Part 14: Mixed Use Districts

20P2017

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

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).

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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)        Accessory Food Service;

(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)        Restaurant: Food Service Only – Small;

(l)         Restaurant: Neighbourhood;

(m)      Retail and Consumer Service;

(n)       Specialty Food Store; and

(o)       Take Out Food Service.

(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)        Counselling Service;

(d)        Financial Institution;

(e)        Health Services Laboratory – With Clients;

(f)         Instructional Facility;

(g)        Medical Clinic;

(h)        Office;

(i)         Service Organization; and

(j)         Veterinary Clinic.

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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.

(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)        Accessory Liquor Service;

(b)        Addiction Treatment;

(c)        Amusement Arcade;

(d)        Assisted Living;

(e)        Billiard Parlour;

(f)         Brewery, Winery and Distillery;

(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;

(q)        Home Occupation – Class 2;

(r)         Hotel;

(s)         Indoor Recreation Facility;

(t)          Liquor Store;

(u)         Live Work Unit;

(v)         Market – Minor;

(w)        Medical Marihuana Counselling;

(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)       Restaurant: Food Service Only – Medium;

(ii)          Restaurant: Licensed – Medium;

(jj)          Restaurant: Licensed – Small;

(kk)        Seasonal Sales Area;

(ll)          Signs – Class C;

(mm)     Signs – Class E;

(nn)        Social Organization;

(oo)        Special Function – Class 2;

(pp)        Supermarket;

(qq)        Utility Building;

(rr)          Vehicle Rental – Minor; and

(ss)         Vehicle Sales – Minor.

49P2017

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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.

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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.

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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.

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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, M-CG or M-G District the maximum building height:

(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, M-CG or M-G District the maximum building height:

(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 or M-CG District the maximum building height:

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

(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.

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Use Area

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

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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)        Counselling Service;

(e)        Custodial Care;

(f)         Dwelling Unit;

(g)        Office;

(h)        Place of Worship – Medium;

(i)         Place of Worship – Small; and

(j)         Residential Care.

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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 – Medium, Restaurant: Food Service Only – Small, Restaurant: Neighbourhood, Restaurant: Licensed – Medium, Restaurant: Licensed – Small, 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).

(3)              The length of the building façade that faces a street containing an individual Financial Institution, Medical Clinic, Medical Marihuana Counselling, Office or Payday Loan use on the floor closest to grade is a maximum of 9.0 metres.

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Setback Area

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

(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.

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Illustration 11:

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

 

 

 

 

 

 

 

 

 

 

 

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