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Chapter 150 Specific Use Regulations
150.7 Garden Suites
| (1) | Application of this Section |
| The regulations of Section 150.7 apply to garden suites. [ By-law: 101-2022 ]
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| (2) | Definition of Lawful |
| For the purposes of Chapter 150.7, the words lawful and lawfully highlighted in bold type, in addition to the definitions provided in Zoning By-law 569-2013, Chapter 800 Definitions, includes existing or authorized on or before February 3, 2022. [ By-law: 101-2022 ]
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| (1) | Garden Suite - Permitted Uses |
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| (A) | Despite regulation 10.5.60.1(2), an ancillary building may be used for living accommodation in one garden suite.
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| (B) | Despite regulation 10.5.60.1(3), an ancillary building may have both food preparation facilities and sanitary facilities in a garden suite.
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| (C) | Despite regulation 10.5.60.1(4), above-ground parts of an ancillary building containing a garden suite may be erected prior to the erection of the main walls and completion of the roof of a residential building on the same lot.
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| (D) | Despite regulation 150.5.60.1(1), a home occupation is permitted in a garden suite if the garden suite is exclusively and separately occupied as a principal residence, applying the regulations of Section 150.5 as if it is a dwelling unit; and
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| (E) | Despite regulation 150.13.20.1(1), a short-term rental is permitted in an ancillary building if it is in a garden suite that is exclusively and separately occupied as a principal residence. [ By-law: 101-2022 ]
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| (2) | Garden Suite - Use Restriction |
| A maximum of one ancillary building containing either a garden suite or a laneway suite is permitted on a lot. A lot may not contain both a garden suite and a laneway suite. [ By-law: 101-2022 ]
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| (1) | Landscaping Requirements for a Garden Suite |
| Despite regulation 10.5.50.10(3), for a lot with a residential building and an ancillary building containing a garden suite:
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| (A) | with a lot frontage of greater than 6.0 metres, a minimum of 50 percent of the area:
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| (i) | between all rear main walls of the residential building on the lot and the rear lot line, and
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| (ii) | extending parallel to the rear lot line across the full width of the lot from the point where the rear main wall of the residential
building meets the residential building's side main walls closest to the respective side lot lines, must be for soft landscaping;
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| (B) | with a lot frontage of 6.0 metres or less, a minimum of 25 percent of the area:
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| (i) | between all rear main walls of the residential building on the lot and the rear lot line, and
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| (ii) | extending parallel to the rear lot line across the full width of the lot from the point where the rear main wall of the residential
building meets the residential building's side main walls closest to the respective side lot lines, must be for soft landscaping. [ By-law: 101-2022 ]
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| (1) | Parts of a Garden Suite to which a Required Building Setback Applies |
| Despite regulation 5.10.40.70.(2), the required minimum ancillary building setbacks apply to all parts of an ancillary building containing a garden suite
above-ground and below-ground, excluding footings. [ By-law: 101-2022 ]
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| (2) | Garden Suite - Rear Yard Setback |
| Despite regulations 10.5.60.20(2) and (5), and regulation 10.10.60.20(1), the required minimum rear yard setback for an ancillary building containing a garden suite is:
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| (A) | if on a lot with a lot depth greater than 45.0 metres, equal to the greater of 1.5 metres and half the height of the ancillary building containing a garden suite; and
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| (A) | if on a lot with a lot depth greater than 45.0 metres, equal to the greater of 1.5 metres or half the height of the ancillary building containing a garden suite; and [ By-law: 420-2023 ]
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| (B) | In all other cases, 1.5 metres. [ By-law: 101-2022 ]
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| (3) | Garden Suite on Through Lot - Rear Yard Setback |
| The required minimum rear yard setback for an ancillary building containing a garden suite must comply with regulation 150.7.60.20(2), except:
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| (A) | if it is on a through lot, and a residential building on an adjacent lot fronts on the street that abuts the rear lot line of the through lot, the required minimum rear yard setback for the ancillary building containing a garden suite is equal to the required minimum front yard setback for the residential building on the adjacent lot; and
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| (B) | In all other cases, 1.5 metres; [ By-law: 101-2022 ]
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| (4) | Garden Suite containing a Parking Space on Through Lot - Rear Yard Setback |
| The required minimum rear yard setback for an ancillary building containing a garden suite and a parking space must comply with regulation 150.7.60.20(2), except if it is on a through lot and vehicle access is from the street abutting the rear lot line, the required minimum rear yard setback is greater of:
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| (A) | the rear yard setback required by regulation 150.7.60.20(3)(A); and
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| (A) | the rear yard setback required by regulation 150.7.60.20(3)(A); or [ By-law: 420-2023 ]
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| (B) | 6.0 metres; [ By-law: 101-2022 ]
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| (5) | Garden Suite - Side Yard Setback |
| Despite regulations 10.5.60.20(3) and (6) and 10.10.60.20(1), the required minimum side yard setback for an ancillary building containing a garden suite is:
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| (A) | if the side lot line does not abut a street, and there are openings such as doors or windows in the side main wall of the ancillary building, the greater of 1.5 metres and the amount that is 10 percent of the lot frontage, to a maximum of 3.0 metres; and
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| (B) | in all other cases, the greater of 0.6 metres and the amount that is 10 percent of the lot frontage, to a maximum of 3.0 metres.
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| (B) | in all other cases, the greater of 0.6 metres or the amount that is 10 percent of the lot frontage, to a maximum
of 3.0 metres. [ By-law: 101-2022 ] [ By-law: 101-2022; 420-2023 ]
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| (6) | Garden Suite on Corner Lot - Side Yard Setback |
| Despite 10.5.60.20(3)(C)(i), the required minimum side yard setback for an ancillary building containing a garden suite must comply with regulation 150.7.60.20(5), except:
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| (A) | if it is on a corner lot and the ancillary building containing a garden suite contains a parking space and vehicle access from the street abutting the side lot line, the required minimum side yard setback is 6.0 metres; and
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| (B) | in all other cases, the required minimum side yard setback is the greater of the required minimum side yard setback for the residential building on the lot and 1.5 metres. [ By-law: 101-2022 ]
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| (1) | Permitted Setbacks for Lawfully Existing Ancillary Buildings |
| If the lawful building setback of a lawfully existing ancillary building is less than the required minimum building setback for an ancillary building containing a garden suite required by Clause 150.7.60.20, the required minimum building setback for a garden suite in that lawfully existing ancillary building is:
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| (A) | the minimum rear yard setback for that lawfully existing ancillary building; and
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| (B) | the minimum side yard setback for that lawfully existing ancillary building. [ By-law: 101-2022 ]
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| (1) | Minimum Separation between a Residential Building |
| Despite regulation 10.5.60.30(1), an ancillary building containing a garden suite must be:
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| (A) | no less than 5.0 metres from a residential building on the same lot if the height of the ancillary building is no greater than 4.0 metres;
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| (B) | no less than 7.5 metres from a residential building on the same lot if the height of the ancillary building is greater than 4.0 metres; and
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| (C) | despite regulations 150.7.60.30(1)(A) and (B), if an ancillary building containing a garden suite is on a lot in the area bounded by
Coxwell Avenue, Coxwell Boulevard and Massey Creek to the west, the Don River and Sunrise Avenue to the north, Victoria Park Avenue and Nursewood Park to the east, and Lake Ontario to the south, the ancillary building containing a garden suite must be no less than 5.0 metres from a residential building on the same lot. [ By-law: 101-2022 ]
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| (2) | Angular Planes |
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| (A) | No part of an ancillary building containing a garden suite may penetrate any of the following:
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| (i) | a 45-degree angular plane projected towards the rear lot line, beginning from a height of 4.0 metres at a distance of 7.5 metres from the rear main wall of the residential building on the same lot;
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| (ii) | a 45-degree angular plane projected towards the front lot line, beginning from a height of 4.0 metres from the required rear yard setback; and
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| (iii) | a 45-degree angular plane projected towards the opposite side lot line, beginning from a height of 4.0 metres from the required side yard setback.
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| (B) | Despite regulation 150.7.60.30(2)(A), angular planes are not applicable to those sides of an ancillary building containing a garden suite that abut a street; and
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| (C) | Despite regulation 150.7.60.30(2)(A)(i), if an ancillary building containing a garden suite is on a lot in the area bounded by
Coxwell Avenue, Coxwell Boulevard and Massey Creek to the west, the Don River and Sunrise Avenue to the north, Victoria Park Avenue and Nursewood Park to the east, and Lake Ontario to the south, no part of the ancillary building containing a garden suite may penetrate a 45-degree angular plane projected towards the rear lot line, beginning from a height of 4.0 metres at a distance of 5.0 metres from the rear main wall of the residential building on the same lot. [ By-law: 101-2022 ]
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| (3) | Permitted Projections into Required Front Main Wall Angular Plane |
| Despite regulation 150.7.60.30(2), a dormer or a vertical extension of the front main wall of an ancillary building containing a garden suite may project into the required angular plane if it occupies no more than 30 percent of the total width of the ancillary building's front main wall. [ By-law: 101-2022 ]
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| (4) | Skylights in a Roof |
| Despite regulation 150.7.60.30(3), skylights in a roof may project into a required angular plane a maximum of 0.3 metres. [ By-law: 101-2022 ]
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| (1) | Minimum Separation Between a Lawfully Existing Residential Building and a Lawfully Existing Ancillary Building |
| If the separation between a lawfully existing ancillary building and a lawfully existing residential building on the same lot is less than the required minimum separation between an ancillary building containing a garden suite and a residential building required by Clause 150.7.60.30(1), the required minimum separation between the lawfully existing residential building and the lawfully existing ancillary building is the separation that exists between the lawfully existing ancillary building and the lawfully existing residential building. [ By-law: 101-2022 ]
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| (1) | Maximum Height of a Garden Suite |
| Despite regulation 10.5.60.40(2)(B), the permitted maximum height of an ancillary building containing a garden suite is:
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| (A) | if the ancillary building containing a garden suite is located a minimum of 5.0 metres to less than 7.5 metres from the residential building on the lot, 4.0 metres;
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| (B) | if the ancillary building containing a garden suite is located 7.5 metres or more from the residential building on the lot, 6.0 metres; and
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| (C) | despite regulations 150.7.60.40(1)(A) and (B), if the ancillary building containing a garden suite is on a lot in the area bounded by Coxwell Avenue, Coxwell Boulevard and Massey Creek to the west, the Don River and Sunrise Avenue to the north, Victoria Park Avenue and Nursewood Park to the east, and Lake Ontario to the south, 6.3 metres. [ By-law: 101-2022 ]
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| (2) | Maximum Storeys for Garden Suites |
| Despite regulation 10.5.60.40(3), an ancillary building containing a garden suite may have a maximum of two storeys, subject to (1) above. [ By-law: 101-2022 ]
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| (3) | Height of Specific Structures on a Garden Suite |
| The following structures on the roof of an ancillary building containing a garden suite may exceed the permitted maximum height for that building by 1.0 metres:
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| (A) | antennae;
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| (B) | flagpoles;
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| (C) | parapets for a green roof, if they are no closer than 1.0 metre from the main walls of the ancillary building;
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| (D) | satellite dishes; and
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| (E) | weather vanes. [ By-law: 101-2022 ]
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| (4) | Height of Skylights on a Garden Suite |
| Skylights on the roof of an ancillary building containing a garden suite may exceed the permitted maximum height for that building by 0.3 metres. [ By-law: 101-2022 ]
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| (5) | Height of Elements for Functional Operation of the Garden Suite |
| The following equipment and structures on the roof of an ancillary building containing a garden suite may exceed the permitted maximum height for that building by 1.0 metre, subject to (6) below:
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| (A) | equipment used for the functional operation of the ancillary building containing a garden suite, such as electrical, utility, mechanical and ventilation equipment;
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| (B) | structures or parts of the ancillary building containing a garden suite used for the functional operation of the building, such as enclosed stairwells, roof access, maintenance equipment storage, chimneys, vents, and water supply facilities; and
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| (C) | structures that enclose, screen or cover the elements listed in regulation (A) and (B) above. [ By-law: 101-2022 ]
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| (6) | Height - Horizontal Limits on Elements for Functional Operation of the Garden Suite |
| Equipment, structures or parts of an ancillary building permitted in regulation 150.7.60.40(5) must not:
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| (A) | cover more than 30 percent of the area of the roof, measured horizontally; and
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| (B) | be located closer than 1.0 metre to the main walls of the ancillary building. [ By-law: 101-2022 ]
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| (7) | Height of Garden Suite Entrance |
| Regulation 10.5.60.40(4) does not apply to an ancillary building containing a garden suite. [ By-law: 101-2022 ]
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| (1) | Exclusion from Floor Space Index |
| The gross floor area of an ancillary building containing a garden suite is not included for the purpose of calculating the total gross floor area and floor space index for a lot. [ By-law: 101-2022 ]
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| (2) | Garden Suite - Interior Floor Area |
| The interior floor area of an ancillary building containing a garden suite must be less than the gross floor area of the residential building on a lot. [ By-law: 101-2022 ]
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| (3) | Exemption from Maximum Floor Area for an Ancillary Building |
| Regulation 10.5.60.50(2) does not apply to an ancillary building containing a garden suite. [ By-law: 101-2022 ]
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| (1) | Interpretation of Platform Walls |
| The exterior sides of a platform, such as a deck, porch, balcony or similar structure, attached to or within 0.3 metres of an ancillary building containing a garden suite, are not main walls if at least 50 percent of the exterior sides above the floor are open to the outside. [ By-law: 101-2022 ]
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| (2) | Platform Restrictions |
| Despite regulation 10.5.60.20(11), a platform without main walls in accordance with regulation 150.7.60.60(1) is permitted, if:
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| (A) | the area of the platform, other than a green roof, is less than 10 percent of the interior floor area of the garden suite;
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| (B) | the platform complies with the required minimum building setbacks, separation distances and angular planes for the ancillary building containing a garden suite; and
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| (C) | the exterior sides of a platform adjacent to a side yard are visually screened from an abutting lot by an opaque barrier with a vertical
dimension of no less than 1.5 metres. [ By-law: 101-2022 ]
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| (3) | Platform Height |
| Despite regulation 10.5.60.40(5)(B), the level of the floor of a platform permitted in accordance with regulation 150.7.60.60(2), other than a green roof, must be:
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| (A) | no higher than 0.2 metres above the level of the floor of the storey from which it gains access; and
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| (B) | located on the first floor of an ancillary building containing a garden suite. [ By-law: 101-2022 ]
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| (4) | Permitted Encroachments for Platforms |
| Despite regulation 150.7.60.60(2)(B), a platform without main walls in accordance with 150.7.60.60(1), together with stairs or ramps leading to the platform, may encroach into the distance separation required in regulation 150.7.60.30(1) by a maximum of 1.5 metres from the front main wall of the ancillary building if the platform is no higher than 0.3 metres above the average elevation of the ground measured along the front main wall of the ancillary building. [ By-law: 101-2022 ]
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| (5) | Permitted Encroachments for Canopies and Awnings |
| A canopy, awning or similar structure, with or without structural support, or a roof over a platform which complies with regulation 150.7.60.60(4), may encroach into a required separation distance or building setback, subject to the following:
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| (A) | the maximum height of the roof, canopy, awning or similar structure is 4.0 metres above the average elevation of the ground measured along the abutting main wall of the ancillary building;
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| (B) | a canopy, awning or similar structure may encroach into the distance separation required in regulation 150.7.60.30(1) a maximum of 1.5 metres from the front main wall of the ancillary building; and
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| (C) | between a rear or side lot line and the ancillary building, a canopy, awning or similar structure may encroach into the ancillary building setbacks required in Clause 150.7.60.20 as follows:
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| (i) | on a main wall of the ancillary building containing a garden suite that faces a street, the lesser of 50 percent of the required building setback or 1.5 metres. [ By-law: 101-2022 ]
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| (6) | Architectural Features |
| Architectural features on an ancillary building containing a garden suite must comply with the following, if the architectural features are no closer to a lot line than 0.3 metres:
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| (A) | a pilaster, decorative column, cornice, sill, belt course or other similar architectural feature may encroach into a building setback required in Clause 150.7.60.20 or into the distance separation required in regulation 150.7.60.30(1) to a maximum of 0.6 metres; and
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| (B) | a chimney breast may encroach into a building setback required in Clause 150.7.60.20 or into the distance separation required in
regulation 150.7.60.30(1) to a maximum of 0.6 metres, if it is no wider than 2.0 metres. [ By-law: 101-2022 ]
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| (7) | Equipment |
| Wall mounted equipment on an ancillary building containing a garden suite, such as vents, pipes, utility equipment, satellite dishes, antennae or air conditioners, may encroach a maximum of 0.6 metres as follows, if the equipment is no closer to a lot line than 0.3 metres:
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| (A) | on a main wall of the ancillary building, into the minimum building setbacks required in Clause 150.7.60.20; and
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| (B) | on the front main wall of the ancillary building, into the distance separation required in regulation 150.7.60.30(1). [ By-law: 101-2022 ]
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| (1) | Lot Coverage Requirement for a Lot with a Garden Suite |
| Despite regulations 10.5.60.70(1) and 10.10.60.70(1), if a lot has an ancillary building containing a garden suite:
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| (A) | the ancillary building containing a garden suite is not included in the overall calculation of lot coverage;
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| (B) | the area of the lot covered by all ancillary buildings combined, including the ancillary building containing a garden suite, may not exceed
20 percent of the lot area; and
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| (C) | the area of the lot covered by an ancillary building containing a garden suite may not exceed the lesser of:
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| (i) | 40 percent of the area:
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| (a) | between all rear main walls of the residential building on the lot and the rear lot line; and
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| (b) | extending parallel to the rear lot line across the full width of the lot from the point where the rear main wall of the residential building meets the residential building's side main walls closest to the respective side lot lines; and
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| (ii) | A total floor area of 60.0 square metres. [ By-law: 101-2022 ]
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| (1) | Solar Energy Device |
| Despite regulation 10.5.75.1(4), a photovoltaic solar energy device or thermal solar energy device that is on an ancillary building containing a garden suite:
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| (A) | must comply with the required minimum building setbacks for an ancillary building containing a garden suite; and
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| (B) | no part of the device may be higher than 1.2 metres above the permitted maximum height for an ancillary building containing a garden suite. [ By-law: 101-2022 ]
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| (1) | Parking Space Requirement for a Lot with a Garden Suite |
| Despite regulation 200.5.10.1(1), if a lot has an ancillary building containing a garden suite, no parking space is required for the garden suite. [ By-law: 101-2022 ]
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| (1) | Parking Space Requirement for a Lot with a Garden Suite |
| Despite the parking space requirements in regulations 200.5.10.1(1) and 200.5.10.11(1)(C):
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| (A) | if a lot has an ancillary building containing a garden suite, no parking spaces are required for any dwelling units and secondary suites in a detached house, semi-detached house, townhouse, duplex, triplex, or fourplex on the same lot; and
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| (B) | no parking space is required for a garden suite. [ By-law: 420-2023 ]
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| (2) | Bicycle Parking Space Requirement for a Garden Suite |
| An ancillary building containing a garden suite must provide a minimum of two bicycle parking spaces within the garden suite or within any required separation distance or the required building setbacks for an ancillary building containing a garden suite. [ By-law: 101-2022 ]
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| (3) | Access to Parking Space |
| Despite regulation 10.5.80.40(3), if a lot has an ancillary building containing a garden suite, vehicle access to a parking space must be provided from a lawfully existing vehicle access. [ By-law: 101-2022 ]
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