Ontario Planning and Development Act, 1994
Loi de 1994 sur la planification et l’aménagement du territoire de l’Ontario

ONTARIO REGULATION 482/73

formerly under The Parkway Belt Planning and Development Act, 1973
formerly under The Parkway Belt Planning and Development Act
formerly under Parkway Belt Planning and Development Act

County of Halton (now The RegionalMunicipality of Halton), City of Burlington

Historical version for theperiod August 29, 2014 to January 5, 2015.

Note: This Regulation was consolidated under subsection 99 (3) of the Legislation Act, 2006 on November 24, 2010.

Last amendment: O. Reg. 173/14.

This Regulation is made in English only.

CONTENTS

Sections
Interpretation / 1
Application / 2
General / 3
Permitted Uses / 4-7
Building Line / 8-9
Rebuilding and Repairs / 10
Building to Front on Street / 11
Home Occupation / 12-13
Site Specific Requirements / 14-162
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 8
Schedule 9
Schedule 10
Schedule 11
Schedule 12
Schedule 13
Schedule 14
Schedule 15
Schedule 19
Schedule 20
Schedule 21
Schedule 22
Schedule 23
Schedule 25
Schedule 26
Schedule 27
Schedule 28
Schedule 29
Schedule 30
Schedule 31
Schedule 32
Schedule 33
Schedule 34
Schedule 35
Schedule 36
Schedule 37
Schedule 39
Schedule 41
Schedule 42
Schedule 43
Schedule 45
Schedule 47
Schedule 48
Schedule 49
Schedule 50
Schedule 51
Schedule 52
Schedule 53
Schedule 54
Schedule 55
Schedule 56
Schedule 57
Schedule 58
Schedule 59
Schedule 61
Schedule 62
Schedule 63
Schedule 64
Schedule 65
Schedule 66
Schedule 67
Schedule 68
Schedule 70
Schedule 71
Schedule 73
Schedule 74
Schedule 75
Schedule 76
Schedule 77
Schedule 78
Schedule 79
Schedule 80
Schedule 82
Schedule 83
Schedule 84
Schedule 85
Schedule 86
Schedule 87
Schedule 88
Schedule 89
Schedule 91
Schedule 92
Schedule 93
Schedule 94
Schedule 95
Schedule 96
Schedule 97
Schedule 99

Interpretation

1.In this Regulation,

“accessory”, when used to describe a use, building or structure, means a use, building or structure normally incidental or subordinate to the principal use, building or structure located on the same lot;

“agricultural use” includes a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping;

“commercial use” means the use of land, buildings or structures for the purpose of buying and selling commodities or supplying services;

“dwelling” means one or more habitable rooms designed for use by, and occupied by not more than one family and in which separate kitchen and sanitary facilities are provided for the exclusive use of such family, with a private entrance from outside the building or from a common hallway or stairway inside the building;

“family” means,

(a)a person,

(b)two or more persons interrelated by bonds of consanguinity, legal adoption or marriage, or

(c)not more than five persons not related by bonds of consanguinity, legal adoption or marriage, living as a single housekeeping unit in one dwelling;

“floor area” means the total area of all floors contained within the outside walls of a building, excluding in the case of a single-family dwelling, the floor area of a private garage, porch, veranda, unfinished attic, basement or cellar;

“frontage” means the width of a lot measuring along a line twenty-five feet back from the street and parallel to the lot line abutting the street;

“front yard” means a yard extending across the full width of a lot on which a building is situate, and extending from the front lot line to the main wall of the building for which such front yard is required that is nearest to the front lot line;

“home occupation” means any occupation for gain or support conducted entirely within a single-family or semi-detached dwelling by one or more members of the family residing in the dwelling, provided that,

(a)there is no external display or advertising other than a sign having a total display area not exceeding two square feet,

(b)there is no external storage of goods or materials, and not more than 25 per cent of the total floor area is used for the home occupation use, and

(c)there are no persons employed in the dwelling except,

(A)the members of the family residing in the dwelling, or

(B)in the case of a dentist, physician or veterinarian, a staff of one person;

“institutional use” means the use of land, buildings or structures for a medical clinic, a dental clinic, a medical and dental clinic, a school, a day care centre, a home for the aged, a social and fraternity club, a library, a museum, an art gallery, an institute for the disabled, a crisis relief centre, a family planning centre or for the activities of the Children’s Aid Society;

“lot” means a parcel of land, described in a deed or other document legally capable of conveying title to or interest in land, or shown as a lot or block on a registered plan of subdivision;

“rear yard” means a yard extending across the full width of a lot on which a building is situate, and extending from the rear lot line to the main wall of the building for which such rear yard is required that is nearest to the rear lot line;

“side yard” means a yard extending from the front yard to the rear yard and from the side lot line to the main wall of the building for which such side yard is required that is nearest to the side lot line;

“single-family dwelling” means a separate building containing only one dwelling;

“split level dwelling” means one dwelling unit with three or more storeys, each having a different elevation, providing that the difference in elevation of each succeeding floor is not greater than 2.2 metres and not less than 90 centimetres;

“storey” means the portion of a building other than a cellar, basement or attic included between any floor level and the floor, ceiling or roof next above it;

“storey-first” means the storey closest to finished grade having its ceiling 1.8 metres or more above average finished grade adjacent to the exterior walls of the building;

“storey-half” means that portion of a single-family dwelling situated within the roof and having its floor level not lower than 1.2 metres below the line where roof and outer wall meet, and in which there is sufficient space to provide a height between finished floor and finished ceiling of at least 2.2 metres providing the area of such floor is not less than 50 per cent of the area of the floor next below;

“street” means a public highway that is the principal means of access to abutting lots that is under the jurisdiction of the Province of Ontario or a municipality including a regional municipality, or is a road within a registered plan of subdivision or is a road the maintenance of which has been assumed by the municipality;

“yard” means a space open from the ground to the sky on a lot on which a building is situate which space is unoccupied except for such accessory buildings as are permitted in this Regulation. O.Reg. 482/73, s.1; O.Reg. 605/81, s.1; O.Reg. 724/81, s.1; O.Reg. 28/86, s.1.

Application

2.(1)In this section,

“designated lands” means any land designated on a map as a Public Use Area or as Complementary Use Area and includes the lands designated by the following symbol

notwithstanding that such lands are not within a Public Use Area or a Complementary Use Area;

“map” means a map that is included in The Parkway Belt West Plan that was approved by the Lieutenant Governor by Order-in-Council 2188/78 on the 19th day of July, 1978. O.Reg. 724/81, s.2.

(2)This Regulation applies to the following lands:

1.Those lands formerly in the Town of Burlington in the County of Halton now in the City of Burlington in The Regional Municipality of Halton, being the designated lands shown on Map 2 described as follows:

i.Lots 1 to 3 inclusive and Lots 13 to 22 inclusive, in Concession I, south of Dundas Street, excepting the following:

A.That part of Lot 20 being that part of Lot 16 on a Plan registered in the Land Registry Office for the Registry Division of Halton (No. 20) as Number 509, and described as follows:

Commencing at the most southerly angle of Lot 16;

Thence north 45° 10' 10" west along the southwesterly limit of Lot 16, 22.88 metres to a point;

Thence continuing along the aforementioned limit north 44° 56' 30" west a distance of 23.24 metres to a point;

Thence north 41° 16' 20" east a distance of 43.70 metres to a point in the northeasterly limit of Lot 16;

Thence south 45° 32' 30" east along the said northeasterly limit of the lot, 45.24 metres to the most easterly angle of Lot 16;

Thence south 40° 09' 50" west along the southeasterly limit of Lot 16 a distance of 44.15 metres to the point of commencement.

B.That part of Lot 20 being that part of Lot 15 on the said Plan 509, and described as follows:

Commencing at the most southerly angle of the said Lot 15;

Thence north 44° 57' west along the southwesterly limit of Lot 15, 24.40 metres to a point in said limit;

Thence north 41° 16' 20" east 45.63 metres to a point in the northeasterly limit of Lot 15;

Thence south 44°56' 30" east along said northeasterly limit 23.24 metres to the most easterly angle of Lot 15;

Thence south 39° 49' west along the southeasterly limit of Lot 15, 45.72 metres to the point of commencement.

C.Those parts of Lots 20, 21 and 22 described as Parts 1 to 7 inclusive on a Plan deposited in the said Land Registry Office as Number 20R-7754.

D.Those parts of Lot 16 described as firstly, Part 1 on the plan deposited in the Land Registry Office for the Registry Division of Halton (No. 20) as Number 20R-230, secondly, Part 1 on a plan deposited in the said Land Registry Office as Number 20R-3486 and thirdly, as follows:

Premising the bearings herein are astronomic and are referred to the southeasterly limit of the King’s Highway Number 5 as shown on a Plan deposited in the said Land Registry Office of Number D. H. R. 70, as being north 40° 21' 30" east and all bearings herein are referred thereto:

Beginning at the most westerly angle of Lot 16;

Thence north 39° 29' 30" east along the northwesterly limit of Lot 16, as shown on Department of Highways Plan deposited in the said Land Registry Office as Number D. H. O. 445, 443.19 feet;

Thence south 44° 36' east, 17.09 feet;

Thence south 44° 30' 30" east, 52.31 feet to an ion bar at the most southerly angle of Part 3 on Plan D. H. R. 70, being the point of commencement;

Thence south 44° 31' east, 314.46 feet to an iron bar;

Thence north 48° 36' east along a post and a wire fence, 114.11 feet to an iron bar;

Thence north 44° 42' 30" west, 327 feet to an iron bar;

Thence south 40° 21' 30" west along the southerly boundary of Part 3 on Plan D. H. R. 70, 116.33 feet more or less to the point of commencement.

E.That part of Lot 3 in Concession 1, South of Dundas Street being the following lands filed in the Land Registry Office for the Land Titles Division of Halton (No. 20):

Block 38 on Plan 20M-822 identified as Property Identifier Number 07184-2197 (LT);

Part of Lot 3 in Concession 1, South of Dundas Street identified as Property Identifier Number 07184-0020 (LT);

Part of Lot 3 in Concession 1, South of Dundas Street identified as Property Identifier Number 07184-0021 (LT);

Part of Lot 3 in Concession 1, South of Dundas Street identified as Property Identifier Number 07184-0022 (LT).

ii.Lots 14, 15 and 20 in Concession I, north of Dundas Street.

iii.Lots 23 and 24 in concessions II and III, south of Dundas street.

iv.Lots 1 to 14, inclusive, in Concession I, East Flamborough, excepting the following:

A.Those parts of Lot 13 more particularly described as Lots 115 and 116 on a Plan registered in the Land Registry Office for the Registry Division of Halton (No. 20) as Number 648 and Part 1 on a Reference Plan deposited in the Land Registry Office for the Registry Division of Halton (No. 20) as Number 20R-3828.

B.Those parts of Lots 13 and 14 more particularly described as Lots 112, 113, 114 and part of Lots 108, 109, 110 and 111 as shown on Plan of Survey known as Plandome and registered in the Land Registry Office for the Registry Division of Halton (No. 20) as Number 648, more particularly described as follows:

Commencing at the most eastern angle of said Lot 114 which angle is marked by a cross-cut in the concrete pavement;

Thence north 45° 45' west along the northeastern limit of Lot 114, 32 feet 10 3/4 inches to the place of beginning of a curve;

Thence continuing on a curve to the left having a radius of 257.33 feet an arc distance of 109 feet 7 1/2 inches more or less to a concrete monument now buried marking the end of the said curve, chord distance 108.81 feet a bearing of north 72° 24' west;

Thence north 70° 12' west continuing along the northeastern limit of the said lots, 56 feet 10 inches to a point marked by a cross-cut in the concrete pavement;

Thence south 24° 14' west 210 feet more or less to a stake planted in the top edge of the bank marking the most southern limit of the said Lot 108;

Thence northeasterly following the top edge of the bank forming the southwestern limit of Lots 108, 113 and 114, 120 feet more or less to a stake planted at the most southern angle of said Lot 114;

Thence north 45° 30' east along the southeastern limit of said Lot 114, 228 feet more or less to the place of beginning.

C.That part of Lot 13 being composed of parts of Lots 103, 106, 107, 108, 109, 110 and 111 and part of Midwood Crescent, now closed by Judge’s order No. 12471, all as shown on Plan of Survey known as Plandome registered in the Land Registry Office for the Registry Division of Halton as Number 648 and described as follows:

Commencing at a point in the southwestern limit of York Boulevard, said point being marked by a cross cut in the pavement and being arrived at as follows:

Beginning at the most eastern angle of Lot Number 114 as shown on the aforesaid registered Plan Number 648;

Thence north 45° 45' west along the northeastern limit of Lot Number 114, 32 feet 10 3/4 inches to the beginning of a curve;

Thence continuing on a curve to the left having a radius of 257.33 feet an arc distance of 109 feet 7 1/2 inches more or less to a concrete monument now buried marking the end of the aforesaid curve;

Thence north 70° 12' west continuing along the northeastern limit of the aforesaid Lots Number 111 and 110, 56 feet 10 inches to the point of commencement of the herein described parcel of land;

Thence north 70° 12' west along the southwestern limit of York Boulevard, 163 feet 11 inches more or less to a point marked by a cross-cut in the concrete which is distant 14 feet 4 inches measured on a course of south 70° 12' east along the southwestern limit of York Boulevard from the northeastern angle of Lot Number 102 as shown on the aforesaid registered Plan Number 648;

Thence south 19° 48' west parallel with the eastern limit of Lot Number 102, 147 feet 8 inches to a stake planted;

Thence south 11° 56' east 115 feet 5 inches more or less to a stake planted at the top edge of a slope which marks the southern limit of Lot Number 106 aforesaid;

Thence in an easterly direction following the top of the slope marking the southern limit of Lots Number 106 and 107, 100 feet more or less to a point of intersection with a line drawn on a course of south 24° 14' west from the point of commencement of the herein described parcel of land;

Thence north 24° 14' east along the last mentioned line 210 feet more or less to the point of commencement.

D.Those parts of Lots 7 and 8 and part of the closed road allowance between those lots more particularly described as follows:

Premising that the bearings used herein are referred to the northwestern limit of the King’s Highway Number 403, on a course of north 45° 12' east according to deposited Plan Number 464 Miscellaneous;

Commencing at a concrete monument planted in the northwestern limit of the King’s Highway Number 403 shown on a Plan of survey prepared by The Department of Highways, Ontario, deposited in the Land Registry Office for the Registry Division of Wentworth, as Number 464 Miscellaneous, where it is intersected by the southwestern limit of the allowance for road between Lot numbers 7 and 8 according to Municipal Survey Number 806, established by MacKay & MacKay, Ontario Land Surveyors, under instructions of the Crown Lands Department of the Province of Ontario, dated October 27, 1939 and confirmed June 11, 1940;

Thence south 45° 12' west along the northwestern limit of the King’s Highway Number 403 323.35 feet to a point marked by a spike driven into a pavement;

Thence north 68° 38' west 117.08 feet to an iron bar planted;

Thence south 76° 50' west 102.87 feet to an iron bar planted;

Thence south 57° 16' west 142.92 feet to an iron bar planted;

Thence south 38° 27' west 69.71 feet to an iron bar planted;

Thence south 57° 19' west 116.21 feet to an iron bar planted;

Thence north 57° 46' 30" west 61.18 feet to an iron bar planted;

Thence south 46° 25' 30" west 245.37 feet more or less to an iron bar planted in the northeastern limit of Lot Number 6 according to a subdivision known as Hidden Valley Survey, the plan thereof registered in the Land Registry Office for the Registry Division of Wentworth as Number 701;

Thence along the northeastern limit of the Hidden Valley Survey the following courses and distances, namely: north 42° 15' 30" west 44.84 feet to an iron bar planted; north 70° 28' 30" west 487.84 feet to an iron pipe planted; north 42° 32' 30" west 69.50 feet to an iron pipe planted; north 61° 41' 30" west 100.25 feet to an iron pipe planted; north 76° 26' 30" west 143.08 feet to an iron pipe planted; south 87° 38' west 21.50 feet to an iron pipe planted and north 82° 19' 30" west 40.08 feet to an iron pipe planted in the line of a present existing fence marking the northwestern limit of the herein described parcel of land;

Thence north 43° 56' east along the last mentioned present existing fence 1,522.30 feet to an iron bar planted in the line of another present existing fence;

Thence south 43° 30' east along the last mentioned present existing fence 136.34 feet to an iron bar planted;

Thence north 40° 45' east 169.17 feet to an iron bar planted in the northeastern top edge of a ravine;

Thence following the said edge of the ravine the following courses and distances, namely: south 24° 42' east 169.29 feet to an iron bar planted; south 29° 24' east 110.67 feet to an iron bar planted; south 38° 8' east 115.87 feet to an iron bar planted; south 47° 13' east 134.75 feet to an iron bar planted; south 77° 42' east 166.50 feet to an iron bar planted and south 48° 24' east 132.33 feet more or less to an iron bar planted in a line drawn on a course of north 44° 56' 30" west from an iron bar planted in the aforesaid limit of the King’s Highway Number 403 distant 299.74 feet measured northeasterly thereon from the point of commencement;

Thence south 44° 56' 30" east along the line so drawn 212.79 feet to the iron bar planted in the aforesaid limit of the King’s Highway Number 403;

Thence south 45° 12' west along the aforesaid limit of the King’s Highway Number 403, 167.85 feet more or less to an iron bar planted distant 131.89 feet measured northeasterly along the aforesaid limit of the King’s Highway Number 403 from the point of commencement;

Thence along the southwestern top edge of the aforesaid ravine the following courses and distances, namely: north 45° 51' west 172 feet to an iron bar planted; north 43° 45' west 55.69 feet to an iron bar planted; north 87° 16' west 29.73 feet to an iron bar planted; north 46° 23' west 28.08 feet to an iron bar planted; north 73° 53' west 105.71 feet to an iron bar planted and south 88° 34' west 53.44 feet to an iron bar planted;