PART 4: USES AND USE RULES

Division 1: General Provisions

Interpretation

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.

(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.

32P2009, 14P2010

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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.

(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:

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

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

13P2008, 67P2008, 71P2008

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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.

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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, the minimum number of required motor vehicle parking stalls, visitor parking stalls, bicycle parking stalls – class 1 and bicycle parking stalls – class 2 is the requirement specified in each use definition in this Part.

(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.

(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.

(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.

(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.

12P2012, 25P2018, 32P2020

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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;

(b.1)     Special Function – Class 1; and

(c)        Utilities – Linear.

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

(a)        Excavation, Stripping and Grading;

(b)        Recyclable Construction Material Collection Depot (temporary); and

(c)        Parking Lot - Structure for a Public Transit System.

1P2009, 41P2009, 4P2012, 16P2018

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Deemed Uses

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; and

(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.

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(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 I-B or S-URP Districts:

(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; and

(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.

(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:

(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:

(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.

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

(a)       Medical Marihuana Counselling is deemed to be the Cannabis Counselling use; and

 

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

 

39P2010, 24P2014, 16P2018, 25P2018

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Pop-up Uses

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;

(e)        Cinema;

(f)         Computer Games Facility;

(g)        Conference and Event Facility;

(h)        Counselling Service;

(i)         Fitness Centre;

(i.1)      Food Kiosk;

(j)         Indoor Recreation Facility;

(k)        Information and Service Provider;

(l)         Instructional Facility;

(m)       Library;

(n)        Market;

(o)        Medical Clinic;

(p)        Museum;

(q)        Office;

(r)         Performing Arts Centre;

(s)        Pet Care Service;

(t)         Print Centre;

(t.1)      Restaurant: Food Service Only – Large;

(t.2)      Restaurant: Food Service Only – Medium;

(t.3)      Restaurant: Food Service Only – Small;

(t.4)      Restaurant: Licensed – Large;

(t.5)      Restaurant: Licensed – Medium;

(t.6)      Restaurant: Licensed – Small;

(t.7)      Restaurant: Neighbourhood;

(u)        Retail and Consumer Service;

(v)        Specialty Food Store;

(v.1)     Take Out Food Service;

(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.

42P2019, 32P2020

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Interim Uses

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;

(a.2)     Food Kiosk;

(a.3)     Fitness Centre;

(a.4)     Indoor Recreation Facility;

(b)        Information and Service Provider;

(b.1)     Market;

(c)        Office;

(d)        Print Centre;

(d.1)     Restaurant: Food Service Only – Large;

(d.2)     Restaurant: Food Service Only – Medium;

(d.3)     Restaurant: Food Service Only – Small;

(d.4)     Restaurant: Licensed – Large;

(d.5)     Restaurant: Licensed – Medium;

(d.6)     Restaurant: Licensed – Small;

(d.7)     Restaurant: Neighbourhood;

(e)        Retail and Consumer Service;

(f)         Specialty Food Store; and

(g)        Take Out Food Service.

(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.

42P2019, 32P2020

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