Part 7: COMMERCIAL DISTRICTS

Division 2: Commercial – Neighbourhood 1 (C-N1) District

Purpose

701      (1)              The Commercial – Neighbourhood 1 District is intended to be characterized by:

(a)        small scale commercial developments;

(b)        buildings that are close to each other, the street and the public sidewalk;

(c)        storefront commercial buildings oriented towards the street;

(d)        lanes for motor vehicle access to parking areas and buildings;

(e)        buildings that are in keeping with the scale of nearby residential areas;

(f)         development that has limited use sizes and types; and

(g)        opportunities for residential uses to occur on the upper floors of buildings that contain commercial uses.

(2)              Areas of land greater than 1.2 hectares should not be designated Commercial – Neighbourhood 1 District.

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Permitted Uses

702      (1)              The following uses are permitted uses in the Commercial – Neighbourhood 1 District:

(a)        Park;

(b)        Sign – Class A;

(c)        Sign – Class B;

(d)        Sign – Class D; and

(e)        Utilities.

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(2)              The following uses are permitted uses in the Commercial – Neighbourhood 1 District if they are located within existing approved buildings:

(a)        Accessory Food Service;

(b)        Convenience Food Store;

(c)        Counselling Service;

(d)        Financial Institution;

(e)        Fitness Centre;

(f)         Health Services Laboratory – With Clients;

(g)        Home Based Child Care – Class 1;

(h)        Home Occupation – Class 1;

(i)         Instructional Facility;

(j)         Library;

(k)        Medical Clinic;

(l)         Office;

(m)       Pet Care Service;

(n)        Print Centre;

(o)        Protective and Emergency Service;

(p)        Restaurant: Food Service Only – Small;

(q)        Retail and Consumer Service;

(r)         Specialty Food Store; and

(s)        Take Out Food Service.

 17P2009, 32P2009, 39P2010

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Discretionary Uses

703      (1)              Uses listed in subsection 702(2) are discretionary uses if they are located in proposed buildings or proposed additions to existing buildings in the Commercial – Neighbourhood 1 District.

(2)              Uses listed in subsection 702(2) are discretionary uses if they are proposed in an existing building that does not have at least one commercial use that has been approved after the parcel was designated as a commercial land use district.

(3)              The following uses are discretionary uses in the Commercial – Neighbourhood 1 District:

(a)        Addiction Treatment;

(b)        Artist’s Studio;

(b.1)     Assisted Living;

(b.2)     Brewery, Winery and Distillery;

(c)        Child Care Service;

(d)        Computer Games Facility;

(e)        Custodial Care;

(f)         Drinking Establishment – Small;

(g)        Dwelling Unit;

(g.1)     Food Production;

(h)        Home Occupation – Class 2;

(i)         Liquor Store;

(j)         Live Work Unit;

(j.1)      Medical Marihuana Counselling;

(k)        Outdoor Café;

(l)         Place of Worship – Small;

(l.1)      Power Generation Facility – Small;

(m)       Residential Care;

(n)        Restaurant: Licensed – Small;

(n.1)     Restaurant: Neighbourhood;

(o)        Service Organization;

(p)        Sign – Class C;

(q)        Sign – Class E;

(r)         deleted

(s)        Social Organization;

(t)         Special Function  – Class 2; and

(t.1)      deleted

(u)        Utility Building.

68P2008, 10P2009, 4P2012, 4P2013, 5P2015, 22P2016, 28P2016, 49P2017

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Rules

704      In addition to the rules in this District, all uses in this District must comply with:

(a)        the General Rules for Commercial Land Use Districts referenced in Part 7, Division 1;

(b)        the Rules Governing All Districts referenced in Part 3; and

(c)        the applicable Uses And Use Rules referenced in Part 4.

Parcel Area

705      The maximum area of a parcel is 1.2 hectares.

Floor Area Ratio

706      The maximum floor area ratio for buildings is 1.0.

Building Height

707      The maximum building height is 10.0 metres.

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Building Location and Orientation

708      (1)              The public entrance to a building must face the property line shared with a commercial street.

(2)              The maximum building setback from a property line shared with a commercial street is 3.0 metres.

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

Building Façade

709      (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 area referenced in sections 714 and 715 will not be included as part of the length of the property line.

Vehicle Access

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

(2)             Where a corner parcel shares a property line with a lane, those parcel  may have vehicle access from either the lane or the street.

(3)              Where a parcel shares a rear or side property line with a lane, but access from the lane is not physically feasible due to elevation differences or other similar physical impediment between the parcel and the lane, all vehicle access must be from a street.

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Use Area

711      (1)              Unless otherwise referenced in subsections (2) and (3), the maximum use area is 300.0 square metres.

(2)             The maximum use area of a Convenience Food Store, or a Convenience Food Store combined with any other use, is 465.0 square metres.

(3)             The following uses do not have a use area restriction:

(a)        Addiction Treatment;

(a.1)     Assisted Living;

(b)        Custodial Care;and

(c)        Residential Care;

Location of Uses within Buildings

712      (1)             Addiction Treatment, Assisted Living, Custodial Care, Dwelling Units and Residential Care must not be located on the ground floor of a building.

(2)              Commercial Uses” and Live Work Units:

(a)        may be located on the same floor as Addiction Treatment, Assisted Living, Custodial Care, Dwelling Units and Residential Care; and

(b)       must not share an internal hallway with Addiction Treatment, Assisted Living, Custodial Care, Dwelling Units or Residential Care.

(3)              Where this section refers to ”Commercial Uses,” it refers to the listed uses in sections 702 and 703, other than Addiction Treatment, Assisted Living, Custodial Care, Dwelling Unit, Live Work Unit and Residential Care.

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Front Setback Area

713      There is no minimum requirement for a front setback area, but where a front setback area is provided, it must have a maximum depth of 3.0 metres.

Rear Setback Area

714      (1)             Where the parcel shares a rear property line with a parcel designated as:

(a)        a commercial district, there is no requirement for a rear setback area;

(b)        an industrial district, the rear setback area must have a minimum depth of 1.2 metres;

(c)        a residential district, the rear setback area must have a minimum depth of 3.0 metres; and

(d)        a special purpose district, the rear setback area must have a minimum depth of 3.0 metres.

(2)              Where the parcel shares a rear property line with:

(a)        an LRT corridor or street, the rear setback area must have a maximum depth of 3.0 metres;

(b)        a lane that separates the parcel from a parcel designated as a residential district, the rear setback area must have a minimum depth of 3.0 metres; and

(c)        a lane, in all other cases, there is no requirement for a rear setback area.

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Side Setback Area

715      (1)             Where the parcel shares a side property line with a parcel designated as:

(a)        a commercial district, there is no requirement for a side setback area;

(b)        a residential district, the side setback area must have a minimum depth of 3.0 metres;

(c)        an industrial district, the side setback area must have a minimum depth of 1.2 metres; and

(d)        a special purpose district, the side setback area must have a minimum depth of 3.0 metres.

(2)              Where the parcel shares a side property line with:

(a)        an LRT corridor or street, the side setback area must have a maximum depth of 3.0 metres;

(b)        a lane that separates the parcel from a parcel designated as a residential district, the side setback area must have a minimum depth of 3.0 metres; and

(c)        a lane, in all other cases, there is no requirement for a side setback area.

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Landscaping In Setback Areas

716      (1)             Where a setback area shares a property line with a street, the setback area must be a hard surfaced landscaped area.

(2)             Where a setback area shares a property line with a lane and approved access to the parcel is from the lane, there is no requirement for a soft  or hard surfaced landscaped area for that setback area.

(3)             Where a setback area shares a property line with a parcel designated as a residential district or a lane that separates the parcel from a parcel designated as a residential district, the setback area must:

(a)        be a soft surfaced landscaped area;

(b)        provide a minimum of 1.0 trees:

(i)         for every 30.0 square metres; or

(ii)        for every 45.0 square metres where irrigation is provided by a low water irrigation system; and

(c)        provide trees planted in a linear arrangement along the length of the setback area.

(4)              Where a setback area shares a property line with an LRT corridor or parcel designated with a commercial, industrial or special purpose district, the setback area:

(a)        must be a soft surfaced landscaped area;

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

(c)        must provide a minimum of 1.0 trees and 2.0 shrubs:

(i)         for every 35.0 square metres; or

(ii)        for every 50.0 square metres where irrigation is provided by a low water irrigation system.

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Minimum Required Motor Vehicle Parking Stalls

717      (1)              For development on parcels 0.1 hectares or less, the minimum number of motor vehicle parking stalls:

(a)        deleted

(b)        for each Dwelling Unit is:

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

(ii)        zero visitor parking stalls;

(c)        for each Live Work Unit is:

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

(ii)        0.5 visitor parking stalls per unit;

(d)        for an Office is:

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

(ii)        where Office uses are located on the ground floor, the cumulative number of stalls referenced in subsection (i) must be reduced by 1.0 stall per 50.0 square metres of total gross usable floor area, to a maximum reduction of 2.0 stalls;

(e)        for an Information and Service Provider, Pet Care Service, Print Centre and Retail and Consumer Service is:

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

(ii)        where Retail and Consumer Service uses are located on the ground floor, the cumulative number of stalls referenced in subsection (i) must be reduced by 1.0 stall per 50.0 square metres of total gross usable floor area, to a maximum reduction of 3.0 stalls; and

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

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(2)              For development on parcels greater than 0.1 hectares, but less than 0.4 hectares, 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 per unit;

(b)        for each Live Work Unit is:

(i)         1.0 stalls per unit for resident parking; and

(ii)        0.5 visitor parking stalls per unit;

(c)        for a Medical Clinic or Health Services Laboratory – with Clients is the minimum requirement referenced in Part 4;

(d)        for Drinking Establishment – Small, Restaurant: Food Service Only – Small and Restaurant: Licensed – Small is 1.70 stalls per 10.0 square metres of public area; and

(e)        for all other uses is 3.0 stalls per 100.0 square metres of gross usable floor area.

(3)              For development on parcels 0.4 hectares or greater, 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 per unit;

(b)        for each Live Work Unit is:

(i)         1.0 stalls per unit for resident parking; and

(ii)        0.5 visitor parking stalls per unit;

(c)        for a Medical Clinic or Health Services Laboratory – with Clients is the minimum requirement referenced in Part 4;

(d)        for Restaurant: Food Service Only – Small and Restaurant: Licensed – Small is 1.70 stalls per 10.0 square metres of public area; and

(e)        for all other uses is 3.5 stalls per 100.0 square metres of gross usable floor area.

15P2008, 39P2010

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Exclusive Use of Motor Vehicle Parking Stalls

718      Motor vehicle parking stalls required for uses in accordance with the District requirement referenced in subsections 717(2)(e) and 717(3)(e) must not be signed or in any way identified as being other than for the use of all users on the parcel.

Required Bicycle Parking Stalls

719      (1)              The minimum number of bicycle parking stalls – class 1 for each Dwelling Unit and Live Work Unit is:

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

(b)        0. 5 stalls per unit where the total number of units equals or exceeds 20.

(2)              The minimum number of bicycle parking stalls – class 2 for each Dwelling Unit and Live Work Unit is:

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

(b)        0.1 stalls per unit for developments of more than 20 units.

(3)              The minimum required number of bicycle parking stalls for all other uses is the minimum requirement referenced in Part 4.

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Exclusive Use of Bicycle Parking Stalls

720      Bicycle parking stalls – class 1 provided for Dwelling Units and Live Work Units are for the exclusive use of residents.

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