
                  building height.                                                            meters to a maximum 3.6 meters as measured
                 Allowable floor height is a minimum 2.7 meters                              floor to floor
                  to a maximum 3.6 meters as measured floor to                               Visible basement height is a maximum 1.2
Single Family     floor;                                                                      meters above the public sidewalk elevation
        Semi-    If the ground floor of building floor is elevated                          Allowable floor height is a minimum 2.7 meters
   Attached;      more than 1.5 meters above the adjacent                                     to a maximum 3.6 meters as measured floor to
      Duplex      sidewalk, the space below will count as the
                                                                            Townhouses        floor;
                  ground (first) storey for purposes of measuring
                  building height.                                                           Ground floor must be located a minimum of 0.5
                                                                                              meters above the sidewalk;

                                                                                                       Frontage Percentage
                                                                             i. Frontage percentage is the percentage of the width of a plot that is
                                                                                required to be occupied by its building’s primary facade.
                                                                            ii. Unless otherwise defined by a Development Detailed Layout Plan
                                                                                and/or Design Code, minimum and maximum frontage percentages for
                                                                                each plot/house type are set as follows:
                                                                                                 R-1                R-2           RSU             RU
                                                                           Single Family
                                                                              Detached:


                                                                                                                                                       24
                                    Residential Regulatory Zone                        buildings to provide street visibility for public safety and
                                                                                       neighbourhood security.
        Standards           R-1           R-2     RSU      RU     Comment
        Conventional      60-80%           60-80%        60-80%     60-80%             Build-To-Line
          Live-Work       70-90%           70-90%        70-90%     70-90%
             Cottage      70-90%           70-90%        70-90%     70-90%     3.7.6   All “new buildings” especially in RSU and RA zones shall be built
    Single Family                                                                      to the front setback line.
            Semi-         60-90%           60-90%        60-90%     60-90%
                                                                                          All buildings shall be constructed at the build-to-line for at
        Attached
                                                                                           least 50 percent of the front street façade area of the first
             Duplex       60-90%           60-90%        60-90%     60-90%
                                                                                           floor, or first and second floors in buildings with more than
          Multifamily
                                                                                           one floor.
         (Flats/Apart        -            80-100%       80-100%    80-100%
              ments)                                                                      All buildings shall be constructed at the build-to-line for at
        Townhouses           -            80-100%       80-100%    80-100%                 least 75 percent of the side street façade area of the first
               Non-                                                                        floor, or first and second floors in buildings with more than
         Residential                                                                       one floor.
                          60-90%           60-90%        70-90%     70-90%
               Uses
          Permitted                                                                       Buildings may be set back from the front or street side
                                                                                           property line to accommodate shop entrances, arcades,
                                                                                           plazas, sidewalk cafes, other approved urban design
                                                                                           amenities, or landscaping required.
           Setbacks
                                                                                       Clear Sight Triangle
3.7.5      Residential setback provides space for private yards and building
                                                                               3.7.7   A visibility triangle shall be established on any corner plot or
           separation for fire protection/security, building maintenance,
                                                                                       driveway.
           sunlight and air circulation.      The setback yard standards
                                                                                       The visibility triangle shall be formed by extending lines from the
           contained in Table 3.3 are also intended to promote human-scale
                                                                                       intersection of two streets or driveway and street to set points
           design and traffic calming by diminishing the visual presence of
                                                                                       from the corner of the intersecting streets or driveway and then
           garages along the street and encouraging the use of pedestrian
                                                                                       connecting the two points to form a triangle of a hypotenuse
           amenities, such as extra-wide sidewalks and street furnishings in
                                                                                       length not less than 4.5m . No construction, planting or grading
           multiple family developments and in residential-commercial
                                                                                       shall be permitted to interfere with the sight triangle.
           projects.   The standards also encourage the orientation of



                                                                                                                                                       25
                                                                                            Awnings or overhangs may extend into a required front
                                                                                             setback provided they do not extend into the public
                                                                                             right-of-way without a right-of-way encroachment
                                                                                             permit. Awnings or overhangs over a public sidewalk
                                                                                             shall be a minimum of 3m clear height above the
                                                                                             sidewalk and shall be a minimum of 1.5m deep.

                                                                                     Variation to setbacks
                                                                             3.7.9   A variation to the building setback requirements can apply to a
                                                                                     development if the development is designed to have minimal
                                                                                     impact on neighbouring properties in terms of building dominance
                                                                                     (bulk and scale), sunlight access, privacy and streetscape. A
                                                                                     request for setback variation should address relevant matters
                                                                                     listed below:
          Figure 2.1: Illustration of Clear Sight Triangle                                  The position of adjacent buildings and their residential
                                                                                             character
                                                                                            The effect the setback variation has on sightlines and
        Exceptions to setbacks
                                                                                             visibility for pedestrians and vehicles
3.7.8   The following architectural features may encroach into the                          Size, shape and/orientation of the plot
        setback yards except if they extend into any easements:                             The elevation of the proposed building or buildings which
               Chimneys,    pre-fabricated  chimneys,   flues,        or                    will face the street and the proposed landscaping which
                smokestacks may extend a maximum of 1.2m.                                    is visible from the street
               Building eaves or roof overhangs may extend up to                           The proposed location of any private open space,
                0.7m; provided that such extension is at least 1m from                       courtyard or landscaped areas
                the property line, its lower edge is at least 2m above the                  The proposed siting of the development with regard to
                ground elevation, and it is located at least 1.5m from any                   sunlight, privacy and views and any impact on any
                other building or eave.                                                      neighbouring property.
               Bay windows, entrances and similar features that are less
                than 3m wide may extend up to 1m but shall remain at
                least 1.5m from the property line.



                                                                                                                                                   26
3.8     RESIDENTIAL INFILLS                                                           Plot Width

3.8.1   The purpose of this section is to ensure compatibility of new         3.9.2   The minimum plot width requirement is the smaller of:
        development and redevelopment of existing subdivisions. The                         The average width of the adjacent plots fronting on the
        setback and building height standards stipulated here supersede                      same linear block; or
        those in Table 3.2 when a building or partition is proposed on a
                                                                                            The average of the widths for all other plots fronting on
        subdivision plot in a Residential Zone that was subdivided and
                                                                                             the same linear block;
        developed prior to the effective date of this Development Control
        Code.                                                                         Front Setbacks


3.9     CONTEXTUAL INFILL DEVELOPMENT STANDARDS                                             Structures shall be located within the range of front
                                                                                             setbacks on the street. This range of setbacks shall be
3.9.1   These standards have been provided to allow an applicant (and                        measured on the basis of the four plots surrounding the
        the Authority) to look at the surrounding context for guidance in                    project site (the two closest plots in either direction along
        residential construction and are intended to reinforce the                           the street).
        traditional character of established residential neighbourhoods.                    The new structure shall be located within the range of
                                                                                             setbacks (no closer than the minimum setback, no further
        Applicability                                                                        than the maximum setback). Where a setback in these
                                                                                             four plots is significantly out of the range of setbacks
               The contextual infill development standards shall be used                    along the street, it may be eliminated from the range.
                on any residential project that is surrounded on all sides                  Where the calculation of a range of setbacks is not
                by existing single-family detached or single-family                          practicable, the structure shall follow the applicable
                attached development.                                                        building standards stipulated either by the related
               Exceptions are large-scale -residential projects of one (1)                  Development Plan or in Table 3.2.
                hectare or more in size which shall follow the applicable
                building standards stipulated either by the related                   Side Setbacks
                Development Plan or in Table 3.2.
               These contextual infill standards shall not be used for                     The minimum side setback for the respective Residential
                non-residential developments in residential Zones.                           Zone shall apply. However, if the side wall of an existing
                                                                                             structure is located on or within 1 meter of the adjoining
                                                                                             property line, windows or other openings in the new

                                                                                                                                                       27
               structure that would allow for visibility into the side yard            Building Height
               of the adjacent plot are not allowed unless a minimum 3-       3.10.3 All Land use zones shall have officially adopted height maps,
               meter building separation is provided. Windows that do                which shall be made part of the Zoning Map in their respective
               not allow visibility into the side yard of the adjacent lot,          Development Plans or Design Codes.
               such as clerestory windows or translucent windows, are
               allowed regardless of the building separation.                 3.10.4 No building or structure shall be erected or altered to exceed the
                                                                                     maximum height limit established for the respective Land Use
       Figure 3.1: Example of Contextual Setback Standards                           Zone in the official height map approved and adopted by the
                                                                                     responsible local authority.

                                                                              3.10.5    The maximum height limits of the zone shall not apply to spires
                                                                                       and domes not intended for human occupancy, monuments,
                                                                                       water tanks/towers, chimneys, flagpoles, or other similar
                                                                                       structures which, by design or function, shall exceed the
                                                                                       established height limits.

                                                                              3.10.6 Additional height above that permitted in the Zone or shown on
                                                                                     an officially adopted height map may be permitted through the
3.10   BUILDING HEIGHTS                                                              special exception process, except for all single-family detached
                                                                                     and single-family detached housing types.
       General Provisions
3.10.1 Buildings shall be constructed as of right, without neighbour          3.10.7 Where no land use zone height map exists, the building height
       consultation subject to compliance with relevant height                       shall follow standards stipulated in Table 3.2 along with the
       restrictions and other requirements.                                          following building height regulations:
                                                                                       i)     Buildings of height equal to or less than 10 meters shall
3.10.2 Local planning authorities may refer the proposed building to the                      start from plot setbacks.
       adjacent landowner for comment in writing, of the type of
                                                                                       ii)    For buildings higher than 10 meters, each portion above
       building to be erected. Such person may be invited to inspect the
                                                                                              that height shall be:
       plans at Local planning authorities, and if the person so desires,
       make a written submission within 10 days from the date of                                   Set back from the inner line of each of the
       notification.                                                                                minimum side setback by a minimum bulk plane of



                                                                                                                                                    28
                      1m horizontal distance for each 1m by which it                        Figure 3.2: Height Step-Down/Transition
                      extends above the height of 10m.
                     Set back from the inner line of the minimum rear
                      yard by a minimum horizontal distance equal to
                      0.25 meter for each 0.5 meter by which it extends
                      above the height of 10 meters.
                     The development shall not be detrimental in terms
                      of overshadowing on adjoining properties and
                      streets.


        Height Step-down


3.10.8 To provide compatible scale and relationships between new multi-
       storey buildings and existing single-storey dwellings in the R-1
       and R-2 Residential Zones, multi-storey buildings and structures
       in other higher density zones shall “step-down” to create a
       building height transition to adjacent single-story building(s) in
       the R-1 and R-2 Zones, as provided in the subsections below:

           This standard applies to new and vertically expanded              3.10.9 Exception: The provisions of the subsections above do not apply
            buildings and structures in any zone that are within 6 meters            when the relevant authority finds that the subject single storey
            (as measured horizontally) of an existing single-story building          buildings located within 6-12 meters of the subject site are re-
            in the R-1 and R-2 Zones with a height of 6 meters or less, as           developable. “Re-developable,” for the purposes of this Section,
            shown in Figure 3.2.                                                     means a plot either has an assessed market value that exceeds
           The transition standard is met when the height of the taller             the assessed market value of all improvements on the plot, based
            structure (“x”) does not exceed 1 meter of height for every              on the most recent data; or the front yard of the subject plot is
            one 1 meter separating the two structures (“y”), as shown in             large enough that it could be subdivided based on the Residential
            Figure 3.2.                                                              Zones standards.




                                                                                                                                                   29
3.11    BUILDING ORIENTATION                                                 iii)   Off-street parking, driveways, and other vehicle areas
                                                                                    shall not be placed between buildings and the street(s) to
3.11.1 Purpose: The following standards are intended to orient buildings            which they are oriented, as per subsection 2 and Figure
       close to streets to promote pedestrian-oriented developments.                2.4 except the following vehicle areas are allowed where
       Placing residences and other buildings close to the street also              the approval body finds that they will not adversely affect
       encourages crime prevention, natural surveillance or security, and           pedestrian safety and convenience:
       safety by having more “eyes-on-the-street.”
                                                                                       Multifamily buildings may have one driveway not
                                                                                        exceeding 6 meters in width plus parallel parking
3.11.2 Applicability: This section applies to all developments that are
                                                                                        located between the street and the primary building
       subject to Site Design Review, including developments that are
                                                                                        entrance, provided that the building’s primary
       reviewed as part of a Detailed Layout Plan or Conditional Use
                                                                                        entrance is connected to an adjacent street by a
       application.
                                                                                        pedestrian walkway and the driveway/parking area is
                                                                                        crossed by a clearly defined pedestrian walkway, as
3.11.3 Building orientation standards: All developments that are subject
                                                                                        required under Pedestrian Access and Circulation.
       to Section 3.11 shall have buildings that are oriented to a street.
                                                                                        The intent of this exception is to use driveways that
       This standard is met when all of the following criteria are met:
                                                                                        have street-like features;
        i)      Compliance with the setback and build-to line standards.               Attached single family housing developments
        ii)     Except as provided in subsections iii and iv, below, all                (townhouses) with street-facing garages may have
                buildings in the Residential Zones shall have at least one              one driveway access located between the street and
                primary building entrance (i.e., dwelling entrance, a                   the primary building entrance for every two dwelling
                tenant space entrance, a lobby entrance, or                             units, provided they meet the following criteria, as
                breezeway/courtyard entrance serving a cluster of units                 generally shown in Figure 3.2.
                or commercial spaces) facing an adjoining street, or if on
                a side elevation, not more than 6 meters from a street
                sidewalk.




                                                                                                                                            30
Figure 3.3: Townhouse Building Orientation                                      The maximum number consecutively attached
                                                                                 townhouses with garages facing the same street is
                                                                                 four (4) (two driveways); and
                                                                                Street-facing garages shall be setback at least 6
                                                                                 meters from the street; where a building is placed
                                                                                 less than 6 meters from the street, the 6-meter
                                                                                 garage setback may be accomplished by recessing
                                                                                 the garage behind the front building elevation.
                                                                                Commercial buildings and uses (e.g., neighbourhood
                                                                                 commercial or mixed-use) shall have all of their off-
                                                                                 street parking located behind or to the side of such
                                                                                 buildings and uses and screened from abutting
                                                                                 houses as generally shown in Figure 3.3. Off-street
                                                                                 parking shall not be located between any building
                                                                                 and any street.


                                                                             Commercial building orientation in residential
                                                                             zones


                                                                        i)   Where a development contains multiple buildings and
                                                                             there is insufficient street frontage to which buildings can
                                                                             be oriented, a primary entrance may be oriented to
                Where two abutting townhouses have street-facing            common green, open space, plaza, or courtyard. When
                 garages, they shall share one driveway access that          oriented in this way, the primary entrance(s) and green,
                 does not exceed 5 meters in width where it crosses          plaza, or courtyard shall be connected to the street by a
                 the sidewalk and intersects the street;                     pedestrian walkway. See example in Figure 3.3
                All primary building entrances shall be connected to        “acceptable site plan of commercial building orientation in
                                                                             residential zones”.
                driveway (and sidewalk) via a pedestrian walkway
                 that is not less than 1.2 meters wide;


                                                                                                                                      31
                                                                           3.12.3 Unless otherwise stated in this Code or a Development Plan,
                                                                                  visual privacy to adjoining properties and buildings shall be
                                                                                  maximized by:

                                                                                                      Ensuring windows and balconies of
                                                                                                      habitable rooms do not directly
                                                                                                      overlook windows, balconies and
                                                                                                      open space of adjacent houses
                                                                                                      Rear    balconies    are    generally
                                                                                                      discouraged unless privacy issues
                                                                           .                          have been appropriately addressed
                                                                                                      through the careful design, location
                                                                                                      and screening of rear balconies;

                                                                                                      Splaying the location of windows to
                                                                                                      minimize direct views.

3.12   VISUAL PRIVACY

3.12.1 Developments shall be designed to minimize the loss of privacy to
       adjacent properties and buildings. Screening, offsetting of
       opposing windows, reduction in windows areas and orientation of
       dwellings shall be provided to ensure visual privacy.

3.12.2 A Privacy Report shall be submitted for all new and vertically
       expanded buildings and structures in any zone that are within 6
       meters (as measured horizontally) of an existing single-storey
       building. The Report shall deliberate on how the objectives of
       minimizing the loss of privacy can be met.




                                                                                                                                              32
Offsetting windows so that windows
of new houses or alterations and                                        Increasing    (where  applicable)
additions are not directly opposite                                     building setbacks from the side
windows of adjacent houses.                                             boundary
No decks that directly overlook living
areas of adjacent dwellings shall be
permitted unless suitable screening
is provided to the satisfaction of the
responsible local planning authority;



                                          3.12.4 With regard to screening for residential flat buildings the following
                                                 shall apply:
Using windows which are narrow,
translucent or obscured or have                               Where windows or balconies of dwellings are within
window sills a minimum of 1.5                                  12 meters of windows or balconies of other
meters above the floor level;                                  dwellings, some form of screening or reduction in
The effective location of windows                              window areas shall be provided to ensure visual
and decks to avoid overlooking is                              privacy.
preferred to the use of screening                             Windows and balconies of dwellings shall be
devices, high sills or obscured glass.                         separated or screened from communal areas such as
Outlooks from habitable rooms shall                            paths, driveways, active open space, etc. Screens
be directed towards either the street                          may include courtyard walls, hedges and fences.
or private open space rather than                              Separation may be either distance or changes in
towards adjacent dwellings or                                  level.
neighbour’s private open space.
                                          3.12.5 Any or all of the following measures may at the discretion of
Appropriate landscaping shall be
                                                 responsible local planning authority be imposed to achieve visual
designed to provide screening and
                                                 privacy to the interior of adjoining dwellings and their private
filtering for control of privacy and to
                                                 open spaces.
reduce overlooking of dwellings
                                                              Where direct overlooking occurs from window to
                                                               window or window to private gardens and screening


                                                                                                                   33
                       is not feasible, there shall be a minimum separation             vii)    Group Living Facilities
                       of 6 meters or alternatively windows shall have a                viii)   Manufactured/Mobile Home Parks
                       minimum sill height of 1500mm above floor level.                 ix)     Existing Residential/Small-Scale Office Transition
                      Windows and doors shall be located to reduce                     x)      Neighbourhood Residential/Commercial/Office Mix Uses
                       overlooking and sound transmission. Operable
                       windows and doors and outdoor living areas shall be
                                                                                        Ancillary dwellings
                       located to the front or back rather than to the side of
                       dwellings.
                                                                                 3.13.2 Ancillary dwelling (attached, separate cottage, or detached
                                                                                        garage). Ancillary dwellings shall conform to all of the following
3.12.6 Where oblique overlooking occurs from window decks or                            standards:
       balconies, and viewing out is desired, measures such as fixed
       horizontal and vertical louver screens and planter boxes shall be                i)      Floor Area: Ancillary dwellings shall not exceed 40% of
       used. The height and projection of screens is to be determined                            the primary unit. The unit can be a detached cottage, a
       according to the sight line, assuming eye level is 1500mm.                                unit attached to a garage, or in a portion of an existing
                                                                                                 house;
3.13    SPECIAL USE STANDARDS                                                           ii)     Exempt from Density:       Ancillary dwellings are exempt
                                                                                                 from the housing density standards of the Residential
3.13.1 This section provides standards for specific land uses and building                       Zone, due to their small size and low occupancy levels;
       types, as identified in Table 3.3, that control the scale and
                                                                                        iii)    Owner-Occupied:      The primary residence or Ancillary
       compatibility of those uses within the Residential Zone. This
                                                                                                 dwelling shall be owner-occupied.
       Section applies to the following uses and building types:
                                                                                        iv)     One Unit: A maximum of one Ancillary dwelling unit is
        i)         Ancillary Dwelling                                                            allowed per plot.
        ii)        Single Family Attached: Duplex Housing (or Dual                      v)      Building Height:      The building height of detached
                   Occupancy)                                                                    Ancillary dwellings (i.e., separate cottages) shall not be
        iii)       Upper Storey Residential                                                      higher than principal structure.
        iv)        Multiple Family Housing & Townhouses
        v)         Multi Family Housing – Building Mass & Common Open
                   Space
        vi)        Live/Work Housing Type


                                                                                                                                                        34
Single Family       Attached:     Duplex      Housing     (Dual             provisions of this Code. Consideration may be given to
Occupancy)                                                                  relaxing setback and landscaping requirements, where
                                                                            necessary, to provide driveway access to a rear dwelling.

                                                                    viii)   Where the dwelling to be considered for retention is not
i)     Duplex Housing development provides increased housing
                                                                            considered by the responsible local planning authority to
       choice and allows for the intensification of residential
                                                                            be in good condition, upgrading of the original house may
       densities within existing developed residential areas.
                                                                            be required so that materials and colours are compatible.
ii)    Sites that are better suited to dual occupancy                       The responsible local planning authority shall also
       developments include those with two street frontages,                consider whether retention of an existing dwelling can
       such as corner sites or sites with rear lane.                        satisfy the requirements of the Building Control Code.
iii)   Both dwellings shall have clear and direct access from a     ix)     Traffic, Parking, and Design Compatibility: Single-family
       public street.                                                       semi-attached housing with three or more dwellings
                                                                            (plots), and attached duplex housing (two or more
iv)    Subdivision of a dual occupancy may be permissible but
                                                                            consecutively attached duplexes), shall comply with the
       only where the area of the plot created is consistent with
                                                                            standards in Sub-sections below, which are intended to
       the minimum area for the erection of a dwelling house.
                                                                            control development scale; avoid or minimize impacts
v)     A two-storey development shall only be permitted directly            associated with traffic, parking, and design compatibility;
       adjoining the principal street frontage where there are no           and ensure management and maintenance of common
       adverse privacy and overshadowing impacts, and where it              areas.
       is compatible with the existing streetscape. If a detached
       dual occupancy consists of one dwelling at the front of
                                                                    x)      Alley Access Required for Subdivisions          Principally
                                                                            Containing  Semi-attached houses    or          Duplexes:
       the site, and one behind at the rear, the rear dwelling
                                                                            Subdivisions, or phases of subdivisions, proposed to
       must be single storey.
                                                                            contain three (3) or more consecutively semi-attached
vi)    Where it is proposed to locate the two dwellings in a                single family dwellings, and developments with two (2) or
       detached dual occupancy, one behind, the other with                  more attached duplexes (4+ dwelling units), shall provide
       access to the rear dwelling by way of an access handle,              vehicle access to all such plots and units from an alley or
       there shall be a minimum 2 meter separation distance                 parking court. Alley(s) and parking court(s) shall be
       between the external walls of both dwellings (this is                created at the time of subdivision approval, and may be
       required even if subdivision is not proposed.)                       contained in private tracts or, if approved by the relevant
vii)   Where the retention of an existing house for a detached              Authority, in public right-of-way.
       dual occupancy is proposed, it shall comply with the

                                                                                                                                    35
xi)    Common Areas: Any common areas (e.g., landscaping,                   Upper     Story    Residential   (Mixed   Residential
       private tracts, common driveways, private alleys, building           Flats/Apartments and Commercial Development)
       exteriors, and/or similar common areas) shall be owned
       and maintained by a homeowners association or other          3.13.3 A mixed use development (Residential over Commercial or Upper
       legal entity. A copy of any applicable covenants,                   Storey residential) may be organized vertically within a plot. To
       restrictions and conditions shall be recorded and provided          ensure external and internal compatibility of uses in such a
       to the Relevant Authority prior to building permit                  development the following shall apply:
       approval.
                                                                            Form & Scale
xii)   Development    on   Arterial   Roads:Dual Occupancy
       developments on arterial roads shall comply with the         3.13.4 Ensure that the scale, height and massing of a new development
       following provisions:                                               does not overpower that of nearby existing buildings.
              All vehicles shall be able to enter and leave the    3.13.5 The responsible local planning authority shall not grant consent to
               property in a forward direction.                            development unless it is satisfied that such development is
                                                                           responsive to the established and desired character of the
              Manoeuvring space shall be provided within the
                                                                           streetscape and any adjacent public place.
               property to facilitate the above sub-clause.
                                                                    3.13.6 Mixed use (upper storey residential) buildings, particularly those
              Stack parking shall not be provided in front of             near commercial and town centres, may be taller or have greater
               garages.                                                    site coverage than existing neighbouring developments. Where
              On corner plots, access shall be provided through           practicable, the perceived scale of the new building or buildings
               the road with the lesser traffic                            shall relate to those of adjacent developments. (see Figure 3.4)
                                                                    3.13.7 The rear of new buildings shall, where possible, face the rear of
              Access to the dwellings shall be provided through
                                                                           existing buildings. Careful attention shall be paid to the quality of
               one driveway only.
                                                                           spaces created at the rear of buildings, especially when
                                                                           pedestrians will be passing through these
                                                                    3.13.8 Spaces, or when occupants of adjacent buildings will be looking
                                                                           onto them.




                                                                                                                                             36
Figure 3.4: Example of Form and Scale in Mixed Residential Flats and          Uses and Compatibility
Commercial Development
                                                                       3.13.9 When ground floor of upper residential unit includes restaurants
                                                                              and cafeterias (or disturbance-producing activities of similar
                                                                              nature), the following shall apply:
                                                                                          Special acoustic design shall be required to control
                                                                                           noise transmission, and/or;
                                                                                          Locating one or more floors of offices directly above
                                                                                           the ground floor to act as a buffer for upper
                                                                                           residential floors

                                                                              Courtyards Development

                                                                       3.13.10 A courtyard layout is especially suitable for mixed use
                                                                               developments because it incorporates a variety of spatial types,
                                                                               such as:
                                                                                          Spaces along the street that are suitable for
                                                                                           commercial tenants seeking high profile customers
                                                                                           and hoping to attract pedestrian traffic;
                                                                                          Spaces located further back on the site that are
                                                                                           suitable for businesses and workplaces that do not
                                                                                           require a street frontage;
                                                                                          Quiet areas at the rear of the development that is
                                                                                           highly suitable to residential use.
                                                                                          Where plot size permits, courtyard developments
                                                                                           may be arranged to face on to a central open space,
                                                                                           both at the ground level and at the upper floors.
                                                                                           Adequate separation distances must be maintained
                                                                                           across the courtyard to ensure a good level of visual
                                                                                           and aural privacy.



                                                                                                                                             37
                  The open space of a courtyard development shall,                Townhouses & Multi Family Housing: Plots Consolidation
                   whenever possible, be accessible to pedestrians         3.13.11 Traditional residential subdivisions in the settlements throughout
                   only. If necessary, access shall be provided for                the Country typically feature plots or subdivision pattern
                   service and emergency vehicles, but generally cars              predominantly intended to accommodate detached dwellings. The
                   shall not be permitted to drive through this area.              size and proportions of these plots, and the blocks which they
                  Car parking shall be located underneath or to the               form part of, were not designed with medium to higher density
                   rear of the development.                                        development in mind. As a consequence, medium density
                  Because courtyards offer a unique opportunity for               development requests on individual plots tend to lead to high
                   creating peaceful or bustling gathering places,                 levels of site coverage. Achieving better quality medium density
                   special attention shall be paid to their planting and           development requires the consolidation of adjoining land parcels
                   landscaping.                                                    to allow better site planning and provide better amenity. In this
                                                                                   regard the responsible local planning authority shall not grant
Figure 3.5: Examples of Courtyard Development                                      consent to the carrying out of townhouse or multi-family housing
                                                                                   development unless it is satisfied that the area and configuration
                                                                                   of the plot on which the development is proposed is such that it:
                                                                                          Has at least 25 meters of site frontage to a public street
                                                                                           or other appropriate public place;
                                                                                          Does not unreasonably compromise the development
                                                                                           potential of adjoining plots;
                                                                                          Allows for an acceptable level of amenity for residents
                                                                                           and neighbours of the proposed development at the
                                                                                           density proposed.
                                                                                          The responsible local planning authority may require the
                                                                                           consolidation of more than one existing residential plot
                                                                                           for residential townhouse/flats development, in a way
                                                                                           that improves both the quality and variety of design.
                                                                                          The consolidation of properties also enables development
                                                                                           that maximizes the potential of land to best achieve
                                                                                           urban consolidation objectives. For this reason also, the
                                                                                           responsible local planning authority may not permit
                                                                                           individual properties being less than - metres between

                                                                                                                                                  38
                two developments in a manner that would limit its future
                development potential for housing development and/or
                otherwise impact on its value.                               3.13.13 Building mass: The maximum width or length of a multiple family
               Where consolidation has not been achieved through                    building shall not exceed [25] meters from end-wall to end-wall,
                reasonable negotiation efforts, plots of less than 25                not including outdoor living areas (e.g., porches, balconies,
                meters site frontage shall be restricted to the                      patios, and similar unenclosed spaces).
                development potential otherwise achieved under the
                guidelines for one and two storey single or dual             3.13.14 Common open space: A minimum of [10] percent of the site area
                occupancy residential development.                                   shall be designated and permanently reserved as common open
                                                                                     space in all multiple family developments, in accordance with all
                                                                                     of the following criteria:
        Multi Family Housing – Building Mass & Common Open
                                                                                           The site area is defined as the plot on which the
        Space
                                                                                            development is to be located, subtracting any required
3.13.12 Where multi-family housing is allowed, it shall conform to all of                   dedication of street right-of-way and other land for public
        the following standards, which are intended to promote liveability                  purposes (e.g., public park or school grounds, etc.);
        for residents and compatibility with nearby uses. Figure
                                                                                           In meeting the common open space standard, the
        3.6provides a conceptual illustration of the requirements listed
                                                                                            multiple family development shall contain one or more of
        below.
                                                                                            the following: outdoor recreation area, protection of
                                                                                            sensitive lands (e.g., trees preserved), play fields,
        Figure 3.6: Examples of Multifamily Open Spaces
                                                                                            outdoor playgrounds, outdoor sports courts, swimming
                                                                                            pools, walking fitness courses, pedestrian amenities, or
                                                                                            similar open space amenities for residents.
                                                                                           Historic buildings or landmarks that are open to the public
                                                                                            may count toward meeting the common open space
                                                                                            requirements when approved by the relevant authority;
                                                                                           The relevant Planning Authority may waive the common
                                                                                            open space requirement for the first 20 dwelling units in a
                                                                                            multiple family project that is located within 300 meters
                                                                                            (measured walking distance) of a public park, and there
                                                                                            is a direct, accessible pedestrian walkway or multi-use
                                                                                            pathway connecting the site to the park. If the park is not


                                                                                                                                                    39
                developed, or only partially developed, the approval body            Live/Work Housing Type
                may require the multiple family housing developer to
                improve the park land in an amount comparable to that         3.13.17 For the purpose of this subsection the live/work housing type is
                which he or she would otherwise be required to provide                defined as a residential unit used as both living accommodation,
                in his or her development.                                            which includes cooking space and sanitary facilities in
                                                                                      conformance with applicable building standards; and adequate
                                                                                      working space accessible from the living area, reserved for, and
3.13.15 Private open space: Private open space areas shall be required
                                                                                      regularly used by, one or more persons who reside in the unit.
        for ground-floor and upper-floor housing units based on all of the
        following criteria:                                                          i)      All living space within the live/work unit needs to be
                                                                                             contiguous with, and an integral part of, the working
               A minimum of 50 percent of all ground-floor housing units
                shall have front or rear patios or decks measuring at least                  space, with direct and internal access between the two
                5 square meters;                                                             areas.

               A minimum of 60 percent of all upper-floor housing units             ii)     The working space within a single live/work unit shall be
                shall have balconies or porches measuring at least 5                         considered Ancillary and shall not trigger occupancy
                square meters; and                                                           separations within that unit.
               In the Residential-Commercial Zone, multiple family                  iii)    Each unit shall include a kitchen and restroom facilities,
                dwellings are exempt from the private open space                             consisting of a toilet, shower and/or bathtub. Restroom
                standard where the development contains pedestrian                           facilities shall be provided to serve the commercial
                amenities located between primary building entrance(s)                       portion of the unit. Individual public restroom facilities are
                and adjoining streets.                                                       not required within each live/work unit when accessible
                                                                                             public restroom facilities are provided elsewhere on an
                                                                                             accessible route within the building or building site.
3.13.16 Refuse Bay: Refuse bays shall be oriented away from building
        entrances, setback at least 3 metres from any public right-of-way            iv)     Work space within a live/work unit may be used as an
        and adjacent residences and shall be screened with an evergreen                      office, studio, gallery, or for artisanal production involving
        hedge or solid fence or wall of not less than 1.8 metres in height.                  the use of hand tools and small-scale, light mechanical
        Receptacles must be accessible to refuse pick-up trucks.                             equipment. No business, storage or warehousing of
                                                                                             material, supplies or equipment shall be permitted
                                                                                             outside of the unit.
                                                                                     v)      Any activity that produces radio, TV, or other electronic
                                                                                             interference; noise, glare, vibration, smoke, or odour

                                                                                                                                                        40
               beyond allowable levels as determined by standards, or                  Group Living Facilities
               that can be detected beyond the property line; is
               prohibited.                                                     3.13.19 Group living facilities shall be permitted in residential and other
       vi)     Any activity involving on-site retail sales, including garage           zones that permit residential development, subject to the
               sales exceeding the thresholds of a temporary use, is                   following:
               prohibited, except that the sale of items that are                      i)      The Group home shall be operated in a manner that is
               incidental to a permitted home occupation is allowed.                           compatible with the neighbourhood and shall not be
       vii)    The following uses and uses with similar objectionable                          detrimental to adjacent properties as a result of traffic,
               impacts because of motor vehicle traffic, noise, glare,                         noise, refuse, parking or other activities
               odour, dust, smoke or vibration, are prohibited:                        ii)     The home shall maintain a residential appearance
                                                                                               compatible with the neighbourhood.
                  Ambulance service;
                  Animal hospital, veterinary services, kennels;                      iii)    The home shall meet all regulations/requirements, and all
                                                                                               applicable housing and building code requirements.
                  Auto and other vehicle repair, including auto painting;
                   and                                                                 iv)     Where abutting a residential use, visual buffers shall be
                  Repair, reconditioning or storage of motorized                              provided so as to shield all parking, outdoor service, and
                   vehicles, boats, recreational vehicles, or large                            outdoor activity areas from abutting property. Such
                   equipment on-site;                                                          buffers shall consist of trees or other vegetation of such
                                                                                               height and depths or an appropriate fence or wall or
3.13.18 Advertising signs shall be limited to one unlighted wall sign no
                                                                                               combination thereof as determined during the site plan
        larger than 0.5 square meters in area, attached to the structure
                                                                                               review process by the responsible local planning
        housing the live/work unit.
                                                                                               authority.
                                                                                       v)      All parking, loading and unloading, and deliveries shall
                                                                                               take place from the rear of the property or shall be
                                                                                               sufficiently screened from view as set forth in Chapter
                                                                                               3.3, Section 3.3.6, Landscaping, Screening and Buffer
                                                                                               Requirements.




                                                                                                                                                       41
    Existing Residential/Small-Scale Office Transition                          Figure 3.7: Example of Residential Appearance of Buildings by

3.13.20 The following standards shall be applied to allow for an orderly                 Retention of Front Lawns Free from Vehicular Parking
        transition of land use from residential to small scale office while
        maintaining a residential property appearance and building scale
        for plots and parcels that meet the limited criteria described
        below:

        i)      Unless otherwise stipulated by a Development Plan, only
                a house existing on the effective date of this Code that is
                located in a residential area and has a side plot line
                immediately adjacent to a property zoned and/or used for
                commercial or industrial uses and developed without a
                buffer zone is eligible to apply for a Special Use Permit for
                Office Use.

        ii)     A residential side plot line of less than 25 percent shall
                not qualify as a side plot line for the above adjacency
                requirement.
        iii)    In addition to the requirements for Special Use Permits,
                an applicant for a Special Use Permit under this Section
                                                                                       v)      All parking shall be paved and approaches shall be of
                shall also submit a site plan conforming to the
                                                                                               hard surface.
                requirements of Application Procedures along with the
                Special Use Permit application. Furthermore, an interior               vi)     Maintenance of the residential appearance of the
                layout of the building shall be submitted with the Special                     buildings shall be enhanced by the retention of front
                Use Permit application.                                                        lawns free from vehicular parking; therefore, parking shall
                                                                                               generally not be permitted in the front yard. (see figure
        iv)     Off-street parking shall be provided at 1.5 spaces per
                                                                                               2.15) An exception to this provision may be considered
                habitable room. For the purposes of this Section, a
                                                                                               with the Special Use Permit application to recognize
                habitable room includes foyers if used for reception
                                                                                               existing garages or parking areas. All parking areas on
                areas, work stations, offices, etc, but excludes restrooms,
                                                                                               the property (except driveways) shall be behind the front
                kitchens, porches (enclosed or open) and utility rooms.
                                                                                               building lines or the front plane of the building and shall
                                                                                               be located to the side or rear of the building, and shall
                                                                                               not encroach into any building lines adjacent to

                                                                                                                                                       42
               residential uses and screened from the view of adjacent     on parcels of one 0.5 hectares or larger, subject to compliance
               residences to a height of 1.8 meters by a solid screening   with the subsections, below:
               wall or fence, or dense shrubs and vegetation. Parking
                                                                           i)     Permitted uses: Single family residences, Manufactured
               shall be screened from view of the right-of way in
                                                                                  Home Park, manager’s office, home occupations, and
               accordance with the regulations set forth in Chapter 4,
                                                                                  Ancillary structures that are necessary for the operation
               Parking and Loading, of this Code. Existing garages may
                                                                                  and maintenance of the manufactured dwelling park
               be counted toward the parking requirements.
                                                                                  (e.g., landscape maintenance).
       vii)    Screening to a height of 1.8 meters by a solid screening
                                                                           ii)    Space: The minimum size pad or space for each dwelling
               wall or fence, or dense shrubs and vegetation shall be
                                                                                  is 250 square meters, provided that the overall density of
               required against side and rear yards adjacent to property
                                                                                  the park does not exceed 30 units per hectare.
               zoned /used as residential. However, the wall or fence
               may be reduced in height if buildings on site reduce the    iii)   Setbacks and Building Separation: The minimum setback
               impact of the office use, including parking, and as the            between park structures and abutting properties is 1, 5
               fence approaches the right-of way.                                 meters. The minimum setback between park structures
                                                                                  and public street right-of-way is 4.5 meters. At least a 3-
       viii)   New curb cuts or curb cuts required for increased traffic
                                                                                  meter separation shall be provided between all dwellings.
               shall maintain required separation distances.
                                                                                  Dwellings shall be placed a minimum of 6 meter apart
       ix)     The use of the property for Medical Offices providing              where flammable or combustible fuel is stored between
               consultation, diagnosis, therapeutic, preventative, or             units. Park structures shall be placed no closer than 1.5
               corrective personal treatment services by doctors, or              meters to a park street or sidewalk/pathway. An Ancillary
               similar practitioners of medical and healing sciences for          structure shall not be located closer than 2 meters feet to
               humans, licensed for such practice by the relevant                 any other structure or dwelling, except that a double
               Authorities shall be considered on a case-by-case basis            carport or garage may be built which serves 2 dwellings.
               and addressed in conditions of approval to describe what           When a double carport/garage is built, the carport/garage
               scale, if any, is permitted with the Special Use Permit.           shall be separated from all adjacent structures by at least
                                                                                  1 meter.
       x)      Clinics and emergency centres are not permitted uses.
                                                                           iv)    Perimeter landscaping:    When manufactured dwellings
       Manufactured/Mobile Home Parks                                             are oriented with their back or side yards facing a public
3.13.21 If applicable and required, Manufactured/mobile home parks                right-of-way, the local Authority may require installation
        (including recreational vehicles) shall be designated by                  of fencing and planting of a 4.5 meters wide landscape
        Development Plans and/or Detailed Layout Plans and permitted              buffer between the right-of-way and a manufactured


                                                                                                                                          43
                home park for the privacy and security of residents or              iv) Restaurants or other places serving food, except drive-in or
                aesthetics of the streetscape.                                          drive-through restaurants;
                                                                               3.13.24 Activities specifically prohibited include: night/disco clubs drive-
        Neighbourhood Residential/Commercial/Office Mix Uses
                                                                                       through facilities, repair or service of motor vehicles and other
3.13.22 For the purpose of this subsection, neighbourhood commercial/                  large equipment, bars/taverns, retail liquor sale, manufacturing
        office uses shall mean retail, office, and service uses to be                  processes which would normally require industrial zoning,
        contained in buildings or structures located in residentially zones.           commercial uses with outdoor storage, any activity which may
                                                                                       become a nuisance due to noise, unsightliness, or odour; and any
3.13.23 The following neighbourhood commercial/office uses may be                      activity which may adversely affect surrounding properties.
        administratively permitted in all residential zones. The responsible
        local planning authority shall determine what uses shall be            3.13.25 Parking for the above stated uses shall be one parking space per
        permitted which are not specifically listed below but which it                 dwelling unit for residential and three parking spaces per 100
        considers to be of similar nature:                                             square meters of net floor area for all other uses. On-street
        i)      Any generally recognized retail business which supplies                parking along the street frontage of the mixed-use structure may
                commodities on the premises for persons residing in                    be counted toward the minimum required parking for non-
                adjacent residential areas such as: groceries, meats, dairy            residential purposes. An alternative parking plan may be
                products, baked goods or other foods, flowers,                         submitted with the approval of the Relevant Planning Authorities.
                pharmaceuticals,     lotions,   hardware     and    similar    3.13.26 Any permitted use shall be permitted only if it has been reviewed
                commodities that require a retail character no more                    by the responsible local planning authority as an appropriate use
                objectionable than the aforementioned uses.                            for the surrounding residential neighbourhood.

        ii)     Any personal service establishment which performs
                                                                               3.13.27 Each site shall be evaluated as to its potential impact on the
                services on the premises for persons residing in adjacent
                                                                                       surrounding residential neighbourhood. Factors which shall be
                residential areas, such as: computer services, shoe repair,
                                                                                       used in the evaluation and shall be approved by the relevant local
                tailor shops, beauty, barber shops, dressmaker,
                                                                                       planning authority include, but are not limited to, the following:
                pharmacist, home appliance repair, and similar
                                                                                       hours of operation, off-street parking, noise, lighting, traffic (both
                establishments that require a retail character no more
                                                                                       vehicular and pedestrian), deliveries and screening.
                objectionable than the aforementioned uses.
        iii)    Art galleries, artist studios, photographer’s studios and      3.13.28 All business, servicing or processing use activities shall be
                professional offices of doctors, lawyers, dentists,                    conducted within completely enclosed building.
                architects, engineers, accountants, and similar or allied
                professions;

                                                                                                                                                          44
3.13.29 All signage must be appropriate to the scale and character of the
        site and building. Signage types permitted shall include awning,
        canopy, and wall signs as provided for in Article 4, section 4.5.

        Special Uses

3.13.30 Applications that do not meet the established standards set forth
        in the subsection above may be submitted by applicants for
        approval pursuant to the Special Use permit process. (Such uses
        shall be categorized as Special Uses and shall be permitted only if
        they been reviewed by and approved by the responsible local
        planning authority as an appropriate uses in the surrounding
        residential neighbourhood).




                                                                              45
4.      PARKING AND LOADING STANDARDS                                         4.2.5   For townhouses and apartments, required parking spaces shall be
                                                                                      located on the same plot or on land within 100 metres of the
4.1     APPLICABILITY                                                                 building, structure or use served along the shortest available
                                                                                      pedestrian route (measured from the nearest point of the parking
4.1.1   All development subject to Planning Permission Approvals,                     area to the nearest point of the building, structure or use served
        including development of parking facilities shall comply with the             by such parking lot), provided that such off – site parking
        provisions of this chapter.                                                   complies with the following:


4.2     AUTOMOBILE PARKING STANDARDS                                                  i)      Meets off – street parking requirements as in Table 4.1
                                                                                      ii)     Such off-street parking spaces are located within a zone
        General Provisions                                                                    which would permit the use to which such parking is
                                                                                              accessory.
4.2.1   Residential land use activity shall not be developed as a vehicular           iii)    For Townhouse and Apartment housing types, no parking
        parking use area (except single – family) without a site plan                         is permitted between the building and the street.
        approved by the responsible local planning authority.
                                                                              4.2.6   Underground parking      shall   be   encouraged    in   large-scale
4.2.2   Required parking shall not provide less than the minimum of off –             developments;
        street parking required under this section. In phased projects,
        individual phases of the project are exempt from the maximum          4.2.7   Parking facilities shall be designed for safety and convenience;
        parking standards, provided that the entire project does not
        exceed the maximum allowable parking spaces when fully built.         4.2.8   There shall be a clear distinction of pedestrian and vehicular
                                                                                      movements within parking lots.
4.2.3   Required parking spaces shall not be used for the storage or sale
        of merchandise, vehicle storage, and sale of vehicles or vehicle      4.3     OFF – STREET PARKING REQUIREMENTS
        repair.
4.2.4   For single – family detached and single – family attached dwelling    4.3.1   Except as otherwise provided in this section the minimum number
        units, required off – street parking spaces shall be located on the           of required off-street parking spaces shall be as shown in Table
        same plot. Only designated driveways within the setback area                  4.1.
        between the primary structure and the street may be used for
        parking.




                                                                                                                                                         46
4.3.2   To determine the number of off-street parking spaces required,      4.4     ARRANGEMENT AND DESIGN OF PARKING SPACES
        the following indices shall be used:
                                                                            4.4.1   Access to all parking spaces shall be functional.
       Table 4.1: Off-Street Parking Requirements
    Use Category              Specific Use        Minimum                   4.4.2   Where 4 or more parking spaces are required, other than single-
                                                  Parking                           family and 2-family dwellings, the parking lot shall be designed or
                                                  Spaces                            arranged in a manner that no manoeuvring into or from any
    RESIDENTIAL                                                                     street or walkway is necessary in order for a vehicle to enter or
                                                                                    leave a parking space, and which allows all vehicles to enter the
                        1. Multi – Family Residential-                              street in a forward position.
                           Townhouses, Apartments
                                Studio                  1.0 per unit       4.4.3   Vehicle parking space shall be at least 2.5m in width and 5m in
                                1 bedroom               1.5 per unit               length.
    Household                   2bedroom                2.0 per unit
    Living                      3 bedroom               2.5 per unit       4.4.4   Minimum aisle width for parking bays shall be provided in
                                4 bedroom               3.0 per unit               accordance with the following:
                        3. Live-work                     3.5 per
                                                         residential unit               Parking Angle                             Aisle Width


                        1. Boarding house, rooming                                      00 - 500                                        4m
                           house, Dormitory,                                            510 - 700                                       6m
    Grouping Living        Convent, Hospice,             1.0 per 2 beds                 710 - 900                                       7m
                           Orphanage, Personal
                           care home for the                                4.4.5   In and out aisles shall be provided to street and between parking
                           elderly, Home for the                                    bays, and driveway leading into a parking area shall not be less
                           disabled                                                 than 4m in width, except that driveways for detached and semi-
                                                                                    detached units shall be no less than 3m.

4.3.3   When computation of required parking spaces results in a            4.4.6   Access to all parking spaces shall be functional.
        fractional number, the number of spaces required shall be the
        next highest whole number.                                          4.4.7   Where 4 or more parking spaces are required, other than single-
                                                                                    family and 2-family dwellings, the parking lot shall be designed or

                                                                                                                                                    47
        arranged in a manner that no manoeuvring into or from any              4.5.3   All off-street parking lots with frontage on any portion of street
        street or walkway is necessary in order for a vehicle to enter or              road reserve shall provide landscaping in accordance with the
        leave a parking space, and which allows all vehicles to enter the              provisions of Section 6.3 (Landscaping and Screening).
        street in a forward position.
                                                                               4.5.4   The perimeter of all off-street parking areas adjacent to a
4.4.8   Vehicle parking space shall be at least 2.5m in width and 5m in                residential zone shall provide a class C buffer see Section 6.3. 1
        length.                                                                        canopy form tree shall be planted for every 2 parking bays.

4.4.9   Minimum aisle width for parking bays shall be provided in              4.5.5   Off – street parking lots or area shall be illuminated during night
        accordance with the following:                                                 time and shall be shielded to prevent any illumination towards
                                                                                       any plot within a residential or mixed use zone.
            Table 4.2: Minimum aisle width for parking bays
           Parking Angle                  Aisle Width                          4.5.6   All landscaping in or adjacent to an off – street parking lot shall
           00 - 500                       4m                                           be protected from vehicular damage by a raised concrete curb
           510 - 700                      6m                                           0.15m in height, however, the curb need not be continuous.
           710 - 900                      7m
                                                                               4.5.7   Off – street parking areas shall not drain or cross public sidewalks
4.4.10 In and out aisles shall be provided to street and between parking
                                                                                       or into adjacent property, except into a natural watercourse or a
       bays, and driveway leading into a parking area shall not be less
                                                                                       drainage easement. In already developed areas where this
       than 4m in width, except that driveways for detached and semi-
                                                                                       condition would be impossible to meet, the responsible local
       detached units shall be no less than 3m.
                                                                                       planning authority may waive this requirement, provided that
                                                                                       adequate provision is made for drainage.
4.5     IMPROVEMENTS OF OFF-STREET PARKING SPACES,
        PARKING LOTS AND DRIVEWAYS
                                                                               4.6     PARKING REQUIREMENTS FOR GROUP LIVING AND
                                                                                       INSTITUTIONS FOR PHYSICALLY DISABLED
4.5.1   All off – street parking spaces, parking lots and driveways shall be
        provided and maintained with an all-weather surface (asphalt           4.6.1   For every 3 parking requirements provide 2 paraplegic parking
        bitumen, concrete or other material approved by the responsible
                                                                                       bays (3:2).
        local planning authority) and shall be maintained in a smooth,
        well graded condition.

4.5.2   Each parking space shall be marked off and maintained so as to
        be distinguishable.

                                                                                                                                                        48
        Design Standards for Paraplegic Parking                                              must not obstruct a required clear vision area and its
                                                                                             must not violate any law or street standard.
4.6.2   Parking Space Dimensions - Paraplegic parking spaces shall be
        3.8 metres wide and shall have an adjacent access aisle (a                    iii)   Public Use Required for Credit- On-street parking spaces
        minimum of 1.5m in width) on one side. Two paraplegic parking                        counted toward meeting the parking requirements of a
        spaces may share a common access aisle.                                              specific use may not be used exclusively by that use, but
                                                                                             shall be available for general public use at all times.
4.6.3   Location of Spaces - Paraplegic parking bays spaces shall be                         Signs or other actions that limit general public use of on-
        located with the most direct and practical access, at least 1 metre                  street spaces are prohibited.
        wide, to a primary accessible building entrance unobstructed by
        bumpers, curbs, or other obstacles to wheelchairs. The site                   iv)    Off-site parking- Except for single-family dwellings, the
        design shall not permit parked vehicle overhangs or any other                        vehicle parking spaces required may be located on
        obstacle to reduce the clear width of adjacent walkways unless as                    another parcel of land, provided the parcel is within 100
        otherwise allowed in this Section. Parking spaces and access                         metres of the use it serves and the Responsible Planning
        aisles shall be level with surface slopes not exceeding a ratio of                   Authority has approved the off-site parking through Land
        1:4 in all directions. There shall be a clear signs prohibiting                      Use Review. The distance from the parking area to the
        parking in the access isle and the parking spaces clearly marked                     use shall be measured from the nearest parking space to
        for persons with disabilities. Ramps shall be constructed of slip-                   a building entrance, following a sidewalk or other
        resistant material for easy movement of wheel chairs.                                pedestrian route. The right to use the off-site parking
                                                                                             must be evidenced by a recorded deed, lease, or similar
4.6.4   On-Street Parking shall conform to the following standards:                          written instrument.

        i)      Dimensions- The following constitutes one on-street           4.7     MULTI-STOREY CAR PARKS AND PARKADES
                parking space:
                 Parallel parking, each 6 meters of uninterrupted curb;      4.7.1   In major developments, parking shall be wrapped in buildings in
                 [45/60] degree diagonal, each with 4 metres of curb;                order to efficiently use land and also screen the impact of the
                 90 degree (perpendicular) parking each with 4 metres                cars from public view.
                    of curb.
                                                                              4.7.2   Multi-storey car parks shall be designated to incorporate active
        ii)     Location- Parking may be counted toward the minimum                   ground floor uses such as shops and offices.
                standards in Table 3.7 when it is on the block face
                abutting the subject land use. An on-street parking space

                                                                                                                                                     49
4.7.3   The exterior façade shall maintain a horizontal line throughout.        4.7.11 Access to parking structures shall be designed so as not to
        The sloping nature of the interior structure, necessary in the                 obstruct free flow of traffic on adjoining public streets (e.g., right
        design of parking structures, shall not be repeated on the exterior            and left turn lanes into the structure).
        façade.
                                                                                4.7.12 Entrances and exits shall be located so that each is separated
4.7.4   The height and mass of multi-storey car parks shall be consistent              from the other in order to reduce the turning movement conflicts.
        with the urban design fabric within which the structure is to be
        located (e.g., a seven story parking structure shall not be situated    4.7.13 In and out to all parking spaces shall be adequately provided to
        in an area that consists of primarily two-to three story structures).          ensure ease of mobility, ample manoeuvring clearance, and
                                                                                       safety of vehicles and pedestrians.
4.7.5   Facades that face public rights-of-way shall incorporate a
        repeating pattern that includes colour change, texture change           4.7.14 Access points to the parking structure for pedestrians and
        and material change, each of which shall be integral parts of the              vehicles shall be separated in order to avoid pedestrian/vehicle
        structure not superficially applied trim, graphics, or paint.                  conflicts.

4.7.6   In addition, vertical elements shall be incorporated into the           4.7.15 Loading areas within the structure shall be provided for
        exterior façade design in order to create a repeating pattern. This            vanpools/carpools which may be picking up or discharging
        can be accomplished through the use of projecting ribs, or                     passengers who have vehicles parked in structure.
        offsets, which shall be no less than 0.3m in width. All such
        elements shall repeat at intervals of no more than 10m.                 4.7.16 Parking shall not extend past the established building line on a
                                                                                       block.
4.7.7   A wall or other screening of sufficient height to screen parked
        vehicles and which exhibits a visually pleasing character shall be      4.7.17 The perimeter of all parking lots shall be visually screened
        provided.                                                                      through the use of walls, fences, and/or landscaping, with an
                                                                                       emphasis on any portions fronting a street.
4.7.8   Elevator and stair shafts shall be topped with gabled roofs or
        other architectural accents.                                            4.7.18 The method of screening shall vary, including masonry walls and
                                                                                       fences for higher density portions of the study area shall
4.7.9   The ground-level of the structure shall not consist of a blank and             emphasize, and landscape screening for less dense residential
        featureless length of a wall.                                                  areas.

4.7.10 Pedestrian entrances shall be well defined and attractive.

                                                                                                                                                          50
4.7.19 The parking structure shall meet all the regulations and standards     4.8.4   Screening landscaping between parking facilities and adjacent
       of this code, the development plan and other design or                         properties shall be predominantly evergreen or drought resistant
       development standards as may be adopted by the planning                        plants.
       authority.
                                                                              4.8.5   Floor-to floor heights shall be designed to be at least 2.5m to
4.7.20 The parking structure’s operation and/or design shall not create               permit different uses in future.
       any traffic safety problems or cause circulation problems on
       public streets.                                                        4.8.6   Visual links shall be provided to the outdoors to provide a sense
                                                                                      of direction.
4.7.21 The number of peak hour vehicle trips, both entering and exiting
       the property shall be less than or equal to the maximum number         4.8.7   Day lighting shall be promoted predominantly near pedestrians’
       of peak hour trips expected from any other use allowed in the                  entrances and exits.
       vicinity. Compliance with this standard shall be assessed based on
       a traffic study prepared under the direction of the Responsible        4.8.8   Security shall be promoted with good lighting throughout and by
       Planning Authority at the expense of the project sponsor.                      eliminating hiding places

4.8     UNDERGROUND PARKING                                                   4.8.9   Bicycle storage, changing facilities and utility services shall be
                                                                                      integrated into the parking strategy.
4.8.1   Underground parking fully below-grade or partially below-grade,
        allows more intense use of street-level and above-grade areas,        4.8.10 The interior design shall be logical, inherently guiding users to
        and shall be encouraged in inner core areas. The following shall             entrances and exits.
        apply in the design of underground parking:
                                                                              4.8.11 Robotic parking devices may be used to allow more cars to be
4.8.2   No portion of the driveway ramp or any subterranean parking                  stored in a given volume in order to reduce circulation areas
        court shall be located within a required front, rear, or side yard.          needed in standard parking lots and allow more efficient use of
                                                                                     space in very small sites.
4.8.3   The driveway ramp and subterranean parking court shall be
        screened from the view from adjoining public and private
        property by garden walls, fences, and landscaping.




                                                                                                                                                     51
4.9     RELAXATIONS OF PARKING REQUIREMENTS                                                  garage or carport opening of 5.5 meters (or 6.1 meters
                                                                                             where bin access is required). The entire garage (external
4.9.1   The Responsible Local Planning Authority may relax or modify the                     dimensions) must not be greater than 50% of the width
        required number of parking spaces in specific land use activities,                   of the dwelling fronting the street where the
        where applicant-submitted parking data, prepared by a qualified                      garage/carport is to be located, or 5.5 meters (or 6.1
        town planner registered in Botswana demonstrates/illustrates that                    meters where bin access is required), whichever is the
        the minimum parking requirements do not accurately apply to a                        lesser. Garages shall not visually dominate the
        specific development. The data submitted for consideration of                        streetscape.
        relaxation or modification of parking requirements shall include at
                                                                              Figure 4.9: Design Garages not to dominate street frontage
        a minimum, the size and type of proposed development, the mix
        of uses; the anticipated rate of parking turnover and the
        anticipated peak parking and traffic loads of all uses.

4.10    GARAGE PLACEMENTS


        i)      Stacked parking (parking in front of an approved
                garage/carport) is acceptable (except for sites on arterial
                roads), provided it is demonstrated that the car can be
                contained in a 5.5 meter space within the property
                boundaries. This area shall not be used for the regular
                storage of non-operational motor vehicles, caravans,
                trailers or the like. Any stacked parking provided must not
                impede access to other dwellings on the site.
        ii)     Garages and carports are to be sited and designed so as
                not to dominate the street frontage.
        iii)    Tandem garage or garage/carport through to
                courtyard/open space combinations shall only be
                permitted where the area required for parking is excluded
                from the minimum private open space requirement.
        iv)     Carports and garages shall be designed to be compatible
                with the dwelling design and have a maximum width of

                                                                              Figure 4.10: Garage Placement In Relation to Width of Building        52
                                                                        viii)   For multiple dwelling houses (Townhouses), dual
   v)      Garages and carports shall be set back or in-line with the           occupancy houses, parking in the case of each dwelling
           main building facade (front) of the dwelling house, and              shall be separately accessible.
           set back not less 5.5 meters to the road frontage. If a      ix)     In the case of a dual occupancy development where a
           garage is proposed that would project forward of the                 rear dwelling is behind a front dwelling (at the street), for
           main front wall of a house it shall be necessary to                  example, with a panhandle plot arrangement, vehicles
           demonstrate that the proposal will contribute to the                 must be able to enter and leave the rear dwelling in a
           creation of an attractive streetscape in which garages               forward direction and, as such, a manoeuvring area shall
           would not be a dominant visual element. In such cases                be provided on site.
           the projection shall be limited to 1.5 meters. (See Figure   x)      Figure 4.12 illustrate street-facing garage placement that
           4.11)                                                                applies to all Detached, Side Yard, Semi-Attached and
                                                                                Duplex housing types. Alternative but equivalent
                                                                                configurations may be permitted by the relevant
Figure 4.11:   Garage Setbacks In Relation to Main Building
                                                                                Authority.
Facades.

                                                                        Figure 4.12: Street Facing Garage Placement in Detached (Side
                                                                        yard) Housing Types




   vi)     Garages shall be not permitted to be converted for
           accommodation /habitation purposes, or used for the
           purpose of any trade, industry or manufacturing process.
   vii)    The size of any garage shall not be more than 20m 2
           (40m2 for a double garage). If greater, any area in excess
           of this shall be considered to be floor space.




                                                                                                                                          53
                                                                                            Exemptions
      4.11       BICYCLE PARKING STANDARDS
                                                                                    4.11.2 This Section does not apply to single-family and two-family
                 Minimum Required Bicycle Parking Spaces                                   housing (attached, detached, or manufactured housing), home
                                                                                           occupations, agriculture and livestock uses.
      4.11.1      Uses shall provide long- and short-term bicycle parking spaces,
                 as designated in Table 4.3 Where two options are provided (e.g.,           Location and Design
                 2 spaces, or 1 per 8 bedrooms), the option resulting in more
                 bicycle parking is used.                                           4.11.3 Bicycle parking shall be no farther from the main building
                                                                                           entrance than the distance to the closest vehicle space, or 10
                   Table 4.3: Minimum Required Bicycle Parking Spaces                      metres, whichever is less. Long-term (i.e., covered) bicycle
                                                                                           parking should be incorporated whenever possible into building
               Table 4.3: Minimum Required Bicycle Parking Spaces
                                                                                           design. Short-term bicycle parking, when allowed within a public
                                                                                           right-of-way, shall be coordinated with the design of street
Use Categories           Specific Uses   Long-term Spaces    Short-term
                                          (covered or               Spaces                 furniture, as applicable.
                                          enclosed)
                                                             (near building
                                                                                            Visibility and Security
                                                                     entry)

Residential Categories
                                                                                    4.11.4 Bicycle parking for customers and visitors of a use shall be visible
                                                                                           from street sidewalks or building entrances, so that it provides
Household Living         Multifamily     1 per 4 units       2, or 1 per 20                sufficient security from theft and damage.
                                                                      units
                                                                                            Options for Storage
Group Living                             2, or 1 per 20      None
                                                  bedrooms                          4.11.5 Long-term bicycle parking requirements for multiple family uses
                                                                                           and employee parking can be met by providing a bicycle storage
                         Dormitory       1 per 8 bedrooms    None
                                                                                           room, bicycle lockers, racks, or other secure storage space inside
                                                                                           or outside of the building;

                                                                                            Lighting




                                                                                                                                                            54
4.11.6 For security, bicycle parking shall be at least as well lit as vehicle
       parking.

        Reserved Areas

4.11.7 Areas set aside for bicycle parking shall be clearly marked and
       reserved for bicycle parking only.

        Hazards
4.11.8 Bicycle parking shall not impede or create a hazard to
       pedestrians. Parking areas shall be located so as to not conflict
       with vision clearance standards.




                                                                                55
5.      ACCESS AND CIRCULATION                                                        Department may require that fire lanes be marked as “No
                                                                                      Stopping/No Parking.”
5.2     ACCESS CONNECTIONS AND DRIVEWAY DESIGN
                                                                              5.4     VERTICAL CLEARANCES
5.2.1   All driveway connections to a public right-of-way (access) and
        driveways shall conform to all of the following design standards:     5.4.1   Driveways, private streets, aisles, turn-around areas and ramps
                                                                                      shall have a minimum vertical clearance of 5 metres for their
        i)     Driveway Width: Each lane shall have a minimum width                   entire length and width.
                of 3meters and shall have an appropriate signage
                designating the drive way.                                    5.5     PEDESTRIAN ACCESS AND CIRCULATION

        ii)    Driveway Approaches: Driveway approaches shall be                      Site Layout and Design
                designed and located to provide exiting vehicles with an
                unobstructed view of other vehicles and pedestrians, and      5.5.1   To ensure safe, direct, and convenient pedestrian circulation, all
                to prevent vehicles from backing into the flow of traffic             developments, except single-family detached housing (i.e., on
                on the public street or causing conflicts with on-site                individual lots), shall provide a continuous pedestrian system. The
                circulation. Construction of driveway accesses along                  pedestrian system shall be based on the standards as below:
                acceleration or deceleration lanes or tapers should be
                avoided due to the potential for vehicular conflicts.                 i)     Continuous Walkway System: The pedestrian walkway
                Driveways shall be located to allow for safe manoeuvring                      system shall extend throughout the development site and
                in and around loading areas.                                                  connect to all future phases of development, and to
                                                                                              existing or planned off-site adjacent trails, public parks,
5.3     FIRE ACCESS AND TURNAROUNDS                                                           and open space areas to the greatest extent practicable.
                                                                                              The developer may also be required to connect or stub
5.3.1   Fire access lanes with turnarounds shall be provided. Except as                       walkway(s) to adjacent streets and to private property
        waived in writing by the Fire Department, a fire equipment access                     with a previously reserved public access easement for this
        drive shall be provided for any portion of an exterior wall of the                    purpose, in accordance with the provisions of Section 4.8,
        first storey of a building that is located more than 50 metres from                   Vehicular Access and Circulation.
        an existing public street or approved fire equipment access drive.            ii)     Safe,   Direct and Convenient: Walkways within
        The drive shall contain unobstructed adequate aisle width 5 -7                        developments shall provide safe, reasonably direct, and
        metres and turn-around area for emergency vehicles. Fire                              convenient connections between primary building
                                                                                              entrances and all adjacent streets, based on the following

                                                                                                                                                      56
       definitions:                                                          Walkway Design and Construction
          Reasonably direct: A route that does not deviate
                                                                     5.5.2   Walkways, including those provided with pedestrian access ways,
           unnecessarily from a straight line or a route that does
                                                                             shall conform to all of the standards shown below:
           not involve a significant amount of out-of-direction
           travel for likely users.
                                                                             i)     Vehicle/Walkway Separation:      Except for crosswalks,
                                                                                    where a walkway abuts a driveway or street, it shall be
          Safe and convenient: Routes that are reasonably
                                                                                    raised 0.2 metres and curbed along the edge of the
           free from hazards and provide a reasonably direct
                                                                                    driveway/street. Alternatively, the decision body may
           route of travel between destinations.
                                                                                    approve a walkway abutting a driveway at the same
                                                                                    grade as the driveway if the walkway is protected from all
          "Primary entrance" for industrial buildings: the
                                                                                    vehicle manoeuvring areas. An example of such
           main public entrance to the building. In the case
                                                                                    protection is a row of decorative metal or concrete
           where no public entrance exists, street connections
                                                                                    bollards designed to withstand a vehicle’s impact, with
           shall be provided to the main employee entrance.
                                                                                    adequate minimum spacing between them to protect
           The front door (i.e., facing the street).
                                                                                    pedestrians.

iii)   Connections Within Development: Connections within
       developments shall be provided as set out below:                      ii)    Crosswalks:     Where walkways cross a parking area,
                                                                                    driveway, or street (“crosswalk”), they shall be clearly
                                                                                    marked with contrasting paving materials ( e.g., light-
          Walkways shall connect all building entrances to one
                                                                                    colour concrete inlay between asphalt), which may be
           another to the extent practicable.
                                                                                    part of a raised/hump crossing area. Painted or thermo-
                                                                                    plastic striping and similar types of non-permanent
          Walkways shall connect all on-site parking areas,
                                                                                    applications may be approved for crosswalks not
           storage areas, recreational facilities and common
                                                                                    exceeding 8 metres in length.
           areas, and shall connect off-site adjacent uses to the
           site to the extent practicable. Topographic or existing
           development constraints may be cause for not
                                                                             iii)   Walkway Width and Surface: Walkway and access way
           making certain walkway connections.
                                                                                    surfaces shall be concrete, asphalt, brick/masonry pavers,
                                                                                    or other durable surface, at least 3 metres wide. Multi-
                                                                                    use paths (i.e., for bicycles and pedestrians) shall be
                                                                                    concrete or asphalt, at least 4 metres wide.

                                                                                                                                           57
iv)   Accessible routes: This shall cater for the handicapped.
      The ends of all raised walkways, where the walkway
      intersects a driveway or street shall provide ramps that
      are accessible, and walkways shall provide direct routes
      to primary building entrances.




                                                                 58
6.     AESTHETICS ENHANCEMENT REGULATIONS                                           landscaping or other means to prevent erosion and to protect the
                                                                                    public health, safety, and welfare. With the owner’s consent, the
6.1    LANDSCAPE CONSERVATION                                                       Responsible Planning Authority may accept a land dedication or
                                                                                    become a party to a conservation easement on private property
i.     Applicability:     All development sites containing Significant              for conservation purposes.
       Vegetation, as defined below, shall comply with the standards of
       this Section. The purpose of this Section is to incorporate            iv.   Construction. All significant vegetation on a site that is not
       significant native vegetation into the landscapes of development             otherwise designated and approved by the Responsible Planning
       and protect such significant native vegetation from destruction.             Authority for removal shall be protected prior to, during, and after
       The use of mature, native vegetation within developments is a                construction in accordance with a limit-of-clearing and grading
       preferred alternative to removal of vegetation and re-planting.              plan approved by the Responsible Planning Authority. The
       Mature landscaping provides summer shade and wind breaks,                    Responsible Planning Authority may limit grading activities and
       controls erosion, and allows for water conservation due to larger            operation of vehicles and heavy equipment in and around
       plants having established root systems.                                      significant vegetation areas to prevent erosion, pollution, or
                                                                                    landslide hazards.
ii.    Significant Vegetation:       “Significant vegetation” means
       individual trees and shrubs within designated Sensitive Lands,         v.    Exemptions. The protection standards in Subsection (iii) and
       [and trees and shrubs not within Sensitive Lands area that have a            “IV above” shall not apply to:
       calliper of 0.2 metres or larger,] except that protection shall not
       be required for plants considered as invasive plant species.                            Dead or Diseased Vegetation. Dead or diseased trees
                                                                                                may be removed through a prior consultation with
iii.   Protection Standards: Significant trees and shrubs identified                            the Responsible Planning Authority.
       as meeting the criteria in Sub Section (ii) above (Significant
       Vegetation, shall be retained to the extent practicable to minimize                     Hazardous Vegetation and Other Emergencies.
       the risk of erosion, landslide, and storm water runoff). Where                           Significant vegetation may be removed without land
       protection is impracticable because it would prevent reasonable                          use approval when the vegetation poses an
       development of public streets, utilities, or land uses permitted by                      immediate threat to life or safety, or the vegetation
       the applicable land use zone, the Responsible Planning Authority                         must be removed for other reasons of emergency
       may allow removal of significant vegetation from the building                            (e.g., falling over road or power line, blocked
       envelope as defined by required plot setbacks. Where other areas                         drainage way, or similar circumstance), as
       must be disturbed to install streets or utilities, the applicant may                     determined by the Responsible Planning Authority or
       be required to restore such areas after construction with                                emergency service provider

                                                                                                                                                     59
                                                                        vi)     Developments shall plan for the mature size of trees and
6.2   LANDSCAPING                                                               major shrubs to avoid interference with windows, decks
                                                                                or lighting.
      General Landscaping Guidelines
                                                                        vii)    Maintain unobstructed visibility to building entrances, key
      i)     A minimum 10% of all development sites shall be soft               architectural features, signage and public spaces. Locate
             landscaped.                                                        plant material in a manner that provides adequate site
                                                                                lines for both motorists and pedestrians.
      ii)    The following locations shall be provided with specific
             landscape treatment:                                       viii)   Landscaping shall be provided at the street line, in order
                                                                                to contribute to the continuity of landscaping between
                   main entrances to buildings                                 adjacent properties.
                   pedestrian and vehicular entrances and exits to a
                    site                                                ix)     Trees and shrubs shall be grouped in order to frame
                   pedestrian activity nodes                                   building elevations and to add visual interest to blank
                   outdoor amenity areas                                       facades and open spaces.
                   intersections of streets and roadways
                   parking lots                                        x)      Landscaping shall be used to soften building elevations,
                                                                                maintain a pedestrian scale and provide definition to
      iii)   Developments shall be required to use landscaping                  public walkways and open spaces.
             designs that include a variety of appropriate trees,
             shrubs, and ground covers.                                 xi)     Landscaping shall be used to screen and buffer parking
                                                                                areas, open storage and other site service elements.
      iv)    The use of local and drought-resistant species shall be
             encouraged, in order to reduce long term maintenance       xii)    Landscaping shall be used for protection from excessive
             requirements and conserve water.                                   summer sun and cold winter winds. Where people
                                                                                congregate, shall be enhanced through landscaping and
      v)     Grass shall be allowed as ground cover in landscaped               tree planting.
             areas, provided it conforms to water conservation
             strategies.                                                xiii)   The use of soft and hard landscape material shall be
                                                                                required to stabilize steep embankments, such as
                                                                                retaining walls, ground cover and trees. ]

                                                                                                                                        60
                                                                            ii)    The perimeter of all off-street parking lots adjacent to a
        xiv)    Planting consisting of trees and shrubs shall be a                 residential zone shall provide a class ‘C’ buffer, meaning
                minimum of 50% coniferous plantings.                               that the buffer shall be between 3-6 metres.


        xv)     All berming and finished grades shall be a maximum          iii)   Refuse collection; refuse compaction and recycling and
                slope of 3:1 for maintenance and landscape purposes.               other similar service areas shall be located on the side or
                                                                                   rear of the building and shall be effectively screened from
        xvi)    Shrubs and trees shall be placed in such a manner that             view of residential properties (does not include upper
                they do not create visual obstructions or provide hiding           residential building). Screening enclosures shall be fully
                places for criminals.                                              enclosed by opaque walls or fences of a minimum height
                                                                                   1.8m with self-closing access doors and shall be
        xvii)   A minimum space of 1,5m shall be provided between                  constructed with such materials as to blend with the
                driveways and garden walls to allow for the growth of the          primary building.
                trunks of trees.
                                                                            iv)    Refuse collection for single family residential shall be
6.3     LANDSCAPING,SCREENING AND BUFFER REQUIREMENTS                              located on the front of the building.


        Applicability
                                                                            v)     All roof, ground and wall mounted mechanical equipment
6.3.1   Parking lots, refuse collection, compaction and recycling areas,           (e.g. air conditioning equipment, compressors and
        shall be landscaped and/or screened as follows:                            elevator equipment) shall be screened from view of
                                                                                   adjacent building and public right-of-way at ground level
        i)      To provide shade in open parking lots and minimise                 of the plot boundary line.
                visibility of paved surfaces, parking lots of 6 or more
                parking spaces shall provide one canopy tree type for       vi)    Roof – mounted mechanical equipment shall be shielded
                every 4 parking spaces or one canopy tree type for every           from view on all sides. Screening shall consist of materials
                2 parking spaces, depending on the arrangement of the              consistent with the primary building materials and painted
                parking spaces. Trees shall evenly be sited so as to               to blend with the primary structure.
                evenly distribute shading throughout the parking lot.
                                                                            vii)   Wall or ground – mounted screening shall be constructed
                                                                                   of planting screens, brick, reinforced concrete or similar
                                                                                   materials.

                                                                                                                                            61
                                                                               6.5     MAINTENANCE OF LANDSCAPING
        viii)   Unless specifically stated, the requirements set forth in
                subsection (iii) shall apply to all zones and landscape                Responsibility
                plans shall be required for approvals by responsible local
                planning authorities.                                          6.5.1   The responsibility for maintenance of landscaped areas shall
                                                                                       remain with the owner, their successors, heirs, assignees or any
6.4     MINIMUM LANDSCAPING STANDARDS                                                  consenting grantee. Maintenance is required in order to ensure
                                                                                       the proper functioning of a landscaped area.
6.4.1   All landscaping plans shall fully meet the following standards;
                                                                               6.6     TRANSITIONAL BUFFER ZONES
        i)      Landscaping shall not hinder the vision of motorists and
                pedestrians necessary for safe movement into, out of,                  General Requirements
                and within the site.
                                                                               6.6.1   Multifamily plots containing more than two dwelling units which
        ii)     Landscaping materials shall be selected and placed in                  abut, or, in the absence of an alley, would abut any single-family
                such a manner that they do not interfere with or damage                zone are required to provide a Transitional Buffer zone.
                existing utilities.
                                                                               6.6.2   If there is a significant naturally occurring visual break between
        iii)    Landscaping materials shall be selected and placed so                  the commercial, industrial, institutional, parking and residential
                that the safe and enjoyable use of surrounding properties              lots, such as a wooded stream, ravine, or an area with extensive
                is not inhibited.                                                      natural vegetation, the need for a transitional buffer zone may
                                                                                       not be necessary.
        iv)     Landscaping shall be selected and placed with sensitivity
                toward the ultimate size that will be achieved over time.              Prohibited Materials

        v)      Landscaping with thorns, berries, and other harmful plant      6.6.3   Any Transitional Buffer Yard shall be maintained as a planted or
                characteristics shall be carefully placed to avoid potential           landscaped area only. Exotic, invasive woody plants must be
                harm to people or property on and off-site.                            removed from the Transitional Buffer Zone. No driveways refuse
                                                                                       containers, storage, and vehicular manoeuvring area, mechanical
                                                                                       equipment, sidewalks, materials other than landscaping, or
                                                                                       structures of any form shall be located within any required
                                                                                       Transitional Buffer Zone.

                                                                                                                                                      62
        Utility Structures

6.6.4   Utility structures may be permitted in a Transitional Buffer Zone     Type 1
        on a case by case basis.                                                 Buildings shall be placed adjacent to street with no parking
                                                                                  between building and street. Sidewalks, trees and lawns shall
6.7     STREETSCAPE                                                               be allowed.

        General Requirements

6.7.1   A clear relationship between the street-space and building owners
        and operators’ own plots shall be maintained at all times.
        Streetscape design shall encourage and facilitate pedestrian
        movements.

6.7.2   Trees and plants shall be an integral part of the streetscape as
        they contribute to reduction of noise and air pollution,
        maintenance of the natural habitat, and conservation of water.
                                                                                             Figure 6.1: Type 1 Streetscape
6.7.3   Streetscape shall also be enhanced through appropriate
        streetlights, traffic signals, vehicle and pedestrian signs, street
                                                                              Type 2
        furniture and utilities.
                                                                                 Buildings shall be placed closer to street, with the parking
        Types of Streetscape                                                      area in-between the street and allowance made for angled
                                                                                  and parallel parking, trees planted in grates and tree lawns.
6.7.4   The following development parameters for strips of land between
        buildings and the street, and including on-site requirements (on
        private property outside of the public right-of-way) and off-site
        requirements (on public property inside of the public right-of-
        way), shall be followed.




                                                                                                                                            63
                      Figure 6.2: Type 2 Streetscape                                        Figure 6.4: Type 4 Streetscape


Type 3

            Parking shall be located adjacent to the street, with allowance
                                                                               Type 5
             for head-in parking, buffer, sidewalk (trees planted in grates)
             and tree lawns.                                                      An open portion of site shall be adjacent to street, with no
                                                                                   building or parking area within 10 metres of the street.
                                                                                   Sidewalks and tree lawns shall be allowed.




                    Figure 6.3: Type 3Streetscape




Type 4
                                                                                               Figure 6.5: Type 5 Streetscape
            Shall be used for mainly residential areas, and shall have with
             sidewalks, and trees planted adjacent to street. In addition,
             trees shall be planted in front yards.

                                                                                                                                                  64
6.8     PUBLIC ART                                                                   that give the impression of additional windows, stone corner
                                                                                     columns and landscape features on a flat surface building. These
6.8.1   Public Art shall be incorporated in various ways into the physical           types of projects foster pride in the residents of neighbourhoods
        elements of neighbourhoods, zones and communities. The                       and add an overall feeling of “richness” to the structures.
        incorporation of public art in urban design shall aim at achieving
        the proper balance of function, usability and aesthetic delight.     6.8.6   Public Art sculptures shall be strategically placed throughout a
        These may include pocket parks, street furnishings, bridges,                 neighbourhood, which may help set it apart from others, resulting
        utility infrastructure, drainage accessories, and public transport           in community pride as well.
        shelters.
                                                                             6.8.7   Large scale development shall integrate public art and design in
6.8.2   Public art shall not be reduced to a few objects placed in the               public infrastructure for improved project integration into the
        middle of badly designed open space; rather it shall be integrated           community.
        into the overall concept of an open space and form part of urban
        life.                                                                6.8.8   Public art, ornamental structures and other special design
                                                                                     features shall be incorporated into the design of plazas, parks,
6.8.3   Public art shall include the following as shown in Table 6.1.                entrance corridors and gateways.

        Table 6.1: Types of Public Art                                       6.8.9   The display of public art shall be required to be coordinated with
 Decorative        Posters/banners     Street               Lighting                 the architecture and street furniture pieces adjoining them.
 signs                                 furniture
 Clocks            Floor works         Wall                 New media        6.8.10 Water features shall be designed for where appropriate.
                                       works/murals
 Exhibitions       Displays            Performances         Railings
 Community         Sculptures          Glasswork and        Decorative
                                                                             6.8.11 Utility boxes may be painted with colourful designs which, not
 projects                              brickwork            stone carving
 Planters          Concourse gates                                                  only aimed at deterring graffiti, but to also brighten up the area.


6.8.4   Different components of public furniture shall be combined to        6.9     STREET TREES
        enhance overall convenience, security and appearance; to
        facilitate maintenance; and to prevent cluttering.                   6.9.1   Street trees shall be planted for all developments that are subject
                                                                                     to Subdivision or Planning Permission Approvals. Planting of
6.8.5   Painting of architectural facades shall be used to add beauty to             street trees shall generally follow construction of curbs and
        simple or plain buildings. These are to be very unique 3-D murals            sidewalks, however, the Responsible Planning Authority may

                                                                                                                                                     65
        defer tree planting until final inspection of completed dwellings to
        avoid damage to trees during construction. The planting and                           Select trees that are well-adapted to the environment,
        maintenance of street trees shall conform to the following                             including soil, wind, sun exposure and temperature
        standards and guidelines and any applicable road authority                             tolerance. Drought-resistant trees should be chosen
        requirements:                                                                          where they suit the specific soil type.

        Guidelines and Standards                                                              Select trees for their seasonal colour if desired.

6.9.2   Growth Characteristics:       Trees shall be selected based on                        Use deciduous trees for summer shade and winter sun,
        climatic conditions, growth characteristics and site conditions,                       unless unsuited to the location due to soil, wind, sun
        including available space, overhead clearance, soil conditions,                        exposure, and annual precipitation.
        exposure, and desired colour and appearance. The following
        should guide tree selection by developers and approval by the                         The diameter of the tree trunk at maturity shall not
        Responsible Planning Authority:                                                        exceed the width and size of the planter strip or tree well.

               Provide a broad canopy where shade is desired, except          6.9.3   Calliper Size:     The minimum diameter or calliper size at
                where limited by available space.                                      planting, as measured 1 meter above grade, shall be 5 cm.

               Use low-growing trees for spaces under low utility wires.      6.9.4   Spacing and Location: Street trees shall be planted within the
                                                                                       street right-of-way within existing and proposed planting strips or
               Select trees which can be “limbed-up” to comply with                   in sidewalk tree wells on streets without planting strips, except
                vision clearance requirements.                                         when utility easements occupy these areas. Street tree spacing
                                                                                       shall be based upon the type of tree(s) selected and the canopy
               Use narrow or “columnar” trees where awnings or other                  size at maturity and, at a minimum, the planting area shall
                building features limit growth, or where greater visibility            contain 1m2. In general, trees shall be spaced no more than 9m
                is desired between buildings and the street.                           apart, except where planting a tree would conflict with existing
                                                                                       trees, retaining walls, utilities and similar physical barriers. All
               Use species with similar growth characteristics on the                 street trees shall be placed outside utility easements.
                same block for design continuity.
                                                                               6.9.5   Soil Preparation, Planting and Care: The developer shall be
               Avoid using trees that are susceptible to insect damage                responsible for planting street trees, including soil preparation,
                and trees that produce excessive seeds or fruit.                       ground cover material, staking, and temporary irrigation for two

                                                                                                                                                        66
         years after planting. [The developer shall also be responsible for        planning authority shall refer the proposal for construction of a
         tree care (pruning, watering, fertilization, and replacement as           boundary wall or fence to adjacent land owners for comment,
         necessary) during the first two years after planting, after which         where necessary;
         the adjacent property owners shall take part in maintaining the
         trees].                                                               iii) Fences and walls shall be constructed in such a manner that the
                                                                                    finished or plastered side shall face the neighbouring property;
6.9.6    Assurances: ALTERNATIVE 1: The developer shall pay a fee to
         the Responsible Planning Authority, in accordance with the            iv) Fence posts shall be on the side of the fence facing away from
         adopted fee schedule, for each required street tree. The fee shall        the neighbouring property;
         cover the Authority’s expense for the first two years of care.
         ALTERNATIVE 2:         The Responsible Planning Authority shall       v) No fence or wall shall be constructed in the front plot line unless
         require the developer to provide a performance and maintenance           it provides openings of equal or greater than 75 percent in area
         bond in an amount determined by the Planning Authority, to               of the vertical surface of the fence or wall to permit visibility, and
         ensure the planting of the tree(s) and care during the first two         transmission of light and air through the vertical surface at a right
         years after planting.]                                                   angle;

6.10     FENCES AND WALLS                                                      vi) Fences and walls shall not be allowed on vacant plots unless the
                                                                                   plot is immediately adjacent to a property occupied by a building
         General Provisions                                                        or buildings and under common ownership (contiguous plot under
                                                                                   single ownership);
6.10.1 The following general provisions shall apply;
                                                                               vii) Front yard fences and walls that are continuous in length shall
    i)   Fences and Walls may be erected upon all property lines provided           have one (1) access opening a minimum of 3m – 4m in width and
         that they conform to the required maximum height limit; are                shall remain unobstructed by any items other than a gate in order
         within the visibility triangle; and the enclosure does not encroach        to form a clear passage to the street. A pedestrian gate shall also
         upon any right-of-way, drainage or utility easements or floodway;          be permitted;
         and does not encroach into the visibility triangle of any drive
         approach;                                                             viii) No fence or wall nor poles supporting a fence or wall shall be
                                                                                     erected outside the property line;
    ii) Fences and boundary walls shall be constructed as of right,
        without neighbour consultations, subject to compliance with            ix) Temporary fences shall be permitted for safety or traffic control
        relevant height restrictions and other requirements. The Local             and may be installed in public right-of-way pursuant to a right-of-

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    way use permit. All provisions and regulations governing the           Open Areas
    erection, maintenance, height, location and relocation of fences
    shall govern temporary fences. A temporary fence shall not be             xiv) Fences and walls shall not be permitted in floodway areas as
    permitted for a period of time longer than one year;                           designated on the DWA’s flood plan and floodway maps;

x) Fences, walls, and hedges which existed prior to the adoption of           xv) Fences and walls may be located across drainage swales provided
   this code that exceed the prescribed height or access opening                  they are a minimum of 20 cm above grade, with the exception of
   requirements and pose a public safety hazard as to ingress and                 upright posts or bars. No permit for any fence shall be issued if
   egress shall be required to comply with the foregoing provisions;              the construction or location of said fence or wall does not
                                                                                  conform to the above, as it would create an unreasonable
xi) Any fence which is, or has become dangerous to public safety,                 obstruction to the natural flow of water within any drainage
    health or welfare, is considered a public nuisance and the owner              easement.
    shall be required to abate the nuisance.
                                                                              xvi) Satisfactory arrangements shall be made where necessary for the
    Standards and Regulations for Residential Land Use                             disposal of surface and seepage drainage to an approved disposal
                                                                                   system.
xii) A fence or solid wall not exceeding 1.25m in height may be
     erected on any plot boundary. This may be extended in height to
     1.8m on a side or rear plot boundary, provided that it is
     perforated above its 1.25m height. The front plot boundary wall
     shall have a solid wall base of at least 1/3 the height of the view
     fence which shall be of a maximum height of 1.25m.

    Sports and Recreation

xiii) Tennis courts shall be enclosed on all open sides by an open
      chain link fence, of between 3m and 4.5m above the existing
      ground grade.




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                                                                                            Night clubs, Bars and Bottle stores and industrial use
7.      NOISE, EMMISSIONS, ODOURS AND DEBRIS                                                 activities that would result in loss of amenity to that area
                                                                                             through noise, smoke, rubbish, odours, light, shadow,
7.1     NOISE                                                                                gases or temperature changes. Night clubs where ever
                                                                                             located shall provide adequate acoustics.
        Method of Measurement of Noise Level
                                                                             7.1.5   Where barriers, structures and buffers are used to meet noise
7.1.1   Noise level measurements at any particular use activity shall be             reduction, they shall be certified by a qualified acoustic engineer
        taken by a Relevant Local Authority which shall employ sound                 as meeting the specified standards for the use activities.
        level metres and octave band filters in measurements used in the
        enforcement of these regulations.                                    7.1.6   The following are exempt from the standards provided in this
                                                                                     chapter:
        Maximum Noise Levels Within Specific Use Zones                               i)      Noises emanating from construction activities between
                                                                                             the hours of 7.00 am to 6.00 pm that are temporary in
7.1.2   No use shall exceed the noise level indicated in Table 7.1,                          nature.
        measured at any plot boundary line.                                          ii)     Transient noise from moving vehicles, such as cars, and
                                                                                             trucks or trains.
        Table 7.1: Maximum Noise Levels
         Land Use Zone                           Max. dBA      Max. dBA      7.2     ODOROUS MATERIALS
                                                from 7 AM      from 10
                                                 to 10 PM      PM to 7       7.2.1   Objectionable odours that are noticeable at any point beyond     the
                                                                  AM                 property line are prohibited. If it appears that there is         an
         Residential Use or Zones permitting         55           45                 objectionable odour emission the local authority shall take      the
         Residential Uses                                                            appropriate measures as it deems fit against the offence and     the
                                                                                     provisions of the relevant legislation shall apply.
7.1.3   The most restrictive standards shall apply where different uses
        adjoin the subject use activity. The standard shall also be met on   7.3     DUST AND DEBRIS
        abutting use activities.
                                                                                     Best management practices
7.1.4   The following use activities shall not be located in residential     7.3.1   BMPs include, but are not limited to, covering stored materials,
        zones and zones permitting residential uses:                                 wetting or otherwise stabilizing the material, paving, sodding,

                                                                                                                                                       69
        sweeping or vacuuming the materials, wind breaks or silt fences,
        filters, or other trapping mechanisms. Depending on the nature of
        the use or construction, appropriate BMPs may be promulgated
        by the Department of Environmental Affairs.

        Construction activities

7.3.2   Construction activities shall be conducted using BMPs that avoid
        the deposit of dust and debris on adjoining property and public
        streets. Clean up of deposited material shall be the responsibility
        of the generator. If the planning authority must do the clean up
        because of failure of the generator to take corrective action, the
        planning authority may shut down the construction until the dust
        and debris is cleared and cleanup expenses paid.

7.3.3   All construction debris, including but not limited to cement waste,
        shall be removed from the property and disposed of at an
        authorised facility upon completion of construction.




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                                                                             vi)     Emergency lighting: In addition to the normal lighting
8.      SAFETY                                                                       arrangements, emergency lighting must be provided as
                                                                                     determined by the fire safety representative. The
                                                                                     emergency lighting supply should come from a source of
8.1     FIRE SAFETY WORKS TO COMPLY WITH THE
                                                                                     electricity independent of normal lighting to provide
        REGULATIONS UNDER THIS SECTION
                                                                                     lighting to Exits signs located around the venue for
                                                                                     directional purposes and located above the final exit
8.1.1   All fire safety works shall be designed, installed, tested,
                                                                                     doors. Emergency lighting to give sufficient light for at
        inspected, operated and maintained in accordance with the
                                                                                     least 60 minutes. All parts of the venue to which people
        Regulations of this chapter, and any instructions that may be
                                                                                     have access should be provided with normal and
        issued by Fire Department.
                                                                                     emergency lighting capable of giving sufficient light for
                                                                                     people to leave safely as determined by the risk
8.2     FIRE SAFETY REQUIREMENTS FOR ALL EVENTS
                                                                                     assessment.
                                                                             vii)    Manually activated audible alarm systems to be in
8.2.1   The following shall be minimum requirements:
                                                                                     accordance with S.A.B.S 0139.
        i)       A clearly marked and unobstructed access for emergency
                                                                             viii)   Electrical certificate of all electrical work completed, to be
                 vehicles.
                                                                                     handed to Fire Safety Official for the event; temporary
        ii)      Parking areas for private vehicles must be addressed to
                                                                                     and permanent installation.
                 minimise risk of fire spread.
                                                                             ix)     Electrical cabling to be covered with an approved ducting
        iii)     A minimum of two escape points to evacuate premises to
                                                                                     method or below ground level. Overhead cabling to be at
                 a safe area for people present.
                                                                                     least 2.1m high
        iv)      Escape doors and all exits must be clearly indicated with
                                                                             x)      Structural engineer to certify all structures including
                 photo luminescent signage and doors to have approved
                                                                                     marquees, stages, stands, grandstands, screens, and
                 locking devices (as approved by the Local Authority).
                                                                                     suspended lights or sound equipment.
                 Escape routes to be unobstructed at all times. People
                                                                             xi)      All combustible wood and additional material to be used
                 should be able to walk safely along, clearly recognisable
                                                                                     for décor such as draping, curtains, partitions, floor, wall
                 routes, by own unaided effort. Doors to open in direction
                                                                                     or roof coverings where required, to be treated with a
                 of travel and maintained in satisfactory condition.
                                                                                     flame retardant. A certificate of proof to be presented to
        v)       Fire equipment to be clearly indicated, mounted and
                                                                                     the Fire Safety Official.
                 serviced annually. A 1m² clearance to be kept around fire
                                                                             xii)    Curtains across exit doors should be arranged so as not
                 equipment and to be accessible at all times. All fire
                                                                                     to trail on the floor, they should be open from the centre
                 equipment to conform to SABS standards.


                                                                                                                                                71
         and will only be permitted where stewards are present at
         all times.
xiii)    The local authority "Fire Safety" may limit the amount of
         coverings used for décor and prohibit the use in certain
         locations or insist on additional fire protection measures.
xiv)     Sprinkler Systems: The performance of sprinkler systems
         may not be impeded in anyway. At any event where such
         building is sprinkle protected and a temporary roof
         structure is erected inside the existing building, the roof
         area may not exceed 2m2. Where the roof exceeds this
         amount, under roof protection to be supplied.
xv)      Shows and exhibitions: Aisle width to be at least 3m and
         no trading to take place in aisle space.
xvi)     Braai areas: These should be demarcated and so
         positioned to limit smoke travel and fire risk.
xvii)    Special effects and Pyrotechnics: Written application with
         a site plan to be submitted to the Local Authority “Fire
         Safety".
xviii)   If barriers or collapsible fencing is used, the Fire Safety
         Official shall be consulted as to the requirements.
xix)     No manufacturing and storage of explosives and toxic
         chemicals shall take place in residential land use.




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                                                                              9.2.3   Waste bin for single family dwelling units shall be stored within an
9.      REFUSE STORAGE AND DISPOSAL                                                   enclosed structure and screened from the public right-of-way
                                                                                      behind a fence.

9.1     RESPONSIBILITY FOR THE STORAGE, COLLECTION AND                        9.2.4   It shall be the responsibility of owners of premises to prepare
        DISPOSAL OF REFUSE/SOLID WASTE                                                generated solid waste for collections on scheduled collection days
                                                                                      as follows:
9.1.1   It shall be the responsibility of owners of residential premises to
        store generated refuse/solid waste in an environmentally sound                       Generated refuse shall be placed in plastic refuse bags,
        manner prior to collection for eventual disposal.                                     which shall be collected with their contents, and placed
                                                                                              between the edge of the road reserve and the plot
9.1.2   It shall be the responsibility of the responsible local planning                      boundary line on the morning of the scheduled collection
        authority to collect and dispose off refuse on a reasonably regular                   day by the responsible planning authority or the
        basis. All or part of this responsibility may be outsourced by the                    contractor to whom the service has been outsourced. The
        responsible local planning authority to a private contractor. All                     placement location for each owner’s refuse shall be
        disposals of refuse/solid waste shall be at designated disposal                       limited to the street frontage abutting the owner’s
        facilities and sanitary landfills.                                                    property.

                                                                                             Where containers are used, they shall not be left on the
9.2     METHODS OF STORAGE OF REFUSE/SOLID WASTE                                              street after the day of collection.

9.2.1   Single residential use shall have a waste/refuse bin on the
        premises and located to the plot frontage for easy collection. The
        bin should be secure against scattering of waste.

9.2.2   Multifamily residential shall have a waste/refuse bin on the
        premises and should be located to the rear of the plot and clearly
        accessible. The bin shall be screened from view on at least three
        sides by a solid wall 1.8m in height and on the fourth side by a
        solid gate. Refuse enclosures shall have a roof.




                                                                                                                                                       73
                                                                                      Protected Trees

10.    NATURAL RESOURCES PROTECTION                                           10.1.2 The following trees shall be classified as trees for protection, and
                                                                                     shall be preserved and maintained in accordance with the
                                                                                     provisions of this section:
10.1   TREE PROTECTION
                                                                              10.1.3 Champion Trees: The largest tree of any given species in a given
       Tree Preservation Required                                                    settlement shall be designated by the relevant Government
                                                                                     agency as a benchmark champion tree if it is in good physical and
10.1.1 Tree preservation is required for the perimeter of a development
                                                                                     structural health. The measurement shall be the tree’s diameter
       site. For the preservation of trees, the following standards and
                                                                                     at breast height (DBH). Any tree within a given settlement with a
       regulations shall apply:
                                                                                     diameter at breast height of at least 80% of the benchmark
       i)      Along public rights-of-way of any       proposed residential          champion tree of the same species shall also be designated a
               zone or the residential portion of     a proposed planned             champion tree.
               development, a 15-metre buffer         of naturally existing
               vegetation shall be maintained,         exclusive of areas     10.1.4 Heritage Trees: These are trees designated as such by the
               required for access to the plot/site
                                                                                     relevant Government agency because of one or more of the
       ii)     Development shall be designed such that existing trees                following reasons:
               on site are preserved whenever practicable.
                                                                                                 The tree is an outstanding specimen of a desirable
       iii)    In the preparation of a site for development, where there                          species;
               are a significant number of trees, there shall be no
               indiscriminate cutting/felling of trees. Trees shall be
                                                                                                 The tree is one of the largest or oldest trees in the
               removed only if:
                                                                                                  settlement;
                  They are a prohibited species
                  They are unhealthy or structurally unsound                                    The tree possesses a distinctive form, size, age or
                  They are within 3 meters of an approved building                               location;
                   foot print
                  They are within 1.5 meters of a utility easement and                          The tree has historical significance
                   would interfere with the use as the easement.
                                                                              10.2    TREE REMOVAL AND REPLACEMENT STANDARDS

                                                                              10.2.1 Protected trees shall not be removed, damaged or destroyed
                                                                                     unless a tree removal permit is issued by the relevant

                                                                                                                                                          74
       Government agency. Trees that are not protected as provided
       under “Protected Trees” may be removed, subject to limitations             iii)    The protected tree must be removed as a safety measure
                                                                                          because it is in danger of falling;
       provided in Subsection (iii) above, Tree Preservation
       Requirements, upon issuance of a building permit.                          iv)     The protected tree threatens to damage property;

10.2.2 A tree removal permit may be issued for the removal of protected           v)      The protected tree is dead.
       trees for development of a site if it is demonstrated that:
                                                                           10.3   TREE PROTECTION MEASURES DURING CONSTRUCTION
       i)      No reasonable alternative site design at the same density
               and intensity could be approved that:
                                                                           10.3.1 All trees on public or private property that are designated for
                  Would preserve all of the protected trees;                     preservation shall be protected during the development of the site
                  Would preserve the largest of the protected trees; or          by a barrier or temporary fencing at least 1 meter high that
                  Would preserve a greater number of protected trees.            designates the enclosed area as a tree protection zone. This
                                                                                  enclosure shall extend to the drip line of the protected tree,
       ii)     Relocation of the protected trees to another location on-          except where such trees extend into an area to be graded, in
               site or within the settlement is not practically or
               economically feasible;                                             which case the protection shall be no less than 3metres beyond
                                                                                  the trunk of the protected tree. Neither construction materials,
       iii)    The relevant Government agency may order the removal               waste materials, nor any form of debris shall be deposited, nor
               of a Protected/Heritage tree in a case where it is                 shall any equipment or vehicles be allowed within the protection
               established that an emergency situation exists that would
               cause the Protected/Heritage tree to become a public               zone. In addition, no impervious paving shall be placed within the
               danger.                                                            critical root zone of any protected tree.

       iv)     Where permission has been granted for the removal of a
               tree, its replacement shall be encouraged.

       Removal with Replacement

10.2.3 A protected tree may be removed with replacement only in the
       following circumstances:

       i)      The protected tree is damaged by natural causes beyond
               the point of recovery;

       ii)     The protected tree is diseased beyond the point of
               recovery;

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