Committee approves more flexible rules for altering right of way

The City’s Transportation Committee approved amendments to the Use and Care of Roads By-law that would provide residents and community groups more opportunities to undertake gardening projects and install free library boxes within the City’s right of way.

The right of way includes the travelled portion of a roadway as well as the sidewalk and boulevard area just beyond it. The current by-law is restrictive, to ensure the City retains control over considerations like grading, drainage, access to underground utilities and maintenance activities like plowing. The amended rules would retain that control but offer greater flexibility for residents.

The amended by-law would permit specified gardening activities within the right of way directly abutting a residential property, reflecting a trend away from grass and toward more naturalized areas. No permit would be required, but the amended by-law would prohibit use of hard landscaping materials, like stones and pavers, and prohibit consumable plants like herbs or vegetables, as well as noxious weeds or invasive species. The by-law would permit hand digging only, limit plant height to 0.75 metres, require sidewalks and roadways remain unobstructed, and set a minimum distance from infrastructure, boulevard trees and bus stops.

Free library boxes would also be permitted within a right of way that is both on a local road and directly abutting a residential property, to help promote literacy, increase a sense of community and diversify access to reading materials. No permit would be required, but residents would need to submit a signed letter of acknowledgement to the City before putting up a free library box, to ensure the guidelines and regulations are reviewed before installation. Permanent foundations would be prohibited, and libraries would need to be between 0.9 and 1.1 metres in height and kept in good repair.

The amendments would also allow retailers to sell merchandise on the sidewalk. This is similar to what was permitted on a temporary basis during the pandemic, to help mitigate limits on indoor capacity. Limited retail display and vending would be permitted within the right of way in commercially zoned areas in both the urban area and in serviced villages, provided a two-metre pedestrian clearway is maintained. No permit would be needed, but operators would have to submit a signed letter of acknowledgement to the City, and there would be limits on the size, duration and location of such activities. 

Recommendations from today’s meeting will rise to Council on Wednesday, June 28.