Restrictions concerning the construction
and location of buildings and services
registered against the land or otherwise
required through municipal restrictions in
the form of zoning and land use control.
In the case of general zoning
provisions, practitioners will encounter a
wide range of building restrictions that
either directly reference the structure
(e.g., minimum gross floor area, height of
structure, type of structure based on use,
and construction of accessory buildings), or
indirectly limit it (e.g., various setback
requirements dictating overall building size
and shape). Residential zoning requirements
typically set out restrictions relating to
front, rear, and side yards, maximum lot
coverage, minimum landscaped open space,
parking needs, and various requirements
concerning buildings located on the same
lot. Commercial properties may also be
restricted in terms of minimum setback
requirements relating to lands abutting
major highways, railway lines, and
residential areas; specifics regarding
storage areas, store size limitations within
regional shopping malls and power centers;
and limitations on gross floor area in
neighborhood, community, sub-regional, and
regional shopping centers.
Restrictions can also arise by way of
specific requirements applicable to a
particular development or defined area, over
and above those stated in general zoning
by-laws, e.g., a larger minimum size of
building or site. Such restrictions
typically arise by agreement with the
municipality at the time of development.
Restrictions may also be imposed by the
seller as part of an overall design strategy
relating to development lands owned by that
individual, e.g., architectural standards
established for all residential units within
a specific housing development.
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