PART 4: USES AND USE RULES

Division 2: Defined Uses 

Defined Uses A to C

Defined Uses D to H

Defined Uses I to L

Defined Uses M to O

Defined Uses P to S

Defined Uses T to Z

Defined Terms

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

136     “Accessory Food Service”

(a)        means a portion of a premises used for the sale and consumption of food for the patrons of, and located within, another approved use;

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

(c)        may have a maximum floor area of 15.0 square metres to accommodate food preparation and seating area;

(d)        must operate only in conjunction with another approved use;

(e)        must not have an independent customer access from the building in which the use is located;

(f)        does not require motor vehicle parking stalls; and

(g)        does not require bicycle parking stalls – class 1 or class 2.

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137      “Accessory Liquor Service”

(a)        means a portion of a premises used for the sale and consumption of alcoholic beverages for the patrons of another approved use;

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

(c)        must serve only the patrons attending events or performances at the use in which it is located;

(d)        must not provide any seating area for the patrons;

(e)        does not require motor vehicle parking stalls; and

(f)        does not require bicycle parking stalls – class 1 or class 2.

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138      “Accessory Residential Building”

(a)        means a use where a building:

(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;

(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.

12P2010, 5P2013, 44P2013, 24P2014,15P2016

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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.

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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.

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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)        requires a minimum of 11.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(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

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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;

(c)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(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.

32P2009

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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;

(c)        requires a minimum number of motor vehicle parking stalls that is the greater of:

(i)         1.0 stalls per 100.0 square metres of gross usable floor area for the first 2000.0 square metres, and then 1.0 stalls for each subsequent 500.0 square metres: or

(ii)        1.0 stalls per three (3) employees based on the maximum number of employees at the use at any given time;

(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.

32P2009

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146      “Assisted Living”

(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.

24P2011

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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)        requires a minimum of 4.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(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.

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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)        must show on a plan submitted as part of a development permit application the location where vehicles and equipment are to be auctioned and stored;

(d)        requires a minimum of 4.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area, and each required motor vehicle parking stall:

(i)         is for the exclusive use of the customers and employees of the use;

(ii)        must be signed as being for the exclusive use of the customers and employees of the use; and

(iii)       must be shown on the plan for a development permit;

(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.

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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)         shown on plans required at the time the application for the use is made;

(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

(j)         deleted

(k)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(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.

13P2009

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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

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

(iii)       deleted

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

(c)        deleted

(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;

(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)         shown on plans required at the time the application for the use is made;

(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)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(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.

 47P2008, 67P2008, 71P2008, 44P2013, 29P2016

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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 

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

(iii)       deleted

(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, which must be shown on the plan submitted for a development permit;

(c)        deleted

(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;

(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)         shown on plans required at the time the application for the use is made;

(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)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(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.

 47P2008, 67P2008, 71P2008, 44P2013, 29P2016

 

152      deleted

32P2009

153      deleted

32P2009

153.1   “Backyard Suite”

(a)       means a use that:

(i)         contains two or more rooms used or designed to be used as a residence by one or more persons;

(ii)        that contains a kitchen, living, sleeping and sanitary facilities;

(iii)       is located in a detached building located behind the front façade of the main residential building;

(iv)       may be attached to an Accessory Residential Building;

(v)        is considered part of and secondary to a Dwelling Unit;

(vi)       except as otherwise indicated in subsection (vii) and (viii), must be located on the same parcel as a Contextual Single Detached Dwelling or a Single Detached Dwelling;

(vii)      in the R-CG District must be located on the same parcel or bare land unit as a Dwelling Unit contained in a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling, Rowhouse Building, Semi-detached Dwelling, or a Single Detached Dwelling; and

(viii)     in the R-G and R-Gm Districts must be located on the same parcel as a Dwelling Unit  in a Rowhouse Building, Semi-Detached Dwelling or a Single Detached Dwelling;

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

(c)        requires a minimum of 1.0 motor vehicle parking stalls; and

(d)       does not require bicycle parking stalls – class 1 or class 2.

24P2014, 15P2016, 4P2017

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154      “Bed and Breakfast”

(a)        means a use:

(i)         where the provision of overnight accommodation is provided to guests, in a bedroom in a Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling, Semi-detached Dwelling or Single Detached Dwelling that is occupied by its owner or operator, who may also provide breakfast but no other meals to the guests; and

(ii)        that must not provide liquor;

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

(c)        may have a maximum of four guest bedrooms at any one time;

(d)        may not have more than one employee or business partner working on the parcel who is not a resident of the Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling, Semi-detached Dwelling or Single Detached Dwelling;

(e)        may provide meals to a guest only between the hours of 5:00 AM and 12:00 PM;

(f)        must not contain any cooking facilities in guest bedrooms;

(g)        must not display any signs on the parcel;

(h)        deleted

(i)         requires a minimum of 1.0 motor vehicle parking stalls per guest bedroom in addition to the required stalls for the Contextual Semi-detached Dwelling, Contextual Single Detached Dwelling, Semi-detached Dwelling or Single Detached Dwelling containing the use;

(j)         may provide a maximum of 2.0 motor vehicle parking stalls in tandem to other motor vehicle parking stalls located on the parcel; and

(k)        does not require bicycle parking stalls – class 1 or class 2.

13P2008, 14P2010, 27P2011

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155      “Beverage Container Drop-Off Depot”

(a)           means a use where:

(i)         bottles and other beverage containers are taken for return and reimbursement of the recycling deposit applied to the container at the time the beverage is purchased;

(ii)        other types of recyclable material, which do not require the refund of a deposit may be returned; and

(iii)       bottles and other beverage containers may be sorted and stored on site;

(b)        is a use within the Industrial Support Group in Schedule A to this Bylaw;

(c)        must not be a combined use with a Liquor Store;

(d)        when located within 300.0 metres to a parcel designated as a residential district, must:

(i)         not have any outside storage of carts, bottles, other beverage containers, palettes, or cardboard boxes;

(ii)        not allow for loading or the movement of recyclable material from the premise between the hours of 9:00pm-7:00am;

(iii)       not have compaction of materials occurring outside of a building;

(e)        unless otherwise referenced in subsection (d):

(i)         must provide total concealment, through a solid screen or fence, for any materials located outside of a building;

(ii)        may be required to demonstrate how impacts such as debris, grocery carts, litter or recyclable material will be managed;

(f)        requires a minimum of 2.5 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(g)        does not require bicycle parking stalls – class 1; and

(h)        requires a minimum of 1.0 bicycle parking stalls – class 2 per 250.0 square metres of gross usable floor area.

155.1  “Beverage Container Quick Drop Facility”

(a)          means a use where:

(i)         bottles and other beverage containers are taken for return and reimbursement of the recycling deposit applied to the container at the time the beverage is purchased;

(ii)        bottles and other beverage containers are removed from the site for storage or sorting;

(iii)       reimbursement is done through direct deposit into a pre-registered account and no reimbursement of the recycling deposit occurs on-site; and

(iv)       there is no sorting or long-term storage of bottles on-site;

(b)       is a use within the Industrial Support Group in Schedule A to this Bylaw;

(c)       when located within 300.0 metres to a parcel designated as a residential district, must:

(i)         not have any outside storage of carts, bottles, other beverage containers, palettes, or cardboard boxes;

(ii)        not allow for loading or the movement of recyclable material from the premise between the hours of 9:00pm-7:00am;  

(iii)       not have compaction of materials occurring outside of a building;

(d)        unless otherwise referenced in subsection (c):

(i)         must provide total concealment, through a solid screen or fence, for any materials located outside of a building;

(ii)        may be required to demonstrate how impacts such as debris, grocery carts, litter or recyclable material will be managed;

(e)        requires a minimum of 2.5 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(f)        does not require bicycle parking stalls – class 1; and

(g)        requires a minimum of 1.0 bicycle parking stalls – class 2 per 250.0 square metres of gross usable floor area.

37P2014

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156      “Billiard Parlour”

(a)        means a use:

(i)         where the primary function is the rental of billiard tables, pool tables or similar games tables to the public for a fee; and

(ii)        that may include a maximum of three (3) mechanical or electronic games that are kept for the purpose of furnishing entertainment or amusement;

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

(c)        requires a minimum of 11.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(d)        does not require bicycle parking stalls – class 1; and

(e)        requires a minimum of 1.0 bicycle parking stalls – class 2 per 250.0 square metres of gross usable floor area.

156.1    Brewery, Winery and Distillery

(a)        means a use:

(i)         where beer, wine, spirits and other alcoholic beverages are manufactured;

(ii)        that may have areas and facilities for the storage, packaging, bottling, canning and shipping of the products made;

(iii)       that may have a private hospitality area where products made on the premises are provided to private groups for tasting and consumption as a special event;

(iv)       that may include the retail sale of products made on the premises for consumption off the premises;

(v)        that may include a public area of 75.0 square metres or less where beer, wine, spirits and other alcoholic beverages manufactured on the premises are sold to the general public for consumption on the premises;

(vi)       where the private hospitality area and the public area may be separate floor areas or may occur in the same floor area, but whether these activities are combined or separate the public area may not exceed the maximum in subsection (a)(v) unless combined with another use as contemplated in subsection (c);

(vii)      that may include the preparation and sale of food for consumption on the premises to private groups in the private hospitality area and to the general public in the public area;

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

(c)       may be combined with a Drinking Establishment – Large, Drinking Establishment – Medium, Drinking Establishment – Small, Restaurant:  Licensed – Large, Restaurant:  Licensed – Medium or Restaurant: Licensed – Small when one of these uses is also a listed use in the same district as a Brewery, Winery and Distillery, but the maximum total public area of the combined uses is the largest public area allowed in one of the combined uses;

(d)        when the use includes a public area, it 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;

(e)        when the use includes a public area, it must not have an exterior entrance located on a façade that faces a residential district, unless that façade is separated from the residential district by an intervening street;

(f)         when the use is located in an industrial district, the maximum floor area of a display and sales area located in a building is the greater of:

(i)         38.0 square metres; or

(ii)        20.0 per cent of the gross floor area of the use to a maximum of 465.0 square metres;

(g)       requires a minimum number of motor vehicle parking stalls that is the sum of:

(i)         the greater of:

(A)       1.0 stalls per 100.0 square metres of gross usable floor area for the first 2000.0 square metres, and then 1.0 stalls for each subsequent 500.0 square metres, not including any public area; or

(B)       1.0 stalls per three (3) employees based on the maximum number of employees at the use at any given time, not including employees working only in the public area; and

(ii)       1.70 motor vehicle parking stalls per 10.0 square metres of public area where beer, wine, spirits and other alcoholic beverages manufactured on the premises are sold to the general public for consumption on the premises.

(h)        does not require bicycle parking stalls – class 1; and

(i)         requires a minimum of 1.0 bicycle parking stalls – class 2 per 250.0 square metres of gross usable floor area.

22P2016

157      deleted

32P2009

158      deleted

32P2009

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158.1   “Building Supply Centre”

(a)        means a use:

(i)         where materials and supplies required for construction or assembly in a specific trade are sold including, but not limited to, lumber, plumbing, electrical and millwork;

(ii)        that may include the incidental sales and rental of products and equipment related to the materials and supplies being sold;

(iii)       that may include the sale and rental of tools and construction equipment;

(iv)       that may include the outdoor storage of the materials and supplies being sold or rented; and

(v)        that does not include the sale of home furnishings, household appliances, furniture or electronics;

(b)        is a use within the Industrial Support Group in Schedule A to this Bylaw;

(c)        that has maximum gross floor area of 3500.0 square metres;

(d)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(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.

32P2009

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159      “Bulk Fuel Sales Depot”

(a)        means a use:

(i)         where fuel for motor vehicles and trucks is sold either with or without an attendant; and

(ii)        where the vehicles receiving fuel have a gross vehicle weight greater than 4536 kilograms;

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

(c)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(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.

29P2016

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160      “Campground”

(a)        means a use:

(i)         where spaces are provided for temporary accommodation in recreational vehicles or tents;

(ii)        that may include a building for the administration of the use;

(iii)       that may include laundry facilities for the occupants of the use; and

(iv)       that must be approved only on a parcel designated as a Direct Control District that specifically includes Campground as a use;

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

(c)        requires a minimum number of motor vehicle parking stalls based on a parking study required at the time of land use redesignation application; and

(d)        does not require bicycle parking stalls – class 1 or class 2.

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161      “Car Wash – Multi Vehicle”

(a)        means a use:

(i)        where motor vehicles with a gross vehicle weight equal to or less than 4536 kilograms are washed; and

(ii)       where more than one vehicle may be washed at one time;

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

(c)        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;

(d)        must provide at least five (5) vehicle stacking spaces for each wash bay entrance door;

(e)       must provide a drying area in the form of one (1) motor vehicle parking stall for each vehicle that can be accommodated by a wash bay;  

(f)        where located within 23.0 metres of a residential district, must have any vacuum cleaners situated:

(i)         within the building; or

(ii)        within a screened enclosure that must be:

(A)       shown on plans required at the time the application for the use is made;

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

(C)       constructed of materials and to the standards required by the Development Authority;

(g)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area; and

(h)        does not require bicycle parking stalls – class 1 or class 2.

47P2008, 71P2008, 44P2013, 29P2016

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162      “Car Wash – Single Vehicle”

(a)        means a use:

(i)         where motor vehicles with a gross vehicle weight equal to or less than 4536 kilograms are washed; and

(ii)        that contains one wash bay, and this wash bay is only capable of washing one motor vehicle at a time;

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

(c)        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;

(d)        must provide at least two (2) vehicle stacking spaces for the wash bay entrance door;

(e)        must provide a drying area in the form of a motor vehicle parking stall for the wash bay;

(f)        where located within 23.0 metres of a residential district, must have any vacuum cleaners situated:

(i)         within the building; or

(ii)        within a screened enclosure that must be:

(A)       shown on plans required at the time the application for the use is made;

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

(C)       constructed of materials and to the standards required by the Development Authority;

(g)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area; and

(h)        does not require bicycle parking stalls – class 1 or class 2.

47P2008, 71P2008, 44P213, 29P2016

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163      “Catering Service – Major”

(a)        means a use:

(i)         where food is prepared, stored, and delivered for consumption off the premises without provision for pick-up by customers at the premises; and

(ii)        where cooking equipment, refrigeration equipment and delivery vehicles are located within or outside of a building;

(b)        is a use within the Eating and Drinking Group in Schedule A to this Bylaw;

(c)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area; and

(d)        does not require bicycle parking stalls – class 1 or class 2.

54P2008

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164      “Catering Service – Minor”

(a)        means a use:

(i)         where food is prepared, stored, and delivered for consumption off the premises without provision for pick-up by customers at the premises;

(ii)        that is entirely within a building; and

(iii)       that may only have delivery vehicles that are necessary for the operation of the use;

(b)        is a use within the Eating and Drinking Group in Schedule A to this Bylaw;

(c)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area; and

(d)        does not require bicycle parking stalls – class 1 or class 2.

54P2008

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165      “Child Care Service”

(a)        means a use:

(i)         where temporary care and supervision is provided to seven or more children:

(A)       under the age of 13 years, or children of 13 or 14 years of age who, because of a special need, require child care; and

(B)       for periods of less than 24 consecutive hours;

(ii)        that may provide programming for the social, creative, educational and physical development of children; and

(iii)       that includes day cares, pre-schools, out of school care and other programs where the primary purpose is the care of children;

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

(c)        must have screening for any outdoor play areas;

(d)        requires a minimum of 1.0 motor vehicle parking stalls per two (2) employees at the use at any given time, or 1.0 stalls per 10 children, whichever is greater;

(e)        requires a minimum of 1.0 pick-up and drop-off stalls per 10 children;

(f)        does not require bicycle parking stalls – class 1; and

(g)        requires a minimum of 1.0 bicycle parking stalls – class 2 per 2000.0 square metres of gross usable floor area.

17P2009

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166      “Cinema”

(a)        means a use where motion pictures are viewed by the public, but does not include an Adult Mini-Theatre;

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

(c)        must provide a sufficient area adjacent to outdoor entry doors for patrons to queue;

(d)        requires a minimum of 1.0 motor vehicle parking stalls per four (4) fixed seats;

(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.

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167      “Columbarium”

(a)        means a use:

(i)         where urns containing the ashes of cremated human remains are kept; and

(ii)        that will always be approved with another use;

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

(c)        may be approved only in conjunction with a Cemetery, Crematorium, Funeral Home or Place of WorshipLarge, Place of WorshipMedium, or Place of WorshipSmall where they are a listed use in a District and where those uses have been approved;

(d)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of non-assembly areas, and 1.0 stalls per four (4) persons capacity of the largest assembly area, which is calculated by one of the following methods:

(i)         one (1) person per 0.75 square metres for areas of non-fixed seating;

(ii)        one (1) person per individual fixed seat for areas where individual fixed seats are the primary method of accommodating people;

(iii)       one (1) person per 0.5 linear metres of bench seating; or

(iv)       the maximum capacity of the assembly area as stated in the development permit; and

(e)        does not require bicycle parking stalls – class 1 or class 2.

67P2008

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168      “Community Entrance Feature”

(a)        means a use where a landscape attraction, monument or sign is displayed on a parcel that states the name of, or in some way identifies, a residential community;

(b)        is a use within the Sign Group in Schedule A to this Bylaw;

(c)        requires the owner of the parcel, on which it is located, to enter into an agreement for the maintenance of the parcel and the removal of the use at the discretion of the Development Authority;

(d)        may have conditions placed on the development permit by the Development Authority relating to the location, size, design, copy, character, and number of Community Entrance Features allowed for a community;

(e)        must be constructed of maintenance-free materials, wherever possible; and

(f)        must not encroach upon utility rights-of-way or affect traffic safety.

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169     “Community Recreation Facility”

(a)        means a use:

(i)         operated by, or on behalf of, an organization whose membership is voluntary and generally serves the residents of a specific neighbourhood with the purpose of:

(A)       providing programs, public facilities or services;

(B)       providing non-profit sporting, educational, social, recreational or other activities; or

(C)       where members of the facility and the public participate in recreation and leisure activities;

(ii)        that has recreation space within a building; and

(iii)       that may have outdoor sports fields and equipment on the same parcel as the building;

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

(c)        requires a minimum of 1.5 motor vehicle parking stalls per 100.0 square metres of gross usable floor area for non-assembly areas, and a minimum of 1.0 stalls per four (4) person capacity of the largest assembly area in the building, which is calculated by one of the following methods:

(i)         one (1) person per 0.75 square metres for areas of non-fixed seating;

(ii)        one (1) person per individual fixed seat for areas where individual fixed seats are the primary method of accommodating people;

(iii)       one (1) person per 0.5 linear metres of bench seating; or

(iv)       the maximum capacity of the assembly area as stated in the development permit;

(d)        does not require bicycle parking stalls – class 1; and

(e)        requires a minimum of 1.0 bicycle parking stalls – class 2 per 250.0 square metres of gross usable floor area.

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170      “Computer Games Facility”

(a)        means a use:

(i)         where the Internet or computer games are provided for four or more customers; and

(ii)        that is entirely within a building;

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

(c)        requires a minimum of 2.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(d)        does not require bicycle parking stalls – class 1; and

(e)        requires a minimum of 1.0 bicycle parking stalls – class 2 per 250.0 square metres of gross usable floor area.

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170.1   “Conference and Event Facility”

(a)        means a use:

(i)         that provides permanent facilities for meetings, seminars, conventions, weddings or other special events;

(ii)        that may include banquet facilities including areas for food preparation; and

(iii)       that does not include any use listed in the Eating and Drinking Group in Schedule A;

(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, or a C-N1, C-N2, or C-COR1 District;

(d)        must not have a public area greater than 75.0 square metres where the use shares a property line with, or is only separated by an intervening lane from a residential district, or a C-N1, C-N2, or C-COR1 District;

(e)        requires a total of:

(i)         1.5 motor vehicle parking stalls per 100.0 square metres of gross usable floor area for non-assembly areas; and

(ii)        1.0 motor vehicle parking stalls per four (4) person capacity of the assembly area of the building, which is calculated by one of the following methods:

(A)       one (1) person per 0.75 square metres for areas of non-fixed seating;

(B)       one (1) person per individual fixed seat for areas where individual fixed seats are the primary method of accommodating people;

(C)       one (1) person per 0.5 linear metres of bench seating; and

(D)       the maximum capacity of the assembly area as stated in the development permit;

(f)        does not require bicycle parking stalls – class 1; and

(g)        requires a minimum of 1.0 bicycle parking stalls – class 2 per 250.0 square metres of gross usable floor area.

67P2008

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170.2   “Contextual Semi-detached Dwelling

(a)       means a use where a building:

(i)         contains two Dwelling Units located side by side and separated by a common party wall extending from foundation to roof;

(ii)        may contain a Secondary Suite within a Dwelling Unit in a district where a Secondary Suite is a listed use and conforms with the rules of the district; and

(iii)         meets all of the rules specified for the use in a district;

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

(c)        requires a minimum of 2.0 motor vehicle parking stalls per Dwelling Unit; and

(d)        does not require bicycle parking stalls – class 1 or class 2.

24P2014

171      “Contextual Single Detached Dwelling”

(a)        means a use where a building contains one Dwelling Unit that:

(i)         meets all of the rules specified for the use in a district; and

(ii)        may include a Secondary Suite in a district where a Secondary Suite is a listed use and conforms with the rules of the district;

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

(c)        requires a minimum of 1.0 motor vehicle parking stalls per Dwelling Unit; and

(d)        does not require bicycle parking stalls – class 1 or class 2.

12P2010, 9P2012, 24P2014

172      deleted

32P2009

173      deleted

32P2009

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174     “Convenience Food Store”

(a)        means a use:

(i)         where fresh and packaged food is sold;

(ii)        where daily household necessities may be sold;

(iii)       that is entirely within a building;

(iv)       that has a maximum gross floor area of 465.0 square metres;

(v)        that may display the items for sale within the use outside of a building a maximum distance of 6.0 metres from the public entrance of the use; and

(vi)       that may include the preparation of food and non-alcoholic beverages for human consumption;

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

(b.1)     may have a maximum floor area of 7.5 square metres to accommodate a seating area;

(c)        must not locate any outdoor display area in a required setback area, a parking area or on a sidewalk, if it impedes pedestrian movement;

(d)        requires a minimum of 4.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(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.

 

9P2009, 13P2008, 9P2012, 5P2013

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175      “Cottage Housing Cluster”

(a)          means a use:

(i)              that is a grouping of cottage buildings around an open space; and

(ii)               where no Dwelling Unit is located wholly or partially above another Dwelling Unit;

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

(c)          that has a minimum of four cottage buildings;

(d)          that has a maximum of twelve cottage buildings;

(e)         requires a minimum of 1.0 motor vehicle parking stalls per Dwelling Unit with a floor area equal to or greater than 45.0 square metres, not including areas covered by stairways;

(f)           requires a minimum of 0.15 visitor parking stalls per Dwelling Unit; and

(g)          does not require bicycle parking stalls – class 1 or  class 2.

13P2008, 24P2014

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176     “Counselling Service”

(a)        means a use where people receive treatment, advice or guidance for emotional, psychological or life management issues;

(b)        is a use within the Office Group in Schedule A to this Bylaw;

(c)        requires a minimum of 4.0 motor vehicle parking stalls per 100.0 square metres of gross usable floor area;

(d)        does not require bicycle parking stalls – class 1; and

(e)        requires a minimum of 1.0 bicycle parking stalls – class 2 per 250.0 square metres of gross usable floor area.

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177     “Crematorium”

(a)        means a use:

(i)         where the deceased are incinerated and the ashes of the deceased are collected for interment; and

(ii)        that may provide services such as the preparation of the deceased for burial, the organization and direction of funeral services, and the facilities for the purpose of viewing a body;

(b)        is a use within the Infrastructure Group in Schedule A to this Bylaw;

(c)        requires a minimum number of motor vehicle parking stalls that is the greater of:

(i)              1.0 stalls per 100.0 square metres of gross usable floor area for the first 2000.0 square metres, and then 1.0 stalls for each subsequent 500.0 square metres; or

(ii)             1.0 stalls per three (3) employees based on the maximum number of employees at the use at any given time;

(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.

5P2013           

177.1            “Cultural Support”        

   (a)        means a use:

(i)         where support functions necessary for a cultural organization’s day-to-day operations are provided and which may include, but is not limited to, administrative support, meeting rooms, storage, set production and rehearsal space;

(ii)        where the primary cultural objective of the organization, which is intended for public viewing or sale, is not located in the same use area; and

(iii)       that must only be located in a publicly accessible space that has been approved by a development permit as a ‘Cultural Support Space’ in accordance with incentive item 8.11 of the Incentive Density Table contained in Part 13 Division 3 of this Bylaw.

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

(a)          does not require motor vehicle parking stalls; and

(d)        does not require bicycle parking stalls – class 1 or class 2.

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178      “Custodial Care”

(a)        means a use:

(i)         where care, accommodation and on-site professional supervision is provided to one or more persons who have been required to reside full –time in the facility as part of a conditional or early release from a correctional institution or part of an open custody program; 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 two (2) resident staff and additional motor vehicle parking stalls may be required based on the projected level of visits by non-resident staff and visitors; and

(e)        does not require bicycle parking stalls – class 1 or class 2.

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179      “Custodial Quarters”

(a)        means a use:

(i)         where living accommodation is provided primarily in an industrial district;

(ii)        which will only be approved on a parcel where another use has been approved; and

(iii)       where the occupant of the use performs a custodial or security function that is necessary for the operation of the use with which the Custodial Quarters is combined;

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

(c)        requires a minimum of 1.0 motor vehicle parking stalls per Custodial Quarters; and

(d)        does not require bicycle parking stalls – class 1 or class 2.

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