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Chapter 15 Residential Apartment
15.20 Residential Apartment Commercial (RAC)
| (1) | Application of This Section |
| The regulations in Section 15.20 apply to all lands, uses, buildings and structures in the RAC zone.
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| (1) | Use - RAC Zone |
| The following uses are permitted in the RAC zone:
Ambulance Depot
Dwelling Unit in a permitted residential building type in Clause 15.20.20.40.
Fire Hall
Municipal Shelter
Park
Police Station [ By-law: 545-2019 ]
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| (1) | Use with Conditions - RAC Zone |
| The following uses are permitted in the RAC zone if they comply with the specific conditions associated with the reference number(s) for each use in Clause 15.20.20.100:
Art Gallery (1)
Artist Studio (1)
Automated Banking Machine (2)
Club (1)
Cogeneration Energy (3)
Community Centre (4)
Crisis Care Shelter (5)
Custom Workshop (1)
Day Nursery (6)
Eating Establishment (1, 7)
Education Use (1)
Financial Institution (1)
Group Home (8)
Home Occupation (9)
Library (4)
Multi-tenant House (18)
Market Garden (10)
Medical Office (1)
Nursing Home (11)
Office (1)
Outdoor Patio (23)
Outdoor Sales or Display (12)
Performing Arts Studio (1)
Personal Service Shop (1)
Pet Services (1)
Place of Worship (13)
Production Studio (1)
Private Home Daycare (14)
Public Utility (15, 16)
Recreation Use (1)
Religious Education Use (1)
Renewable Energy (3)
Residential Care Home (8)
Respite Care Facility (17)
Retail Store (1)
Retail Service (1)
Retirement Home (11)
Secondary Suite (19)
Seniors Community House (20)
Service Shop (1)
Short-term Rental (22)
Take-out Eating Establishment (1)
Transportation Use (21)
Veterinary Hospital (1)
[ By-law: 1453-2017 ]
[ By-law: 545-2019 ]
[ By-law: 156-2023 ] [ By-law: 1153-2023 ]
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| (1) | Permitted Building Types for Dwelling Units |
| In the RAC zone the following residential building types for dwelling units are permitted:
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| (A) | Apartment Building. [ By-law: 1092-2021 ]
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| (1) | Art Gallery and Other Commercial and Non-Residential Uses |
| In the RAC zone, an art gallery, artist studio, club, custom workshop, eating establishment, education use, financial institution, medical office, office, performing arts studio, personal service shop, pet services, production studio, recreation use, religious education use, retail store, retail service, service shop, takeout eating establishment or a veterinary hospital may be located on a lot with 100 or more dwelling units in one or more apartment buildings, subject to the following:
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| (A) | they are not located above the first storey of an apartment building;
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| (B) | a service shop or a veterinary hospital are located in non-residential buildings on the lot;
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| (C) | if located in an apartment building, the uses may not occupy, in total, more than 50% of the interior floor area of the first storey in that apartment building;
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| (D) | the total interior floor area of the uses may not exceed 400 square metres for the first 100 dwelling units on the lot, which may be increased by 50 square metres of interior floor area for each additional 25 dwelling units in excess of 100, to a maximum of 1,000 square metres of interior floor area;
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| (E) | the interior floor area of an individual establishment may not exceed 200 square metres; and
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| (F) | the calculation of total interior floor area is reduced by the area in the building used for:
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| (i) | the same building areas as provided for in the calculation of gross floor area for an apartment building in regulation 15.5.40.40(1); and
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| (ii) | in the case of an eating establishment or a take-out eating establishment, the areas used for associated offices, storage rooms, and staff rooms located in the basement. [ By-law: 0572-2014 ] [ By-law: 0572-2014; 1092-2021 ]
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| (2) | Automated Banking Machine |
| In the RAC zone, an automated banking machine must be located in a building.
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| (3) | Cogeneration Energy Production or Renewable Energy Production |
| In the RAC zone, cogeneration energy production or renewable energy production must be in combination with another permitted use on the lot, and comply with all Municipal, Provincial and Federal by-laws, statutes and regulations.
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| (4) | Community Centre or Library |
| In the RAC zone:
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| (A) | a community centre or a library may be on a lot with an apartment building, if the lot has 100 or more dwelling units in one or more apartment buildings, and:
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| (i) | if the community centre or library is located in an apartment building, they may not:
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| (a) | be above the first storey;
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| (b) | in total, occupy more than 50% of the interior floor area of the first storey; and
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| (c) | in total, exceed 600 square metres in interior floor area; and
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| (ii) | if the community centre or library is not in an apartment building, they may not, in total, exceed 600 square metres in interior floor area; and
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| (B) | if a community centre or a library is not on a lot with an apartment building, it must be on a lot with a front lot line or side lot line abutting a major street on the Policy Areas Overlay Map.
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| (5) | Crisis Care Shelter |
| In the RAC zone, a crisis care shelter must comply with the specific use regulations in Section 150.20. [ By-law: 545-2019 ]
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| (6) | Day Nursery |
| A day nursery in the RAC zone must comply with the specific use regulations in Section 150.45.
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| (7) | Eating Establishment - Other Uses |
| In the RAC zone, other uses with an eating establishment:
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| (A) | may occupy a maximum of 6% of the total interior floor area of the eating establishment to a maximum of 12 square metres; and
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| (B) | must be entirely within the building where the eating establishment is located.
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| (8) | Group Home or Residential Care Home |
| In the RAC zone, a group home or a residential care home must comply with the specific use regulations in Section 150.15.
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| (9) | Home Occupation |
| A home occupation in the RAC zone must comply with the specific use regulations in Section 150.5.
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| (10) | Market Garden |
| In the RAC zone, a market garden may not be used for the growing and harvesting of shrubs or trees for the purpose of sale. [ By-law: 1774-2019 ]
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| (11) | Nursing Home or Retirement Home |
| In the RAC zone, a nursing home, retirement home or a combination of these two uses, must be on a lot that has a front lot line or side lot line abutting:
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| (A) | a major street on the Policy Areas Overlay Map; or
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| (B) | a street which intersects a major street on the Policy Areas Overlay Map, and the lot is located, in whole or in part, within 80 metres of that intersection.
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| (12) | Outdoor Sales or Display |
| In the RAC zone, the outdoor sale or display of goods or commodities is subject to the following:
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| (A) | the goods or commodities may not be displayed closer to a dwelling unit than 7.5 metres;
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| (B) | despite (A), above, the outdoor sale or display of goods or commodities in combination with a permitted use inside an apartment building may be located abutting that use if the area for the outdoor sale or display of those goods or commodities does not exceed 10 square metres;
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| (C) | the goods or commodities may not be displayed closer to a rear lot line or a side lot line than:
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| (i) | 3.0 metres where the lot line abuts a street; and
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| (ii) | 7.5 metres in all other cases;
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| (D) | the total area for the outdoor sale or display of goods or commodities may not exceed 400 square metres for the first 100 dwelling units on the lot, which may be increased by 50 square metres for each additional 25 dwelling units in excess of 100, to a maximum of 1,000 square metres; and
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| (E) | the area for the outdoor sale or display of goods or commodities may not be located in areas required by this By-law for parking, loading, driveways or outdoor amenity space. [ By-law: 0572-2014 ]
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| (13) | Place of Worship |
| In the RAC zone:
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| (A) | a place of worship may be on a lot with an apartment building, if the lot has 100 or more dwelling units in one or more apartment buildings, and:
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| (i) | if the place of worship is inside an apartment building, it may not:
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| (a) | be above the first storey;
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| (b) | occupy more than 50% of the interior floor area of the first storey; and
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| (c) | exceed 110 square metres in interior floor area; and [ By-law: 0572-2014 ]
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| (ii) | if the place of worship is not inside an apartment building, it may not exceed 110 square metres in interior floor area; [ By-law: 0572-2014 ]
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| (B) | if a place of worship is not on a lot with an apartment building, it must:
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| (i) | comply with the specific use regulations in Section 150.50;
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| (ii) | be on a lot with:
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| (a) | a front lot line or side lot line abutting a major street on the Policy Areas Overlay Map; and
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| (b) | a lot area of at least 2,000 square metres; and
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| (iii) | be in a building with no more than 3,000 square metres of gross floor area; and
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| (C) | a lawfully existing place of worship is exempt from the requirements of regulation 15.20.20.100(13)(B) (ii) and (iii).
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| (14) | Private Home Daycare |
| A children's play area for a private home daycare in the RAC zone:
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| (A) | must be fenced; and
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| (B) | may be no closer to a lot line abutting a street than 6.0 metres.
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| (15) | Public Utility |
| In the RAC zone, a public utility may not be:
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| (A) | a sewage treatment plant;
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| (B) | a water filtration plant; or
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| (C) | an above-ground water reservoir.
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| (16) | Public Utility |
| In the RAC zone, a public utility must be enclosed by walls and comply with the permitted maximum lot coverage, required minimum building setbacks and permitted maximum height for a building in the RAC zone if it is:
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| (A) | a hydro electric transformer station; or [ By-law: OMB PL130592 February 7, 2017 ]
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| (B) | a natural gas regulator station.
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| (17) | Respite Care Facility |
| In the RAC zone, a respite care facility must be combined with a nursing home or retirement home.
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| (18) | Multi-tenant House |
| A multi-tenant house in the RAC zone must comply with the specific use regulations in Section 150.25. [ By-law: 156-2023 ]
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| (19) | Secondary Suite |
| A secondary suite in the RAC zone must comply with the specific use regulations in Section 150.10.
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| (20) | Seniors Community House |
| A seniors community house in the RAC zone must comply with the specific use regulations in Section 150.30.
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| (21) | Transportation Use |
| A building or structure on a lot in the RAC zone and used as a transportation use must comply with all requirements for a building on that lot.
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| (22) | Short-term Rental |
| A short-term rental in the RAC zone must comply with the specific use regulations in Section 150.13. [ By-law: 1453-2017 ]
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| (23) | Outdoor Patio |
| In the RAC zone:
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| (A) | an outdoor patio must be combined with one of the following uses and be located on the same lot or an abutting lot that permits an outdoor patio:
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| (i) | Club;
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| (ii) | Eating Establishment;
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| (iii) | Recreation Use;
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| (iv) | Retail Store; and
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| (v) | Take-out Eating Establishment.
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| (B) | the permitted maximum area of an outdoor patio is the greater of:
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| (i) | 50.0 square metres; or
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| (ii) | 50 percent of the interior floor area of the premises it is combined with.
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| (C) | an outdoor patio may not be used to provide entertainment such as performances, music and dancing;
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| (D) | an outdoor patio must be set back at least 10.0 metres from a lot in the Residential Zone category;
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| (E) | despite (D) above, an outdoor patio located above the first storey of the building, must be at least 40.0 metres:
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| (i) | measured horizontally, from a lot in the Residential Zone category or Residential Apartment Zone category.
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| (F) | an outdoor patio located on a pedestrian walkway must maintain a pedestrian clearance with a minimum width of 1.5 metres along its entire length; and
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| (G) | an outdoor patio in the rear yard of a lot which abuts a lot in the Residential Zone category must have a fence installed along the portion of the outdoor patio parallel to the rear lot line. [ By-law: 1153-2023 ]
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| (1) | Minimum Lot Area |
| In the RAC zone:
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| (A) | if a zone label includes the letter "a", on the Zoning By-law Map, the numerical value following the letter "a" is the required minimum lot area, in square metres; and
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| (B) | if the zone label does not include an "a" value on the Zoning By-law Map, the required minimum lot area, in square metres, is the required minimum lot frontage multiplied by 30 metres.
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| (2) | Minimum Lot Area for Each Dwelling Unit in an Apartment Building |
| If a zone label applying to a lot in the RAC zone includes the letters "au", on the Zoning By-law Map, the numerical value following the letters "au" is the required minimum lot area, in square metres, required for each dwelling unit in an apartment building.
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| (1) | Minimum Lot Frontage |
| In the RAC zone:
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| (A) | if a zone label includes the letter "f", on the Zoning By-law Map, the numerical value following the letter "f" is the required minimum lot frontage, in metres; and
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| (B) | if the zone label does not include an "f" value on the Zoning By-law Map, the required minimum lot frontage is 24.0 metres.
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| (1) | Maximum Lot Coverage |
| In the RAC zone:
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| (A) | if a lot in the RAC zone is in an area with a numerical value on the Lot Coverage Overlay Map, that numerical value is the permitted maximum lot coverage, as a percentage of the lot area; and
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| (B) | if a lot in the RAC zone is not in an area with a numerical value on the Lot Coverage Overlay Map, no lot coverage applies.
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| (1) | Application of this Article |
| The regulations in Article 15.20.40 apply to buildings or structures in the RAC zone, other than ancillary buildings or structures which are subject to Article 15.5.60.
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| (2) | Number of Dwelling Units on a Lot |
| If a zone label applying to a lot in the RAC zone includes the letter "u", on the Zoning By-law Map, the numerical value following the letter "u" is the permitted maximum number of dwelling units on the lot.
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| (1) | Maximum Height |
| The permitted maximum height for a building or structure on a lot in the RAC zone is:
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| (A) | the numerical value, in metres, following the letters "HT" on the Height Overlay Map; or
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| (B) | 24.0 metres, if the lot is in an area with no numerical value following the letters "HT" on the Height Overlay Map.
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| (2) | Maximum Number of Storeys |
| The permitted maximum number of storeys in a building on a lot in the RAC zone is:
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| (A) | the numerical value following the letters "ST" on the Height Overlay Map; and
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| (B) | if the lot is in an area with no numerical value following the letters "ST" on the Height Overlay Map, the number of storeys is not limited by this regulation.
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| (1) | Floor Space Index |
| In the RAC zone, the permitted maximum floor space index is:
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| (A) | the numerical value following the letter "d" in the zone label on the Zoning By-law Map; and
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| (B) | if the zone label on the Zoning By-law Map does not include a "d" value on the Zoning By-law Map, the floor space index is not limited by this regulation.
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| (1) | Amenity Space for an Apartment Building |
| In the RAC zone, an apartment building with 20 or more dwelling units must provide amenity space at a minimum rate of 4.0 square metres for each dwelling unit, of which:
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| (A) | at least 2.0 square metres for each dwelling unit is indoor amenity space;"
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| (B) | at least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space; and
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| (C) | no more than 25% of the outdoor component may be a green roof.
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| (1) | Minimum Front Yard Setback |
| The required minimum front yard setback in the RAC zone is 6.0 metres.
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| (2) | Minimum Rear Yard Setback |
| The required minimum rear yard setback in the RAC zone is 7.5 metres.
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| (3) | Minimum Side Yard Setback |
| The required minimum side yard setback in the RAC zone is 7.5 metres.
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| (4) | Rear Yard Setbacks and Side Yard Setbacks in Relation to the Height of an Apartment Building |
| Despite regulation 15.20.40.70(2) and (3), for any portion of an apartment building in the RAC zone with a height greater than 11.0 metres, the required minimum rear yard setback and required minimum side yard setbacks for each portion of the building above 11.0 metres in height must be increased by 1.0 metres for each additional 2.0 metres, or part thereof, above 11.0 metres in height.
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| (1) | Distance Between Main Walls of the Same Residential Building |
| In the RAC zone, if a residential building has main walls where a line projected outward at a right angle from one of the main walls intercepts another main wall of the same building, the required minimum above-ground separation distance between those main walls is:
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| (A) | for any portion of the building with a height equal to or less than 11.0 metres:
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| (i) | 5.5 metres if there are no openings to dwelling units in one or more of those main walls; and
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| (ii) | 11.0 metres if each main wall has an opening to a dwelling unit; and
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| (B) | for any portion of the building with a height greater than 11.0 metres, a distance equal to the average height of those main walls.
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| (2) | Distance Between Residential Buildings on the Same Lot |
| In the RAC zone, if two or more residential buildings are located on the same lot, the required minimum above-ground separation distance between the main walls of the respective buildings is:
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| (A) | for any portion of the buildings with a height equal to or less than 11.0 metres:
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| (i) | 5.5 metres if there are no openings to dwelling units in the main wall of one or more of the buildings: and
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| (ii) | 11.0 metres if each main wall has an opening to a dwelling unit; and
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| (B) | for any portion of the buildings with a height greater than 11.0 metres, a distance equal to the average height of those buildings.
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| (3) | Distance Between Residential and Non-Residential Buildings on the Same Lot |
| In the RAC zone, if a non-residential building is on the same lot as a residential building, the required minimum above-ground separation distance between the main walls of the non-residential building and the residential building is:
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| (A) | 11.0 metres if there is an opening to a dwelling unit in the main wall of the residential building facing the non-residential building; and
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| (B) | 7.5 metres in all other cases. [ By-law: 0572-2014 ]
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| (4) | Apartment Building Separation from RD and RS Zones |
| An apartment building in the RAC zone must be at least 15.0 metres from a lot in an RD or RS zone. [ By-law: 0572-2014 ]
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