Background
Planning and Development is proposing an amendment to the regulation regarding construction beneath yards. This term, as used in the Zoning Bylaw, refers to below-grade construction that extends beyond the required yard setbacks and may reach the property line of the site.
The current regulation allows for construction beneath yards for construction or development that is completely below grade. The Development Officer may require that the yard be unobstructed or undisturbed below grade to preserve existing vegetation, or to provide an adequate growing environment for proposed or required landscaping.
This regulation applies to all sites except for multiple-unit dwellings consisting of 5 or more units as permitted in the Transit Development area as per Section 5.3.19 of the Zoning Bylaw. The amendments proposed are to allow construction beneath the required side and rear yards of this type of development. Construction may only be permitted beneath the required front yard when an appropriate tree protection plan is provided and approved by Planning and Development and Urban Forestry.