URBAN PLANNING BY-LAW FOR VILLE-MARIE BOROUGH. At the city council meeting of December 17, 2001, it was enacted:

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1 CITY OF MONTRÉAL BY-LAW URBAN PLANNING BY-LAW FOR VILLE-MARIE BOROUGH At the city council meeting of December 17, 2001, it was enacted: TITLE I GENERAL PROVISIONS CHAPTER I APPLICATION 1. This by-law applies to part of the city territory delimited to the north at Remembrance Road, from the northeast boundary of Westmount up to the extension to the south of the west boundary of Outremont; to the north, that extension; to the east and to the north, the south and east boundaries of Outremont up to Mont-Royal Avenue; to the east, Mont-Royal Avenue up to Parc Avenue; to the south, Parc Avenue up to Des Pins Avenue; to the southwest, Des Pins Avenue up to University Avenue; to the south, University Street up to Sherbrooke Street; Sherbrooke Street to the northeast up to the CP railway track; to the southeast and to the south, the CP railway track up to Notre-Dame Street; to the southeast, perpendicular to the northwest bank of the St. Lawrence River, a straight line up to that bank; to the southeast, a straight line to include Île Notre-Dame and Île Sainte-Hélène, up to the boundary of Montréal and Longueuil; to the southwest, part of the boundary separating Montréal from Longueuil and Saint-Lambert up to the Victoria Bridge; the Victoria Bridge to the west up to the Bonaventure Autoroute; to the northwest, the Bonaventure Autoroute up to Notre-Dame Street; Notre-Dame Street to the southwest up to Guy Street; Guy Street to the north up to the CP railway track; to the west, the railway track up to the boundary of Westmount; and to the north and to the northwest, the boundary of Westmount up to Remembrance Road. 2. Parts of lots, lots, sites, buildings or constructions on the territory referred to in article 1 must be erected and occupied in accordance with this by-law. CHAPTER II INTERPRETATION 3. The tables, figures and schedules referred to are part of this by-law. 4. The sector and street boundaries shown on the attached plans correspond to the following benchmarks and their extensions: (1) the city boundaries; (2) the borough boundaries; / 1

2 (3) the centrelines of public thoroughfares; (4) the centrelines of lanes; (5) the centrelines of railway tracks; (6) the subdivision lines; (7) the lot lines covered by a resolution or a notice of placement of a reserve under the law; (8) the specified benchmarks; (9) the distances measured to scale, in the absence of other benchmarks. 5. In this by-law, the following words mean: Aaccess road@: a private passageway providing access to a parking or a loading area from a public thoroughfare or a lane; "adjacent building": a main building erected on an adjacent lot with the same side lot line; "amusement hall": a hall occupied or used primarily for amusement purposes, where amusement devices are provided to the public; "amusement machine": a coin-operated game or amusement device authorized by law, not including machines intended for the amusement or recreation of young children, non-electric table games, bowling sets, sound reproduction equipment or video lottery equipment; "amusement place": a place occupied or used primarily for amusement purposes where equipment other than amusement machines are provided to the public, including a bowling alley; "antenna": a device used to receive and transmit electromagnetic waves for radiocommunication purposes, including the structure specifically designed to support it; "apartment hotel": a main building or part of a main building containing apartments provided with individual kitchen facilities for transient guests; "areaway": a space below grade providing access to a building; "artist or artisan studio": a place used by an artist or an artisan for production purposes; "attached building": a main building erected on the two side lot lines; "bed and breakfast establishment": an establishment operated by a person in his dwelling, provided with a separate entrance and offering to the public 4 or 5 rooms where meals may be served, and requiring a bed and breakfast establishment permit issued under the Tourist Establishments Act (R.S.Q., chapter E-15.1); "billiard or pool room": a room occupied or used primarily for amusement purposes where non-electric table games are provided to the public; "block": a lot or a group of lots bounded by public thoroughfares, railway tracks, waterways or municipal boundaries; "building": a construction or part of a construction used or intended to be used to shelter or accommodate persons, animals or things; "building line": a line drawn on private property that determines the layout of a façade; "built-up lot ": a lot occupied by a building having at least 50 m5 in floor area or occupied by a fuel use; "business district": part of the city territory bounded by Sherbrooke Street, Saint-Urbain Street, Sainte-Catherine Street, Clark Street, René-Lévesque Boulevard, Saint-Urbain Street, / 2

3 Côte de la Place-d Armes, Place d Armes, Notre-Dame Street, Jean-D Estrées Street and its extension, Saint-Antoine Street, De la Montagne Street, lots along the north side of René- Lévesque Boulevard and Drummond Street; "commercial parking lot@: a commercially operated parking area; "construction": a building or structure made from an assembly of materials whose use requires an area of ground, or that is attached to something requiring an area of ground; "conventional antenna": an antenna other than a dish antenna; "corner lot": a lot abutting on 2 or more public thoroughfares at their intersection; "detached building": a main building set back from the side lot lines; "director": the director of the department concerned; "dish antenna": an antenna with a reflective surface capable of concentrating received waves onto a focal point or pointing emitted waves in a single direction; "drinking establishment": any establishment requiring or holding a public house or "pub", tavern or bar permit as defined in the Act respecting liquor permits (R.S.Q., chapter P-9.1) including in particular a bistro or a café; "dwelling unit": a unit or suite of rooms used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping, and sanitary facilities; "establishment": a space intended for the practice of a use, except a dwelling unit; "façade": the exterior wall of a building facing a public thoroughfare and made up of one or more planes; where a lot is adjacent to several public thoroughfares one of which is less than 7.3 m wide, the exterior wall of a building facing that public thoroughfare is not a façade; "family recreation hall": a hall occupied or used mainly for amusement purposes, and containing machines intended for the amusement or recreation of minors; "floor": the part of a building between the surface of a floor and the ceiling immediately above it; "front line": the lot line coinciding with the right of way line of a public thoroughfare; "front setback": the space between the front lot line and the building line; "front yard": the space between the front line, the side lot lines and the façade planes and their extensions; "ground floor": the space between the first floor, aboveground in whole or in part, above the sidewalk level and the ceiling immediately above it; "habitable space": any space or room used or intended to be used for sleeping purposes, and that may be used for living, cooking or eating purposes; "lane": a secondary road providing access to bordering lots served by a public thoroughfare; "lateral setback": the space between a side line and a parallel line between the front and rear setbacks within a lot; "lot": a lot, part of a lot or group of lots forming a single property, except part of a lot covered by a resolution or a notice of placement of a reserve under the law; "main plane": the vertical plane made up of the part of a façade covering the largest area; "mezzanine": an intermediate level or interior balcony between the floor and ceiling of a storey; "motor home": a motor home as defined in section 2 of the Regulation respecting road vehicle / 3

4 registration (order in council , October 16, 1991); "motor vehicle": a road vehicle mainly designed to carry no more than 9 occupants at a time, including a taxi, a pickup truck, but excluding a motor home; "natural grade": the grade before raising, clearing, backfilling or other alteration work; "natural high water line": the shrubby line changing from a predominance of aquatic plants to a predominance of ground plants; Aneighborhood police station@: a police station without a detention room; "neighboring building": a main building adjoining another main building or lot, with the same lot lines, or a main building on the other side of a public thoroughfare or lane; "opening": a breach made in a wall for access to or lighting of a building, except garage doors; "other yards": the space between the exterior walls of a main building and the lot lines, excluding a front yard Aoutbuilding@: a building, shelter or office occupied by an accessory use that is necessary or useful for the operation of the main use of a lot or a building, and located on the same lot, including a storage area or a cabin; Aparking area@: a site that is not part of public property, set up for the parking of road vehicles, including the development of a single parking unit; Aprivate parking lot@: a non commercially operated parking area, set up on a lot other than the one for which parking units are provided; "public thoroughfare": a public space reserved for vehicle and pedestrian traffic and providing access to bordering lots, but excluding lanes; "rear line": the lot line opposite the front line and joining two side lines; "rear setback": the space between the rear lot line and a parallel line within a lot; "rear wall": the wall of a main building consisting of one or more planes and facing the rear lot line; "rest area": a public open space on public or private property, laid out for rest purposes; "road vehicle ": a road vehicle as defined in section 4 of the Highway Safety Code (R.S.Q., chapter C-24.2); "rooming house": a building or part of a building where at least 4 rooms are rented and where services such as meals and maintenance may be provided to persons residing there, but excluding a reception centre as defined in the Act respecting health services and social services (R.S.Q., chapter S-4.2); "semi-detached building": a main building erected on only one of the side lot lines; "service equipment": electrical devices and conduits used for plumbing, heating and air conditioning purposes; "side line": a lot line drawn between the front line and the rear line or another side line; "side of a block": the side of a public thoroughfare between 2 successive transverse thoroughfares, or the side of a public thoroughfare between a transverse public thoroughfare and a railway track, a watercourse or a municipal boundary; "side wall": the wall of a main building consisting of one or more planes and facing a side lot line; "temporary car shelter": a type of construction consisting of a removable metal reinforcement / 4

5 covered in canvas and used to shelter one or more motor vehicles; Atraffic a private passageway providing access to a parking or a loading unit from an access road, a public thoroughfare, or a lane; "transverse lot": a lot other than a corner lot adjacent to 2 public thoroughfares. CHAPTER III ZONE PLANS 6. The zone plans of schedule A apply to the territory referred to in article 1. TITLE II BUILT-UP AREAS CHAPTER I GENERAL PROVISION 7. The standards set out in this title apply to the layout of buildings. CHAPTER II HEIGHT SECTION I GENERAL PROVISIONS 8. The plans of schedule A entitled "Height Limits" divide the territory referred to in article 1 into sectors of height in metres, and sectors of height in metres and in storeys. 9. In a sector of height in metres and in storeys, the height of a building must: (1) be equal to or less than the maximum prescribed height in metres and in storeys; (2) be equal to or greater than the minimum prescribed height in storeys, to a depth of at least 4 m from the façade. 10. In a sector of height in metres, the height of a building must: (1) be equal to or less than the maximum prescribed height in metres; (2) be equal to or more than the minimum prescribed height in metres, to a depth of at least 4 m from the façade. 11. Despite paragraph 2 of article 9 and paragraph 2 of article 10, the height of a detached or a semi-detached building with no sloping roof, or a building in an extra height sector must, over at least 60% of the width facing a public thoroughfare, be equal to or more than the minimum prescribed height in metres or in storeys, to a depth of at least 4 m from the façade / 5

6 12. Despite paragraph 2 of article 9 and paragraph 2 of article 10, the height of a detached or a semi-detached building with a sloping roof must, over at least 60% of the width facing a public thoroughfare, be equal to or greater than the minimum prescribed height in metres or in storeys. 13. Except in a significant sector or for a significant immovable, or for a building whose construction was authorized by the city before August 17, 1994, the floor of the ground floor may not be more than 2 m above the highest point of the sidewalk level or natural grade at the building line. 14. Except in a significant sector, on a heritage site and in the cases referred to in section IV, the height of a building may not vary by more than 1 m from the minimum or maximum prescribed heights. This article does not apply to the height of a ground floor and an outbuilding. 15. Despite articles 9, 10 and 11, the minimum prescribed height does not apply to an outbuilding or a projection, except a front building projecting by more than 1.5 m from the façade. SECTION II HEIGHT CALCULATION 16. The height in metres of a building is measured vertically from natural grade to the building line or sidewalk level to its highest point less 1 m for a sloping roof. 17. The height in storeys is the number of storeys, including the ground floor, between the floor of the ground floor and the ceiling of the top storey, excluding a roof-top enclosure. 18. The height in metres or in storeys of a building or part of a building on a sloping lot bounded by more than one public thoroughfare may be established on the side bounded by the highest public thoroughfare to a depth of no more than 35 m, calculated from the right of way line of that public thoroughfare. 19. A mezzanine is considered a storey where its floor area is 40% more than that of the storey immediately below. 20. Despite article 17, an additional storey beneath the roof is authorized in one of the following cases: (1) in a sector of height in metres and in storeys where the symbol Agable roof@ appears on the plan of schedule A entitled AHeight Limits@; (2) in sectors other than those referred to in paragraph 1, under a gable roof or a sloping roof existing on September 23, / 6

7 Dormer windows may be added provided the raising on the slope of a roof does not exceed 40% of the area of the slope, and in the cases referred to in paragraph 2 of the first paragraph, provided the top of the roof is not raised. SECTION III AUTHORIZED EXTENSIONS 21. No construction other than a chimney, vent and mast may exceed the maximum prescribed heights in metres and in storeys. A parapet or a guard may exceed the roof or the maximum prescribed heights in metres and in storeys by 2 m. A stairwell or an elevator shaft may exceed the roof or the maximum prescribed heights in metres and in storeys by a setback in relation to the façade equivalent to at least twice its height. In a sector where category I.4, I.5, I.6, I.7 or E.7 is authorized as a main use category, constructions such as industrial handling structures, silos and tanks may exceed the maximum prescribed heights in metres and in storeys. 22. A roof-top enclosure housing part of a dwelling unit or an establishment that does not contain service equipment may exceed the maximum prescribed height by 2 m provided its floor area is 40% less than that of the storey immediately below. Each roof-top enclosure must be approved in accordance with title VIII, based on the following criteria: (1) its appearance, the roof configuration, and a guard installed on the roof must blend in with the appearance of the building and the features of neighboring buildings; (2) its height, clearance and location must reduce its visual impact. For the purposes of paragraph 2 of the second paragraph, the following setbacks are necessary: (1) in relation to walls adjacent to a front yard or at the right of way line of a public thoroughfare, a minimum setback equivalent to twice the height of the roof-top enclosure; (2) in relation to a rear wall, a minimum setback equivalent to once the height of the rooftop enclosure. 23. A roof-top enclosure provided with service equipment, a stairwell or an elevator shaft, a screen or roof-top service equipment, departing from the maximum prescribed height, may be erected or installed on part of a building whose construction was authorized by the city before August 17, The roof-top enclosure must be approved in accordance with title VIII, based on the following criteria: (1) it must be proven that the equipment cannot be integrated into the interior of the building; (2) its appearance must be compatible with the appearance of the building; (3) its height, outline and location must be such that its visual impact from the street is minimized / 7

8 SECTION IV INFILL CONSTRUCTION RULES 24. Subject to the prescribed height limits in the plans of schedule A, the height in metres and in storeys of a building between 2 adjacent buildings in the same sector of height in metres and in storeys may not: (1) be less than the height in storeys of the lowest adjacent building conforming to the prescribed height limits; (2) exceed the height in storeys of the highest adjacent building conforming to the prescribed height limits or exceed the height in metres of that building by more than 1 m. 25. Subject to the prescribed height limits in the plans of schedule A, the height in metres and in storeys of a building adjacent to a vacant lot, a lane, a corner lot, a limit of a sector of height in metres and in storeys, a building not conforming to the minimum or maximum prescribed heights in metres or in storeys in the plans of schedule A may not: (1) be less than the height in storeys of the other building conforming to the prescribed height limits; (2) exceed the height in storeys or exceed the height in metres of that building by more than 1 m. 26. Subject to the prescribed height limits in the plans of schedule A and despite articles 24 and 25, the height in metres and in storeys of a building on a corner lot may not be less than the height in storeys of the lowest adjacent building in the same sector of height in metres and in storeys. 27. Subject to the prescribed height limits in the plans of schedule A and despite articles 24 and 26, the height in metres and in storeys of a building adjoining another semi-detached building may not: (1) be less than the height in storeys of the building to which it is attached, or less than the height in metres of that building by more than 1 m; (2) exceed the height in storeys of the building to which it is attached, or exceed the height in metres of that building by more than 1 m. 28. Subject to the prescribed height limits in the plans of schedule A, the height of a building may be approved in accordance with title VIII, in the following cases: (1) only one building is used to establish the height of a building, and it is not representative of the general profile of the side of a block on which it is erected; (2) two buildings are used to establish the height of a detached building, and they are not representative of the general profile of the side of a block on which they are erected; (3) one additional storey or one less may be built within the height limits in metres under infill construction rules / 8

9 The approval referred to in the first paragraph is based on the following criteria: (1) the height of a building does not detract from the streetscape; (2) the height in storeys of a building is compatible with the height in storeys of other buildings on the street. SECTION V SECTORS WHERE A HEIGHT OF 23 m OR MORE IS AUTHORIZED SUBSECTION 1 GENERAL PROVISION 29. This section applies to a sector where a height of 23 m or more is authorized, as shown on the plans of schedule A entitled "Height Limits". In that sector, a building project of a height of 23 m or more, which exceeds by half the average height in metres of buildings within a 50 m radius of the proposed construction, must be approved in accordance with title VIII. SUBSECTION 2 DEVELOPMENT, ARCHITECTURE AND DESIGN 30. In addition to the criteria in article 713 of title VIII, a building project referred to in article 29 must meet the following criteria: (1) the project must consider the impact of their integration into the built-up area and existing views; (2) the project must consider their impact on natural lighting and the amount of sunlight falling on neighboring residential properties, as well as on the amount of sunlight falling on streets, parks and public places; (3) the project must tend to provide a division between the solid and windowed surfaces of façades in order to avoid the presence of blind walls. SUBSECTION 3 WIND IMPACT 31. The constructions referred to in article 29 must be covered by wind impact studies carried out in accordance with the following parameters: (1) the average wind speed must be calculated over a base period of one hour; (2) the reference period for gust evaluation must be 2 seconds or less, with a turbulence of 30%; (3) the gust speed must be equal to twice the average speed. 32. The constructions referred to in article 29 must tend to meet the following criteria: (1) on the thoroughfare sections listed in paragraphs 1 and 2 of article 38, a ground average wind speed of 4 m/s in winter and 6 m/s in summer, with a maximum excess frequency / 9

10 corresponding to 15% of the time; (2) on thoroughfare sections other than those listed in paragraphs 1 and 2 of article 38, a ground average wind speed of 4 m/s in winter and 6 m/s in summer, with a maximum excess frequency corresponding to 25% of the time; 3) in parks, public spaces and rest areas, a ground average speed of 4 m/s in winter and 6 m/s in summer, with a maximum excess frequency corresponding to 10% of the time. 33. The ground gusts generated by a construction project may not exceed a ground speed of 20 m/s more than 1% of the time. SECTION VI EXTRA HEIGHT SECTORS SUBSECTION I EXTRA HEIGHT 34. This section applies to extra height sectors as shown on the plan entitled Maximum Heights in Extra Height Sectors in schedule A. In those sectors, buildings may, if recessed from the minimum prescribed height in metres or in storeys, attain a height equal to or less than the maximum prescribed extra height. In extra height sectors marked +120, buildings may attain the smaller of the following heights: (1) a height of more than 120 m but no more than m above sea level; (2) a height of 200 m calculated in accordance with this chapter. 35. Projects that include extra height constructions or those providing for their alteration must be approved in accordance with title VIII. SUBSECTION 2 DEVELOPMENT, ARCHITECTURE AND DESIGN 36. In addition to the criteria in article 713 of title VIII, extra height projects must meet the following criteria: / 10

11 (1) projects must tend to maintain the visual corridors between Mount Royal and the river, as shown on the following figure: / 11

12 (2) projects must tend to maintain the wide views of Mount Royal and the river, as shown on the following diagrams: Views of the mountain Views from the belvedere on the mountain (3) projects must tend to be integrated into the downtown skyline, as shown on the / 12

13 following figures: (4) projects must consider their impact on the existing developed area; (5) projects must tend to preserve, apart from the prescribed heights in metres, the opening toward the sky in order to avoid the nave effect and to allow the filtration of light; (6) projects must tend to provide a division between the solid and windowed surfaces of a façade in order to avoid the presence of blind walls; (7) projects must consider the impact on the local road system and on traffic; (8) projects must tend to preserve the architectural features of existing buildings, for extensions in extra height sectors. SUBSECTION 3 SUNLIGHT 37. Extra height projects must tend to provide a fair amount of sunlight falling on streets, parks and public places, as prescribed in this subsection. To that end, an impact study on the amount of sunlight falling on extra height projects must be based on the following parameters: (1) the amount of sunlight received must be considered with and without the projects; (2) the amount of sunlight received must take into account the potential for development of adjacent lots, as determined by the maximum prescribed heights in metres; (3) the duration of sunlight to be considered for public thoroughfare impact study purposes must correspond to the duration of the sun s course from one side to the other of the right of way of a public thoroughfare, so that at least one sidewalk receives sunlight. 38. Extra height projects must tend to guarantee a minimum of sunlight as follows: (1) at least 2 ½ consecutive hours of sunlight at the equinox between noon and 3 p.m., on the following east-west thoroughfare sections: / 13

14 (a) De La Gauchetière Street, between De Bleury and Sanguinet streets; (b) Notre-Dame Street, between Guy and McGill streets; (c) Ontario Street, between Sanguinet and Amherst streets; (d) Saint-Antoine Street, between McGill Street and Saint-Laurent Boulevard; (e) Sainte-Catherine Street, between Atwater Avenue and Amherst Street; (f) Sherbrooke Street, between Guy Street and Saint-Laurent Boulevard; (2) at least 2 ½ consecutive hours of sunlight at the equinox or a fair amount of sunlight based on the maximum prescribed heights in metres, on the following north-south thoroughfare sections: (a) Parc Avenue, between Sherbrooke Street and Des Pins Avenue; (b) McGill College Avenue, between Sainte-Catherine and Sherbrooke streets; (c) Saint-Laurent Boulevard, between Des Pins Avenue and Saint-Antoine Street; (d) Amherst Street, between Ontario Street and René-Lévesque Boulevard; (e) Bishop Street, between Sherbrooke Street and René-Lévesque Boulevard; (f) Crescent Street, between Sherbrooke Street and René-Lévesque Boulevard; (g) De Bleury Street, between Sherbrooke and Saint-Antoine streets; (h) De La Montagne Street, between Sherbrooke Street and René-Lévesque Boulevard; (i) McGill Street, between Saint-Antoine and De la Commune streets; (j) Saint-Denis Street, between Sherbrooke Street and René-Lévesque Boulevard; (3) at least 1 ½ consecutive hours of sunlight at the equinox between noon and 3 p.m., on the east-west thoroughfare sections other than those listed in paragraph 1; (4) at least 1 ½ consecutive hours of sunlight at the equinox or a fair amount of sunlight based on the maximum prescribed heights in metres, on the north-south thoroughfare sections other than those listed in paragraph Extra height projects must tend to provide at least 8 consecutive hours of sunlight at the equinox between 8 a.m. and 6 p.m. falling on at least 50% of the area of parks and public places, based on the maximum prescribed heights in metres and on the potential for development of adjacent lots, and assessed with and without the projects. SUBSECTION 4 WIND IMPACT 40. Extra height projects must tend to conform to the wind impact standards prescribed in this subsection. To that end, wind impact studies on extra height projects must be based on the following parameters: (1) the wind impact studies must carried out with and without the projects and, as the case may be, the mitigating measures decided upon; (2) the wind impact studies must be carried out in wind tunnels or hydraulic basins; (3) the average wind speed must be calculated on a base period of one hour; (4) the reference period for gust evaluation must be 2 s or less, with a turbulence of / 14

15 30%; (5) the gust speed must be equal to twice the average speed. 41. Extra height projects must tend to meet the following criteria: (1) on the thoroughfare sections listed in paragraphs 1 and 2 of article 38, a ground average wind speed of 4 m/s in winter and 6 m/s in summer, with a maximum excess frequency corresponding to 15% of the time; (2) on thoroughfare sections other than those listed in paragraphs 1 and 2 of article 38, a ground average wind speed of 4 m/s in winter and 6 m/s in summer, with a maximum excess frequency corresponding to 25% of the time; (3) in parks, public places or rest areas, a ground average wind speed of 4 m/s in winter and 6 m/s in summer, with a maximum excess frequency corresponding to 10% of the time. 42. The ground gusts generated by a project may not exceed a ground speed of 20 m/s more than 1% of the time. CHAPTER III DENSITY SECTION I GENERAL PROVISION 43. The plans of schedule A entitled Maximum Building Coverage Ratios and Densities apply to the territory referred to in article 1. The density of constructions must be equal to or less than the maximum density prescribed by sector on those plans. SECTION II DENSITY CALCULATION 44. Density is measured by the floor-area ratio (FAR), which is calculated as the ratio between the total floor area of a building and the area of the lot on which the building stands. 45. The floor area of a building is equal to the sum of the are of each of its floors, including a mezzanine and a basement floor. The floor are of a building is measured from the exterior face of exterior walls. 46. Where a vacant lot has been assigned more than one floor-area ratio, the maximum floorarea ratio is calculated in proportion to the parcels of land affected by each floor area ratio. SECTION III / 15

16 AREAS EXCLUDED FROM THE FLOOR AREA CALCULATION 47. The following areas are excluded from a building's floor area calculation: (1) underground vehicle parking areas and loading areas, as well as their access roads; (2) the ground floor of buildings in a sector where class C of category C.5 is authorized; (3) areas provided for service equipment, stairways, elevators and vertical pipes, up to a maximum of 15% of the total floor area; (4) for lots used as metro sites, the underground spaces providing access to the metro or used for its animation; (5) the structural load transfer storey of a construction spanning an autoroute in a trench or a tunnel. 48. In a building whose construction was authorized by the city before August 17, 1994, the following are excluded from the floor area calculation: (1) an enclosed pedestrian access on the ground floor of a building; (2) a shelter allowing the use of a roof for relaxation or recreation purposes by the occupants of a building. CHAPTER IV BUILDING COVERAGE RATIOS 49. The plans of schedule A entitled "Maximum Building Coverage Ratios and Densities" apply to the territory referred to in article 1. The building coverage ratio of a lot must be equal to or less than the maximum building coverage ratio prescribed by sector on those plans. 50. On a corner lot, the maximum building coverage ratio may be multiplied by 1.2. SECTION I BUILDING COVERAGE RATIO CALCULATION 51. The building coverage ratio expresses the ratio between the coverage of a building and the area of the lot on which that building stands. 52. The building coverage corresponds to the area of the horizontal projection of the building on the ground, except part of the building that is entirely underground, a balcony, a stoop, a terrace, a step, a cornice, an exterior stairway, an exterior ramp and an open-air loading platform. That area includes a ventilation shaft, a light shaft and all spaces provided in a building / 16

17 SECTION II REQUIRED OPEN SPACES 53. Constructions having a building coverage ratio of more than 85% and containing a residential use, whose erection was authorized by the city on or after August 17, 1994, must be provided with open spaces. The total area of required open spaces must be equal to 10% of the total floor area of every dwelling unit, without exceeding 10 m5 per unit. 54. For the purposes of this chapter, a required open space may be part of a lot, a balcony, a loggia, a terrace, an interior garden or an interior public space accessible to occupants of a building. CHAPTER V MODES OF BUILDING COVERAGE 55. The plans of schedule A entitled "Modes of Building Coverage" divide the territory referred to in article 1 into sectors, according to 4 modes: detached, semi-detached, contiguous and sectors covered by infill construction rules. The layout of a building must conform to the modes of building coverage prescribed by sector on those plans. SECTION I ATTACHED AND SEMI-DETACHED MODES 56. Where a building must be attached or semi-detached, it must be laid out on the side lot line to a depth of at least 4 m from its façade. 57. The side wall of a building may depart from the side lot line requirement when it is at one of the following places: (1) on each side of the side line of a corner lot not adjacent to a façade containing the main entrance of a corner building; (2) on the side where an adjacent lot is occupied by a main building that is not constructed, on that side, up to the side lot line; (3) on the side of a lot in a sector where category E.1 is authorized as a main use category. SECTION II INFILL CONSTRUCTION RULES 58. In a sector covered by infill construction rules and in a sector where several modes of building coverage are prescribed, except where the detached, semi-detached and contiguous / 17

18 modes are prescribed simultaneously, a building must meet the following requirements: (1) where, on the same side of a block, the adjacent lot is occupied by a main building erected up to the side lot line to a depth of at least 4 m from the façade, the building must be laid out, on that side, up to the side line to a depth of at least 4 m from its façade; (2) where on the same side of a block, an adjacent lot is occupied by a main building not erected up to the side lot line, the building must provide a setback on that side, in accordance with provisions relating to lateral setbacks. CHAPTER VI BUILDING LINES AND SETBACKS 59. The plans of schedule A entitled "Building Lines" indicate, by street sections, the building lines prescribed in the territory referred to in article 1. Subject to articles 61 to 64 and except constructions authorized under title IV, no part of a building may be located in a setback or between the prescribed building line and the right of way of a public thoroughfare 60. The layout of a building wall may not vary by more than 15 cm from the prescribed building line and setbacks. SECTION I BUILDING LINES SUBSECTION 1 GENERAL PROVISIONS 61. At least 60% of the façade area must be on the building line. No more than 40% of the façade area may be laid out at one of the following places: (1) set back from the building line; (2) in front of the building line, the front part not projecting by more than 1.5 m. 62. A building may be set back from the building line in one of the following cases: (1) the building is an outbuilding; (2) the building is in a sector where category C.6, C.7, I.4B, I.5, I.6, I.7 or E.1 to E.7 is authorized as a main use category; (3) the building is on a transverse lot and contains no main entrance on that façade. 63. At least one plane of the single façade of a detached building in a sector where only category H.1 is authorized may be erected at the building line. 64. At least one point of the façade plane, representing 60% of the total façade area of a / 18

19 proposed building on a lot within the side of a block and whose front line is curved or is not perpendicular to the side line, must be built at the prescribed building line. Except for a detached building in a sector where no category other than category H.1 is authorized, no more than 40% of the façade area may be set back or laid out in front of the building line; that front building may not project beyond 1.5 m from the main plane and the building line. 65. Where no building is prescribed on the plans of schedule A, the building line is in accordance with subsections 2 and 3. In the cases not covered by the first paragraph, the following requirements apply: (1) in sectors where the prescribed density is more than 3, the building line must be between 0 and 6 m from the right of way of a public thoroughfare; (2) in sectors where the prescribed density is 3 or less, or in sectors where no density is prescribed, the building line must be between 1.5 m and 6 m from the right of way of a public thoroughfare; (3) despite paragraphs 1 and 2, in sectors where category I.1, I.2, I.3 or I.4A is authorized as a main use category, the building line must be between 0 and 10 m from the right of way of a public thoroughfare. 66. The façade area of a building is equal to the sum of the projections of façade planes on a vertical plane parallel to the building line. 67. For extra height cases, only part of the façade below the extra height is considered when calculating the building façade area. 68. The following are part of the façade plane on which they are located: (1) an opening and an architectural ornament set back no more than 1.5 m from the façade plane; (2) an opening representing no more than 40% of the façade area and an architectural ornament, not projecting beyond 0.75 m from the façade plane and prescribed building line. SUBSECTION 2 INFILL CONSTRUCTION RULES 69. In this subsection: (1) the reference façade plane is the façade plane or planes of an adjacent building occupying the greater area in the same vertical plane; (2) the reference façade plane of an adjacent building laid out on a transverse lot is the one located on the side of the façade containing the main entrance; (3) despite paragraph 1, the reference façade plane of an adjacent detached building in a sector where no category other than category H.1 is authorized, is the façade plane / 19

20 nearest the right of the way of the public thoroughfare; (4) despite paragraphs 1, 2 and 3, façade planes that are not representative of the dominant building line on the same side of a block, façades of outbuildings or projections are not reference façade planes. 70. The building line is established so as to be neither closer to nor farther from the right of way of the public thoroughfare than one of the reference façade planes. On a corner lot, the building line is established so as to be neither closer to nor farther from the right of way of the public thoroughfare than the façade plane of a building along the same public thoroughfare at the same intersection, including the building occupying that lot. But it may not be set back more than the reference façade plane of an adjacent building. For the purposes of this paragraph, the reference façade plane of a building on the opposite side of a lane next to a corner lot is also a reference façade plane. 71. Where the main façade planes of adjacent buildings are parallel to each other, the main façade plane of a proposed building must be parallel to those façade planes. 72. The building line of a building adjacent to a corner building is established so as to be neither closer to nor farther from the right of way of a public thoroughfare than the reference façade plane of the other adjacent building. 73. The building line of a building adjacent to two corner buildings is established so as to be neither closer to nor farther from the right of way of a public thoroughfare than the main façade plane of one of those buildings, fronting on the same public thoroughfare. But it may be farther from the right of way of a public thoroughfare provided the distance does not exceed the distance of the façade plane containing the main entrance to one of the corner buildings from the public thoroughfare on which that façade plane fronts. 74. The building line of a proposed building on a lot within the unbuilt side of a block must conform to the general building line of the façade planes of buildings on the opposite side of the block. The width must correspond to the width of the lot concerned plus 100 m on each side, being neither closer to nor farther from the right of way of the public thoroughfare than those façade planes, except the façade planes that are not representative of the general building line and of corner buildings. 75. The building line must conform to the general building line of the façade planes of buildings on the same side of a block no more than 100 m from each side of the lot concerned, being neither closer to nor farther from the right of way of the public thoroughfare than those façade planes, except the façade planes that are not representative of the general building line, in one of the following cases: (1) there is no dominant building line; (2) there is no reference façade plane; (3) a semi-detached building is proposed on an interior lot whose front line is curved or / 20

21 non-perpendicular to the lateral line. SUBSECTION 3 ARCHITECTURAL REVIEW 76. The building line must be approved in accordance with title VIII, in the following cases: (1) where the plans of schedule A entitled ABuilding Lines@ are marked ABuilding line subject to the procedure in title VIII@; (2) for a proposed building on a lot adjacent to two corner lots where the variance between the nearest and the farthest point from the public thoroughfare of the façade planes used to establish the building line is more than 6 m, except a detached building in sectors where no category other than category H.1 is authorized, and in sectors where category C.6, C.7, I.4B, I.5, I.6 or I.7 is authorized as a main use category; (3) for a proposed building on a corner lot, where no building borders on an intersection. The approval referred to in the first paragraph is based on the following criteria: (1) the preservation of the morphological features of the area and of its vegetation; (2) the preservation of the character of buildings in the built-up area; (3) the enhancement of a building of architectural significance, a vista or other distinctive urban feature; (4) the contribution of the building and its exterior furnishings to the streetscape. 77. In a sector where a category of the network of community and institutional facilities is authorized as a main use category, the building line must be approved in accordance with title VIII, based on the criteria in the second paragraph of article Where the distance between the right of way line of a public thoroughfare and the line of a building established in accordance with infill construction rules meets one of the following conditions, the building line must be approved in accordance with the second paragraph: (1) the distance is more than 10 m in sectors where category I.1, I.2, I.3 or I.4A is authorized as a main use category; (2) the distance is more than 6 m in sectors where category C.1, C.2, C.3, C.4 or C.5 is authorized as a main use category; (3) the difference is less than 6 m in sectors where a category of the network of community and institutional facilities is authorized as a main use category. The building line must be approved in accordance with title VIII, based on the following criteria: (1) the contribution of the building and its exterior furnishings to the street environment; (2) the enhancement of the building; (3) the constraints on the development of parking areas and loading units in lateral or rear setbacks / 21

22 79. The building line of a proposed building must be approved in accordance with title VIII where the proposed building meets one of the following conditions: (1) it is proposed in a sector subject to site planning under this by-law; (2) it is part of a development project concerning all lots on the unbuilt side of a block; (3) it is proposed on a lot whose front limit is no less than 200 m long; (4) it is part of a project for the development of a group of unbuilt lots, next to each other, on the same side of a block, the total length of the front limit of each lot being no less than 200 m. The approval referred to in the first paragraph is based on the following criteria: (1) the building line is in accordance with the site plan development objectives in the Montréal Urban Plan (CO ); (2) the building line must tend to be in accordance with this by-law for that type of project; (3) the building line takes into account the built-up elements and the vegetation to be preserved. 80. A detached building exclusively occupied by a use in category H.1 may be set back from the building line. The building line must be approved in accordance with title VIII, based on the following criteria: (1) the average line of the façade planes of that building must tend to conform to the prescribed building line; (2) the architectural features of the building and the exterior furnishings ensure its integration into the built-up area. SECTION II LATERAL AND REAR SETBACKS 81. The side wall of a building that is not erected on the side lot line must be laid out at a distance equal to or greater than the following minimum lateral setbacks, which vary according to the prescribed maximum heights in metres on the plans of schedule A : MAXIMUM HEIGHT IN METRES MINIMUM LATERAL SETBACK IN METRES up to 12.5 m 1.5 more than 12.5 m up to 20 m 2.5 more than 20 m up to 30 m 3.0 more than 30 m The lateral or rear setback of a lot that is next to a lane may be calculated from the centreline of that lane / 22

23 83. The lateral setback requirements do not apply to a wall laid out between 2 façade planes. 84. The lateral and rear setback requirements do not apply to outbuildings or parts of outbuildings less than 4 m high. 85. The rear wall of a building must be laid out at a distance equal to or greater than the following minimum rear setback, which varies according to the prescribed maximum heights in metres on the plans of schedule A: MAXIMUM HEIGHT IN METRES MINIMUM REAR SETBACK IN METRES up to 20 m 3.0 more than 20 m Where a category of the industrial group or where category C.4, C.5, C.6 or C.7 is authorized, or where a maximum building coverage ratio of 100% is prescribed, a building may be laid out on the rear lot line. CHAPTER VII BUILDING APPEARANCE 87. For the purposes of this chapter, a façade includes all walls adjacent to a front yard or laid out on the right of way line of a public thoroughfare. SECTION I CONVERSION OF A RESIDENTIAL BUILDING 88. Where a residential building is converted for other purposes, the appearance of the residential building must be preserved. SECTION II PROHIBITED MATERIALS 89. None of the following facing materials may be used: (1) plastic film, tar, mineralized or vinyl and similar paper (2) paper board, material not designed for exterior use or of an unfinished appearance; (3) glass, mirror and any other material with an exterior daylight reflection rate of over 20% on more than 5% of the façade surface including openings; (4) asphalt shingle, except for a crown and a roof / 23

24 SECTION III MASONRY 90. No facing stone used on a façade may be painted. 91. A façade must be covered with masonry on at least 80% of its surface, excluding openings, except: (1) the ground floor of a building in a sector where a category of the commercial group is authorized; (2) a building in a sector where category C.6, C.7, or a category of the industrial group is authorized as a main use category; (3) a detached building in a sector where only category H.1 is authorized. 92. Where the material referred to in article 91 is a composite stone, a concrete block or panel, its color and texture must be similar to those of natural stone. 93. The new facing of a building façade must be similar to the existing facing where that facing is similar to that of the façade of the adjacent building erected up to the common side line.. SECTION IV PROJECTIONS 94. A projecting exterior stairway that rises in whole or in part to a level higher than the ground floor of a building may be placed on a façade if it does not exceed the second floor and if the building on which it is to be placed is at one of the following locations: (1) on a lot adjacent to a lot occupied by a building with such a stairway on its façade; (2) on one side of a block where at least 60% of the buildings have such a stairway; (3) in a sector where a use category of the network of community and institutional facilities is authorized, except for categories E.1(1) to E.1(4). 95. No service equipment except individual and removable air conditioning units may be visible on a façade. SECTION V OPENINGS 96. Except in a sector where category C.7, I.5, I.6, I.7 or E.7 is authorized, the area of openings must be 10% or more of: (1) the area of the ground floor façade; (2) the area of a façade / 24

25 97. Except for the ground floor of a building in a sector where a use category of the commercial group is authorized and for buildings in extra height sectors, the area of openings of a façade may not exceed 40% of the area of that façade. SECTION VI NON-CONFORMING WORK 98. Work not in accordance with this chapter must be approved in accordance with title VIII, based on the following criteria: (1) the work must tend to improve the appearance of the building and provide a better integration of the building into its environment; (2) where technical or physical constraints are difficult to surmount, the work must be carried out to subdue the impact on the environment or on the appearance of the building. CHAPTER VIII SIGNIFICANT SECTORS AND IMMOVABLES SECTION I GENERAL PROVISIONS 99. This chapter applies to sectors and immovables on the plans of schedule A entitled "Significant Sectors and Immovables". The following table indicates, for sectors subject to standards and for sectors subject to criteria, the architectural features in this chapter. TABLE OF DOMINANT ARCHITECTURAL FEATURES BY SECTOR SECTORS SUBJECT TO STANDARDS SECTORS SUBJECT TO CRITERIA A B C D E F G AA BB CC DD EE FF GG HH II FACING Stone # # # # # # # # # Brick # # # # # Clapboard # CROWN False mansard/mansard # # # # Cornice or parapet # # # # # # # Sloped roof # # # # # False gable # # # OPENING Vertical # # # Total minimum proportion (%) Total maximum proportion (%) / 25