Part 14: Mixed Use Districts

      20P2017

Division 1: General Rules for Mixed Use Land Use Districts

Purpose

1333   The mixed use districts are intended to:

(a)        be characterized by buildings typically between four and six storeys in height and generally not exceeding ten storeys;

(b)        be characterized by street-oriented building design;

(c)        be characterized by buildings that provide a defined street wall typically two to six storeys in height and proportional to the width of the street;

(d)       have building façades with multiple uses and frequent entries at grade facing the commercial street;

(e)       have significant proportions of transparent glazing on building façades for street facing uses located at grade;

(f)        promote residential development:designed to be compatible with active, street-oriented commercial uses; and

(g)       achieve transition to lower scale residential buildings on adjacent parcels through building location, buildings massing and landscaping.

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Projections Into Setback Areas

1334    (1)              Unless otherwise referenced in subsections (3) (4), (5), (6), (7), (8) and (9) a building or air conditioning units must not be located in any setback area.

(2)              Portions of a building located above the surface of the ground may project into a setback area only in accordance with the rules contained in this section.

(3)              Portions of a building below the surface of the ground may extend without any limits into a setback area.

(4)              Patios and wheelchair ramps may project without any limits into a setback area.

(5)              Eaves may project a maximum of 0.6 metres, and window wells may project a maximum of 0.8 metres, into any setback area.

(6)              Landings not exceeding 2.5 square metres, ramps other than wheelchair ramps and unenclosed stairs may project into any setback area.

(7)              Where a parcel shares a property line with another parcel, air conditioning units may project a maximum of 1.5 metres into the setback area at the shared property line.

(8)              Signs may be located in any setback area, and where so located, must be in accordance with Part 3, Division 5.

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Building Separation

1335    (1)              Where the widest dimension of a balcony faces a property line shared with another parcel, the minimum setback of a balcony from the shared property line is 4.0 metres.

(2)              The façade of a building located above 23.0 metres from grade must provide a minimum horizontal separation of:

(a)        11.0 metres from the façade of any other building on the same parcel;

(b)         5.5 metres from a property line shared with another parcel; and

(c)        3.0 metres from a property line shared with a lane.

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Window Separation

1336    Each unit must have at least one window or door with a glazed area with a minimum dimension of 1.0 metre that provides an unobstructed outdoor view to a minimum depth of 6.0 metres measured perpendicular to the middle of the glazed area.

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Ground Floor Height

1337    (1)             Unless otherwise referenced in subsection (2), the minimum height of the ground floor of a building is 4.0 metres as measured vertically from the floor to the ceiling.

(2)              For a Dwelling Unit, there is no minimum height of the ground floor of a building.

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Street Wall Stepback

1338    Where the height of a building is greater than 23.0 metres measured from grade, the façade of the building within 6.0 metres of a property line shared with a street must have a horizontal separation from the portion of the façade closest to grade such that:

(a)        the horizontal separation has a minimum depth of 2.0 metres; and

(b)        the horizontal separation occurs between a minimum of 7.5 metres and a maximum of 23.0 metres measured from grade.

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Building Orientation

1339   Units and individual uses located at grade with an exterior wall facing a street must provide:

(a)         individual, separate, direct access to grade;

(b)         an entrance that is visible from the street; and

(c)         sidewalks that provide direct exterior access to the unit or the use.

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Rules for Façades Facing a Street

1340    (1)             The length of the building façade that faces the commercial street must be a minimum of 80.0 per cent of the length of the property line it faces.

(2)              In calculating the length of the building façade, the depth of any required rear or side setback areas will not be included as part of the length of the property line.

(3)              Lobbies or entrances for upper floor uses must not occupy more than 20% of the at grade façade facing a street. For laneless parcels, portions of façades dedicated to underground parking and loading entrances must not be included as part of the at grade façade for the purposes of this rule.

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Rules for Dwelling Units Facing a Street

1341    (1)              An entrance to an individual Dwelling Unit located at grade must be setback a minimum of 2.5 metres from a property line shared with a street.

(2)              The minimum height of the main floor of any portion of a Dwelling Unit located less than 3.0 metres from a property line shared with a street is 0.6 metres above grade.

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Rules for Commercial Uses Facing a Street

1342    (1)              Unless otherwise referenced in subsection (2), the façade of a building located on the floor closest to grade and facing a street must provide windows with unobscured glass that:

(a)        occupy a minimum of 65.0 per cent of the façade between a height of 0.6 metres and 2.4 metres; and

(b)        where the entire area described in subsection (a) allows views of the indoor space.

(2)              Where the façade of a building contains a Dwelling Unit, that portion of the façade is not required to meet the requirements of subsection (1).

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Internal Access to Uses

1343    The uses listed in the Residential Group of Schedule A to this Bylaw, with the exception of a Hotel, may only share an internal hallway with any other use in the Residential Group of Schedule A to this Bylaw, with the exception of a Hotel.

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General Landscaped Area Rules

1344    (1)            Landscaped areas must be provided in accordance with a landscape plan approved by the Development Authority.

(2)             A landscape plan for the entire development must be submitted as part of each development permit application where changes are proposed to the building or parcel, and must show at least the following:

(a)        the existing and proposed topography;

(b)       the existing vegetation and indicate whether it is to be retained or removed;

(c)       the layout of berms, open space systems, pedestrian circulation, retaining walls, screening, slope of the land, soft surfaced landscaped area and hard surfaced landscaped areas;

(d)       the types, species, sizes and numbers of plant material and the types of hard surfaced landscaped areas;

(e)       details of the irrigation system;

(f)         for landscaped areas with the Low Water Landscaping Option details of the low water irrigation system, including extent of water delivery; and

(g)        for landscaped areas with a building below, the following additional information must be provided:

(i)          the location of underlying slabs and abutting walls;

(ii)         cross-sections detailing the waterproofing membranes, protection board, insulation and drainage layer;

(iii)        depths of the growing medium for each planting area;

(iv)        the mature height and spread of all trees and shrubs; and

(v)         the means of irrigating the planting areas.

(3)              The landscaped areas shown on the landscape plan approved by the Development Authority must be maintained on the parcel for so long as the development exists.

(4)              All soft surfaced landscaped area must be irrigated by an underground irrigation system, unless otherwise provided by a  low water irrigation system.

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Low Water Irrigation System

1345    When a low water irrigation system is provided:

(a)        only trees and shrubs must be irrigated and the extent of water delivery must be confined to the tree and shrub area; and

(b)         trees and shrubs that have similar water consumption requirements must be grouped together.

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Planting Requirements

1346     (1)             All plant materials must be of a species capable of healthy growth in Calgary and must conform to the standards of the Canadian Nursery Landscape Association.

(2)             Deciduous trees must have a minimum calliper of 50 millimetres and at least 50.0 per cent of the provided deciduous trees must have a minimum calliper of 75 millimetres at the time of planting.

(3)              Coniferous trees must have a minimum height of 2.0 metres and at least 50.0 per cent of the provided coniferous trees must be a minimum of 3.0 metres in height at the time of planting.

(4)             Shrubs must be a minimum height or spread of 0.6 metres at the time of planting.

(5)             For landscaped areas with a building below, planting areas must have the following minimum soil depths:

(a)      1.2 metres for trees;

(b)      0.6 metres for shrubs; and

(c)      0.3 metres for all other planting areas.

(6)             The soil depths referenced in subsection (5) must cover an area equal to the mature spread of the planting material.

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Additional Landscaping Requirements

1347    (1)             Unless otherwise referenced in a District, all areas on a parcel, not including those portions specifically required for motor vehicle access, sidewalks, or any other purpose allowed by the Development Authority, must be a soft surfaced landscaped area.

(2)             A public sidewalk must be located along the entire length of each property line shared with a street.

(3)             Every building on a parcel must have at least one sidewalk connecting the public entrance to a public sidewalk.

(4)             Where a building contains more than one use, every use that has an exterior public entrance must either:

(a)        have a sidewalk connecting the public entrance to the sidewalk required by subsection (3); or

(b)        have a sidewalk connecting that public entrance to a public sidewalk.

(5)             Every building on a parcel must have at least one sidewalk connecting the parking area to the public entrances of the building.

(6)             Every sidewalk provided must:

(a)        be a hard surfaced landscaped area;

(b)        be a minimum width of:

(i)       0.9 metres for a sidewalk providing access to an individual unit;

(ii)      1.5 metres for a sidewalk providing access to a shared residential entrance or more than one unit; or

(iii)      2.0 metres in all other cases; and

(c)        have different surfacing than the surfacing of the parking areas on the parcel.

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Landscaping in Setback Areas

1348    (1)             Where a setback area shares a property line with another parcel designated as a residential district, the setback area:

(a)        must be landscaped with a soft surface landscaped area;

(b)        may include a sidewalk along the length of the building;

(c)        may include a patio; and

(d)        must provide a minimum of 1.0 trees and 2.0 shrubs for every 45.0 square metres.

(2)             Where a setback area shares a property line with a lane, the portion of the setback area not required for access from the lane must be landscaped with a soft surface landscaped area and may include a sidewalk.

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Residential Amenity Space

1349    (1)             Amenity space may be provided as common amenity space, private amenity space or a combination of both.

(2)              The required minimum amenity space is 5.0 square metres per unit.

(3)              When the private amenity space provided is 5.0 square metres or less per unit, that specific area will be included to satisfy the amenity space requirement.

(4)             When the private amenity space exceeds 5.0 square metres per unit, only 5.0 square metres per unit must be included to satisfy the amenity space requirement.

(5)              Private amenity space  must:

(a)        be in the form of a balcony, deck or patio; and

(b)        have no minimum dimensions of less than 2.0 metres.

(6)              Common amenity space:

(a)        may be provided as common amenity space – indoors and as common amenity space – outdoors;

(b)        must be accessible from all the units; and

(c)        must have a contiguous area of not less than 50.0 square metres, with no dimension less than 6.0 metres.

(7)             A minimum of 50.0 per cent of the required amenity space must be provided outdoors.

(8)             Common amenity space – outdoors must provide a balcony, deck or patio and at least one of the following as permanent features:

(a)        a barbeque; or

(b)        seating.

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Motor Vehicle Parking Stall Requirements

1350   The minimum number of motor vehicle parking stalls:

(a)        for each Dwelling Unit is:

(i)         0.75 stalls per unit for resident parking; and

(ii)        0.1 visitor parking stalls;

(b)        for each Live Work Unit is:

(i)         0.5 stalls per unit for resident parking; and

(ii)        0.5 visitor parking stalls;

(c)        for an Office, when located on floors above the ground floor is:

(i)         1.0 stall per 100.0 square metres of gross usable floor area; and

(ii)        the cumulative number of stalls referenced in subsection (i) must be reduced by 0.75 stalls per 50.0 square metres of total gross usable floor area to a maximum reduction of 1.5 stalls;

(d)        for a Drinking Establishment – Small, Restaurant: Food Service Only – Small and Restaurant: Licensed – Small, is 1.7 stalls per 10.0 square metres of public area;

(e)        for a Convenience Food Store, Information and Service Provider, Pet Care Service, Print Centre, Retail and Consumer Service and Specialty Food Store is:

(i)         2.0 stalls per 100.0 square metres of total gross usable floor area; and

(ii)        the cumulative number of stalls referenced in subsection (i) are reduced by 1.0 stall per 50.0 square metres of total gross usable floor area located on the ground floor to a maximum reduction of 3.0 stalls;

(f)         for a Fitness Centre, Medical Clinic, Amusement Arcade, Billiard Parlour, Indoor Recreation Facility and Liquor Store is 4.0 stalls per 100.0 square metres of total gross usable floor area; and

(g)        for all other uses is the minimum requirement referenced in Part 4.

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Excess Motor Vehicle Parking Stalls

1351    Where the number of motor vehicle parking stalls provided for uses, not including Dwelling Units or Live Work Units, is in excess of 6.0 stalls per 100.0 square metres of gross usable floor areaa, those excess stalls must be located in either underground or structured parking.

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Reduction for Transit Supportive Development

1352    The required number of motor vehicle parking stalls in section 1350 is reduced by 25.0 per cent when the use is located in a building located within 600.0 metres of an existing or approved capital funded LRT platform or within 150.0 metres of frequent bus service.

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Required Bicycle Parking Stalls

1353    (1)             The minimum number of bicycle parking stalls – class 1 for:

(a)        each Dwelling Unit and Live Work Unit is:

(i)          no requirement where the number of units is less than 20; and

(ii)          0.5 stalls per unit when the total number of units equals or exceeds 20; and

(b)        all other uses is the minimum requirement referenced in Part 4.

(2)            The minimum number of bicycle parking stalls – class 2 for:

(a)        each Dwelling Unit and Live Work Unit is:

(i)         2.0 stalls for developments of 20 units or less; and

(ii)         0.1 stalls per unit for developments of more than 20 units; and

(b)        all other uses is 5.0 per cent of the minimum number of motor vehicle parking stalls.

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Reduction for Bicycle Supportive Development

1354    The total number of motor vehicle parking stalls required by section 1350 for all of the units within the development is reduced by 0.25  motor vehicle parking stalls for each additional bicycle parking stalls – class 1 provided in excess of the number of  bicycle parking stalls – class 1  required in section 1353 to a maximum of 25 per cent of the total number of motor vehicle parking stalls required by section 1350 for all of the units within the development.

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Vehicle Access

1355    (1)             Unless otherwise referenced in subsections (2) and (3), where the parcel shares a rear property line or side property line with a public lane, all vehicle access to the parcel must be from the public lane.

(2)             Where a parcel shares a rear or side property line with a public lane, but access from the public lane is not physically feasible due to elevation differences between the parcel and the public lane, vehicle access may be from a street.

(3)              Motor vehicle parking stalls and loading stalls must not be located between a building and a street.

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Accessory Residential Building

1356    (1)              An Accessory Residential Building:

(a)        may have an amenity space in the form of a deck or a patio; and

(b)        must not be located between any building and a public street.

(2)              The maximum gross floor area of an Accessory Residential Building is:

(a)         75.0 square metres, when approved for storage, garbage containers and recycling facilities; and

(b)         100.0 square metres, when approved and used as a private garage.

(3)             The maximum height for an Accessory Residential Building is 5.0 metres measured from grade.

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Objects Prohibited or Restricted

1357    (1)              A recreational vehicle must not remain in an actual front setback area for longer than 24 hours.

(2)              A trailer used for the transport of anything, including but not limited to, construction materials, household goods, livestock, off road vehicles, and waste, must not remain in an actual front setback area, except while engaged in loading or unloading.

(3)              A dilapidated vehicle must not remain outside of a building.

(4)              Vehicles may only be parked in the actual front setback area when the vehicle is located on a driveway or a motor vehicle parking stall that is hard surfaced.

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Garbage

1358    (1)             Garbage containers and waste material must be stored either:

(a)        inside a building; or

(b)        in a garbage container enclosure approved by the Development Authority.

(2)              A garbage container enclosure must not be located between a building and a public street.

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Recycling Facilities

1359    Recycling facilities must be provided for every development containing Dwelling Units.

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Mechanical Screening

1360    Mechanical systems or equipment that are located outside of a building must be screened.

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Visibility Setback

1361    Within a corner visibility triangle, buildings, fences, finished grade of a parcel and vegetation must not be located between 0.75 metres and 4.6 metres above the lowest elevation of the street.

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Fences

1362    The height of a fence above grade, at any point along a fence line, must not exceed:

(a)        1.2 metres for that portion of the fence extending beyond the foremost portion of all buildings on the parcel;

(b)        2.0 metres for that portion of the fence that does not extend beyond the foremost portion of all buildings on the parcel; and

(c)        2.5 metres to the highest point of a gateway, provided that the gateway does not exceed 2.5 metres in length.

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Solar Collectors

1363    (1)             A solar collector may only be located on the wall or roof of a building.

(2)             A solar collector mounted on a roof with a pitch of less than 4:12:

(a)       may project a maximum of 2.0 metres from the surface of the roof; and

(b)       must be located at least 1.0 metres from the edge of the roof.

(3)             A solar collector mounted on a roof with a pitch of 4:12 or greater:

(a)       may project a maximum of 1.3 metres from the surface of the roof; and

(b)       must not extend beyond the outermost edge of the roof.

(4)              A solar collector that is mounted on a wall:

(a)        must be located a minimum of 2.4 metres above grade; and

(b)        may project a maximum of 0.6 metres from the surface of that wall.

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Parcel Access

1364     All developments must comply with the Controlled Streets Bylaw.

 

 

 

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