Part 7: COMMERCIAL DISTRICTS

Division 3: Commercial – Neighbourhood 2 (C-N2) District

Purpose

721      (1)              The Commercial – Neighbourhood 2 District is intended to be characterized by:

(a)        small scale commercial developments;

(b)        motor vehicle access to commercial uses;

(c)        pedestrian connection from the public sidewalk to buildings;

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

(e)        limited automotive uses;

(f)         setbacks and landscaping that buffer residential districts from commercial developments;

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

(h)        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 2 District.

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Permitted Uses

722      (1)              The following uses are permitted uses in the Commercial – Neighbourhood 2 District:

(a)        Park;

(b)        Sign – Class A;

(c)        Sign – Class B;

(d)        Sign – Class D; and

(e)        Utilities.

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

(a)        Accessory Food Service;

(b)        Catering Service – Minor;

(c)        Convenience Food Store

(d)        Counselling Service;

(e)        Financial Institution;

(f)         Fitness Centre;

(g)        Health Services Laboratory – With Clients

(h)        Home Based Child Care – Class 1;

(i)         Home Occupation – Class 1;

(j)         Information and Service Provider;

(k)        Instructional Facility;

(l)         Library;

(m)       Medical Clinic;

(n)        Office;

(o)        Pet Care Service;

(p)        Print Centre;

(q)        Protective and Emergency Service;

(r)         Restaurant: Food Service Only – Small;

(s)        Retail and Consumer Service;

(t)         Specialty Food Store;

(u)        Take Out Food Service; and

(v)        Veterinary Clinic.

39P2010

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Discretionary Uses

723      (1)              Uses listed in subsection 722(2) are discretionary uses if they are located in proposed buildings or proposed additions to existing buildings in the Commercial – Neighbourhood 2 District.

(2)              Uses listed in subsection 722(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 2 District:

(a)        Addiction Treatment;

(b)        Artist’s Studio;

(b.1)     Assisted Living;

(c)        Auto Service – Minor;

(c.1)     Brewery, Winery and Distillery;

(d)        Car Wash – Single Vehicle;

(e)        Child Care Service;

(f)         Computer Games Facility;

(g)        Custodial Care;

(h)        Drinking Establishment – Small;

(i)         Drive Through;

(j)         Dwelling Unit;

(j.1)      Food Production;

(k)        Gas Bar;

(l)         Home Occupation – Class 2;

(m)       Liquor Store;

(n)        Live Work Unit;

(n.1)     Medical Marihuana Counselling;

(o)        Outdoor Café;

(o.1)     Payday Loan;

(p)        Place of Worship – Small;

(q)        Power Generation Facility – Small;

(r)         Residential Care;

(s)        Restaurant: Licensed – Small;

(s.1)     Restaurant: Neighbourhood;

(t)         Seasonal Sales Area;

(u)        Service Organization;

(v)        Sign – Class C;

(w)       Sign – Class E;

(x)        deleted

(y)        Social Organization;

(z)        Special Function  – Class 2;

(z.1)     deleted

(aa)       Utility Building; and

(bb)      Vehicle Rental – Minor.

(4)             The following uses are additional discretionary uses on a parcel that has an existing building used as a Place of Worship – Large or Place of Worship Medium provided any new development proposed does not result in the increase of any assembly area:

(a)        Place of Worship – Large; and

(b)        Place of Worship – Medium

10P2009, 4P2012, 4P2013. 5P2015, 43P2015, 22P2016, 28P2016, 49P2017

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Rules

724      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

725      The maximum area of a parcel is 1.2 hectares.

Floor Area Ratio

726      The maximum floor area ratio for buildings is 1.0.

Building Height

727      The maximum building height is 10.0 metres.

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Use Area

728      (1)              Unless otherwise referenced in subsections (2) and (3), the maximum use area in the Commercial – Neighbourhood 2 District 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

729      (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 722 and 723, other than Addiction Treatment, Assisted Living, Custodial Care, Dwelling Unit, Live Work Unit and Residential Care.

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Front Setback Area

730      The front setback area must have a minimum depth of 3.0 metres.

Rear Setback Area

731      (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 5.0 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 lane, LRT corridor, or street, the rear setback area must have a minimum depth of 3.0 metres.

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Side Setback Area

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

(c)        a residential district, the side setback area must have a minimum depth of 5.0 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 lane, LRT corridor, or street, the side setback area must have a minimum depth of 3.0 metres.

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Landscaping In Setback Areas

733      (1)              Where a setback area shares a property line with an LRT corridor or street, the setback area must:

(a)        be a soft surfaced landscaped area; and

(b)        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.

(2)              Where a setback area shares a property line with a parcel that is 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 low water irrigation system; and

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

(3)              Where a setback area shares a property line with a lane or a parcel designated as 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

734      The minimum number of motor vehicle parking stalls:

(a)        for an Information and Service Provider, Pet Care Service, Print Centre and Retail and Consumer Service on a parcel 0.4 hectares or less is:

(i)         2.0 per 100.0 square metres of gross usable floor area when those uses are located in a building that was legally existing or approved prior to the effective date of this Bylaw; or

(ii)        the minimum requirement for the uses as referenced in Part 4 when those uses are located in a building approved after the effective date of this Bylaw;

(b)        for each Dwelling Unit is:

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

(ii)        0.1 visitor parking stalls per unit;

(c)        for each Live Work Unit is:

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

(ii)        0.5 visitor parking stalls per unit;

(d)        is the minimum requirement referenced in Part 4 for the following uses:

(i)         Drinking Establishment – Small;

(ii)        Fitness Centre;

(iii)       Health Services Laboratory – With Clients;

(iv)       Library;

(v)        Medical Clinic;

(vi)       Restaurant: Food Service Only – Small;

(vii)      Restaurant: Licensed – Small; and

(viii)     Restaurant: Neighbourhood; and

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

15P2008, 39P2010, 5P2015

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Exclusive Use of Motor Vehicle Parking Stalls

735      (1)              Visitor parking stalls required for the visitors of Dwelling Units or Live Work Units must be identified through permanent signage as being for the exclusive use of visitors.

(2)              Motor vehicle parking stalls required for the residents of Dwelling Units and Live Work Units may be identified through permanent signage as being for the exclusive use of the residents.

(3)              Motor vehicle parking stalls required for uses in accordance with the District requirement referenced in section 734 (e) must not be signed or in any way identified as being other than for the use of all users on the parcel.

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Required Bicycle Parking Stalls

736      (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; or

(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.

Exclusive Use of Bicycle Parking Stalls

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

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