Bylaw test

Purpose

1375 1 Mixed Use — Active Frontage is intended to:

a be located along commercial streets where active commercial uses are required at grade to promote activity at the street level;

b promote developments with storefronts along a continuous block face on the commercial street;

c accommodate a mix of commercial and residential uses in the same building;

d respond to local area context by establishing maximum building height for individual parcels.

2 The Mixed Use - Active Frontage District should only be located where a local area plan, or other policy, supports land use and development aligned with the purpose statements in subsections (1).

Permitted Uses

1376 1 The following uses are permitted uses in the Mixed Use - Active Frontage District:

a Accessory Residential Building;

b Home Based Child Care — Class 1;

c Home Occupation — Class 1;

d Park;

e Sign — Class A;

f Sign — Class B;

g Sign — Class D; and

h Utilities.

2 The following uses are permitted uses in the Mixed Use - Active Frontage District if they are located within existing approved buildings:

a deleted

65P2023

b Convenience Food Store;

c Fitness Centre;

d Information and Service Provider;

e Library;

f Pet Care Service;

g Power Generation Facility — Small;

h Print Centre;

i Protective and Emergency Service;

j Radio and Television Studio;

k deleted

27P2021

l deleted

27P2021

m Retail and Consumer Service; and

65P2023

n Specialty Food Store.

65P2023

o deleted

65P2023

2.1 The following uses are permitted uses in the Mixed Use — Active Frontage District if they are located within existing approved buildings and if the public area is 150.0 square metres or less:

27P2021

a Restaurant: Food Service Only; and

b Restaurant: Licensed.

3 The following uses are permitted uses in the Mixed Use — Active Frontage if they are located within an existing approved building and are not located on the ground floor:

a Artist's Studio;

b Catering Service — Minor;

c deleted

27P2021

d Financial Institution;

e Health Care Service;

27P2021

f Instructional Facility;

g deleted

27P2021

h Office;

i Service Organization; and

j Veterinary Clinic.

Discretionary Uses

1377 1 Uses listed in subsections 1376(2) and (3) are discretionary uses if they are located in proposed buildings or proposed additions to existing buildings in the Mixed Use - Active Frontage District.

1.1 The following uses are discretionary uses in the Mixed Use — Active Frontage District if they are located within existing approved buildings and if the public area is greater than 150.0 square metres.

27P2021

a Restaurant: Food Service Only; and

b Restaurant: Licensed

1.2 The following uses are discretionary uses in the Mixed Use — Active Frontage District if they are located in proposed buildings or proposed additions to existing buildings:

27P2021

a Restaurant: Food Service Only; and

b Restaurant: Licensed.

2 Uses listed in subsection 1376(3) are discretionary uses in the Mixed Use - Active Frontage District if they are located on the ground floor of an existing approved building.

3 The following uses are discretionary uses in the Mixed Use - Active Frontage District:

a deleted

65P2023

b Addiction Treatment;

c Amusement Arcade;

d Assisted Living;

e Billiard Parlour;

f Brewery, Winery and Distillery;

f.1 deleted

25P2018, 27P2021

f.2 Cannabis Store;

26P2018

g Child Care Service;

h Cinema;

i Community Recreation Facility;

j Computer Games Facility;

k Conference and Event Facility;

l Custodial Care;

m Dinner Theatre;

n Drinking Establishment — Medium;

o Drinking Establishment — Small;

p Dwelling Unit;

p.1 Food Production;

49P2017

q Home Occupation — Class 2;

r Hotel;

s Indoor Recreation Facility;

s.1 Kennel;

46P2019

t Liquor Store;

u Live Work Unit;

v deleted

42P2019, 27P2021

w deleted

25P2018

x Museum;

y Outdoor Café;

z Parking Lot — Structure;

aa Pawn Shop;

bb Payday Loan;

cc Performing Arts Centre;

dd Place of Worship — Medium;

ee Place of Worship — Small;

ff Post-secondary Learning Institution;

gg Residential Care;

hh deleted

27P2021

ii deleted

27P2021

jj deleted

27P2021

kk Seasonal Sales Area;

ll Signs — Class C;

mm Signs — Class E;

nn Social Organization;

oo Special Function — Class 2;

pp Supermarket;

pp.1 Urban Agriculture;

33P2019

qq Utility Building;

rr Vehicle Rental — Minor; and

ss Vehicle Sales — Minor.

Rules

1378 In addition to the rules in this District, all uses in this District must comply with:

a The General Rules for Mixed Use Districts referenced in Part 14, Division 1;

b The Rules Governing all Districts referenced in Part 3; and

c The applicable Uses and Use Rules referenced in Part 4.

Floor Area Ratio

1379 1 Unless otherwise referenced in subsection (2), there is no maximum floor area ratio.

2 The maximum floor area ratio for parcels designated MU-2 is the number following the letter "f" indicated on the Land Use District Maps.

Density

1380 1 Unless otherwise referenced in subsection (2), there is no maximum density.

2 The maximum density for parcels designated MU-2 is the number following the letter "d" indicated on the Land Use District Maps, expressed in units per hectare.

Building Height

1381 1 Unless otherwise referenced in subsections (2), (3) and (4), the maximum building height is the number following the letter "h" when indicated on the Land Use District Maps.

2 Where the parcel shares a side property line with a parcel designated as a low density residential district, H-GO, M-CG or M-G District the maximum building height:

56P2022

a is 11.0 metres measured from grade at the shared property line;

b increases at a 45 degree angle to a depth of 5.0 metres from the shared property line or to the number following the letter "h" indicated on the Land Use District Maps, whichever results in the lower building height; and

c increases to the number following the letter "h" indicated on the Land Use District Maps measured from grade at a distance greater than 5.0 metres from the shared property line.

3 Where the parcel shares a rear property line with a parcel designated as a low density residential district, H-GO, M-CG or M-G District the maximum building height:

56P2022

a is 7.5 metres measured from grade at the shared property line;

b increases at a 45 degree angle to a depth of 15.0 metres from the shared property line or to the number following the letter "h" indicated on the Land Use District Maps measured from grade, whichever results in the lower building height; and

c increases to the number following the letter "h" indicated on the Land Use District Maps measured from grade at a distance greater than 15.0 metres from the shared property line.

4 Where the parcel shares a property line with a lane that separates the parcel from a parcel designated as a low density residential district, H-GO, or M-CG District the maximum building height:

56P2022

a is 7.5 metres measured from grade at the property line that the parcel designated as a low density residential district, H-GO, M-CG or M-G District shares with the lane;

56P2022

b increases at a 45 degree angle to a depth of 11.0 metres from the property line shared with the lane or to the number following the letter "h" indicated on the Land Use District Maps, whichever results in the lower building height measured from grade; and

c increases to the number following the letter "h" indicated on the Land Use District Maps measured from grade at a distance greater than 11.0 metres from the property line shared with the lane.

Use Area

1382 1 The maximum use area of a Catering Service — Minor, or a Catering Service — Minor combined with any other use, is 300.0 square metres.

27P2021

2 The maximum public area for a Restaurant: Food Service Only or Restaurant: Licensed is 300.0 square metres.

Location of Uses Within Buildings

1383 The following uses must not be located on the ground floor of a building facing the commercial street:

a Addiction Treatment;

b Assisted Living;

c Catering Service — Minor;

d deleted

27P2021

e Custodial Care;

f Dwelling Unit;

f.1 Health Care Service;

27P2021

g Office;

h Place of Worship — Medium;

i Place of Worship — Small; and

j Residential Care.

Façade Width for Uses Facing a Street

1384 1 Unless otherwise referenced in subsections (2) and (3), the length of the building façade that faces a street containing an individual use on the floor closest to grade is a maximum of 15.0 metres.

2 For an individual Drinking Establishment — Medium, Drinking Establishment — Small, Restaurant: Food Service Only, Restaurant: Licensed, Retail and Consumer Service or Supermarket use located on the floor closest to grade, the length of the building façade that faces a street may be increased to 30.0 metres where all of the other uses that share the same façade meet the requirements of subsection (1).

27P2021

3 The length of the building façade that faces a street containing an individual Health Care Service, Financial Institution, Office or Payday Loan use on the floor closest to grade is a maximum of 9.0 metres.

25P2018, 27P2021

Setback Area

1385 1 Where a parcel shares a property line with a parcel designated as a low-density residential district, H-GO, M-CG or M-G:

56P2022

a the rear setback area must have a minimum depth of 6.0 metres;

b the side setback area must have a minimum depth of 3.0 metres;

c in all other cases there is no requirement for a setback area.

2 Where a parcel shares a property line:

a with a street or LRT corridor there is no requirement for a setback area;

b with a lane that separates the parcel from a parcel designated as a residential district or mixed use district, the setback area must have a minimum depth of 7.5 metres measured from the property line that the adjacent parcel designated as a residential district or mixed use district shares with the lane; and

c a lane in all other cases, there is no requirement for a rear setback area.

3 For the storey closest to grade, the maximum building setback from a property line shared with a street is 4.5 metres for 60 per cent of the length of the building façade that faces the street.

Illustration 11:

Building Height in the Mixed Use — Active Frontage (MU-2) District

Bylaw test

PART 14: MIXED USE DISTRICTS

Division 3: Mixed Use - Active Frontage (MU-2f#h#d#) District

Purpose

Permitted Uses

Discretionary Uses

Rules

Floor Area Ratio

Density

Building Height

Use Area

Location of Uses Within Buildings

Façade Width for Uses Facing a Street

Setback Area