Bylaw test

Interpretation

32P2009

130 1 Unless otherwise referenced in subsection (7), every definition relating to a use is the exclusive definition of that use.

2 Every use is classified as belonging to a group of uses as set out in Schedule A to this Bylaw, which is referenced only to compare and contrast related uses.

3 All subsections and clauses that precede the subsection indicating within which group of uses a use belongs in Schedule A are part of the definition of that use and must not be relaxed in accordance with section 40. All subsections and clauses that follow the use classification are rules and may be relaxed at the discretion of the Development Authority, in accordance with section 31 or 36, unless this Bylaw specifically provides that it is a rule that must not be relaxed.

4 Unless otherwise referenced in subsection (7), the use definitions must not be interpreted to include a development that clearly falls within another defined use.

5 Where a development is capable of being more than one use, the use under which the development more clearly fits must govern.

6 Every definition of a use must be read to allow for all things necessary or customary for the use and includes ancillary functions, such as, but not limited to, reception and administration areas, storage areas, toilet facilities, staff rooms, loading and unloading facilities and the storage of fleet vehicles.

14P2010

7 Where this Part contains a definition or rules for a use that expressly includes another use or allows for another use to be combined with it, the other use must be read to be part of the defined use.

8 Where a use definition references examples to aid in the interpretation of the use they are not intended to be exclusive or restrictive unless otherwise stated in the use definition.

Identification of Proposed Uses within a Development Permit Application

131 1 When a proposed development is not a listed use within the applicable land use district the development permit application must be refused.

67P2008

2 When a proposed development includes multiple uses, subject to any restrictions on use combinations contained within this Bylaw, the Development Authority must issue a single development permit listing each approved use.

3 The Development Authority must consider a proposed development as a discretionary use in accordance with the requirements of Part 2, Division 5 if the development permit application is for:

13P2008

a multiple uses including at least one discretionary use that is not a sign; or

71P2008

b a permitted use which shares a use area with a discretionary use.

Commencement of Development for a Development Permit Authorizing Multiple Uses

132 Where a development permit application for multiple uses is approved, the provisions respecting commencement of development referenced in section 44 apply to all uses approved by the development permit.

Rules for All Uses

133 1 In addition to all of the setback area rules required by this Bylaw, the Development Authority must ensure that all the setback requirements contained within the Subdivision and Development Regulation are satisfied.

2 Unless otherwise specified in a District, any required motor vehicle parking stalls, visitor parking stalls, bicycle parking stalls — class 1 and bicycle parking stalls — class 2 is specified in each use definition in this Part.

48P2020

2.1 Where a District or use does not require a minimum number of required motor vehicle parking stalls:

48P2020

i the applicant for a development may provide motor vehicle parking stalls, and the applicant must indicate on the development permit application plans the number of provided motor vehicle parking stalls.

3 Unless otherwise referenced in this section, a change of use must satisfy the minimum motor vehicle parking stall requirement in effect for that use as of the date of the change of use.

32P2020

3.1 A change of use to a permitted use where located in an existing approved building in the M-H1, M-H2, M-H3, MU-1, MU-2, M-X1, M-X2 districts, all commercial districts and all industrial districts is not required to satisfy the minimum motor vehicle parking stall requirement.

32P2020

4 A change of use is not required to provide any bicycle parking stalls or loading stalls where it occurs in a building that was legally constructed or approved.

12P2012

5 A building may be constructed using modular construction methods but a Manufactured Home does not qualify as modular construction.

6 The production, processing, storage or sale of cannabis can only occur where it has been approved through a development permit for a use where it is specifically allowed in the use definition or rules.

25P2018

Uses Not Listed But Allowed in All Districts

134 1 The following uses are permitted uses in all Districts, regardless of whether they are listed in the District:

a Motion Picture Filming Location;

b Public Transit System;

1P2009

b.1 Special Function — Class 1; and

4P2012

c Utilities — Linear.

1P2009

2 The following uses are discretionary uses in all Districts, regardless of whether they are listed in the District:

41P2009

a Excavation, Stripping and Grading;

16P2018

b Recyclable Construction Material Collection Depot (temporary); and

16P2018

c Parking Lot - Structure for a Public Transit System.

16P2018

Deemed Uses

32P2009

134.1 1 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the General Industrial — Light use when the use is located in, or the Direct Control District references, the I-C, I-E, I-G or I-R Districts:

a Animal Feed Processor — Class 1;

b Brewery and Distillery — Class 1;

c Contractor's Shop — Class 1;

d Food and Beverage Processor — Class 1;

e Health Services Laboratory — Without Clients;

f Household Appliance and Furniture Repair Service;

g Industrial Design and Testing — Inside;

h Industrial Repair and Service — Inside;

i Manufacturer — Class 1;

j Printing, Publishing and Distributing;

44P2022

j.1 Specialized Industrial; and

44P2022

k Warehouse — Storage Only.

2 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the General Industrial — Medium use when the use is located in, or the Direct Control District references, the I-C, I-E, I-G or I-R Districts:

a Animal Feed Processor — Class 2;

b Brewery & Distillery — Class 2;

c Contractor's Shop — Class 2;

d Food and Beverage Processor — Class 2;

e Industrial Design and Testing — Outside;

f Industrial Repair and Service — Outside; and

g Manufacturer — Class 2.

3 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Specialized Industrial use when the use is located in, or the Direct Control District references, the S-URP District:

44P2022

a Industrial Design and Testing — Inside;

b Industrial Repair and Service — Inside;

c Manufacturer — Class 1; and

d Health Services Laboratory — Without Clients.

4 In any development permit or Direct Control District approved after the effective date of this Bylaw:

a Manufacturer — Class 3 is deemed to be the General Industrial — Heavy use;

b Instructional Facility — Inside and Instructional Facility — Outside are deemed to be the Instructional Facility use;

c Large Vehicle Sales is deemed to be the Large Vehicle and Equipment Sales use;

d Auto Wrecker is deemed to be the Salvage Yard use;

e Recycling Plant is deemed to be the Salvage Yard use when any part of the processes or functions related to the use are located outside of a building;

44P2022

f Recycling Plant is deemed to be the General Industrial — Light use when all of the processes and functions associated with the use are contained within a fully enclosed building;

44P2022

g Waste Disposal and Treatment Facility is deemed to be the Hazardous Waste Management Facility use when hazardous waste that is produced off-site is collected, stored, treated, or disposed of;

44P2022

h Waste Disposal and Treatment Facility is deemed to be the Landfill use when waste, other than hazardous waste, is disposed of by placing it on or in land;

44P2022

i Waste Disposal and Treatment Facility is deemed to be the Waste Storage Site use when waste, other than hazardous waste, is stored in piles or inside buildings before being transported to another parcel for treatment or disposal; and

44P2022

j Equipment Yard is deemed to be the Storage Yard use.

44P2022

5 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Retail and Consumer Service use:

39P2010

a Beauty and Body Service;

b Household Appliance and Furniture Repair Service;

c Personal Apparel Service;

d Photographic Studio;

e Proshop;

f Retail Store; and

g Video Store.

6 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Backyard Suite use:

24P2014

a Secondary Suite — Detached Garage; and

b Secondary Suite — Detached Garden.

7 In any development permit or Direct Control District approved after the effective date of this Bylaw, a Beverage Container Drop-Off Depot is deemed to be the Recyclable Material Drop-Off Depot.

16P2018

8 In any development permit or Direct Control District approved after the effective date of this Bylaw:

25P2018

a deleted

27P2021

b Medical Marihuana Production Facility is deemed to be the Cannabis Facility use.

9 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Health Care Service use:

27P2021

a Cannabis Counselling;

b Counselling Service;

c Health Care Services Laboratory — With Clients; and

d Medical Clinic.

10 In any development permit or Direct Control District approved after the effective date of this Bylaw, Market is deemed to be Retail and Consumer Service.

27P2021

11 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Restaurant: Food Service Only use:

27P2021

a Restaurant Food Service — Large;

b Restaurant Food Service — Medium;

65P2023

c Restaurant Food Service — Small; and

65P2023

d Take Out Food Service when liquor is not served or sold on the premises.

65P2023

12 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Restaurant: Licensed use:

27P2021

a Restaurant: Licensed — Large;

b Restaurant: Licensed — Medium;

c Restaurant: Licensed — Small;

65P2023

d Restaurant: Neighbourhood; and

65P2023

e Take Out Food Service when liquor is served or sold on the premises

65P2023

13 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Vehicle Storage use:

44P2022

a Vehicle Storage – Large;

b Vehicle Storage – Passenger; and

c Vehicle Storage – Recreational.

14 In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the General Industrial – Light use when the use is located in, or the Direct Control district references the I-B District:

44P2022

a Specialized Industrial.

Pop-up Uses

42P2019

134.2 1 In this section and in section 25, "pop-up uses" means any one or more of the following:

a Amusement Arcade;

b Artist's Studio;

c Auction Market - Other Goods;

d Billiard Parlour;

d1 Catering Service — Minor;

32P2020

e Cinema;

f Computer Games Facility;

g Conference and Event Facility;

h deleted

27P2021

i Fitness Centre;

i.1 Food Kiosk;

32P2020

i.2 Health Care Service;

27P2021

j Indoor Recreation Facility;

k Information and Service Provider;

l Instructional Facility;

m Library;

n deleted

27P2021

o deleted

27P2021

p Museum;

q Office;

r Performing Arts Centre;

s Pet Care Service;

t Print Centre;

t.1 Restaurant: Food Service Only;

27P2021

t.2 deleted

27P2021

t.3 deleted

27P2021

t.4 Restaurant: Licensed;

27P2021

t.5 deleted

27P2021

t.6 deleted

27P2021

t.7 deleted

27P2021

u Retail and Consumer Service;

v Specialty Food Store;

v.1 deleted

32P2020, 65P2023

w Veterinary Clinic; and

x educational, recreational, sporting, social, and worship activity that includes, but is not limited to a wedding, circus, birthday, trade show, and ceremony.

2 "Pop-up uses" may occur where:

a the "pop-up uses" are located:

i in M-H1, M-H2, M-H3, M-X1, M-X2, in all commercial districts, in I-G, I-B, I-E, I-C, I-R, in all mixed use districts, in CC-MHX, CC-ET, CC-EIR, CC-EMU, CC-EPR, and CR20-C20/R20; and

ii on a parcel designated as a Direct Control District, designated after the effective date of this Bylaw, and the Direct Control District is based on the land use districts listed in subsection (i);

b the "pop-up uses" operate, excluding the time used to erect the activity, for a maximum of:

i 4 consecutive days; and

ii 50 cumulative days in a calendar year;

c the use area is located on the ground floor of a building or within an enclosed shopping mall; and

d may display merchandise related to the use outside of a building, provided the merchandise does not impede pedestrian movement.

32P2020

Interim Uses

42P2019

134.3 1 In this section and in section 25, "interim uses" means any one or more of the following:

a Artist's Studio;

a.1 Catering Service — Minor;

32P2020

a.2 Food Kiosk;

32P2020

a.3 Fitness Centre;

32P2020

a.4 Indoor Recreation Facility;

32P2020

b Information and Service Provider;

b.1 deleted

32P2020, 27P2021

c Office;

d Print Centre;

d.1 Restaurant: Food Service Only;

27P2021

d.2 deleted

27P2021

d.3 deleted

27P2021

d.4 Restaurant: Licensed;

27P2021

d.5 deleted

27P2021

d.6 deleted

27P2021

d.7 deleted

27P2021

e Retail and Consumer Service; and

65P2023

f Specialty Food Store.

65P2023

g deleted

32P2020, 65P2023

2 "interim uses" may occur where:

a the "Interim Uses" are located:

i in M-H1, M-H2, M-H3, M-X1, M-X2, in all commercial districts, in I-B, I-E, I-C, in all mixed use districts, in CC-MHX, CC-ET, CC-EIR, CC-EMU, CC-EPR, and CR20-C20/R20; and

ii on a parcel designated as a Direct Control District, designated after the effective date of this Bylaw, and the Direct Control District is based on the land use districts listed in subsection (i);

b the "interim uses" operate, excluding the time used to erect the activity, for a maximum of:

i 6 consecutive months; and

ii 6 months in a calendar year;

c the use area is located on the ground floor of a building or within an enclosed shopping mall; and

d may display merchandise related to the use outside of a building, provided the merchandise does not impede pedestrian movement.

32P2020

Defined Terms

135 In this Bylaw, the following terms have the following meanings.

136 deleted

65P2023

137 deleted

65P2023

138 "Accessory Residential Building"

a means a use where a building:

12P2010, 5P2013, 44P2013, 24P2014

i accommodates a use that is subordinate to the main residential use on a parcel;

ii is not attached to a main residential building except where the attachment is entirely below grade or directly below a patio; and

iii may be attached to a Backyard Suite on a parcel where a Backyard Suite is a listed use in the applicable land use district;

15P2016

b is a use within the Subordinate Use Group in Schedule A to this Bylaw;

c does not require motor vehicle parking stalls; and

d does not require bicycle parking stalls — class 1 or class 2.

139 "Addiction Treatment"

a means a use:

i where one or more persons with alcohol, drug or similar addiction issues live under the care or supervision of professional health or counselling care providers; and

ii that has at least one staff person at the facility at all times;

b is a use within the Care and Health Group in Schedule A to this Bylaw;

c may have a maximum of 10 residents when located in a low density residential district;

d requires a minimum of 1.0 motor vehicle parking stalls per three (3) residents; and

e does not require bicycle parking stalls — class 1 or class 2.

140 "Adult Mini-Theatre"

a means a use:

i where live performances, motion pictures, video tapes, video discs, slides or any type of electronic or photographic reproductions, the main feature of which is the nudity or partial nudity of any person, are performed or shown;

ii that may operate in conjunction with another approved use;

iii where each separate viewing area has a maximum viewing capacity of 20 seats; and

iv that must be approved only on a parcel designated as a Direct Control District that specifically includes Adult Mini-Theatre as a use;

b is a use within the Direct Control Uses Group in Schedule A to this Bylaw;

c must be located in a building at least 460.0 metres from the property line of any parcel that:

i is designated as a residential district;

ii has an existing School Authority — School or School — Private;

iii has a Place of Worship;

iv has a Park or Natural Area;

v has any use that may have a playground as an element of the use; or

vi has an existing Adult Mini-Theatre; and

d requires a minimum number of motor vehicle parking stalls based on a parking study required at the time of land use redesignation application.

141 "Amusement Arcade"

a means a use where four or more mechanical or electronic games are kept for the purpose of furnishing entertainment or amusement to the public for a fee;

b is a use within the Culture and Leisure Group in Schedule A to this Bylaw;

c must not have any openings, except emergency exits, loading bay doors or non-opening windows, on a façade that faces a residential district or abuts a lane separating the parcel from a residential district;

d deleted

48P2020

e does not require bicycle parking stalls — class 1; and

f requires a minimum of 1.0 bicycle parking stalls — class 2 per 250.0 square metres of gross usable floor area.

142 deleted

32P2009

143 deleted

32P2009

144 "Artist's Studio"

a means a use:

i where art is produced by individuals;

ii that may include the instruction of the art to one person at a time; and

iii that may include the sale of art pieces produced by that use;

b is a use within the General Industrial Group in Schedule A to this Bylaw;

32P2009

c deleted

48P2020

d does not require bicycle parking stalls — class 1; and

e requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

145 "Asphalt, Aggregate and Concrete Plant"

a means a use:

i where rock, gravel, sand and other earth material is sorted and stockpiled;

ii where rock may be crushed;

iii where asphalt may be produced;

iv where cement may be mixed;

v where part of the process associated with the use may be located outside of a building;

vi where there may be conveyor belts, cranes, piping, silos, or any other machinery necessary for the processing of the use;

vii that may accommodate the packaging or shipping of the products made as part of the use; and

viii that may have a building for administrative functions associated with the use;

b is a use within the General Industrial Group in Schedule A to this Bylaw;

32P2009

c deleted

48P2020

d does not require bicycle parking stalls — class 1; and

e requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

146 "Assisted Living"

24P2011

a means a use:

i that has five (5) or more residents;

ii that may contain Dwelling Units within a facility;

iii that may contain individual rooms having a washroom, bedroom and a sitting area that accommodates residents within a facility;

iv where there is one or more communal kitchens and dining rooms;

v where there may be limited on-site health care facilities for the exclusive use of the residents;

vi where residents may receive limited human health services from on-site health care providers;

vii where communal social and recreation activities are provided within the building or outside; and

viii that may include a manager's suite and administrative office;

b is a use within the Residential Group in Schedule A to this Bylaw;

c may have a maximum of ten (10) residents when located in a low density residential district;

d is not subject to the density requirement of a district;

e requires a minimum of 1.0 motor vehicle parking stalls per three (3) residents; and

f does not require bicycle parking stalls — class 1 or class 2.

147 "Auction Market — Other Goods"

a means a use:

i where an array of goods are sold by bids from an audience through an auctioneer;

ii where items sold are not large vehicles, passenger vehicles, recreational vehicles, motorized equipment or equipment intended to be pulled by a motorized vehicle;

iii where the items sold do not include live animals; and

iv that may be entirely within a building or outside of a building;

b is a use within the Sales Group in Schedule A to this Bylaw;

c deleted

48P2020

d does not require bicycle parking stalls — class 1; and

e requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

148 "Auction Market — Vehicles and Equipment"

a means a use:

i where a variety of goods are sold by bids from an audience through an auctioneer;

ii where items sold are large vehicles, passenger vehicles, recreational vehicles, motorized equipment or equipment intended to be pulled by a motorized vehicle;

iii where the items sold do not include live animals; and

iv that may be entirely within a building or outside of a building;

b is a use within the Sales Group in Schedule A to this Bylaw;

c deleted

16P2018

d deleted

48P2020

e does not require bicycle parking stalls — class 1; and

f requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

149 "Auto Body and Paint Shop"

a means a use where motor vehicle bodies are repaired or painted;

b is a use within the Automotive Group in Schedule A to this Bylaw;

c must not be located within 20.0 metres of a residential district, when measured from the building containing the use to the nearest property line of a parcel designated as a residential district;

d must orient any building on the parcel to minimize any potential adverse affects on adjacent uses;

e must have service bay doors oriented away from an adjacent residential district;

f must keep service bay doors closed, except when being used by vehicles to exit or enter the service bay;

g may have activities associated with the use, auto parts, equipment, scrap, and other materials located outside of a building, provided they are within a screened enclosure that must be:

i deleted

16P2018

ii located where, in the opinion of the Development Authority, it is least likely to adversely affect neighbouring properties; and

iii constructed of materials and to the standards required by the Development Authority;

h must not keep vehicles outside of a building or screened enclosure for more than 72 consecutive hours;

i deleted

13P2009

j deleted

13P2009

k deleted

48P2020

l does not require bicycle parking stalls — class 1; and

m requires a minimum of 2.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

150 "Auto Service — Major"

a means a use:

i where motor vehicles with a gross vehicle weight equal to or less than 4536 kilograms are serviced and repaired in a building; and

67P2008, 71P2008, 44P2013, 29P2016

ii that is capable of servicing or repairing four or more motor vehicles at a time;

67P2008

iii deleted

67P2008

b is a use within the Automotive Service Group in Schedule A to this Bylaw;

c deleted

67P2008

d must not manufacture or re-manufacture auto parts for retail or wholesale distribution;

e must orient any building on the parcel to minimize any potential adverse affects on adjacent uses;

f must have service bay doors oriented away from an adjacent residential district;

g must keep service bay doors closed, except when being used by vehicles to exit or enter the service bay;

h must not have any vehicle exiting doors located within 23.0 metres of a residential district, when measured to the nearest property line of a parcel designated as a residential district;

47P2008

i may have activities associated with the use, equipment, scrap, auto parts and other materials located outside of a building, provided they are within a screened enclosure that must be:

i deleted

16P2018

ii located where, in the opinion of the Development Authority, it is least likely to adversely affect neighbouring properties; and

iii constructed of materials and to the standards required by the Development Authority;

j must not keep vehicles outside of a building or screened enclosure for more than 72 consecutive hours;

k deleted

48P2020

l does not require bicycle parking stalls — class 1; and

m requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

151 "Auto Service — Minor"

a means a use:

i where motor vehicles with a gross vehicle weight equal to or less than 4536 kilograms are serviced and repaired in a building; and

67P2008, 71P2008, 44P2013, 29P2016, 16P2018

ii where no more than three motor vehicles are capable of being serviced or repaired at a time;

67P2008

iii deleted

67P2008

b is a use within the Automotive Service Group in Schedule A to this Bylaw;

b.1 must not have more than 200 square metres of floor area designated for the servicing of motor vehicles, excluding areas used for administration and storage;

67P2008, 16P2018

c deleted

67P2008

d must not manufacture or re-manufacture auto parts for retail or wholesale distribution;

e must orient any building on the parcel to minimize any potential adverse affects on adjacent uses;

f must have service bay doors oriented away from an adjacent residential district;

g must keep service bay doors closed, except when being used by vehicles to exit or enter the service bay;

h must not have any vehicle exiting doors located within 23.0 metres of a residential district, when measured to the nearest property line of a parcel designated as a residential district;

47P2008

i may have activities associated with the use, auto parts, equipment, scrap, and other materials located outside of a building, provided they are within a screened enclosure that must be:

i deleted

16P2018

ii located where, in the opinion of the Development Authority, it is least likely to adversely affect neighbouring properties; and

iii constructed of materials and to the standards required by the Development Authority;

j must not keep vehicles outside of a building or screened enclosure for more than 72 consecutive hours;

k deleted

48P2020

l does not require bicycle parking stalls — class 1; and

m requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

Interpretation

Identification of Proposed Uses within a Development Permit Application

Commencement of Development for a Development Permit Authorizing Multiple Uses

Rules for All Uses

Uses Not Listed But Allowed in All Districts

Deemed Uses

Pop-up Uses

Interim Uses

Division 2: Defined Uses

Defined Terms

Bylaw test

PART 4: USES AND USE RULES

Division 1: General Provisions