1) In this Section an encroachment means any part of a building or related appendage, projecting into the street, whether above, at or below ground level, and its total extent shall be the distance, measured at right angles from a vertical plane through the city property line (street line), to the outermost point of the projection.
1) No part of any building or appendage thereto shall project into a street, whether above or below the ground level except for
a)signs conforming with the Sign By-law, and
b)features otherwise provided for by this Section or the Encroachment By-law.
1) All permitted encroachments shall be kept in proper repair and otherwise maintained by the owner of the building, in a condition satisfactory to the Chief Building Official and the City Engineer.
1) No encroachment shall be permitted if it interferes with
a)a public utility pole, its apparatus or conductor system,
b)fire fighting or fire rescue work, or
c)a lamp standard or any street furniture authorized or permitted by the City Engineer.
1) Subject to Subsection 1A.9.4., existing buildings or appendages which project beyond the street line, and which are subject to a prior valid Encroachment Agreement with the city, may be maintained without alteration.
1) A lawful existing encroachment, that is not in conformance with this Section, may be continued provided
a)the encroachment remains lawful,
b)the encroachment is not altered except to comply with this By-law,
c)the encroachment, if inadvertently destroyed by more than 50% of its current replacement cost, is reconstructed to comply with this By-law,
d)the encroachment, if moved for any reason, is thereupon altered to comply with this By-law, and
e)where such encroachment is required by the city to be altered as a result of Subsection 1A.9.4., such alteration conforms with the terms of the Subsection.
2) Except for signs which conform to the Sign By-law, any enlargement or substantial alteration of an existing encroachment shall constitute a new encroachment and shall
a)comply with the Encroachment By-law, and
b)comply with the requirements of this Section.
1) A sign which conforms to this Section and the Sign By-law may encroach into a street.
1) Entrance doors or other moveable barriers, whether in the open or closed positions, are not permitted to be an encroachment, except as provided in Subsection 1A.9.10.
1) The requirements in this Subsection apply to new encroachments and alterations to existing encroachments.
1) Unless restricted by other provisions of this By-law, all new encroachments shall comply with the construction, clearance and dimension requirements of Subsections 1A.9.5. to 1A.9.10.
1) A part of a structure permitted as an encroachment into a street shall be constructed so that the removal of the encroachment may be made without causing the building to become structurally unsafe and without compromising the integrity of fire separations and protection from the weather.
1) Despite Article 1A.9.1.4. and except for signs, all new encroachments shall
a)comply with the Encroachment By-law, and
b)comply with the requirements of this Section.
1) Unless permitted by this Section or by resolution of Council, there shall be no new encroachment of a building or part of a building into any street 10 m or less in width.
1) The Chief Building Official may refuse to issue a permit for construction which includes an encroachment related to a building if such encroachment does not conform with the Encroachment By-law.
1) The owner of land from which any building or part of a building encroaches into a street shall repair, alter or remove such encroachment when required by the City Engineer in accordance with the provisions of the Encroachment By-law.
1) When any encroachment is removed, the owner shall
a)fill all excavations with compacted soil and restore the sidewalk, street and ground surrounding the encroachment to the same condition as the adjacent area and to the satisfaction of the City Engineer, and
b)finish the exterior of the building so that the integrity of all structural systems, fire separations and protection from the weather is maintained to the satisfaction the Chief Building Official.
1) In this Subsection an areaway means an underground building or structure which encroaches into public property and serves an adjacent building to which the areaway may or may not be attached.
1) The Chief Building Official shall refuse to issue a permit for an areaway unless the areaway has been approved by the City Engineer.
1) All areaways shall be constructed to the satisfaction of the City Engineer with sufficient reinforced concrete walls and roofs to retain the surface of the street and its superimposed live loads and surcharges.
1) Areaways having all or a portion of its structure exposed at the sidewalk surface shall
a)be constructed of noncombustible materials,
b)be provided with solid non-slip surfaces, and
c)not extend above the street or sidewalk surface.
1) In this Subsection, a cornice means the ornamental molding projecting horizontally at the top of a wall or column, and usually concealing the gutter.
2) On short over-hanging roofs the decorative structural brackets which support the roof decking and gutter also constitute a cornice.
1) In this Subsection, a coping means the top protective layer of a wall or chimney, exposed to the weather, usually constructed of brick, stone or metal, and designed to shed water away from the wall face immediately adjacent to and under the coping.
1) Except as permitted in Sentence (3), all cornices, belt courses and other minor architectural trim such as water tables, copings, column capitals and bases, including their connections and supports which project beyond the wall face of a building, shall be constructed of noncombustible materials, and if constructed of metal, shall be not less than 0.56 mm in thickness.
2) The principal cornice or roof eave at or near the top of a wall shall conform to Sentence (1) and Article 1A.9.6.4.
3) Where the roof construction is permitted to be of wood, the Chief Building Official may also permit the cornice to be of wood provided
a)the cornice consists only of roof members cantilevered over the street and is covered only on the top side with roof deck, and
b)the underside of the cornice is left exposed, with no boxed-in soffit.
1) Where a street is at least 10 m wide, cornices, belt courses and other architectural trim such as water tables, lintels, window and door sills, copings and pediments may project over a street
a)not more than 75 mm where the distance from the lowest point of the projection to the street level immediately below is less than 2.75 m, and
b)not more than 915 mm where the distance from the lowest point of the projection to the street level immediately below is 2.75 m or more.
2) Where a street is less than 10 m wide, the architectural features referred to in Sentence (1) may only project over the street provided the distance from the lowest point of the projection to the street level immediately below is not less than 4.5 m, and provided the projection does not interfere with overhead public utilities.
3) Despite Sentences (1) and (2), no projection permitted under this Article shall exceed 915 mm.
4) Oriel or bay windows shall not project into the street except that alterations may be made to such existing windows provided they project not more than 600 mm beyond the street line, they are not less than 4.5 m above the street, and the street on which the projection fronts is not less than 10 m in width.
1) In this Subsection, an awning means a light detachable structure of fabric, sheet metal or other relatively flexible material entirely supported from the building by a fixed or retractable frame to offer shelter from the sun or rain.
1) In this Subsection, a marquee means a light, detachable structure, similar to an awning, which is made of fabric, sheet metal or other relatively flexible material, and which is supported entirely or partially from the ground.
1) No electrical wiring, illuminated device, electrical equipment or apparatus shall be attached to or be incorporated in an awning or marquee except that drive mechanisms required for the operation of collapsible awnings and attachments to the structural frame may be permitted where approved by the Chief Building Official.
1) Awnings and marquees structural framing members and their connections to the supporting structure shall be designed in conformance with Part 4 of Division B.
2) All structural components of awnings and marquees shall be noncombustible or aluminum.
1) The horizontal clearance between any projections or support of an awning or marquee shall be not less than 600 mm from the outer face of any roadway curb.
2) Except where constructed entirely of noncombustible materials or where protected in an acceptable manner, awnings and marquees shall be located not less than 600 mm to the adjoining property lines or to the projection of such property lines into the street.
3) No portion of an awning or marquee shall be less than 2.75 m above the level of the public sidewalk or established grade, except that where the sidewalk or established grade below the awning or marquee slopes more than 0.1 m over the length of the awning or marquee, the clearance may be not less than 2.6 m and any soft fringe associated with it, when made of canvas, cloth or other similar material, may have a clearance of not less than 2.3 m.
1) Where combustible textiles are used, awnings and marquees shall be flameproofed to conform to the appropriate requirements for resistance to fire set out in ULC-S109, "Standard for Flame tests of Flame-Resistant Fabrics and Films".
2) No combustible textiles shall be used on an awning which is above the second storey of a building and which is attached to an exterior wall required to be of noncombustible construction.
3) Marquees, except for those covering only doorways, which are fabricated from tent-like materials shall comply with the requirements of Subsection 3.1.6., including spatial separation from buildings.
1) Except as otherwise accepted by the Chief Building Official, the vertical dimension of the front and sides of an awning or marquee shall not exceed 3.65 m at any point, and shall not span unprotected openings in separate fire compartments.
1) In this Subsection, a canopy means a rigid, roof-like structure supported from the building, which may be below the level of the main roof line of the building and projecting beyond the building face to provide protection from the sun or rain.
1) Except as permitted in Sentence 1A.9.8.4.(2), all canopies shall be
a)constructed of noncombustible materials, unless the building or its exterior wall is permitted to be of combustible construction,
b)supported entirely from the building, and
c)constructed so that their removal can conform to Sentence 1A.9.3.3.(1).
2) The deck or roof of every canopy shall be constructed of
a)wired or laminated safety glass,
b)metal not less than 0.56 mm in thickness, or
c)where permitted in Sentence (1), of wood plank not less than 60 mm in thickness, covered on the top and on the soffit with metal or other noncombustible material, and constructed and fire stopped to the satisfaction of the Chief Building Official.
1) All canopies and their connections to the supporting structure shall be designed in conformance with Part 4 of Division B.
1) The vertical distance from the soffit or underside of a canopy and the sidewalk shall be not less than 2.75 m, and the horizontal distance from the canopy to the outer face of the sidewalk curb shall be not less than 60 mm, except that where the distance from the soffit or underside of the canopy to the sidewalk exceeds 3.65 m, the canopy is permitted to extend to the outer face of the curb.
2) Except where constructed entirely of noncombustible materials or where protected in an acceptable manner, canopies shall be not less than 600 mm from an adjoining property line or the projection thereof into the street.
1) Except where otherwise accepted by the Chief Building Official, the vertical dimension of the front and sides of a canopy shall not exceed 3.65 m at any point and the canopy shall not span unprotected openings in separate fire compartments.
1) Except where otherwise allowed by the City Engineer, a canopy roof shall be provided with a drainage system conforming to Part 7 of Division B and shall drain to the building drain system.
2) Required downpipes for canopies, if acceptable, may project not more than 75 mm into the street.
1) The City Engineer may allow an existing canopy to remain if, in the judgment of the City Engineer, it will not endanger or interfere with traffic, utilities or city works.
1) Exterior hose connections for fire-fighting equipment, ventilation intakes and outlets, chimneys and air conditioners shall not project into the street unless specifically allowed by the City Engineer.
2) A fire alarm bell or gong may project up to 300 mm over a street but not less than 2.60 mm above the sidewalk level or established building grade.
1) Stairways and balconies for fire escapes, where permitted by the Chief Building Official and where located on a wall abutting or fronting on a street, may project into the street a distance not exceeding 1.2 m provided the lowest part of the stairway or balcony, including its brackets or supports, is not less than 4.5 m above the street grade.
1) Emergency exit doors which are designed, to the satisfaction of the City Engineer with the intention of reducing normal pedestrian and vehicular traffic hazards may project not more than 300 mm into a street which is not less than 10 m in width.