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Part 10 - Mixed Use / Commercial Zones (Sections 185-198)

The City of Ottawa Zoning By-law is made available on the web site for information, however confirmation on the zoning provisions should be sought through the City’s development information officers (DIO), by contacting 311 and asking for the DIO for the geographic area in question.

This part comprises the zones that are applied to the urban and suburban areas of the City in accordance with the mixed-use and commercial land use designations of the Official Plan, and includes the LC- Local Commercial, GM- General Mixed Use, TM- Traditional Mainstreet, AM-Arterial Mainstreet, MC- Mixed Use Centre and MD- Mixed-Use Downtown Zones.

AM - Arterial Mainstreet Zone (Sec. 185-186)

Purpose of the Zone

The purpose of the AM – Arterial Mainstreet Zone is to:

 

(1)

accommodate a broad range of uses including retail, service commercial, offices, residential and institutional uses in mixed-use buildings or side by side in separate buildings in areas designated Arterial Mainstreet in the Official Plan; and

 

(2)

impose development standards that will promote intensification while ensuring that they are compatible with the surrounding uses.

 

185.

In the AM Zone:

Permitted Non-Residential Uses

 

(1)

The following non-residential uses are permitted subject to:

   

(a)

the provisions of subsections 185(3) to (5), and

   

(b)

amusement park being located within a building;

     

amusement centre
amusement park
animal care establishment
animal hospital
artist studio
automobile dealership
automobile rental establishment
automobile service station
bank

bank machine
bar
broadcasting studio
car wash
catering establishment
cinema

click and collect facility   (By-law 2016-289)
community centre
community health and resource centre
convenience store
day care
diplomatic mission, 
see Part 3, Section 88
drive-through facility
emergency service

funeral home
gas bar
hotel
instructional facility
library
medical facility
municipal service centre
museum
nightclub
office
park
parking garage
personal service business
place of assembly

place of worship
post office
production studio
recreational and athletic facility
research and development centre
residential care facility
 (By-law 2011-273)
restaurant
retail food store
retail store
school
service and repair shop
small batch brewery, 
see Part 3, Section 89
sports arena
technology industry
theatre
training center
urban agriculture,
see Part 3, Section 82  (By-law 2017-148) 

Permitted Residential Uses

 

(2)

The following residential uses are permitted:

   

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
bed and breakfast, 
see Part 5, Section 121 
dwelling unit
group home, see Part 5, Section 126
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
planned unit development, see Part 5, Section 131
retirement home
retirement home, converted,
 see Part 5, Section 122
rooming house
rooming house, converted,
 see Part 5, Section 122
rooming unit
stacked dwelling
, see Part 5, Section 138 (By-law 2010-307)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307) (By-law 2014-189)

Zone Provisions

 

(3)

The zone provisions are set out in Table 185 below.

     
TABLE 185 - AM ZONE PROVISIONS
I
ZONING MECHANISMS
II
PROVISIONS
(a) Minimum lot area     No minimum
(b) Minimum lot width   No minimum
(c) Front yard and corner side yard (i) non-residential or mixed-use buildings Minimum No minimum
(ii) residential use building Minimum 3 m
(d) Minimum interior side yard (i) abutting a residential zone 7.5 m
(ii) all other cases   No minimum
(e) Minimum rear yard (i) abutting a street 3 m
(ii) rear lot line abutting a residential zone 7.5 m
(iii) for a residential use building   7.5 m
(iv) all other cases No minimum
(f) Maximum building height (i) in any area up to and including 20 metres from a property line abutting a R1, R2 or R3 residential zone (By-law 2011-124) 11 m
(ii) in any area up to and including 20 metres from a property line abutting a R4 zone (By-law 2011-124) 15 m
(iii) in any area over 20 metres and up to and including 30 metres from a property line abutting a R1, R2, R3 or R4 zone (By-law 2011-124) 20 metres, or as shown on the zoning map
(iv) more than 30 metres from a property line abutting a R1 – R4 zone 30 metres but in no case greater than nine storeys, or as shown on the zoning map (By-law 2015-45)
(v) in all other cases 30 metres but in no case greater than nine storeys, or as shown on the zoning map (By-law 2015-45)
(g)  Maximum building height for AM, AM1, AM4 and AM5 zones, on specific street segments as noted below: (By-law 2015-45)   25 metres, or as shown on the zoning map 
Street Segments i) Baseline Road from St. Helen’s Place to Merivale Road
ii) Merivale Road from Baseline Road to Caldwell Avenue
iii) Cyle Avenue from Doheney Street to Highway 417
iv) Bronson Avenue from Carling Avenue to Kippewa Drive
v) St. Laurent Blvd. from VIA Rail right-of-way to Queen Mary Street
vi) Michael Street from Tremblay Road to Kenaston Street
vii) Ogilvie Road from St. Laurent Blvd. to Cyrville Road
viii) Brittany Drive from Montreal Road to Kristin Way
ix) Montreal Road from Shefford Road to Regional Road 174
x) Innes Road from Page Road to Tenth Line Road
xi) Bank Street from VIA Rail right-of-way to Walkley Road
xii) Bank Street from Walkey Road to Rail right-of-way (South of Ledbury Ave.)
xiii) Bank Street from Rail right-of-way (South of Ledbury Ave.) to Lester Road) 
(h)  Maximum floor space index (By-law 2015-45) (i) for AM, AM1, AM4 and AM5 zones, on specific street segments as noted in clause (g) above  1.  if 80% or more of the required parking is provided below grade  3.5 
2. in all other cases 2, unless otherwise shown
(ii) in all other cases none  
(i) Minimum width of landscaped area around a parking lot see Section 110 – Landscaping Provisions for Parking Lots
         
 
 

(4)

Outdoor storage is permitted subject to:

   

(a)

being located in an interior side yard or rear yard;

   

(b)

being completely enclosed and screened from a public street, and from residential or institutional zone; and

   

(c)

the provisions of subsection 185(4) (b) above does not apply to automobile dealership.

 

(5)

For other applicable provisions, see Part 2 – General Provisions, Part 3 – Special Use provisions, and Part 4 – Parking and Loading Provisions.

  (6)   (Introduced by By-law 2014-292) 
       

AM Subzones

186.

In the AM Zone, the following subzones apply:

 
AM1 Subzone
 

(1)

In the AM1 Subzone:

   

(a)

no greater than 50% of the maximum permitted floor space index may be used for the non-residential uses; and (By-law 2012-91)

   

(b)

the provisions of subsection 186(1)(a) above do not apply to community centre, community health and resource centre, day care and library.

 
AM2 Subzone
 

(2)

In the AM2 Subzone:

   

(a)

the following uses are prohibited:

     

amusement centre
amusement park
bar
cinema

funeral home
museum
nightclub
recreational and athletic facility
sports arena
theatre

 
AM3 Subzone- St. Joseph Boulevard Subzone
 

(3)

In the AM3 Subzone:

   

(a)

the following uses are prohibited:

     

automobile dealership
automobile rental establishment
car wash
gas bar

   

(b)

the provisions of subsection 185(3) do not apply and the provisions of Table 186A below apply.

         
TABLE 186A - AM3 SUBZONE PROVISIONS
           

I
ZONING MECHANISMS

 

II
PROVISIONS

(i) Minimum lot width

1. lot without direct vehicular access to St. Joseph Blvd

 

18 m

2. lot with direct access to St. Joseph Blvd

 

24 m

(ii) Maximum front yard and corner side yard setbacks

1. non-residential or mixed use buildings

 

4 m

2. residential use building

 

6 m

(iii) Maximum floor space index

1. for lots having a lot depth of 40 metres or less

 

1.5

2. for lots having a lot depth greater than 40 metres

 

3

3. for gateway sites with an average lot depth greater than 60 metres

 

3.5

(iv) Minimum building heights

1. for all gateway sites within 4 m of a lot line abutting a street

 

9 m

(v) Maximum building heights (By-law 2015-190)

1. for lots with a lot depth of 40 metres or less

13 m

2. for lots with a lot depth greater than 40 metres

(i) within 20 metres from a residential zone

13 m

(ii) beyond 20 metres from a residential zone 19 m
3. for gateway sites with an average lot depth greater than 60 metres (a) within 20 metres or less of a lot line abutting a residential zone 13 m
(b) between 20 metres and 30 metres of a lot line abutting a residential zone 19 m
(c) beyond 30 metres of a lot line abutting a residential zone 25 m

(vi) Minimum rear yard setback

 

7.5 metres

             
   

(c)

For the purpose of this section, a gateway site is any corner lot or any development that incorporates one or more lots and includes a corner lot and is developed under one Site Plan, located abutting the following street intersections:

     

(i)

St. Joseph Boulevard and Youville Drive;

     

(ii)

St. Joseph Boulevard and Jeanne d’Arc Boulevard;

     

(iii)

St. Joseph Boulevard and Orleans Boulevard; and

     

(iv)

St. Joseph Boulevard and Place d’Orleans Drive.

   

(d)

Where a lot fronts on three streets, the provisions of Table 186A (ii)1. do not apply and a 4 metre yard setback must be provided for only two of the three streets, one of which must be St-Joseph Boulevard.

   

(e)

Where a gateway site fronts on three streets, the provisions of Table 186A (ii)1. do not apply and a maximum 4 metre yard setback must be provided from St-Joseph Boulevard and the other gateway street.

   

(f)

For a gateway site, a minimum of:

     

(i)

75% of the width of the corner site measured at the building setback and along St. Joseph Boulevard; and

     

(ii)

50% of the width of the corner site measured at the building setback and along the other street;

     

must be occupied by a building face.

   

(g)

For all buildings facing St. Joseph Boulevard:

     

(i)

a minimum of 50% of the width of a lot, measured at the building setback, must be occupied by a building face, unless Section 186 (3) (f) applies; and

     

(ii)

a minimum of 50% of the length of the ground floor elevation must consist of openings such as windows and customer entrances.

 
AM4 Subzone
 

(4)

Reserved for future use.  (By-law 2015-45)

   

 

 

 
AM5 Subzone
 

(5)

In the AM5 Subzone:

   

(a)

the following uses only are permitted:

     

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
broadcasting studio

diplomatic mission, see Part 3, Section 88
drive-through facility (OMB Order #PL080959 issued March 18, 2010)
dwelling unit
emergency service
home-based business,
 see Part 5, Section 127
home-based day caresee Part 5, Section 129
hotel
medical facility
museum
office
planned unit development,
 see Part 5, Section 131
production studio
research and development centre
stacked dwelling
, see Part 5, Section 138 (By-law 2010-307)
technology industry
training centre
 (By-law 2014-189)
urban agriculture (By-law 2017-148)

   

(b)

the following uses are also permitted subject to:

     

(i)

being in the same building or on the same lot as a use or uses listed in subsection 186(5)(a) above; and

     

(ii)

the cumulative gross floor area not exceeding the total gross floor area of the use or uses listed in subsection 186(5)(a) above;

     

artist studio
bank

bank machine
bar
car wash
cinema
convenience store
day care
instructional facility
library
municipal service centre
nightclub
parking garage
parking lot
personal service business
place of assembly

place of worship
post office
recreational and athletic facility
restaurant 
(OMB Order #PL080959 issued March 18, 2010)
retail food store
retail store
service and repair shop
theatre

   

(c)

car wash, including the required queuing spaces, must be totally enclosed in a building occupied by a permitted use listed in subsection 186(5)(a);

   

(d)

the provisions of subsection 185(4) do not apply and storage must be completely enclosed within a building;

   

(e)

the provisions of Section 101 – Minimum Parking Space Rates, apply but the minimum rate is the maximum amount of parking permitted; and

   

(f)

where excess parking results from a change of use, the excess parking may be retained.

         
AM6 Subzone
 

(6)

Reserved for future use.  (By-law 2015-45)

       
AM7 Subzone- Hazeldean Road Subzone
 

(7)

In the AM7 Subzone:

   

(a)

the following uses are prohibited:

     

automobile dealership
automobile rental establishment
automobile service station
gas bar

rooming house
stacked dwelling
, see Part 5, Section 138 (By-law 2010-307)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

   

(b)

the minimum lot area is 600 square metres; the minimum lot width is 18 metres; the minimum rear yard setback is 10 metres and the maximum permitted lot coverage is 50%.

   

(c)

the maximum permitted building height is 11 metres within 20 metres of a residential zone, and 15 metres in all other cases.

   

(d)

a minimum of,

     

(i)

50% of the lot width within 3 metres of the front lot line, must be occupied by building walls if the lot is less than 90 metres wide.

     

(ii)

30% of the lot width within 3 metres of the front lot line, must be occupied by building walls if the lot is 90 metres in width or wider.

   

(e)

if there are high voltage power lines present near the front lot line then the front yard setback requirement is 5 metres instead of 3 metres.

   

(f)

when an outdoor commercial patio is located in a front yard, then the front yard setback requirement is 6 metres instead of 3 metres.

   

(g)

in the case of a phased development where all phases are shown on a site plan approved pursuant to Section 41 of the Planning Act, each phase itself does not have to comply with subsection (d) above, provided that those requirements are satisfied upon the completion of all phases of development.

   

(h)

a landscaped buffer of 10 metres is required along a property line abutting a residential zone, and a landscaped buffer of 5 metres is required along a rear lot line abutting a non-residential zone.

   

(i)

outdoor storage accessory to the use on the lot,

     

(i)

is prohibited in a front yard, and

     

(ii)

Is permitted in all other yards provided it is concealed from view from abutting streets and non-commercial zones, and provided it does not cover more than 20% of the lot area.

   

(j)

the lot line abutting Hazeldean Road is considered to be the front lot line.

   

(k)

the minimum number of parking spaces required for a shopping centre may be reduced by the number of on-street parking spaces that are located within 12 metres of the lot on which a shopping centre is located.

AM8 Subzone – Bank Street Subzone

 

(8)

In the AM8 Subzone:

 

 

(a)

no greater than 50% of the maximum permitted floor space index may be used for permitted non-residential uses,

 

 

(b)

the provisions of subsection 186(1)(a) above no not apply to community centre, community health and resource centre, day care and library,

 

 

(c)

the following maximum building heights apply:

 

 

 

(i)

in any area up to and including 20 metres from a property line abutting a R1, R2 or R3 residential zone:  11 m

 

 

 

(ii)

in any area up to and including 20 metres from a property line abutting a R4 zone:  15 m

 

 

 

(iii)

in any area over 20 metres and up to and including 30 metres from a property line abutting a R1, R2, R3 or R4 zone:  20 metres

 

 

 

(iv)

more than 30 metres from a property line abutting a R1, R2, R3 or R4 zone:  50 metres,

 

 

 

(v)

in all other cases:  50 metres

 

 

(d)

for non-residential and mixed-use buildings, no minimum front yard setback applies and the maximum front yard setback along Bank Street is 3.0 metres,

 

 

(e)

for non-residential and mixed-use buildings, where overhead hydro wires and hydro poles exist, the maximum front yard setback along Bank Street is 5.0 metres,

 

 

(f)

where the building height is greater than 4 storeys the second, third or fourth storey must be stepped back a further 2.5 metres from the front wall of the storey below,

 

 

(g)

at least 70% of the lot width measured at the building setback along Bank Street must be occupied by one or more building walls, and in the case of a phased development where all phases are shown on a site plan approved pursuant to Section 41 of the Planning Act, each phase itself does not have to comply with this clause, provided that those requirements are satisfied upon the completion of all phases of development.

 

 

(h)

in a case of gas bars and where the floor area of buildings that existed on March 28, 2012 is increased up to an amount equal to 25% of the floor area that existed on that day clauses (d) and (g) above do not apply,

 

 

(i)

in the case of lots with a Bank Street frontage of 35 metres or less, clause (g) above does not apply,

 

 

(j)

despite any requirements to the contrary, parking for a use required on one lot, may be located on another lot, but must be in the same city block, or on a lot on the opposite side of the public street on which the use requiring the parking is located. (By-law 2012-91) (Subject to By-law 2014-292) (Subject to By-law 2015-192) (By-law 2016-249)

 
AM9 Subzone 
 

(9) 

In the AM9 Subzone: 

   

(a) 

the minimum rear yard setback for a non-residential or mixed-use building is 10 metres. 

   

(b) 

the maximum permitted building height is 11 metres within 20 metres of a residential zone, and 15 metres in all other cases.

   

(c) 

a minimum of:

     

(i) 

50% of the lot width within 3 metres of the front lot line, must be occupied by building walls if the lot is less than 90 metres wide. 
     

(ii) 

 30% of the lot width within 3 metres of the front lot line, must be occupied by building walls if the lot is 90 metres in width or wider.
   

(d)

Clause (c) does not apply to a lot containing only an automobile dealership, automobile rental establishment, automobile service station, or gas bar, but a maximum front yard setback of 3 metres shall apply to any building containing these uses.

    (e) Despite (c) and (d), in the case of high voltage power lines present near the front lot line the distance of 3 metres set out within (c)(i) and (c)(ii) and the maximum front yard setback in (d) is increased to 5 metres with respect to that portion of the building wall affected by the high voltage power lines.
    (f) In the case of a phased development where all phases are shown on a site plan approved pursuant to Section 41 of the Planning Act, each phase itself does not have to comply with subsection (c) above, provided that those requirements are satisfied upon the completion of all phases of development.
   

(g)

For a lot containing a non-residential or mixed use building, the minimum required width of a landscaped area along a lot line is:

      (i) where abutting a residential zone: 10 metres and an opaque screen with a minimum height of 1.5 metres must be provided between the residential zone and landscaped area;
      (ii) where it is the rear lot line and it abuts a non-residential zone: 5 m
      (iii) in all other cases: no minimum, except that where a yard is provided and not used for required driveways, aisles, parking, loading spaces or outdoor commercial patio, the whole yard must be landscaped.
    (h) outdoor storage accessory to the use on the lot,
      (i) is prohibited in a front yard, and
      (ii) Is permitted in all other yards provided it is concealed from view from abutting streets and non-commercial zones, and provided it does not cover more than 20% of the lot area.
    (i) the lot line abutting Hazeldean Road is considered to be the front lot line
    (j) the minimum number of parking spaces required for a shopping centre may be reduced by the number of on-street parking spaces that are located within 12 metres of the lot on which a shopping centre is located. (By-law 2014-27)
AM10 Subzone 
 

(10) 

In the AM10 Subzone:

    (a) the lot line abutting the designated "Arterial Mainstreet" , as per Schedule B of the Official Plan, is the front lot line, and in the case of a lot with more than one lot line abutting an arterial mainstreet the provisions applying to front lot line will apply to all of the lot lines abutting an arterial mainstreet regardless of it being a front or other lot line,
    (b)  despite Table 185(c), the following provisions apply; 
      (i)  the minimum front and corner side yard  setback for all buildings is 0 metres, and at least 50% of the frontage along the front lot line and corner side lot line must be occupied by building walls located within 4.5 metres of the frontage for a Residential use building, and within 3.0 metres for Non-residential and Mixed use buildings; and 
      (ii)  in the case of a phased devopment, all phases must be shown on a site plan approved pursuant to Section 41 of the Planning Act, and must satisfy the following;
        1) the first phase is required to satisfy (b)(i) prior to or concurrent with the construction of any building at the interior or rear of the lot for the portion of property shown in that phase; and
        2) all subsequent phases are not  required to comply with (b)(i) independently, provided that (b)(i) is satisfied upon the completion of all phases; and
        3) the boundary of a phasing line will be determined through Site Plan Control, and each phase of development must comply with the zone requirements and incorporate the site plan elements required and provided to support the uses of land within that phase,
    (c) despite Table 185(d)(i), the minimum interior side yard setback from a lot line abutting a residential zone is;
      (i) 3.0 metres for the first 20 metres back from the street,
      (ii) 7.5 metres beyond 20 metres back from the street,
    (d) despite Table 185(e), sub clauses (ii) and (iii), the minimum rear yard setback is;
      (i) 3.0 metres for any building wall within 20 metres of a lot line abutting a public street.
      (ii) 7.5 metres in all other cases,
    (e) any portion of a building located within 10 metres a front lot line or corner lot line must satisfy the following minimum building heights:
      (i) if the building is a non-residential or mixed-use building, the ground floor requires a minimum height of 4.5 metres; and
      (ii) the minimum building height required is 7.5 metres, and must contain at least two storeys,
    (f)  a building existing as of the day of the passing of the By-law may be expanded without having to comply with clause (b) above, provided the following;   
      (i)  the addition does not exceed the greater of 600 m2 or 20% of the gross floor area of the existing building,
      (ii) subsequent additions are not  permitted within 12 months of an issued building permit for expansion of the same building,
    (g)  the ground floor façade facing a public street of a building located within 4.5 metres of the front lot line or corner side lot line must include:   
      (i) a minimum of one active entrance from each individual occupancy located immediately adjacent to the front lot line or corner side lot line in the case of non-residential uses; and
      (ii) a minimum of one active entrance in the case of a residential use building;
      where an active entrance is angled on the corner of the building, such that it faces the intersection of the arterial mainstreet and a side street intersecting the arterial mainstreet, it is deemed to face both streets;
    (h) a minimum of 50% of the surface area of the ground floor façade, measured from the average grade up to a height of 4.5 metres, facing a public street must be comprised of transparent glazing and active customer or resident entrance access doors,
    (i) clauses (b) and (e) do not apply to a lot containing only an automobile dealership, automobile rental establishment, automobile service station, or gas bar, but the following must be satisfied;
      (i) a maximum front yard setback of 3 metres is required to any building containing these uses; and
      (ii) an automobile dealership and automobile rental establishment require a minimum building height of 7.5 metres,
    (j) despite Table 185(f) the following maximum building heights apply:
      (i) In any area up to and including 20 metres from a rear lot line abutting a R1, R2 or R3 zone: 11 m
      (ii) In any area up to and including 20 metres from a rear lot line abutting an R4 zone: 15 m
      (iii) In any area over 20 metres and up to and including 30 metres from a rear lot line abutting a R1, R2, R3, or R4 zone: 20 m
      (iv) In any area:
        (a) outside of the areas identified in (i) through (iii) above; and,
        (b) up to 7.5 metres from that part of a side lot line within 20 metres of a street and abutting a R1, R2, R3 or R4 zone: 15 m
      (v) In all other cases: 30 m (By-law 2015-45)
           

   

AM11 Subzone (Introduced by By-law 2015-49)
     
           
AM12 Subzone
 

(12)

In the AM12 Subzone:

   

(a)

Only the following uses are permitted:

     

amusement centre
animal hospital
artist studio
automobile rental establishment
bank
bank machine
bar
broadcasting studio
catering establishment
cinema
convenience store
day care
emergency service
funeral home
hotel
instructional facility
medical facility
nightclub
office
personal service business
place of assembly
place of worship
post office
production studio
recreational and athletic facility
research and development centre
residential care facility
restaurant
school
service and repair shop
sports arena
technology industry
theatre
training centre
apartment dwelling, low rise
apartment dwelling, mid-high rise
bed and breakfast
dwelling unit
group home
home-based business
home-based day care
planned unit development
retirement home
retirement home, converted

     (b)  Retail food store and retail store are permitted uses subject to: 
       (i)  Being located on the ground floor of a building containing another permitted use and;
       (ii) Only permitted once 2500 square metres of gross floor area of another permitted non-residential use or uses have been located in the area to which this subzone applies
    (c) where the building height is greater than six storeys, but less than or equal to 12 storeys, at and above the fourth storey a building must be setback a minimum of 2 metres more than the provided setback from the front and corner side lot lines;
    (d) where the building height is greater than 12 storeys, at and above the sixth storey a building must be setback a minimum of 2 metres more than the provided setback from the front and corner side lot lines;
    (e) For buildings over 20 metres in height or are greater than six storeys, whichever is less:
      (i) when the portion of the building over 20 metres in height or at or above the seventh storey, whichever is less contains only residential uses, the maximum building area of each floor plate over 20 metres in height or at or above the seventh storey, whichever is less, is 750 square metres of gross floor area;
      (ii) when the portion of the building over 20 metres in height or at or above the seventh storey, whichever is less contains non-residential uses, the maximum building area of each floor plate over 20 metres in height or at or above the seventh storey, whichever is less, is 2000 square metres of gross floor area;
    (f) where the building height is equal to or less than six storeys or 20 metres, whichever is the lesser, the maximum building floor plate for buildings containing non-residential land uses other than office, medical facility, research and development facility, technology industry or training centre is 3,000 square metres gross floor area;
    (g) the minimum separation distance between portions of a building above four storeys is 23 metres;
    (h) the minimum separation distance between portions of a building above nine storeys is 30 metres;
    (i) the area of the wall of the first storey facing the street must have a minimum of 50 per cent of the façade consisting of transparent glazing;
    (j) Where a restaurant, retail store, or retail food store is less than 200 square metres of GFA, no parking spaces are required.  Where a restaurant, retail store or retail food store is greater than 200 square metres of GFA, the minimum parking requirement is 5 spaces per 100 square metres over 200 square metres of GFA;
    (k) parking is not required for a group home
    (l) AM12 provisions: (By-law 2015-369)
             
             
TABLE 186 - AM12 ZONE PROVISIONS  
(By-law 2015-369)
       

I
ZONING MECHANISMS

II
PROVISIONS

(i) Minimum front and corner side yard setbacks

1. for a building with residential land use at grade

5 m

2. all other cases

No minimum

(ii) Minimum interior side yard setback

1.   a building with residential land use at grade or where the interior side yard abuts a park or the building is higher than 11 m in height 

3 m

2.  all other cases

1.5 m

(iii) Minimum rear yard setback

1.  a building with residential land use at grade or where the rear yard abuts a residential zone

7.5 m

2.  where the rear yard abuts a park

5 m

3.  where the rear yard abuts a street

3 m

4.  all other cases

No minimum

    (m) For a Planned Unit Development:
      (i) The minimum front, corner side, rear and side yard setbacks for the planned unit development are 5 metres;   
       (ii) The minimum separation distance between principal buildings within a planned unit development are as follows:          
        (1) Where the height of both neighbouring buildings within the PUD is less than or equal to 16 metres: 3 metres;          
         (2)  Where the height of one or both neighbouring buildings within the PUD is greater than 16 metres: the sum of 25% of the height of the abutting buildings, per building. (By-law 2015-369)        
                           


 

GM - General Mixed Use Zone (Sec. 187-188)

Purpose of the Zone

The purpose of the GM – General Mixed-Use Zone is to:

 

(1)

allow residential, commercial and institutional uses, or mixed use development in the General Urban Area and in the Upper Town, Lowertown and Sandy Hill West Character Areas of theCentral Area designations of the Official Plan;

 

(2)

limit commercial uses to individual occupancies or in groupings in well defined areas such that they do not affect the development of the designated Traditional and Arterial Mainstreets as viable mixed-use areas;

 

(3)

permit uses that are often large and serve or draw from broader areas than the surrounding community and which may generate traffic, noise or other impacts provided the anticipated impacts are adequately mitigated or otherwise addressed; and

 

(4)

impose development standards that will ensure that the uses are compatible and complement surrounding land uses.

 

187.

In the GM Zone,

Permitted Non-Residential Uses

 

(1)

The following non-residential uses are permitted subject to:

   

(a)

the provisions of subsections 187(3), (4) and (5).

     

animal care establishment
animal hospital
artist studio
bank

bank machine
catering establishment}
click and collect facility  (By-law 2016-289)
community centre
community health and resource centre
convenience store
day care

diplomatic mission, see Part 3, Section 88
drive-through facility
emergency service
funeral home
home-based busines, see Part 5, Section 127
home-based day care, see Part 5, Section 129
instructional facility
library
medical facility
municipal service centre
office 
personal service business
place of assembly

place of worship
post office
recreational and athletic facility
research and development centre
residential care facility (By-law 2011-273)
restaurant
retail food store
retail store
service and repair shop
shelter, see Part 5, Section 134 (By-law 2011-273)
small batch brewery, see Part 3, Section 89
technology industry
training centre
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

Permitted Residential Uses

 

(2)

The following residential uses area permitted subject to:

   

(a)

the provisions of subsections 187(3), (4) and (5); and

   

(b)

a maximum of ten guest bedrooms in a bed and breakfast.

     

apartment dwelling, low rise
apartment dwelling, mid rise (By-law 2014-292)
bed and breakfast, see Part 5, Section 121
dwelling unit
group home, see Part 5, Section 125
planned unit development, see Part 5, Section 131
retirement home
retirement home, converted, see Part 5, Section 122
rooming house
rooming house, converted,
 see Part 5, Section 122
rooming unit
stacked dwelling
, see Part 5, Section 138 (By-law 2010-307)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

Zone Provisions

 

(3)

The zone provisions are set out in Table 187 below.

     

TABLE 187 - GM ZONE PROVISIONS

       

I
ZONING MECHANISMS

II
PROVISIONS

(a) Minimum lot area

No minimum

(b) Minimum lot width

No minimum

(c) Minimum front yard and corner side yard setbacks

3 m

(d) Minimum interior side yard setbacks

(i) for a non-residential or mixed-use building, from any portion of a lot line abutting a residential zone

5 m

(ii) for a residential use building

1. for a building equal or lower than 11 metres in height

1.2 m

2. for a building higher than 11 metres in height

3 m

(iii) all other cases

No minimum

(e) Minimum rear yard setback

(i) abutting a street

3 m

(ii) from any portion of a rear lot line abutting a residential zone

7.5 m

(iii) for a residential use building

7.5 m

(iv) all other cases

No minimum

(f) Maximum building height

18 m

(g) Maximum floor space index

2, unless otherwise shown

(h) Minimum width of landscaped area

(i) abutting a street

3 m

(ii) abutting a residential or institutional zone

3 m

(iii)other cases

No minimum

(i) minimum width of landscaped area around a parking lot

see Section 110 – Landscaping Provisions for Parking Lots

             
 
 

(4)

Storage must be completely enclosed within a building.

 

(5)

For other applicable provisions, see Part 2 – General Provisions, Part 3 – Special Use provisions, and Part 4 – Parking and Loading Provisions.

  (6) (Introduced by By-law 2015-192)   

GM SUBZONES

188.

In the GM Zone, the following subzones apply:

 

GM1 SUBZONE

 

(1)

In the GM1 Subzone:

   

(a)

no more than 50% of the permitted floor space index may be used;

   

(b)

the provisions of subsection 187(3)(h)(ii) applies but may be reduced to 1 metre where a minimum 1.4 metre high opaque screen is provided; and

   

(c)

the provision of subsection 188(1)(a) above does not apply to the following uses and the full floor space index may be used:

     

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
community centre
community health and resource centre
day care
dwelling 
unit
group home, see Part 5, Section 125
library
planned unit development, see Part 5, Section 131
residential care facility
retirement home
retirement home, converted,
 see Part 5, Section 122
rooming house
rooming house, converted,
 see Part 5, Section 122
rooming unit
shelter, 
see Part 5, Section 134
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

GM2 SUBZONE

 

(2)

In the GM2 Subzone:

   

(a)

the uses listed under subsections 187(1) and (2) are not permitted and the following uses are permitted:

     

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
community centre

community health and resource centre
diplomatic mission, 
see Part 3, Section 88
drive-through facility (OMB Order #PL080959 issued March 18, 2010)
dwelling unit
emergency service
group home,
 see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
library
planned unit development, see Part 5, Section 131
post office
residential care facility
retirement home
retirement home, converted,
 see Part 5, Section 122
rooming house
rooming house, converted,
 see Part 5, Section 122
rooming unit
shelter, 
see Part 5, Section 134
stacked dwelling , see Part 5, Section 138 (By-law 2010-307)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)
urban agriculture, see Part 3, Section 82 (By-law 2017-148)

   

(b)

the following uses are also permitted subject to:

     

(i)

the permitted floor space index being limited to 50%;

     

(ii)

being located on the ground floor, basement  of a building containing dwelling units;  (By-law 2015-191)

     

(iii)

animal care establishment,  animal hospital, artist studio, instructional facility, and recreational and athletic facility being restricted to a maximum gross floor area of 95 square metres for each use;  (By-law 2015-190)

     

(iv)

the retail food store excluding the sale of fresh meat, poultry, fish, vegetables or fruits; and

     

(v)

the provisions of subsection 187(3)(h)(ii) applies but may be reduced to 1 metre where a minimum 1.4 metre high opaque screen is provided;

     

animal care establishment (By-law 2015-190)
animal hospital
artist studio
instructional facility
medical facility
office
personal service business
recreational and athletic facility
retail food store
retail store
service and repair shop  

GM3 SUBZONE

 

(3)

In the GM3 Subzone:

   

(a)

Only the following residential uses are permitted:
bed and breakfast, see Part 5, Section 121
dwelling unit
planned unit development, 
see part 5, Section 131
rooming unit

   

(b)

In addition to the uses permitted under Section 187 (1), the following non-residential uses are permitted subject to:

     

(i)

the uses being completely enclosed within a building; and

     

(ii)

the provisions of subsection 187(3)(h)(ii) applying but may be reduced to 1 metre where a minimum 1.4 metre high opaque screen is provided; and

     

(iii)

parking and loading spaces, for these uses, are not permitted in a front yard or a side yard abutting a street.

     

automobile dealership
automobile rental establishment
automobile service station
broadcasting studio
car wash

diplomatic mission, see Part 3, Section 88
emergency service
gas bar
hotel

kennel
production studio

truck transport terminal
warehouse
urban agriculture, see Part 3, Section 82 (By-law 2017-148)

   

(c)

the following non-residential uses are permitted subject to:

     

(i)

the uses being located in a building containing an office or hotel use; and

     

(ii)

the provisions of subsection 187(3)(h)(ii) applying but may be reduced to 1 metre where a minimum 1.4 metre high opaque screen is provided;

     

bank
personal service business
restaurant

retail food store
retail store

GM4 SUBZONE

 

(4)

In the GM4 Subzone:

   

(a)

the uses listed under subsection 187(1) are not permitted and the following non-residential uses only are permitted:

     

animal care establishment(By-law 2015-190)
animal hospital
artist studio
bank
bank machine
broadcasting studio
community centre
community health and resource centre
day care
diplomatic mission, see Part 3, Section 88
drive-through facility (OMB Order #PL080959 issued March 18, 2010)
emergency service
hotel
office
personal service business
production studio
research and development centre
technology industry
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)   

   

(b)

a parking structure must be at least 6 metres from a residential zone but may be reduced to 3 metres if the wall that faces the residential zone contains no windows or openings;

   

(c)

the provisions of subsection 187(3)(h)(ii) applies but may be reduced to 1 metre where a minimum 1.4 metre high opaque screen is provided; and

   

(d)

the provisions of subsection 187(3)(f) do not apply and the building heights set out in Table 188A below apply. (By-law 2009-18)

TABLE 188A - MAXIMUM BUILDING HEIGHTS IN GM4 SUBZONE (By-law 2009-18)


LAND USE / LOCATION

II
MAXIMUM BUILDING HEIGHTS

(i) parking structure

11 m

(ii) for buildings located on the south side of Chamberlain Avenue, between Lyon Street and Bank Street

14 m

(iii) for buildings located on properties abutting the south side of Isabella Street

23.5 m

(iv) for buildings located on properties abutting the north side of Pretoria Street

22 m

(v) all other cases

18.5 m

GM5 SUBZONE

 

(5)

In the GM5 Subzone:

   

(a)

the uses listed under subsection 187(1) are not permitted and the following non-residential uses only are permitted:

     

artist studio
bed and breakfast,
 see Part 5, Section 121
community centre
community health and resource centre
diplomatic mission, 
see Part 3, Section 88
drive-through facility (OMB Order #PL080959 issued March 18, 2010)
hotel
instructional facility
medical facility
office
personal service business
place of assembly

place of worship
recreational and athletic facility
restaurant
retail store
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

   

(b)

the provisions of subsection 187(3)(h)(ii) applies but may be reduced to 1 metre where a minimum 1.4 metre high opaque screen is provided.

 

GM6 SUBZONE

 

(6)

In the GM6 Subzone:

   

(a)

the following uses are also permitted subject to the ground floor, excluding the lobby area, mechanical rooms and stairways, being occupied by one or more of the following uses:bank, day care, personal service business, place of assembly, recreational and athletic facility, restaurant fast food, restaurant take-out or retail store;

     

hotel
parking garage

   

(b)

the cumulative total gross floor area of all retail store and retail food store must not exceed 23,225 square metres, and must be distributed proportionally, on a lot by lot basis, in accordance with the following formula: (lot area ÷ zone area) x 23,255 square metres;

   

(c)

the lot coverage must not exceed 40%;

   

(d)

the provisions of subsection 187(3)(c) do not apply and the front yard and corner side yard setback must be at least 7.5 metres;

   

(e)

the provisions of subsection 187(3)(e) do not apply and the rear yard setback must be at least 3 metres;

   

(f)

the provisions of subsection 187(3)(h) do not apply to the front yard, corner side yard and rear yard setbacks and they must all be landscaped;

   

(g)

the provisions of subsection 187(4) do not apply and storage must be located in the principal building;

   

(h)

a parking structure is permitted if it is located on a lot with another principal use and it is located in a rear yard not abutting a street; and

   

(i)

required or provided parking may be used for additional parking for the sports arena in the L2[359] zone.(By-law 2010-354)

GM7 SUBZONE

 

(7)

In the GM7 Subzone:

   

(a)

the non-residential uses must not exceed a gross leasable area of 900 square metres each, except for community health and resource centre, medical facility, office, research and development centre and retail food store, which may use the full floor space index;

   

(b)

dwelling units and rooming units must be located a minimum of 0.5 metres above the finished grade at the lot line abutting a street;

   

(c)

drive-through facility is prohibited (By-law 2010-237)

   

(d)

the subzone provisions are set out in Table 188B.

TABLE 188B - GM7 SUBZONE PROVISIONS

I
ZONING MECHANISMS

II
PROVISIONS

(i) Minimum lot area

No minimum

(ii) Minimum lot width

No minimum

(iii) Required front yard and corner side yard setbacks abutting Wellington Street and Albert Street

3 m

(iv) Required front yard and corner side yard setbacks abutting Preston Street extended

1. for that portion of the building less than 14 metres and 4 storeys above grade: 0.5 m

2. for that portion of the building equal or greater than 14 metres or 4 storeys above grade: 3.5 m

(v) Required front yard and corner side yard setbacks abutting Booth Street

1. for that portion of the building less than 14 metres and 4 storeys above grade: 0.5 m

2. for that portion of the building equal or greater than 14 metres or 4 storeys above grade: 2.5 m

(vi) Required front yard and corner side yard setbacks abutting any other street

1. for that portion of the building less than 14 metres and 4 storeys above grade: 0.5 m

2. for that portion of the building equal or greater than 14 metres or 4 storeys above grade: 3

(vii) Minimum interior side yard and rear yard setbacks

No minimum

(viii) Minimum building height

1. for a building fronting on Booth Street: 14 metres and 4 storeys;

2. in all other cases: 11 metres and 3 storeys

(ix) Maximum floor space index

No maximum (By-law 2010-237)

(x) Minimum width of landscaped area

No minimum, except that where a yard is provided and not used for required driveways, aisles, parking or loading spaces, the whole yard must be landscaped

GM8 SUBZONE (By-law 2011-124)

       

GM9 SUBZONE

 

(9)

In the GM9 Subzone:

   

(a)

the uses listed under subsection 187(1) are not permitted and the following non-residential uses only are permitted:

     

animal care establishment(By-law 2015-190)
animal hospital
bank
bank machine
community centre
community health and resource centre
day care
diplomatic mission, see Part 3, Section 88
drive-through facility (OMB Order #PL080959 issued March 18, 2010)
emergency service
instructional facility
library
medical facility
municipal service centre
office
place of assembly
research and development centre
training centre  

GM10 SUBZONE

 

(10)

In the GM10 Subzone:

   

(a)

the uses listed under subsection 187(1) are not permitted and the following non-residential uses only are permitted subject to:

     

(i)

only one dwelling unit per office occupancy that may be provided on the third floor of a building containing a medical facility or an office use;

     

(ii)

no parking being required for any dwelling unit associated with an office use or medical facility;

     

diplomatic mission, see Part 3, Section 88
medical facility
office

GM11 SUBZONE

 

(11)

In the GM11 Subzone:

   

(a)

the following uses are also permitted:

     

amusement centre
cinema
hotel
museum
sports arena
theatre

GM12 SUBZONE

 

(12)

In the GM12 Subzone:

   

(a)

the following uses are also permitted:

     

amusement centre
amusement park
automobile dealership
automobile rental establishment
automobile service station
bar
car wash
cinema
gas bar
hotel
nightclub
parking lot
parking garage
sports arena
theatre

GM13 SUBZONE

 

(13)

In the GM13 Subzone:

   

(a)

the uses listed under subsections 187(1) and 187(2) are not permitted and the following uses only are permitted:

     

automobile rental establishment
automobile service station
broadcasting studio
community centre

community health and resource centre
day care
diplomatic mission, 
see Part 3, Section 88
drive-through facility
emergency service

funeral home
gas bar
hotel
medical facility
office
production studio
research and development centre
restaurant

retail food store
retail store
technology industry
training centre
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

GM14 SUBZONE

 

(14)

In the GM14 Subzone:

   

(a)

the following uses are also permitted:

     

automobile dealership
automobile rental establishment
automobile service station
bar
car wash
gas bar
nightclub
personal service business

   

(b)

the following uses are prohibited:

     

retail food store
retail store,
 except an automobile parts and accessories store, a building supply outlet, an equipment rental establishment, a furniture or appliance store, and a garden centre;

   

(c)

The maximum floor space index of 2.0 does not apply, and the maximum permitted gross floor area is 35,000 m2; (By-law 2008-386)

GM15 SUBZONE

 

(15)

In the GM15 Subzone:

   

(a)

the following uses are also permitted:

     

automobile service station
car wash
gas bar

GM16 SUBZONE

 

(16)

In the GM16 Subzone:

   

(a)

the following uses are also permitted:

     

automobile dealership
automobile rental establishment
automobile service station
car wash
gas bar

GM17 SUBZONE

 

(17)

In the GM17 Subzone:

   

(a)

the following uses are also permitted:

     

bar
cinema
nightclub
theatre

   

(b)

drive-through facility is prohibited (By-law 2010-237)

   

(c)

the subzone provisions are set out in Table 188D below

TABLE 188D - GM17 SUBZONE PROVISIONS


ZONING MECHANISMS

II
PROVISIONS

(i) Minimum lot area

No minimum

(ii) Minimum lot width

No minimum

(iii) Required front yard, interior side yard and corner side yard setbacks

1. for buildings on lots abutting Booth Street:

(i) for that portion of the building less than or equal to 14 metres and 4 storeys above grade: 0.5 m 

(ii) for the portion of the building greater than 14 metres or 4 storeys above grade: 2.5 m

2. for buildings on lots abutting LeBreton Boulevard or adjacent to a O1J H(21) S 94, 95 zone or a O1 S 94, 95 zone: 

(i) for that portion of the building less than or equal to 80 metres above sea level: 0.5 m

(ii) for that portion of the building greater than 80 metres above sea level: 3.5 m

(iv) Minimum rear yard setback

1. for buildings on lots abutting Booth Street:

(i) where a building is less or equal to 14 metres and 4 storeys above grade: 0.5 m

(ii) where a building is greater than 14 metres or 4 storeys above grade: 3 m

2. for buildings on lots abutting LeBreton Boulevard:

(i) where a building is less or equal than 20 metres and 6 storeys above grade: 0.5 m

(ii) where a building is greater than 20 metres or 6 storeys above grade: 3.5 m

(v) Minimum yard setback for all other yards

No minimum

(vi) Minimum building elevation above grade

any part of a residential unit must be at least 0.6 metre above the lowest point of the front lot line

(vii) Minimum building height

1. for buildings on lots fronting on Booth Street: 14 metres and 4 storeys

2. for buildings on lots fronting on both Booth Street and LeBreton Boulevard: 20 metres and 6 storeys

(viii) Maximum floor space index

No maximum (By-law 2010-237)

(ix) Minimum landscaped area

No minimum, except that where a yard is provided and not used for required driveways, aisles, parking, loading spaces or outdoor commercial patio, the whole yard must be landscaped

(x) Minimum width of landscaped area around a parking lot

see Section 110 – Landscaping Provisions for Parking Lots

   

(d)

principal entrances to commercial uses at grade must be recessed a minimum of 1.5 metres from the front lot line;

   

(e)

the required parking must be provided as follows:

     

(i)

at least 70% of the required parking must be provided in a building;

     

(ii)

the required parking that is not located in a building must be located in an interior yard or rear yard; and

     

(iii)

not more than 30% of the required parking may be provided at grade in an interior yard or rear yard. .

GM18 SUBZONE

 

(18)

In the GM18 Subzone:

   

(a)

the uses listed under subsections 187(1) and (2) are not permitted and the following uses are permitted:

     

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
broadcasting studio
community centre

community health and resource centre
diplomatic mission, 
see Part 3, Section 88
drive-through facility (OMB Order #PL080959 issued March 18, 2010)
dwelling unit
emergency service
home-based business,
 see Part 5, Section 127
home-based day care, see Part 5, Section 129
hotel
medical facility
office
planned unit development,
 see Part 5, Section 131
production studio
research and development centre
stacked dwelling
, see Part 5, Section 138 (By-law 2010-307)
technology industry
training centre
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

   

(b)

the following uses are also permitted subject to:

     

(i)

they are in the same building or on the same lot as a use or uses listed in subsection 188(18)(a) above; and

     

(ii)

the cumulative gross floor area does not exceed the total cumulative gross floor area of the use or uses listed in subsection 188(18)(a) above;

     

artist studio
bank

bank machine
bar
car wash
cinema
convenience store
day care
instructional facility
library
municipal service centre
nightclub
parking garage
parking lot
personal service business
place of assembly

place of worship
post office
recreational and athletic facility
restaurant, full service
restaurant, take-out

retail food store
retail store
service and repair shop
stacked dwelling
, see Part 5, Section 138 (By-law 2010-307)
theatre

GM19 SUBZONE

 

(19)

In the GM19 Subzone:

   

(a)

the uses listed under subsection 187(2) are not permitted and the following residential uses only are permitted:

     

apartment dwelling, low rise
retirement home
residential care facility (Subject to By-law 2012-349)
stacked dwelling 
, see Part 5, Section 138 (By-law 2010-307)
townhouse dwellingsee Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

GM20 SUBZONE

 

(20)

In the GM20 Subzone:

   

(a)

the following uses are also permitted:

     

bar
hotel
nightclub

GM21 SUBZONE

 

(21)

In the GM21 Subzone:

   

(a)

the following residential uses listed under subsection 187(2) are prohibited:

     

apartment dwelling, mid-high rise (Subject to By-law 2014-292)
bed and breakfast, 
see Part 5, Section 121
stacked dwelling

   

(b)

the uses listed under subsection 187(1) are not permitted and the following uses are permitted:

     

community centre
community health and resource centre
day care
emergency services
home based business
see Part 5, Section 127
home based day care, see Part 5, Section 129
library
medical facility
office

   

(c)

the following uses are also permitted provided they are located in a building containing an office or medical facility:

     

animal care establishment (By-law 2015-190)
animal hospital
bank
bank machine
drive-through facility (OMB Order #PL080959 issued March 18, 2010)
personal service business   

GM22 SUBZONE

 

(22)

In the GM22 Subzone:

   

(a)

the uses listed under subsections 187(1) and (2) are not permitted and the following uses only are permitted subject to:

     

(i)

a limit of two restaurants for a cumulative total gross floor area of 930 m2;

     

(ii)

the farmer’s market being limited to a combined maximum gross floor area and outdoor space of 3,720 m2; and

     

(iii)

bank and accessory uses to an automobile dealership being limited to a cumulative total gross floor area of 11,150 m2;

     

automobile dealership
automobile rental establishment
automobile service station
bank
bank machine
broadcasting studio
car wash
drive-through facility
emergency service
gas bar
medical facility
office
parking garage
parking lot
production studio
research and development centre
restaurant

retail food store, limited to a farmer’s market
technology industry

   

(b)

the subzone provisions are set out in Table 188E below.

TABLE 188E – GM22 SUBZONE PROVISIONS

I
ZONING MECHANISMS

II
PROVISIONS

(a) Minimum lot area

1,800 m2

(b) Minimum lot width

30 m

(c) Minimum front yard and corner side yard setbacks

9 m, except in the case of a parking space, which may be located no closer than 6.0 m to any public street (By-law 2012-33)

(d) Minimum interior side yard setbacks

2 m

(e) Minimum rear yard setback

7.5 m

(f) Minimum yard setback from Highway 417

14 m

(g) Maximum cumulative gross floor area for automobile dealership

21,135 m2

(h) Minimum width of landscaped area

No minimum, except that where a yard is provided and not used for required driveways, aisles, parking or loading spaces, the whole yard must be landscaped

(i) minimum width of landscaped area around a parking lot

see Section 110 – Landscaping Provisions for Parking Lots

(j) Parking Space Location

Despite (i) above and Section 110, Table 110(a), each dealership may use up to 25% of its frontage for display of vehicles, which may be located no closer than 1.5 metres to any public street, provided the balance of the frontage is landscaped. (By-law 2012-33)

GM23 SUBZONE

 

(23)

In the GM23 Subzone:

   

(a)

the following uses are also permitted:

     

automobile body shop
automobile dealership
automobile rental establishment
automobile service station
broadcasting studio
car wash
gas bar
hotel
heavy equipment and vehicle sales, rental and servicing
kennel
light industrial uses
production studio
storage yard 
warehouse
waste processing and transfer facility (non-putrescible)

   

(b)

the uses listed in Section 187(2) are prohibited; and

   

(c)

Section 187(4) does not apply provided that accessory outdoor storage is:

     

i)

fully screened from streets and adjacent properties by means of fencing or landscaping; and

     

ii)

not located in a front yard or closer to a street than the front wall of a building

GM24 SUBZONE- Major Shopping Centre Subzone

 

(24)

In the GM24 Subzone:

   

(a)

The following uses are also permitted:

     

amusement centre
amusement park
automobile service station
bar
broadcasting studio
car wash
cinema
gas bar
hotel
nightclub
parking garage
parking lot
production studio

school
theatre

   

(b)

The cumulative total gross floor area of medical facility, office, research and development centre and technology industry combined may not exceed 25% of the permitted floor space index.

   

(c)

A minimum of 50% of the lot width within 6 metres of the front lot line along,

     

(i)

Carling Avenue between Woodroffe Avenue and Iroquois Road, and

     

(ii)

St. Laurent Boulevard between Coventry Road and Highway 417 and

   

(d)

The subzone provisions are set out in Table 188F below.  (By-law 2015-293)

TABLE 188F – GM24 SUBZONE PROVISIONS

I
ZONING MECHANISMS

II
PROVISIONS

(a) Front yard and corner side yard setbacks

No minimum

(b) Minimum interior side yard setbacks

(i) abutting a residential zone

15 m

(ii) other cases

No minimum

(c) Minimum rear yard setback

(i) rear lot line abutting a residential zone

15 m

(ii) other cases

3 m

(d) Maximum building height

(i) within 20 m from a residential zone

11 m

(ii) in all other cases

25 m

(e) Minimum gross leasable area

50,000 m2

(f) Minimum width of landscaped area

(i) abutting a residential or institutional zone

3 m

(ii) all other cases

No minimum

GM25 SUBZONE

 
 

(25)

In the GM25 Subzone:

   

(a)

Despite subsection 187(1), the following non-residential uses only are permitted:
artist studio
bank
bank machine
catering establishment
community health and resource centre
convenience store
day care
instructional facility
library
medical facility
municipal service centre
office
personal service business
post office
recreational and athletic facility
full-service restaurant
take-out restaurant
retail food store
retail store
service and repair shop
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

   

(b)

The following uses are permitted subject to:

     

(i)

being prohibited within a heritage overlay;

     

(ii)

being prohibited within 50m of Maxwell Bridge Road except where within 75m of March Road

     

(iii)

a drive-through facility only being permitted within 75m of March Road

       

drive-through facility
fast-food restaurant

   

(c)

The subzone provisions are set out in Table 188G below:
       

(By-law 2009-162)

TABLE 188G – GM25 SUBZONE PROVISIONS

I
ZONING MECHANISMS

II
PROVISIONS

(i) Minimum yard setback from an O1 zone

3.0m

(ii) Maximum building height for any part of a building within 9m of a lot line abutting a street

11.0

(iii) Maximum floor space index

1. for all non-residential uses, except office and bank

0.3

2. for office and bank

0.6 less the floor space index utilized by other non-residential uses

3. for residential uses

0.4

(iv) Minimum separation between buildings

1. within a heritage overlay

15.0 m

2. other cases

no minimum

         
   

(d)

All continuous lands within the GM25 zone are considered to be one lot for purposes of administering the zoning by-law.

       
(By-law 2009-162)

GM26SUBZONE

 
 

(26)

In the GM26 Subzone:

   

(a)

in addition to the uses listed in subsection 187(1) the following non-residential uses are permitted:
amusement centre
amusement park
automobile dealership
automobile rental establishment
automobile service station
bar
car wash
cinema
gas bar
hotel
nightclub
parking garage
parking lot
sports arena
theatre

   

(b)

the uses listed in subsection 187(2) are not permitted and the following residential uses are permitted subject to 187(2)(a) and;

     

(i)

no more than 50% of the permitted floor space index may be used;

     

(ii)

the residential uses are in a mixed use building; and

     

(iii)

residential uses are located above the ground floor:

       

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
dwelling unit
planned unit development, 
see Part 5, Section 131
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

   

(c)

all contiguous lands zoned GM26 are considered one lot for zoning purposes;

   

(d)

building faces must occupy at least 45% of the width of the street frontages along Earl Armstrong Road and Limebank Road within 6.0 metres of the lot lines abutting those streets;

   

(e)

a minimum of 50% of the area of the ground floor part of the walls facing a public street must consist of openings such as windows and customer entrances;
   

(f)

despite anything to the contrary in Table 187 the following provisions apply:

     

(i)

minimum interior side yard abutting a residential zone: 9 metres,

     

(ii)

minimum rear yard abutting a residential zone: 9 metres,

     

(iii)

minimum width of landscaped area abutting a residential zone: 6 metres.
(By-law 2010-34)

GM27SUBZONE - CATHEDRAL HILL

 

(27)

In the GM27 Subzone:

   

(a)

only the following uses are permitted:
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
columbarium
dwelling units
library

office
personal service
place of assembly
place of worship
restaurant
retail food store
retail store
townhouse dwelling
(By-law 2012-334)

   

(b)

subsection 187(3) does not apply,

   

(c)

retail food store, retail store, personal service and restaurant uses are only permitted in shaded areas on Schedule 206,

   

(d)

dwelling units may take the form of an apartment dwelling, mid-high rise attached to non-residential buildings and townhouse dwellings attached to non-residential buildings, (By-law 2012-334) (Subject to By-law 2014-292) 

   

(e)

despite the definition of library, a library includes a private library and archives,

   

(f)

minimum yard setbacks are as per Schedule 206,

   

(g)

maximum building heights are as per Schedule 206,

   

(h)

all contiguous lands zoned GM27 are considered one lot for zoning purposes.(By-law 2011-186)

GM28 SUBZONE

 
 

(28)

In the GM28 Subzone:

   

(a)

in addition to the uses listed in subsection 187(1) the following non-residential uses are permitted:
amusement centre
amusement park
automobile rental establishment
automobile service station
bar
car wash
cinema
gas bar
hotel
nightclub
park
(By-law 2016-222)
parking lot
parking garage
theatre

     

notwithstanding the list in subsection 187(1) or above the following uses are prohibited within 25 m of:

     

(i)

the street shown as Mainstreet on the Land Use Plan in the Riverside South CDP, and (By-law 2016-222)

     

(ii)

a street that is an integrated public street and rapid transit network:

       

amusement park
automobile service station
car wash
drive-through facility
gas bar
parking lot

above grade parking garage

   

(b)

the uses listed in subsection 187(2) are not permitted and the following residential uses are permitted subject to 187(2)(a) and;

     

(i)

the residential uses are in a mixed use building;

     

(iii)

residential uses are located above the ground floor;

     

dwelling unit  (By-law 2016-222)

   

(c)

building faces must occupy at least 70% of the entire length of the lot frontage along the street shown as  Mainstreet on the Land Use Plan in the Riverside South CDP within 3.0 metres of the lot lines abutting that street,  (By-law 2016-222)

   

(d)

on any lot and within 3.0 metres of the lot line abutting the street, building faces must occupy at least 70% of the length of the lot frontage along a street that is an integrated public street and rapid transit network;
   

(e)

for that portion of a building subject to clause (c) and (d) the minimum front and corner side yard setbacks of Table 187 do not apply; (By-law 2016-222)
   

(f)

building faces must occupy at least 40% of the length of the lot frontages along other public streets within 6.0 metres of the lot lines, unless there are registered drainage easements;

   

(g)

a minimum of 75% of the area of the ground floor part of the walls facing the street shown as Mainstreet on the Land Use Plan in the Riverside South CDP and the street that is an integrated public street and rapid transit network must consist of openings such as windows and customer entrances. (By-law 2016-222) 

   

(h)

a minimum of 50% of the area of the ground floor part of the walls facing other public streets must consist of openings such as windows and customer entrances;,

   

(i)

for (f) and (h) above a wall will only be considered to be facing a street if it is within 8 metres of the street lot line;  (By-law 2016-222)

   

(j)

where a lot abuts the Mainstreet as identified on the Land Use Plan in the Riverside South CDP or the integrated public street and rapid transit network shown on Schedule 269, ground floor corner occupancies in a building facing either street must have one active entrance facing that street; (By-law 2016-222) 

   

(k)

for (j) above a wall will only be considered to be facing a street if it is within 20 metres of a street lot line; (By-law 2016-222)

   

(l)

parking structures must be at least 6 metres from a residential zone and be no more than 11 metres in height;

   

(m)

building heights are as per Schedule 269.(By-law 2011-306)

   

(n)

within the GM28 subzone, Table 187(g) does not apply. (By-law 2016-222) 

GM29 SUBZONE

 

 

(29)

In the GM29 Subzone:

 

 

(a)

the uses listed under subsection 187(1) are not permitted and the following non-residential uses only are permitted:
amusement centre
amusement park
, limited to an indoor entertainment facility
animal care establishment
animal hospital
artist studio
automobile service station
bank
bank machine
broadcasting studio
catering establishment
community centre
community health and resource centre
convenience store
day care
diplomatic mission
emergency service
home-based business
home-based daycare
instructional facility
library
light industrial uses
medical facility
office
park
parking garage
parking lot
personal service business
place of assembly
post office
production studio
recreational and athletic facility
research and development centre
service and repair shop
small batch brewery,
see Part 3, Section 89
technology industry
training centre
urban agriculture
(By-law 2017-148)
warehouse

 

 

(b)

the following uses are also permitted subject to:,

 

 

 

(i)  the provisions of subsection 199(3) to (5);

 

 

 

(ii)  the cumulative total gross floor area of these uses not exceeding 2,999 m2, and

 

 

 

(iii) each use not exceeding 300 square metres of gross floor area;

 

 

 

restaurant
retail food store
retail store

 

 

(c)

the following uses are also permitted, provided the property has frontage on Heron Road:

 

 

 

gas bar
car wash
automobile service station

 

 

(d)

the uses listed under subsection 187(2) are not permitted and the following residential uses only are permitted subject to:

 

 

 

(i) a maximum of three guest bedrooms in a bed and breakfast; and;

 

 

 

(ii) a maximum of ten residents permitted in a group home;

 

 

 

(iii)  where a planned unit development is permitted on a lot in the subzone, the provisions of Section 131 apply, and the associated subzone provisions affecting permission of uses, minimum lot widths and lot areas, as well as minimum required setbacks apply to the whole of the lot, while the maximum height applies to each permitted dwelling type within the planned unit development.

 

 

 

(iv) conversions that alter an existing residential use building to create another listed permitted use in the zone are subject to the provisions of Section 122 – Conversions:

 

 

 

apartment dwelling, low rise
bed and breakfast, see Part 5, Section 121
detached dwelling
diplomatic mission, see Part 3, Section 88
duplex dwelling, see Part 5, Section 138
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based daycare, see  Part 5, Section 129
linked-detached dwelling, see Part 5, Section 138
park
planned unit development, see Part 5, Section 131
retirement home, converted, see Part 5, Section 122
retirement home
rooming house, converted, see Part 5, Section 122
rooming house
secondary dwelling unit, see Part 5, Section 133
semi-detached dwelling, see Part 5, Section 138
stacked dwelling, see Part 5, Section 138
three-unit dwelling
townhouse dwelling, see Part 5, Section 138 
urban agriculture, see Part 3, Section 82 (By-law 2017-148)

 

 

(e)

the following maximum building heights apply to residential use, non-residential use and mixed-use buildings:

 

 

 

(i) in any area up to and including 20 metres from a property line abutting a R4 zone:  11 m

 

 

 

(ii) in any area over 20 metres from a property line abutting a R1, R2, R3, R4 residential zone:  22 metres  (By-law 2012-91)  (By-law 2016-336)

       

GM30 SUBZONE 

 
  (30) In the GM30 Subzone: 
    (a)  In addition to the uses permitted under subsection 187(1), the following non-residential uses are permitted: 
     

amusement centre
amusement park
automobile dealership
automobile service station
bar
car wash
cinema
gas bar
hotel
nightclub
theatre

    (b) The uses listed under subsection 187(2) are not permitted and only dwelling units are permitted subject to:
      (i)  clause 187(2)(a); 
      (ii) not comprising more than 50 per cent of the permitted floor space index and,
      (iii) being located in a mixed use building above the ground floor.
    (c) Buildings must occupy at least 45 per cent of the width of the street frontage along Limebank Road within 6 metres of the lot line abutting Limebank Road;
    (d) Buildings must occupy at least 20 per cent of the width of the street frontage along Earl Armstrong Road within 6 metres of the lot line;
    (e) A minimum of 25 percent of the total area of the ground floor facades facing the streets must consist of glazing, with at least 7 per cent of the total area being transparent glazing.  (By-law 2015-283) (By-law 2015-371)
       

GM31 SUBZONE

  (31) In the GM31 Subzone:
    (a) the following uses are also permitted:
     

cinema
hotel
museum
theatre

    (b) the following uses are prohibited:
     

drive-through facility
townhouse dwelling
stacked dwelling

    (c) where the building contains more than four storeys but less than 13 storeys, at and above the fourth storey a building must be setback a minimum of an additional 2 metres more than the provided setback from the front and corner side lot lines;
    (d) For buildings over 20 metres in height or that are greater than six storeys, whichever is less:
      (i)  when the portion of the building over 20 metres in height or at or above the seventh storey, whichever is less contains only residential uses, the maximum building area of each floor plate over 20 metres in height or at or above the seventh storey, whichever is less, is 750 square metres of gross floor area;
      (ii) when the portion of the building over 20 metres in height or at or above the seventh storey, whichever is less contains non-residential uses, the maximum building area of each floor plate over 20 metres in height or at or above the seventh storey, whichever is less, is 2000 square metres of gross floor area;
    (e) where the building height is equal to or less than six storeys or 20 metres, whichever is the lesser, the maximum building floor plate for buildings containing non-residential uses other than office, medical facility, research and development facility, technology industry or training centre is 3,000 square metres gross floor area;
    (f) the minimum separation distance between portions of a building above four storeys is 23 metres;
    (g) the minimum separation distance between portions of a building above nine storeys is 30 metres;
    (h) where non-residential uses are located on the first storey of a building, the area of the wall of the first storey facing the street must have a minimum of 50 per cent of the façade consisting of transparent glazing;
    (i) with the exception of Planned Unit Developments and dwelling units within an apartment, the principal entrance door is required to face the front or corner side lot line
    (j) The minimum building height is two storeys;
    (k) For a Planned Unit Development:
      (i) the minimum front, rear and side yard setbacks for the planned unit development are 5 metres;
      (ii)The minimum separation distance between principal buildings within a planned unit development are as follows: 
      (1) Where the height of both neighbouring buildings within the PUD is less than or equal to 16 metres: 3 metres;
      (2) Where the height of one or both neighbouring buildings within the PUD is greater than 16 metres: the sum of 25% of the height of the abutting buildings, per building. 
    (l) A maximum of one driveway is permitted for each lot having a frontage of 45 metres or less;
    (m) The minimum driveway width for parking lots and parking garages is 3 metres;
    (n) The maximum driveway width for parking lots and parking garages with less than 20 parking spaces is 3.6 metres;
    (o) The maximum driveway width for parking lots and parking garages with 20 or more parking spaces is 6 metres;
    (p) A driveway may be situated equally or in part between two abutting lots where those lots only contain non-residential or mixed-use buildings;
    (q) Where a lot is abutting Hemlock Road, the façade facing Hemlock Road must include at least one active entrance per occupancy serving each residential or non-residential use occupying any part of the ground floor;
    (r) where a restaurant,  retail store, or retail food store is less than 200 square metres of GFA, no parking spaces are required.  Where a restaurant, retail store or retail food store is greater than 200 square metres of GFA, the minimum parking requirement is 5 spaces per 100 square metres over 200 square metres of GFA;
    (s) parking is not required for a group home and the minimum number of parking spaces required for a shelter is 1/200 square metres of GFA;
    (t) despite item h) in Table 187, no landscaped area is required abutting a street for buildings with no required front or corner side yard setback; (By-law 2015-369)

TABLE 188H – GM31 SUBZONE PROVISIONS  (By-law 2015-369)

I
ZONING MECHANISMS

II
PROVISIONS

(i) Minimum front and corner side yard setbacks

1. for a building with residential land use at grade

5 m

2. all other cases

0 m

(ii) Maximum setback

1. despite row (i)1. above, for those lots east of Codd’s road where they abut Hemlock Road

2 m

2. all other cases

n/a

(iii) Minimum  interior side yard setback

1. a building with residential land use at grade or where the minimum interior side yard abuts a park or the building is higher than 11 m in height

3 m

2. all other cases

1.5 m

(iv) Minimum rear yard setback

1. a building with a residential land use at grade or where the rear yard abuts a residential zone

7. 5 m

2. where a rear yard abuts a park

5 m

3. where the rear yard abuts a street

3 m

4.  all other cases

No minimum

Maximum floor space index

 

No maximum

LC - Local Commercial Zone (Sec. 189-190)

Purpose of the Zone

The purpose of the LC – Local Commercial Zone is to:

 

(1)

allow a variety of small, locally-oriented convenience and service uses as well as residential uses in the General Urban Areas and in the Residential Character Areas of the Central Areadesignations of the Official Plan;

 

(2)

restrict the non-residential uses to individual occupancies or in groupings as part of a small plaza that would meet the needs of the surrounding residential areas;

 

(3)

provide an opportunity to accommodate residential or mixed uses development; and

 

(4)

impose development standards that will ensure that the size and scale of development are consistent with that of the surrounding residential area.

 

189.

In the LC Zone:

Permitted Non-residential Uses

 

(1)

The following non-residential uses are permitted subject to:

   

(a)

the provisions of Table 189(3), (4) and (5);

   

(b)

each separate occupancy not exceeding 900 square metres in gross leasable area; and

   

(c)

the total area occupied by all the separate occupancies combined not exceeding a gross leasable area of 3,000 square metres;

     

animal care establishment
animal hospital
artist studio
bank

bank machine
click and collect facility (By-law 2016-289)
community health and resource centre
convenience store
day care
drive-through facility
 (OMB Order #PL080959 issued March 18, 2010)
instructional facility
library
medical facility
municipal service centre
office
personal service business
post office
recreational and athletic facility
restaurant 
retail food store
retail store
service and repair shop
small batch brewery, 
see Part 3, Section 89  
urban agriculture, see Part 3, Section 82 (By-law 2017-148)

Permitted Residential Uses

 

(2)

The following residential uses are permitted subject to:

   

(a)

the provisions of subsections 189(3), (4) and (5);

   

(b)

a maximum of ten guest bedrooms in a bed and breakfast.

     

apartment dwelling, low rise
bed and breakfastsee Part 5, Section 121
dwelling unit
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
planned unit development, see Part 5, Section 131
retirement home
retirement home, converted
, see Part 5, Section 122 
rooming house
rooming house, converted
, see Part 5, Section 122
rooming unit
stacked dwelling
, see Part 5, Section 138 (By-law 2010-307) (2008-341)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

Zone Provisions

 

(3)

The zone provisions are set out in Table 189 below.

     
TABLE 189 – LC ZONE PROVISIONS
     

I
ZONING MECHANISMS

II
PROVISIONS

(a) Minimum lot area

No minimum

(b) Minimum lot width

No minimum

(c) Minimum front yard and corner side yard setbacks

3 m

(d) Minimum interior side yard setbacks

(i) for a non-residential use building or a mixed residential / non-residential use building, from that portion of a lot line abutting a residential zone

5 m

(ii) for a residential use building

1.2 m

(iii) other cases

No minimum

(e) Minimum rear yard setbacks

(i) abutting a street

5 m

(ii) for a non-residential use building or a mixed residential / non-residential use building, from that portion of a rear lot line abutting a residential zone

7.5 m

(iii) for a residential use building

7.5 m

(iv) other cases

No minimum

(f) Maximum building height

12.5 m

(g) Maximum floor space index

No maximum

(h) Minimum width of landscaped area

(i) abutting a street

3 m

(ii) abutting a residential or institutional zone

3 m

(iii) other cases

No minimum

(i) minimum width of landscaped area around a parking lot

see Section 110 – Landscaping Provisions for Parking Lots

           
 
 

(4)

Storage must be completely enclosed within a building.

 

(5)

In the LC zone in Areas B, X and Y on Schedule 1A, no parking spaces are required for the following uses:

    (a) bank
    (b) convenience store
    (c) day care
    (d) municipal service centre
    (e) personal service business
    (f) retail store
    (g) retail food store
    (h) service and repair shop (By-law 2016-249)
       
 

(6)

For other applicable provisions, see Part 2 – General Provisions, Part 3 – Special Use provisions, and Part 4 – Parking and Loading Provisions.  (By-law 2016-249)

       
 

LC Subzones

190.

In the LC Zone, the following subzones apply:

 
LC1 Subzone
 

(1)

 

In the LC1 Subzone:

     

(a)

the uses listed under subsection 189(1) are not permitted and only the following non-residential uses are permitted:

        animal care establishment
artist studio
bank
bank machine
community health and resource centre
convenience store
day care
instructional facility
library
medical facility
personal service business
post office
restaurant
retail food store
retail store
service and repair shop
small batch brewery
urban agriculture (By-law 2017-148)
     

(b)

the provisions of subsection 189(1)(b) do not apply and each single occupancy must not exceed 300 square metres of gross leasable area; and

     

(c)

the provisions of clause 189(1)(c) do not apply and the total area occupied by all separate occupancies combined  must not exceed a gross leasable area of 1000 square metres;
     

(d) 

Sub-sections 85(3), (4) and (6) do not apply where the total cumulative total gross leasable floor area of all non-residential uses on the lot is less than 100 square metres, and Outdoor Commercial Patio is limited to a maximum of 10 square metres and must be located in the front yard and / or corner side yard; and,
     

(e) 

despite section 101, parking is not required for a non-residential use. (By-law 2015-197)
 
LC2 Subzone
 

(2)

 

Reserved for Future Use (By-law 2015-197)

         
 
LC3 Subzone
 

(3)

 

Reserved for Future Use (By-law 2015-197)

         
 
LC4 Subzone
 

(4)

 

Reserved for Future Use (By-law 2015-197)

         
 
LC5 Subzone
 

(5)

 

In the LC5 Subzone:

     

(a)

the uses listed under subsection 189(1) are not permitted and only the following non-residential uses are permitted:

       

bank
bank machine
community health and resource centre
convenience store
day care
drive-through facility 
(OMB Order #PL080959 issued March 18, 2010)
library
medical facility
municipal service centre
office
personal service business
recreational and athletic facility
restaurant, full service 
(By-law 2012-180)
restaurant, take out
retail food store
retail store
service and repair shop
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

         
LC6 Subzone
 

(6)

 

In the LC6 Subzone:

     

(a)

the uses listed under subsection 189(1) are not permitted and only the following non-residential uses are permitted; and

     

(b)

A community health and resource centre, day care, library, municipal service centre, place of worship and a school:

       

(i)

must be in the same lot or in a building containing one of the permitted uses; and

       

(ii)

cannot be developed prior to a permitted use:

       

community health and resource centre
convenience store
day care
drive through facility
gas bar
library
medical facility
municipal service centre
office
personal service business

place of worship
restaurant
retail food store
retail store
school
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

 
LC7 Subzone
 

(7)

 

In the LC7 Subzone

     

(a)

the uses listed under subsection 189(1) are not permitted and only the following non-residential uses are permitted:

       

artist studio
bank

bank machine
community health and resource centre
convenience store (
By-law 2009-302)
day care
drive through facility
library
medical facility
municipal service centre
office
personal service business
post office
recreational and athletic facility
restaurant, full service
restaurant, take out
retail food store
retail store
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

LC8 Subzone (By-law 2013-205)
 

(8)

In the LC8 Subzone:

 

 

(a)

the uses listed under subsection 189(1) are not permitted and only the following non-residential uses are permitted subject to the provisions of subsections 189(4) and (5), and the following provisions:

 

 

 

(i)

The provisions of subsections 189(1)(b) and (c) do not apply and a maximum of two non-residential occupancies are permitted in one stand-alone building per lot with a permitted combined total gross leasable floor area no greater than 500 square metres

 

 

 

(ii)

The permitted non-residential uses must be located on the ground floor, in the basement or cellar of the building, or any combination thereof  (Subject to By-law 2015-191)

 

 

 

(iii)

A maximum of two dwelling units are permitted in a mixed-use building

 

 

 

(iv)

An urban agriculture or park is not subject to the provisions of Table 190(8)(a), however, will be subject to the subzone provisions for a detached dwelling as detailed in Table 190(8)(b).  (By-law 2017-148)

 

 

 

animal care establishment
animal hospital
artist studio
day care
instructional facility
medical facility
office
park
personal service business
production studio
service and repair shop
urban agriculture
(By-law 2017-148)

 

 

(b)

The subzone provisions for non-residential uses and mixed use are set out in Table 190(8)(a).

TABLE 190(8)(a) – LC8 SUBZONE NON-RESIDENTIAL AND MIXED USE PROVISIONS

I
ZONING MECHANISMS

II
PROVISIONS

(a) Minimum lot area

No minimum

(b) Minimum lot width

No minimum

(c) Minimum front yard and corner side yard setbacks

3 m

(d) Minimum interior side yard setback

(i) from that portion of a lot line abutting a residential zone

5 m

(ii) other cases

No minimum

(e) Minimum rear yard setback

(i) abutting a street

5 m

(ii) from that portion of a rear lot line abutting a residential zone

7.5 m

(iii) other cases

No minimum

(f) Minimum width of landscaped area

(i) abutting a street

3 m

(ii) abutting a residential or institutional zone

3 m

(iii) other cases

No minimum

(g) Minimum width of landscaped area around a parking lot

See Section 110 – Landscaping Provisions for Parking Lots

 

 

(c)

The residential uses listed under subsection 189(2) are not permitted and only the following residential uses are permitted, subject to the provisions of subsections 189(4) and (5) and the following provisions:

 

 

 

(i)

a maximum of three guest bedrooms in a bed and breakfast;

 

 

 

(ii)

a maximum of four dwelling units is permitted; (By-law 2017-148)

 

 

 

(iii)

a maximum of ten residents is permitted in a group home; and

 

 

 

(iv)

a maximum of ten residents is permitted in a retirement home, converted.

 

 

 

(v)

For a planned unit development, the provisions of Section 131 apply, and the provisions identified in Table 190(8)(b) affecting permission of uses, minimum lot widths and lot areas, as well as minimum required setbacks, apply to the whole of the lot while the maximum height applies to each permitted dwelling type within the planned unit development.

 

 

 

(vi)

A group home is subject to the subzone provisions for a detached dwelling.

 

 

 

(vii)

Conversions that alter an existing residential use building to create another listed permitted use are subject to the provisions of Part 5, Section 122 - Conversions.

 

 

 

(viii)

Minimum lot width, lot area and parking requirements for linked-detached dwelling, semi-detached dwelling and townhouse dwelling shall apply to each portion of a lot on which each individual dwelling unit is located, whether or not that parcel is to be severed.

 

 

 

(ix)

Access to a lot by means of a rear lane is permitted, provided the rear lane is a minimum of 8.5 metres wide. Where access is via the rear lane, the minimum rear yard setback may be reduced to 1.0 metre, and in no case may the width of the garage, carport or driveway exceed 50% of the width of the rear lot line.

 

 

 

(x)

Minimum total interior side yard setback for a detached or linked-detached dwelling is 1.8 m, with one minimum yard no less than 0.6 m wide. Where there is a corner lot on which is located only one interior side yard, the minimum required interior side yard setback equals the minimum required for at least one yard.

 

 

 

(xi)

For front and corner side yard setbacks, the minimum setback between the vehicular entrance to a private garage or carport and an existing or planned sidewalk is 6.2 m. No portion of a private garage or carport shall be located more than 2.5 m closer to a street lot line than the closer of a building front wall or side wall, or a covered porch or veranda that is at least 2.5m wide.

 

 

 

(xii)

For rear yard and interior side yard setbacks within a planned unit development, the required minimum yard setback for a yard abutting a lot line of an adjacent lot in any zone is 1.2 m for the first 21 m back from the street lot line. In all other circumstances, the required yard setback is 6 m.

 

 

 

bed and breakfast
detached dwelling
dwelling unit
duplex dwelling
group home
home-based business
home-based day care
linked-detached dwelling
planned unit development
retirement home
retirement home, converted
secondary dwelling unit
semi-detached dwelling
three-unit dwelling
townhouse dwelling 
(By-law 2017-148)

 

 

(d)

The subzone provisions for residential uses are set out in Table 190(8)(b).

TABLE 190(8)(b) – LC8 SUBZONE RESIDENTIAL PROVISIONS

I
Principal Dwelling Type

II
Minimum Lot Width (m)

III
Minimum Lot Area (m2)

IV
Minimum Front Yard Setback (m)

V
Minimum Corner Side Yard Setback (m)

VI
Minimum Rear Yard Setback (m)

VII
Minimum Interior Side Yard Setback (m)

Planned Unit Development

18

1,400

3

3

varies (refer to 190(8)(c)(xii)

varies (refer to 190(8)(c)(xii)

Three Unit

18

450

3

3

6

1.2

Duplex

14

380

3

3

6

1.2

Detached, Linked-detached

9

240

3

3

6

varies (refer to 190(8)(c)(x)

Semi-Detached

7

190

3

3

6

0.9

Townhouse

6

150

3

3

6

1.2

Retirement home

18

540

3

3

9

3

MC - Mixed-Use Centre Zone (Sec. 191-192)

Purpose of the Zone

The purpose of the MC – Mixed-Use Centre Zone is to:

 

(1)

ensure that the areas designated Mixed-Use Centres in the Official Plan,  or a similar designation in a Secondary Plan, accommodate a combination of transit-supportive uses such as offices, secondary and post secondary schools, hotels, hospitals, large institutional buildings, community recreation and leisure centres, day care centres, retail uses, entertainment uses, service uses such as restaurants and personal service businesses, and high- and medium-density residential uses;  (By-law 2015-293)

 

(2)

allow the permitted uses in a compact and pedestrian-oriented built form in mixed-use buildings or side by side in separate buildings; and

 

(3)

impose development standards that ensure medium to high profile development while minimizing its impact on surrounding residential areas.

         

191.

In the MC Zone:

Permitted Uses

 

(1)

The following uses are permitted subject to:

   

(a)

the provisions of subsections (2) to (4); and

   

(b)

principal use parking lots other than rapid-transit network park and ride facilities, being located at least 600 metres from a rapid transit station;

     

amusement centre
animal care establishment
animal hospital

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
artist studio
bank

bank machine
bar
broadcasting studio
cinema

click and collect facility (By-law 2016-289)
community centre
community health and resource centre
convenience store
court house
day care
diplomatic mission, 
see Part 3, Section 88
drive-through facility
dwelling units
emergency service
group home, 
see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
hospital
hotel
instructional facility
library
medical facility
municipal service centre
museum
nightclub
office
parking garage
parking lot
personal service business
place of assembly

place of worship
planned unit development, see Part 5, Section 131
post office
post-secondary educational institution
production studio
recreational or athletic facility
research and development centre
residential care facility
restaurant
retail food store
retail store
retirement home
retirement home, converted, see Part 5, Section 122
rooming house,
rooming house, converted, see Part 5, Section 122
school
service and repair shop
shelter, see Part 5, Section 134
small batch brewery, see Part 3, Section 89
sports arena
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
technology industry
theatre
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)
training centre
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)  

Zone Provisions

 

(2)

The zone provisions are set out in Table 191 below.

         

TABLE 191 - MC ZONE PROVISIONS

     

I
ZONING MECHANISMS

II
PROVISIONS

(a) Minimum lot area

No minimum

(b) Minimum lot width

No minimum

(c) Minimum front yard and corner side yard setback

(i) abutting a lot in a residential zone

3 m

(ii) abutting the rapid transit corridor

2 m

(iii) other cases

No minimum

(d) Minimum interior side yard setback

(i) abutting a lot in a residential zone

3 m

(ii) abutting the rapid transit corridor

2 m

(iii) other cases

No minimum

(e) Minimum rear yard setback

(i) rear lot line abutting a lot in a residential zone

6 m

(ii) abutting the rapid transit corridor

2 m

(iii) other cases

No minimum

(f) Maximum floor space index

No maximum; unless otherwise shown on the zoning map

(g) Minimum building height

(i) for all uses within 400 metres of a rapid transit station, other than a gas bar where it is permitted by an exception

6.7 m

(ii) other cases

No minimum

(h) Maximum building heights

(i) in any area up to and including 20 metres from a property line abutting a R1, R2, R3 or R4 zone (By-law 2011-124)

11 m

(ii) in any area over 20 metres and up to and including 30 metres from a property line abutting a R1, R2, R3 or R4 residential zone (By-law 2011-124)

20 m

(iii) in all other cases

No maximum, or as shown by the suffix “H”, on a zoning map, or specified in a subzone or exception where applicable

(i) Minimum width of landscaped area

No minimum, except that where a yard is provided and not used for required driveways, aisles, parking, loading spaces or outdoor commercial patio, the whole yard must be landscaped

           
 

(3)

Storage must be completely enclosed within a building.

 

(4)

For other applicable provisions, see Part 2 – General Provisions, Part 3 – Specific Use Provisions, and Part 4 – Parking, Queuing and Loading Provisions.

   (5)  

(Introduced  by By-law 2014-292)  (Introduced by By-law 2015-192)

       

MC SUBZONES

192.

In the MC Zone, the following subzones apply:

MC1 SUBZONE
 

(1)

In the MC1 Subzone:

   

(a)

The following uses are permitted subject to:

     

(i)

a minimum of 6,967.5 square metres of gross floor area, to a maximum of 9,290 square metres of gross floor area being used for the uses listed in subsection 192(1);

     

(ii)

being located at least 55 metres above sea level, but not more than 70 metres above sea level; and

     

(iii)

where, a wall is adjacent to, and within an elevation of 1 metre of a walkway, open concourse, or other pedestrian area, and that wall is the only thing that separates a use mentioned below from the exterior of a building, then each such use or occupancy must have direct access from the interior of the building to that walkway, open concourse, or other pedestrian area.

       

bank
nightclub
personal service business
restaurant

retail food store
retail store
service and repair shop

   

(b)

This zone is deemed to be one lot for zoning purposes.

   

(c)

Only the following uses are permitted in the area shown as Area A on Schedule 170:

     

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
residential care facility
retirement home
rooming house
shelter, 
see Part 5, Section 134
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

   

(d)

The subzone provisions are set out in Table 192A below.

         

TABLE 192A - MC1 SUBZONE PROVISIONS

I
MECHANISMS

II
PROVISIONS

(i) Location of buildings

All buildings situated above ground level must be located within the areas which are not shaded on Schedule 169. Motor vehicle ramps and mechanical venting equipment may be located within the most westerly shaded area shown on Schedule 169, and mechanical venting equipment may be located within the most easterly shaded area shown on Schedule 169.

(ii) Maximum building height

As shown on Schedule 169

(iii) Maximum gross floor area

1. Townhouse dwelling, group home, high-rise apartment building, low-rise apartment building, residential care facility, retirement home, rooming house and shelter: (By-law 2012-334)
(a). Area A on Schedule 170: 11 612 m2
(b). Area B on Schedule 170: 47 564 m2
2. Other uses:
maximum: 109,157 m2
Total uses: 120,770 m2

(iv) Minimum landscaped areas

4,885 m2

                 
         
   

(e)

All parking must be located within a building except for a maximum of 60 spaces is located in Area B on Schedule 170.

   

(f)

Parking must be provided for uses other than group home, apartment dwelling, low rise, apartment dwelling, mid-high rise, townhouse dwelling, residential care facility, retirement home, rooming house and shelter at a rate of 1.7 parking space for every 100 square metres of gross floor area, to a maximum of 2,100 parking spaces. (By-law 2012-334) (Subject to By-law 2014-292) 

MC2 SUBZONE
 

(2)

In the MC2 Subzone:

   

(a)

50% of the ground floor of a residential use building must be occupied by a non-residential use;

   

(b)

despite the provisions of section 191(2), the following provisions apply:

     

(i)

minimum front yard, corner side yard, interior side yard and rear yard setbacks: no minimum;

     

(ii)

maximum front yard, corner side yard and rear yard setbacks: 3.5 metres;

     

(iii)

minimum front yard and corner side yard setbacks for surfaced parking: 10 metres;

     

(iv)

floor space index: minimum: 0.75, maximum: 2.0;

     

(v)

minimum building separation on a lot:

       

1.

between main buildings:

         

(a)

between facing walls, both of which contain room windows: 12 metres,

         

(b)

between facing walls, one of which contains room windows: 6.5 metres,

         

(c)

between facing walls, neither of which contain room windows: 3.5 metres;

       

2.

between a main building and a parking garage:

         

(a)

where the main building contains room windows: 6.0 metres,

         

(b)

where the main building contains no room windows: 3.5 metres;

       

3.

between a main building and an accessory building: 3.5 metres;

       

4.

minimum main building setback from an approach:

         

(a)

between an approach and a building wall that contains room windows: 3 metres;

   

(c)

for accessory buildings, Section 55 does not apply and the following provisions apply:

       

1.

minimum rear yard and interior side yard setback: 1.5 metres,

       

2.

maximum building height: 4 metres;

   

(d)

townhouse dwellings are prohibited. (By-law 2012-334)

MC3 SUBZONE
 

(3)

In the MC3 Subzone:

 

 

(a)

the provisions of subsection 191(2)(h) do not apply and the following maximum building heights apply:

     

(i)

within 90 metres from Katimavik Road: 18.2 metres; and

     

(ii)

in all other cases: 30.7 metres.

   

(b)

the following landscaped strip provisions apply:

     

(i)

minimum width along a lot line abutting a residential zone or separated from a residential zone by a street: 9 metres,

     

(ii)

minimum width between a parking lot of 4 or more spaces and:

 

     

1.

a street or an adjacent lot: 4.5 m,

       

2.

a residential zone: 9 m;

     

(iii)

minimum width along a lot line abutting Katamavik Road: 10.5 m;

     

(iv)

minimum width between a main building wall and an unenclosed parking lot: 2.4 m;

   

(c)

minimum landscaped open space: 20% of the lot, except where two or more lots are intended to be developed together or two or more lots are considered as a unit for planning purposes, then the total required open space can be allocated between the lots, provided that:

     

(i)

total amount of landscaped open space provided is a minimum of 20% coverage of all the affected lands,

     

(ii)

an agreement regarding this shared allocation is entered into between the owner(s) of the affected lands and the City and registered on title;

   

(d)

yard provisions:

     

(i)

minimum front and corner side yard setbacks:

       

1.

6 metres from the lot line to the main wall of the first storey of the building, exclusive of columns or posts used to support upper floors;

       

2.

3 metres from the lot line to the main wall of any higher floor of the building, except where the building height exceeds 15.2 m, the minimum yard setback is equal to ½ the height of the building

     

(ii)

no part of any minimum required yard shall be used for storage. Parking or loading of any motor vehicle except that accesses or emergency fire lanes are permitted to cross a minimum yard perpendicularly, but are not permitted to run along the length of a minimum yard;

     

(iii)

except as permitted in 192(3)(d) (i) no building projection may encroach upon a minimum required yard except that sills, belt courses, cornices, pilasters, eaves, canopies, window bays, and awnings are permitted to project a maximum of 0.9 metres into a minimum required yard and that pedestrian concourses elevated above the first storey of any building are permitted to project completely into any required yard provided that the concourse is established as a link between adjacent buildings;

     

(iv)

no building, including any projection, may encroach beyond the lot line except for pedestrian concourses acting as links between adjacent buildings and elevated above the first storey;

     

(v)

minimum lot area: 929 m2;

     

(vi)

minimum lot width: 15.2 m;

     

(vii)

maximum lot coverage provisions:

       

1.

mixed use and non-residential uses: 60%, and 80% if covered, enclosed or multi-storey parking structures are provided;

       

2.

- residential use buildings: 40%, and 60% if covered, enclosed or multi-storey parking structures are provided;

   

(e)

accessory building provisions:

     

(i)

maximum permitted size: 9.3 m2;

     

(ii)

maximum permitted height: 3.7 m;

     

(iii)

maximum site coverage: 5% minimum yard setbacks as set out in 192(3)(d).

MC4 SUBZONE
 

(4)

In the MC4 Subzone:

   

(a)

the following uses are permitted subject to:

     

(i)

the cumulative total of the following uses not exceeding a total gross floor area of 5,500 square metres in any one building;

     

broadcasting studio
diplomatic mission, 
see Part 3, Section 88
medical facility
office

post office
production studio
research and development centre

   

(b)

retail stores are permitted in the MC4 Subzone subject to:

     

(i)

the total cumulative gross floor area of all retail stores in the MC4 Subzone not exceeding 10,000 square metres;

     

(ii)

being contained in a building having a minimum gross floor area of 2,800 square metres, but not more than 4,700 square metres; and

     

(iii)

no more than two retail stores being located in any one building.

   

(c)

the minimum required lot area for the MC4 Subzone is 0.4 hectares.

MC5 SUBZONE
 

(5)

In the MC5 Subzone:

   

(a)

each retail food store and retail store is limited to a gross leasable area of 500 square metres;

   

(b)

despite the provisions of section 191(2), the following provisions apply:

     

(i)

minimum front yard, corner side yard, interior side yard and rear yard setbacks: no minimum, except where the building wall contains room windows, the minimum rear yard adjacent to the windows must be 6 metres and the minimum interior side yard setback adjacent to the windows must be 3.5 metres;

     

(ii)

maximum front yard and corner side yard setbacks: 3.5 metres;

     

(iii)

minimum front yard and corner side yard setbacks for surfaced parking: 10 metres;

     

(iv)

floor space index: minimum: 0.75; maximum: 2.0, the non residential component of the floor space index must be a minimum of 0.75;

     

(v)

main building may be oriented to a front or corner side yard.

     

(vi)

minimum building separation on a lot:

       

1.

between main buildings:

         

(a)

between facing walls, both of which contain room windows: 12 metres,

         

(b)

between facing walls, one of which contains room windows: 6.5 metres,

         

(c)

between facing walls, neither of which contain room windows: 3.5 metres;

       

2.

between a main building and a parking garage:

         

(a)

where the main building contains room windows: 6.5 metres,

         

(b)

where the main building contains no room windows: 3.5 metres;

       

3.

between a main building and an accessory building: 3.5 metres;

       

4.

minimum main building setback from an approach;

       

5.

between an approach and a building wall that contains room windows to a residential use: 3 metres;

   

(c)

for accessory buildings, Section 55 does not apply and the following provisions apply:

       

1.

minimum rear yard and interior side yard setback: 1.5 metres,

       

2.

maximum building height: 4 metres;

   

(d)

townhouse dwellings are prohibited. (By-law 2012-334)

         
MC6 SUBZONE
 

(6)

In the MC6 Subzone:

   

(a)

the following uses only are permitted:

     

animal care establishment(By-law 2015-190)
animal hospital
apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
bank
bank machine
broadcasting studio
club
day care
diplomatic mission, see Part 3, Section 88
drive-through facility (OMB Order #PL080959 issued March 18, 2010)
dwelling unit
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
instructional facility
medical facility
office
planned unit development, see Part 5, Section 131
production studio
research and development centre
residential care facility
retirement home
retirement home, converted, see Part 5, Section 122
rooming house
rooming house, converted, see Part 5, Section 122
rooming unit
shelter, see Part 5, Section 134
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
technology industry
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307) 

MC7 SUBZONE
 

(7)

In the MC7 Subzone:

   

(a)

the following additional uses are permitted:

     

automobile body shop
catering establishment

garden nursery
heavy equipment and vehicles sales, rental and servicing
kennel,
 see Part 3, Section 85
light industrial uses
printing plant
storage yard

truck terminal
warehouse

   

(b)

medical facility and office must not exceed a cumulative total of 8,800 square metres of gross leasable area within the MC7 subzone;

   

(c)

the total gross leasable area must not exceed 35,000 square metres within the MC7subzone;

   

(d)

parking must be provided at a rate of at least 5 parking spaces for every 100 square metres of gross leasable area;

   

(e)

surface parking is limited to the minimum required parking plus 15%;

   

(f)

parking provided above the maximum established for surface parking must be provided below ground or in a parking garage; and

   

(g)

if a parking garage is provided, the ground floor around the perimeter of the of parking garage must be occupied by any of the following uses:

     

bank
bank machine
personal service business
post office
restaurant
retail store

MC8 SUBZONE
 

(8)

In the MC8 Subzone:

   

 (a)

no building may be located within the area shown shaded on Schedule 339;

   

 (b)

The cumulative total gross floor area measured in square metres of all uses except apartment dwelling low-rise, apartment dwelling mid-high rise, artist studio, bank machine, community centre, day care, diplomatic mission, hotel, instructional facility, library, museum, park, personal service business, recreational and athletic facility, service and repair shop, restaurant, fast-food, restaurant, full-service, restaurant, take-out, retail store, group home, townhouse dwelling, and utility installation may not exceed the amount arrived at by multiplying the lot area by 2 and then subtracting the sum of 18,580 plus the product of the lot area multiplied by 0.1; 

   

 (c)

At least 80% of the cumulative total gross floor area used for the following permitted uses must be on the ground floor within the area shown hatched on Schedule 340: 

     

artist studio
bank machine
bank
personal service business
service and repair shop
restaurant, fast food
restaurant, full-service
restaurant, take-out
retail food store
retail store

   

(d) 

The maximum permitted cumulative gross floor area for all uses within Area 'A' on Schedule 341 may not exceed 81,600 square metres. 

   

(e)

parking must be provided for offices as follows: 

     

 (i) where the cumulative total gross floor area of the offices is less than the lot area, parking must be provided at the rate of one space per 47.5 square metres of gross floor area

(ii) where the cumulative total gross floor area of the offices is between 1.0 times the lot area and 1.5 times the lot area, parking must be provided at the rate of one space per 70 square metres of gross floor area, and

(iii) where the cumulative total gross floor area of the offices is more than 1.5 times the lot area, parking must be provided at the rate of one space per 95 square metres of gross floor area (By-law 2015-190)

   

(f)

a cumulative total of at least 5% of the total gross floor area must be used for one or more of the following uses:

     

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
diplomatic mission, see Part 3, Section 88
dwelling unit
group home, see Part 5, Section 125
shelter, see Part 5, Section 134
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

   

(g)

the following uses may not occupy a total gross floor area of more than 9,290 square meters:

     

artist studio
community centre
day care
hotel
instructional facility
library
museum
park
recreational or athletic facility
restaurant
service and repair shop

   

(h)

the following uses must not occupy a total gross floor area of more than 9,290 square metres:

     

bank
bank machine
personal service business
retail food store
retail store

   

(i)

the total gross floor area of the medical facility, office, post office, research and development centre, and technology industry uses may only exceed 40% of the total permitted gross floor area if at least 2,300 square metres of the gross floor area is used by one or more of the following uses:

     

bank
bank machine
personal service business
retail food store
retail store
restaurant

   

(j)

parking provided for the office, research and development centre, post office andtechnology industry uses may be used to satisfy the parking requirements for the following uses:

     

artist studio
bank
bank machine
instructional facility
museum
personal service business
recreational or athletic facility
restaurant
retail food store
retail store
service and repair shop

   

(k)

at least 85% of all the required parking must be located in a building if the total gross floor area of office, research and development centre, post office and technology industry uses exceeds 1.5 times the lot area;

   

(l)

all lands within the MC8 subzone are considered one lot for zoning purposes; (By-law 2015-190)
   

(m)

no building may exceed the maximum heights shown on Schedule 135;

   

(n)

the following apply at such time as the symbol h1 is removed by City Council by amendment to this by-law:

     

(i)

the following uses are permitted if they occupy a cumulative total gross floor area of less than 2,790 square metres:

       

artist studio
bank
bank machine
instructional facility
parking garage
parking lot
personal service business
restaurant, full service
restaurant, take-out
retail store, except for a department store, furniture store or appliance store having a gross floor area greater than 1,400 square metres
service and repair shop

     

(ii)

the following uses are permitted if they occupy a cumulative total gross floor area of less than 2,790 square metres:

       

hotel
medical facility
museum
office
post office
recreational or athletic facility
research and development centre
restaurant, fast food
technology industry

     

(iii)

the following uses are permitted if a cumulative total of less than 30 dwelling units are provided:

       

apartment dwelling, low rise 
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
diplomatic mission, see Part 3, Section 82
dwelling unit
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

   

(o)

the following apply at such time as the symbol h2 is removed by City Council by amendment to this by-law:

     

(i)

the following uses may be provided if they occupy a cumulative total gross floor area of 2,790 square metres or more:

       

artist studio
bank machine
instructional facility
parking garage
parking lot
personal service business
restaurant, full service
restaurant, take-out
retail store, except for a department store furniture store or appliance store having a gross floor area greater than 1,400 square metres
service and repair shop

   

(p)

the following apply at such time as the symbol h3 is removed by City Council by amendment to this by-law:

     

(i)

the following uses may be provided if they occupy a cumulative total gross floor area of 2,790 square metres or more:

       

bank
hotel
medical facility
museum
office
post office
recreational or athletic facility
research and development centre
restaurant, fast food
technology industry

     

(ii)

the following uses are permitted is a cumulative total of 30 dwelling units or more are provided:

       

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
diplomatic mission, see Part 3, Section 88
dwelling unit
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
shelter, see Part 5, Section 134
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)  (By-law 2015-190)

MC9 SUBZONE
 

(9)

In the MC9 Subzone:

   

(a)

the provisions of subsection 33(1) do not apply and all lands are considered as one lot for zoning purposes;

   

(b)

the following uses must be located within 200 metres from the rapid transit station:

apartment dwelling, low-rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292) 

diplomatic mission, see Part 3, Section 88
dwelling unit
group home
, see Part 5, Section 125
planned unit development, see Part 5, Section 121
retirement home, converted
retirement home
 see Part 5, Section 122 
rooming house
rooming house, converted
, see Part 5, Section 122
shelter, see Part 5, Section 134
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
office

   

(c)

the uses listed in Section191(1) are permitted, with the exception of townhouse dwellings and the uses in 192(9) (b) above, if located within a shopping centre or the ground floor of a residential or an office building; (By-law 2012-334)

   

(d)

no individual uses may exceed a total gross leasable floor area of 5,000 square metres; (By-law 2011-124)

   

(e)

the provision of subsection 192(9)(d ) above does not apply to the following uses:

     

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
cinema
community centre

community health and resource centre
court house
day care
emergency service
group home,
 see Part 5, Section 125
hospital
library
municipal service centre
museum
park

place of worship
planned unit development, see Part 5, Section 131
post-secondary educational facility
residential care facility
retail store,
 limited to a department store
retirement home
retirement home, converted, 
see Part 5, Section 122
rooming house
rooming house, converted, 
see Part 5, Section 122
school
shelter, see Part 5, Section 134
sports arena
stacked dwelling
, see Part 5, Section 138 (By-law 2010-307)
theatre
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

   

(f)

all individual uses of 2,000 square metres of gross leasable floor area or more must not amount to a total gross leasable floor area of more than 50% of the permitted total gross leasable floor area; the provisions do not apply to the following uses:

cinema, hotel, park, parking garage, parking lot, and retail store limited to a department store;

   

(g)

all retail stores and service uses of 500 square metres of gross leasable floor area or less must amount to a total gross leasable floor area of at least 25% of the permitted total gross leasable floor area;

   

(h)

the provisions of subsections 191(2) (c) to (e) and (h) do not apply and the following provisions apply:

     

(i)

minimum lot coverage: with surface parking: 60%; with parking structure above or below grade: 80%;

     

(ii)

minimum front yard, corner side yard, interior yard and rear yard setbacks: 6 metres;

     

(iii)

maximum separation distance between buildings located on the same side of a pedestrian pathway or a vehicular roadway is 8.5 metres;

     

(iv)

maximum building heights: within 3 metres of Earl Grey Drive and Lord Byng Way: 11 metres; in all other cases: 34 metres; and

     

(v)

shopping centre must have a minimum of 35,000m2 and a minimum site area of 10 hectares, but may be composed of more than one lot and may be constructed in phases, subject to the provisions of this By-law.

MC10 SUBZONE
 

(10)

In the MC10 Subzone:

   

(a)

the following uses are only permitted on the ground floor closest to the level of the finished grade of Castlefrank Road of a building containing a broadcasting studio, anoffice use, a production studio, a research and development centre, a residential use or a technology industry, and that each individual use do not exceed 200 square metres in gross leasable floor area:

     

animal care establishment
bar
convenience store
instructional facility
personal service business

post office
restaurant, fast food
restaurant, full service

retail food store
retail store
service and repair shop
small batch brewery,
 see Part 3, Section 89

   

(b)

the provisions of subsection 192(10)(a) above do not apply to a retail store or aservice and repair shop which is related to and operated by the primary occupant of the building in which it is located and they may exceed a gross leasable floor area of 200 square metres provided they are located on the floor closest to the level of the finished grade of Kanata Avenue of a building containing primarily office uses.

   

(c)

the provisions of subsections 191(2)(a), (c) to (e) and (h) do not apply and the following provisions apply:

     

(i)

no minimum lot area;

     

(ii)

no minimum front yard, corner side yard, interior side yard and rear yard setbacks;

     

(iii)

maximum building heights for the main buildings: within 3 metres of Kanata Avenue : 11 metres; in all other cases: 34 metres;

     

(iv)

maximum building height for a parking garage: 12 metres;

     

(v)

for surface parking:

       

1.

minimum front yard setback : 3 metres from Kanata Avenue,

       

2.

minimum corner side yard setback: 10 metres;

     

(vi)

minimum building separation on a lot:

       

1.

between main buildings;

         

(a)

between facing walls, both of which contain room windows: 12 metres,

         

(b)

between facing walls, one of which contains room windows: 6.5 metres,

         

(c)

between facing walls, neither of which contain room windows: 3.5 metres;

       

2.

between a main building and a parking garage:

         

(a)

where the main building contains room windows: 6.5 metres,

         

(b)

where the main building contains no room windows: 3.5 metres,

         

(c)

between a main building and an accessory building: 3.5 metres;

       

3.

between an approach and a building wall that contains room windows to a residential use: 3 metres.

   

(d)

for accessory buildings, Section 55 does not apply and the following provisions apply:

       

1.

minimum rear yard and interior side yard setback: 1.5 metres,

       

2.

maximum building height: 4 metres;

   

(e)

townhouse dwellings are prohibited, (By-law 2012-334)

   

(f)

a pedestrian way is permitted between Kanata Avenue and the adjacent MC9 H(34) zone, and this pedestrian way may be enclosed provided it is physically connected to a permitted building in the MC10 H(34) zone. Despite Section 192 (10) (a), the uses listed in Section 192 (10) (a), are permitted on the same level as the pedestrian way, provided their principal access is from the pedestrian way.

MC11 SUBZONE
 

(11)

In the MC11 Subzone:

   

(a)

the following uses are permitted subject to:

     

(i)

being located within 200 metres from a rapid transit station;

       

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
group home, see Part 5, Section 125
retirement home
retirement home, converted, 
see Part 5, Section 122
rooming house
rooming house, converted, 
see Part 5, Section 122
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)

MC12 SUBZONE- Scott/ Wellington Subzone
 

(12)

In the MC12 Subzone:

   

(a)

The following uses are prohibited:

       

amusement centre
bar

nightclub
parking garage
parking lot
shelter
sports arena
townhouse dwelling
 (By-law 2012-334)

MC13 SUBZONE
 

(13)

(Reserved for future use) (By-law 2012-33)

MC14 SUBZONE- Orleans Town Centre Subzone
 

(14)

In the MC14 Subzone:

   

(a)

For the purposes of calculating required parking, a theatre lobby is not considered to constitute gross floor area.

   

(b)

The following parking space rates apply:

     

(i)

artist studio- 2.7 spaces per 100m2 of gross floor area

     

(ii)

office- 2.3 spaces per 100m2 of gross floor area

     

(iii)

place of assembly- 1 space for every 4 persons to be accommodated according to maximum permitted capacity

     

(iv)

recreational and athletic facility- 1 space for every 4 persons to be accommodated according to maximum permitted capacity

     

(v)

residential care facility- 1 space for each 6 persons that can be accommodated at capacity plus 1.0 space per each 4 employees

   

(c)

Parking spaces required or provided in the MC14 Subzone may be available for parking purposes to any land use located within the MC14 Subzone.

   

(d)

Parking spaces may be located in a front yard or corner side yard.

   

(e)

Section 110 (Landscaping Provisions for Parking Lots) and Section 113 (Loading Space Rates and Provisions) do not apply.
   

(f)

Parking spaces may be shared between uses in the MC14 Subzone, and the cumulative total of parking spaces required for those uses may be reduced from that required in Section 101 to the amount calculated using the tables below.
     
(i)
The number of required parking spaces is the maximum of the parking required for the time periods shown on Table 192B.
     
(ii)
The number of required parking spaces for each time period on Table 192B is the sum for a time period of the listed percentage of normal parking requirements for the types of uses comprising the development.
   

(g)

Additional permitted use: park (By-law 2008-326)

TABLE 192B – SHARED PARKING AS PERCENTAGE OF REQUIRED PARKING
DURING REPRESENTATIVE TIME PERIODS

         

I
Land Use

II
A.M.

III
NOON

IV
P.M.

V
EVENING

Weekday Period/ Percentage of Required Parking

(a) Office

100

90

95

10

(b) Retail Store, Bank and Personal Service Business

50

75

75

65

(c) Restaurant

20

50

50

100

(d) Place of Assembly

60

60

60

75

(e) Cinema

0

0

0

100

(f) Hotel

100

30

40

100

(g) Residential Use-Building

85

60

60

100

Weekend Period/ Percentage of Required Parking

(h) Office

15

20

10

5

(i) Retail Store, Bank and Personal Service Business

50

85

100

60

(j) Restaurant

10

45

45

100

(k) Place of Assembly

60

70

70

100

(l) Cinema

0

0

70

100

(m) Hotel

90

30

40

100

(n) Residential Use-Building

100

70

70

100

           
MC15 SUBZONE-
 

(15)

In the MC15 subzone:
   

(a)

The following non-residential uses only are permitted:
     
artist studio
broadcasting studio
community centre
community health and resource centre

court house

day care

diplomatic mission, see Part 3, Section 88
instructional facility
library
medical facility
municipal service centre
museum
office
park
post-secondary educational institution
production studio
research and development centre
residential care facility (By-law 2012-349)
school
technology industry
training centre
urban agriculture, see Part 3, Section 82 (By-law 2017-148)

   

(b)

The following non-residential uses are permitted:
     
(i)
subject to them being limited to locations below the fifth storey of a building where the floor space index is equal to or greater than 0.75 for uses listed in clauses 192(15)(a) and (c);  (By-law 2013-86)
     
(ii)
provided the maximum size of each retail store and retail food store is 500m2 of gross floor area;
     
(iii)
subject to the following provisions for a parking garage:
       
1.
a parking garage may be located on any floor, but where located on the ground floor of a building, that part of the ground floor of the building measuring 80% of the length of the wall facing a public street and for a depth of 10 metres must be occupied by other uses listed under clauses 192(15)(a), (b), or (c); (By-law 2013-54) (By-law 2013-86) 
       
2.
parking garage, where located above grade, shall be set back a minimum of 10 metres from a lot line abutting a street;
       
3.
parking garage may be located on any floor.
     
amusement centre
animal care establishment
animal hospital
bank
bank machine
bar
cinema
convenience store
nightclub
parking garage
personal service business
place of assembly
place of worship
post office
recreational and athletic facility
restaurant
retail food store
service and repair shop
small batch brewery, see Part 3, Section 89
theatre
   

(c)

The following residential uses only are permitted subject to:
     
(i)
The floor space index being equal to or greater than 1.5 for the non-residential uses listed in clause 192(15)(a);
     
(ii)
stacked dwelling being restricted to a maximum of 50% of the total dwelling units
     

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
dwelling unit
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based daycare, see Part 5, Section 129
planned unit development, see Part 5, Section 131
retirement home
retirement home, converted, see Part 5, Section 122
rooming house
rooming house, converted, see Part 5, Section 122
shelter, see Part 5, Section 134I
stacked dwelling (By-law 2012-349)

 

 

(d)

The subzone provisions are set out in Table 192C below.
         

Table 192C- MC15 SUBZONE PROVISIONS

     

I

ZONING MECHANISMS

II 
PROVISIONS

(i) Maximum setback from a building wall to a lot line abutting a street for the entire length of the building wall nearest a lot line abutting a street for:

1. a parking garage

No maximum

2. all other buildings

4.5 metres

(ii) Minimum floor space index of uses listed in clause 192(15)(a) or (c)

0.75

(iii) Minimum building height

6.7 metres

(iv) Minimum building separation, on same lot or abutting lots, between portions of a building wall and

1. portions of another building wall greater than 15m in height

12.0 metres

2. portions of another building wall equal to or less than 15m in height where one or both buildings contain dwelling units or rooming units

3.0 metres

3. an underground parking garage

0 metres

4. a driveway or aisle if building contains dwelling units or rooming units

3.0 metres

(v) Maximum gross floor area of any storey above 15m in height

2500 square metres (By-law 2013-86)

(vi) Minimum landscaped area on a lot with at least 10 dwelling or rooming units

30% of the lot area

(vii) Required parking for any non-residential use listed in subclause 192(15)(b), excluding restaurant, where the gross floor area of the use is less than 150 square metres

None required

               
   

(e)

Driveways and aisles leading to parking spaces, and required parking spaces may be located on an abutting lot in the MC15 zone, provided the parking spaces are not required parking spaces on the abutting lot
   

(f)

Despite subsection 111(11), 100% of bicycle parking may be vertical spaces.
   

(g)

All non-residential uses located on the ground floor must have separate and direct access from a public street.
   

(h)

50% of the length of any ground floor wall facing a public street must consist of windows and/or entrances.
   

(i)

In Areas A, B, C, D, and E on Schedule 246
     
(i)
subclause 192(15)(c)(i) does not apply;
     
(ii)
Despite Table 101, the minimum parking requirement for an apartment dwelling, mid-high rise; apartment dwelling, mid-rise; apartment dwelling, high-rise; or apartment dwelling, low-rise is 0.9 spaces per dwelling unit. (By-law 2016-249)
     
(iii)
Despite Schedule 1A, the minimum visitor parking space requirements are as per Table 102, Column II.(By-law 2016-249)
     
(iv)
Total required parking for non-residential uses and visitor parking shall be the greater of required:
       
1.
non-residential use parking, and
       
2.
visitor parking
       
Where a minimum of 30% of the parking spaces must be dedicated to non-residential uses and 30% of parking spaces must be dedicated to visitor parking.
     
(v)
A minimum of 90% of the required parking must be located within a parking garage.
     
(vi)
Despite Section 107, minimum required two-way drive aisle width is 6.1m within a parking garage.
     
(vii)
Despite any other provisions of this by-law, where a site plan agreement pursuant to the Planning Act is registered against a block or lot, and where the block or lot is legally divided into parts, each part of the block or lot shall be deemed to comply with this by-law;
     
(viii)
recreational and athletic facility that is ancillary to a permitted residential use listed in clause 192(15)(c) is subject to the following:
       
1.
restaurant may be included within the building; and
       
2.
Clause 192(15)(b)(i) does not apply to a recreational and athletic facility, or a restaurant located in the same building as an ancillaryrecreational and athletic facility.
             (By-law 2009-207)
    (j) If site plan approval has been given pursuant to the provisions of the Planning Act for development that meets the minimum floor space index, then, notwithstanding the requirement for a minimum floor space index, the development may be constructed in phases.(By-law 2013-86)
MC16 SUBZONE- Parkdale Park Subzone
 
 

(16)

In the MC16 Subzone:

 
   

(a)

the following uses are prohibited:

     

amusement centre
bar
nightclub
parking garage
parking lot
shelter
sports arena
townhouse dwelling

 
   

(b)

for any lot that abuts Hinton Avenue the lot line abutting Hinton Avenue is deemed to be the front lot line,

   

(c)

the maximum building height for the Areas F and H on Schedule 371 is 27 metres or 8 storeys whichever is less, (By-law 2017-148)

   

(d)

minimum ground floor setback from façade facing a public street:  2.0m,

   

(e)

minimum building step back above the 3rd storey when building height is over 4 storeys:  2.0m,

   

(f)

minimum rear yard setback is 3.0 metres for storeys 1 to 3 of a building and 7.5 metres for storeys 4 to 8 of a building,

   

(g)

maximum gross floor area per unit of retail, retail food store, personal service business, restaurant, bar, convenience store, service and repair shop, small batch brewery:  200 m2,

   

(h)

maximum gross floor area per unit of office use on the ground floor only: 200 m2 , no maximum on any other floor,

   

(i)

The following provisions apply to parking in the MC16 Subzone:

     

(i)

parking spaces required or provided in the MC16 Subzone may be available for parking purposes to any land use located within the MC16 Subzone and the TM11 subzone,

     

(ii)

uses of less than 150 square metres gross floor area that are located on the ground floor are not required to provide parking.

     

(iii)

despite any requirements to the contrary, parking for a use required on one lot, may be located on another lot in the MC16 zone, but must be in the same city block, or on a lot on the opposite side of the public street on which the use requiring the parking is located.

   

(j)

Section 110 (Landscaping Provisions for Parking Lots) and Section 113 (Loading Space Rates and Provisions) do not apply,

   

(k)

for through lots, the lot lines abutting the street are considered a front lot line. (OMB Order File #PL110686, issued October 24, 2012),(By-law 2011-216) (By-law 2011-216)

MD - Mixed-Use Downtown Zone (Sec. 193-194)

Purpose of the Zone

The purpose of the MD – Mixed-Use Downtown Zone is to:

 

(1)

support the Central Area, as designated in the Official Plan, as the central place in the region for employment and shopping while also allowing residential, cultural and entertainment uses;

 

(2)

ensure that the Character Areas in the Central Area, namely the Core Area, the Parliamentary Precinct, the ByWard Market, the Rideau/Congress Centre, the Canal Area, Lowertown, Upper Town, Sandy Hill West, LeBreton Flats and the four Business Improvement Areas, Rideau, Sparks, ByWard Market and Bank Streets, continue to serve as primary business or shopping areas and maintain their distinct character;

 

(3)

facilitate more intense, compatible and complementary development to ensure that the active, pedestrian-oriented environment at street level, particularly along Bank Street, Sparks Street and Rideau Street is sustained; and

 

(4)

impose development standards that will protect the visual integrity and symbolic primacy of the Parliament Buildings and be in keeping with the existing scale, character and function of the various Character Areas and Business Improvement Areas in the Central Area while having regard to the heritage structures of the Central Area.

 

193.

In the MD Zone:

Permitted Uses

 

(1)

The following uses are permitted subject to:

   

(a)

the provisions of subsections 193(2) to (6);

   

(b)

car wash being located in a building containing another permitted use;

   

(c)

a parking garage being permitted if 100% of the ground floor fronting on the street, excluding mechanical room, and pedestrian and vehicular access, is occupied by uses listed under subsection 193(2) below, for a minimum depth of 3 metres;

     

amusement centre
animal care establishment
apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
artist studio
bank
bank machine
bar
bed and breakfast, see Part 5, Section 121
broadcasting studio
catering establishment
cinema

click and collect facility (By-law 2016-289)
community centre
community health and resource centre
convenience store

court house
day care
diplomatic mission, see Part 3, Section 88
dwelling unit
emergency service
group home, 
see Part 5, Section 125
home-based business see Part 5, Section 127
home-based day care, see Part 5, Section 129
hotel
instructional facility
library 
medical facility
municipal service centre
museum
nightclub
office
park
parking garage
personal service business
place of assembly

place of worship
post office
production studio
recreational and athletic facility
research and development centre
residential care facility
restaurant 
retail food store
retail store
retirement home
retirement home, converted 
see Part 5, Section 122
rooming unit (By-law 2015-41)
school
service and repair shop
shelter, 
see Part 5, Section 134
small batch brewery, see Part 3, Section 89
sports arena
stacked dwelling, 
see Part 5, Section 138 (By-law 2010-307)
technology industry
theatre
training centre
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)    

 

(2)

At least 50% of the ground floor of any building must be occupied by one or more of the following uses subject to:

   

(a)

not applying to a building occupied by a court house, diplomatic mission, emergency service, place of worship and a school;

   

(b)

having separate and direct access to the street when located at ground level abutting a street; and

   

(c)

occupying 100% of that part of the ground floor fronting on a street, excluding lobby area, mechanical room and access to other floors, for a minimum depth of 3.0 metres, when abutting one of the following streets:

     

(i)

Rideau Street,

     

(ii)

Bank Street,

     

(iii)

Sparks Street, between Elgin Street and Bank Street, and

     

(iv)

Elgin Street, between Sparks Street and Queen Street.

     

amusement centre
artist studio
bank

bank machine
bar
cinema
community centre
community health and resource centre
convenience store
hotel
instructional facility
library
medical facility
municipal service centre
museum
nightclub
personal service business
place of assembly

post office
recreational and athletic facility
restaurant

retail food store
retail store
service and repair shop
small batch brewery,
 see Part 3, Section 89
theatre

Zone Provisions

 

(3)

The zone provisions are set out in Table 193 below.

 
TABLE 193 - MD ZONE PROVISIONS

I
ZONING MECHANISMS

II
PROVISIONS

(a) Minimum lot area

No minimum

(b) Minimum lot width

No minimum

(c) Minimum front yard and corner side yard

No minimum

(d) Minimum interior side yard

No minimum

(e) Minimum rear yard

No minimum

(f) Maximum building height

(as per Schedules)

(g) Maximum floor space index

Not applicable unless otherwise shown

(h) Minimum width of landscaped area

No minimum, except that where a yard is provided and not used for required driveways, aisles, parking, loading spaces or outdoor commercial patio, the whole yard must be landscaped

(i) Minimum width of landscaped area around a parking lot

see Section 110 – Landscaping Provisions for Parking Lots

           
         
 

(4)

In addition to the regulations that apply to a nightclub or bar, the following regulations apply to these uses located within the area shown on Schedule 7: (By-law 2008-343)
   

(a)

a nightclub or bar must not exceed a gross floor area of 500m2, and

   

(b)

a nightclub or bar with a gross floor area greater than 250m2 must be at least 100m from:

     
(i)

another nightclub or bar with a gross floor area greater than 250m2, or

     
(ii)
An I1, I2, R1, R2, R3, R4 or R5 primary zone, subzone or exception zone, and
   

(c)

a nightclub or bar may not abut another nightclub or bar along a street frontage, and

   

(d)

where adjoining nightclubs or bars are connected by internal passageways used by patrons or staff, the total gross floor area of all the connected uses must be calculated for the purposes of this subsection.

 

(5)

Outdoor storage is not permitted.

 

(6)

All parking spaces, whether principal, accessory, required or provided must be located in a parking garage.

 

(7)

For other applicable provisions, see Part 2 – General Provisions, Part 3 – Special Use provisions, and Part 4 – Parking and Loading Provisions.

  (8)   

(Introduced by By-law 2014-292) (Introduced by By-law 2015-192)

       

MD SUBZONES

194.

In the MD Zone, the following subzones apply:

         
MD1 SUBZONE
 

(1)

In the MD1 Subzone:

   

(a)

the following uses only are permitted:

     

broadcasting studio
court house

airport limited to a heliport
library
museum
office
park
parking garage
place of assembly
production studio

   

(b)

the following additional uses are permitted subject to:

     

(i)

being on the same lot as any one or more of the uses listed in subsection 194(1)(a) above;

     

(ii)

their cumulative total gross floor area not exceeding 10% of the cumulative total gross floor area occupied by any one or more of the uses permitted in subsection 194(1)(a); and

     

(iii)

being located in the interior of the lot in such a way that they are not visible from a street;

     

artist studio
bank

bank machine
bar
convenience store
day care
dwelling 
unit, limited to a unit for a caretaker
personal service business
place of worship
post office
recreational and athletic facility
restaurant, full service
restaurant, take-out

retail food store
retail store
service and repair shop

   

(c)

the provisions of subsection 193(2) do not apply; and

   

(d)

despite Section 100 – General Provisions, Parking, Queuing and Loading Provisions,the following provisions apply:

     

(i)

required parking for any use may locate on any lot in this zone; and

     

(ii)

required parking may be located in the front yard or corner side yard.

 
MD2 SUBZONE
 

(2)

In the MD2 Subzone:

   

(a)

100% of that part of the ground floor fronting on a street, excluding lobby area, mechanical room and access to other floors, for a minimum depth of 3.0 metres, may only be occupied by one or more of the following uses:

     

artist studio
bank

bank machine
bar
broadcasting studio
convenience store
hotel
municipal service centre
museum
nightclub
personal service business
production studio
restaurant

retail food store
retail store
service and repair shop

   

(b)

the cumulative total gross floor area of lobbies, mechanical rooms and access to other floors must not exceed 50% of the gross floor area of the ground floor of the building;

   

(c)

the maximum width of any permitted uses on the ground floor must be in accordance with Table 194A, and measured as follows:

     

(i)

for the purpose of subsection194(2)(c) above, the width of a use is calculated by measuring the length of the longest line drawn parallel to the building façade that faces the street and extending from the centerline of either exterior walls or party walls, as the case may be, enclosing the use; and

         
TABLE 194A - MAXIMUM WIDTH OF USES AT GROUND FLOOR

I
STREET

II
BLOCK

III
MAXIMUM WIDTH OF USES

1. Murray Street

between Sussex Drive and Dalhousie Street

21 m

2. Clarence Street

between Sussex Drive and Parent Street/p>

21 m

3. Clarence Street

between Parent Street and Dalhousie Street

12 m

4. York Street

between Sussex Drive and Dalhousie Street

21 m

5. York Street (north side)

between Dalhousie Street and a point measured 87.78 m east of Dalhousie Street

11 m

6. York Street (north side)

between By Ward Market Square and William Street

15 m

7. George Street

between Sussex Drive and Dalhousie Street

21 m

8. Parent Street

between Clarence Street and mid-block between St. Patrick Street and Murray Street

15 m

9. By Ward Market Square (west side)

between Clarence Street and York Street

15 m

10. By Ward Market Square (west side)

between York Street and George Street except for corner occupancies

10 m

11. By Ward Market Square (west side)

between York Street and George Street for corner occupancies

20 m

12. By Ward Market Square (east side)

between York Street and George Street

10 m

13. By Ward Market Square (east side)

between Clarence Street and York Street

20 m

14. William Street (west side)

between York Street and George Street

10.5 m

15. William Street (east side)

between Clarence Street and York Street

21 m

16. William Street (east side)

between York Street and George Street

6 m

17. Sussex Drive (east side)

between George Street and St. Patrick Street

21 m

18. Dalhousie Street

between St. Patrick Street and George Street

16 m

         
         
   

(d)

the provision of Subsection 193(3)(c) does not apply and the maximum front yard and corner side yard is 1 metre.

 
MD3 SUBZONE
 

(3)

In the MD3 Subzone:

   

(a)

100% of that part of the ground floor fronting on a street, excluding lobby area, mechanical room and access to other floors, for a minimum depth of 3.0 metres, may only be occupied by one or more of the following uses: (By-law 2013-108)

     

retail food store
retail store, limited to the sale of arts and craft. (By-law 2013-108)

 
MD4 SUBZONE
 

(4)

In the MD4 Subzone:

   

(a)

the following uses only are permitted subject to:

     

(i)

artist studio and retail store being located only on the ground floor, basement or cellar of a building containing dwelling units; (Subject to By-law 2015-191)

     

(ii)

retail store, limited to the sales of art, art supplies, books and stationery;

     

apartment dwelling, low rise
artist studio
bed and breakfast,
 see Part 5, Section 121
day care
detached dwelling
diplomatic mission, 
see Part 3, Section 88
duplex dwelling, see Part 5, Section 138 (By-law 2010-307)
dwelling unit
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
park
place of worship
planned unit development, see Part 5, Section 131
residential care facility
retail store
retirement home
retirement home, converted, 
see Part 5, Section 122
rooming house
rooming house, converted, 
see Part 5, Section 122
secondary dwelling unit
semi-detached dwelling, see Part 5, Section 138 (By-law 2010-307)
shelter, see Part 5, Section 134
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
three-unit dwelling
townhouse dwelling,
see Part 5, Section 138 (By-law 2012-334) (By-law 2010-307)

   

(b)

the provisions of subsection 193(3) do not apply and the provisions of Table 194B below apply.

         
TABLE 194B – MD4 SUBZONE PROVISIONS
     

I
ZONING MECHANISMS

II
PROVISIONS

(i) Minimum lot area

No minimum

(ii) Minimum lot width

No minimum

(iii) Front yard and corner side yard

1. minimum

3 m

2. maximum

4 m

(iv) Minimum interior side yard

1.2 m

(v) Minimum rear yard

3 m

(vi) Maximum building height

(as per Schedules)

(vii) Maximum floor space index

No maximum

(viii) Minimum width of landscaped area

No minimum, except that where a yard is provided and not used for required driveways, aisles, parking, loading spaces or outdoor commercial patio, the whole yard must be landscaped

(ix) Minimum width of landscaped area around a parking lot

see Section 110 – Landscaping Provisions for Parking Lots

         
         
   

(c)

for other applicable provisions, see Part 2 – General Provisions, Part 3 – Special Use provisions, and Part 4 – Parking and Loading Provisions.

MD5 SUBZONE
 

(5)

In  the MD5 Subzone: 

   

(a) 

Area A as shown on Schedule 332 is one lot for zoning purposes; 

   

(b)

Area B as shown on Schedule 332 is one lot for zoning purposes;

   

(c)

Area C as shown on Schedule 332 is one lot for zoning purposes;

   

(d)

Despite a, b, and c above, required parking may be located on any lot within the MD5 subzone;

   

(e)

Where two or more buildings or parts of buildings on the same lot are greater than nine storeys in height, those parts of the buildings higher than nine storeys tall must be a minimum of 15 metres away from each other;

   

(f)

Maximum building heights as per Schedule 332;

   

(g)

The maximum number of buildings over nine storeys for Area A as shown on Schedule 332 is four;

   

(h)

The maximum number of buildings over nine storeys, for Area B as shown on Schedule 332 is two; and

   

(i)

The maximum total floor area, with no exclusions, for each portion of the building over the ninth-storey is 700 square metres. (OMB Order File #PL141340, issued November 17, 2015) (By-law 2014-395)

         

TD – Transit Oriented Development Zone (Sections 195 - 196)

Purpose of the Zone

The purpose of the TD – Transit Oriented Development Zone is to:

 

(1)

Establish minimum density targets needed to support Light Rail Transit (LRT) use for lands within Council approved Transit Oriented Development Plan areas;

 

(2)

Accommodate a wide range of transit-supportive land uses such as residential, office, commercial, retail, arts and culture, entertainment, service and institutional uses in a compact pedestrian-oriented built form at medium to high densities;

 

(3)

Locate higher densities in proximity to LRT stations to create focal points of activity and promote the use of multiple modes of transportation; and,

 

(4)

Impose development standards that ensure the development of attractive urban environments that exhibit high-quality urban design and that establish priority streets for active use frontages and streetscaping investment.

 

195.

In the TD Zone:

 

Permitted Uses:

 

(1)

The following non-residential uses are permitted:

 

 

amusement centre
animal care establishment
animal hospital
artist studio
bank
bank machine
bar
broadcasting studio

cinema
click and collect facility (By-law 2016-289)
community centre
community health and resource centre
convenience store
court house
day care
diplomatic mission, see Part 3, Section 88
drive-through facility
emergency service
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
hospital
hotel
instructional facility
library
medical facility
municipal service centre
museum
nightclub
office
personal service business
place of assembly
place of worship
post office
post-secondary educational institution
production studio
recreational or athletic facility
research and development centre
residential care facility
restaurant
retail food store
retail store
school
service and repair shop
shelter, see Part 5, Section 134
small batch brewery, see Part 3, Section 89
sports arena
technology industry
theatre
training centre
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)    

 

(2)

The following residential uses are permitted:

 

 

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
dwelling unit
planned unit development,
see Part 5, Section 131
retirement home
retirement home, converted,
see Part 5, Section 122
rooming house
rooming house, converted,
see Part 5, Section 122
stacked dwelling, see Part 5, Section 138
townhouse dwelling, see Part 5, Section 138

 

(3)

The following non-residential use is permitted subject to:

 

 

(a)

being in the same building or on the same lot as a use or uses listed in 195 (1) or (2);

 

 

 

parking garage

Zoning Provisions

 

(4)

The zone provisions are set out on Table 195 below:

 

TABLE 195 – TD ZONE PROVISIONS

I
ZONING MECHANISMS

II
PROVISIONS

(a) Minimum lot area

No minimum

(b) Minimum lot width

No minimum

(c) Minimum front yard and corner side yard setback

(i) abutting a lot in a residential zone

3 metres

 

(ii) abutting the rapid transit corridor

2 metres

 

(iii) parking garage that is not incorporated into another building

10 metres

 

(iv) residential use building

3 metres

 

(v) all other cases

0.5 metres

(d) Minimum interior side yard setback

(i) abutting a lot in a residential zone

3 metres

 

(ii) abutting the rapid transit corridor

2 metres

 

(iii) all other cases

No minimum

 

(iv) despite (i), (ii) and (iii) above that part of a building more than 6 storeys in height

12 metres

(e) Minimum rear yard setback

(i) rear lot line abutting a lot in a residential zone

6 metres

 

(ii) rear lot line abutting the rapid transit corridor

2 metres

 

(iii) all other cases

No minimum

 

(iv) despite (i), (ii) and (iii) above that part of a building more than 6 storeys in height

12 metres

(f) Minimum building height

 

6.7 metres and 2 storeys

(g) Maximum building height

(i) in any area up to and including 15 metres from a property line abutting a R1, R2 or R3 zone

14.5 metres

 

(ii) in all other cases

as shown by the suffix “H” on a zoning map, or specified in a subzone or exception where applicable

(h) Minimum width of landscaped area

no minimum, except that where a yard is provided and not used for required driveways, aisles, parking, loading spaces or outdoor commercial patio, the whole yard must be landscaped

 

 

(5)

outdoor storage is prohibited.

 

(6)

where the wall of the 1st storey of a building is within 10 metres of a lot line abutting a public street and where the building is more than 6 storeys in height the wall facing the street must be stepped back at either the 2nd, 3rd, 4th , 5th , 6th  or 7th storey at least a further 2.5 metres from the wall of the storey below. (OMB Order File #PL140185, issued March 9, 2015)  (By-law 2014-22)

 

(7)

where two buildings on the same lot are both more than 6 storeys in height that part of the buildings greater than 6 storeys tall must be a minimum of 24 metres away from each other.

 

(8)

for lots greater in area than 1250 m2, 2% of the total lot area must be provided as outdoor communal space located at grade anywhere on the lot and such area can also be used towards complying with any amenity area requirements.

 

(9)

Column III of Table 103 - Maximum Number of Parking Spaces Permitted in Section 103 applies to all land zoned TD despite the location of the land on Schedules 1, 2A and 2B.  (By-law 2016-336)

 

(10)

Despite clauses 100(1)(a) and (c), in the TD Zone parking spaces required or provided under this by-law may be available for use by any other land use located either on or off site, but these spaces are not intended to serve as the required parking for these other land uses.

 

(11

For other applicable provisions, see Part 2 – General Provisions, Part 3 – Specific Use Provisions, and Part 4 – Parking, Queuing and Loading Provisions.

Active Frontage Street Areas

 

(12

The following provisions apply to lots abutting active frontage street areas shown as Area A on Schedules 293, 294 and 295, 314, 315 and 316. (OMB Order File #PL140185, issued March 9, 2015) (By-law 2014-22)

 

 

 

(a)

minimum building setback from an active frontage street on:

 

 

 

 

(i)

Schedule 293

 

 

 

 

 

1

residential use building:  3.0 metres,

 

 

 

 

 

2.

non-residential and mixed use building:  1.5 metres,

 

 

 

 

(ii)

Schedules 294, 295, 314, 315 and 316 (OMB Order File #PL140185, issued March 9, 2015) (By-law 2014-22)

 

 

 

 

 

1.

residential use building:  3.0 metres,

 

 

 

 

 

2.

non-residential and mixed use building:  0.5 metres,

 

 

 

(b)

maximum building setback from an active frontage street on:

 

 

 

 

(i)

Schedule 293:  6.0 metres

 

 

 

 

(ii)

Schedules 294, 295, 314, 315 and 316 (OMB Order File #PL140185, issued March 9, 2015) (By-law 2014-22)

 

 

 

 

 

1.

residential use buildings: 6.0 metres

 

 

 

 

 

2.

non-residential and mixed use building:  3.0 metres,

 

 

 

(c)

at least 50% of the lot width measured at the building setback along the active frontage street must be occupied by one or more building walls,

 

 

 

(d)

a minimum of 50% of the surface area of the ground floor façade of non-residential and mixed use buildings facing an active frontage street must be comprised of transparent glazing,

 

 

 

(e)

the ground floor façade of non-residential and mixed use buildings facing an active frontage street must include a customer entrance access door from each individual occupancy to the active frontage street,

 

 

 

(f)

no person may park a motor vehicle in a required and provided yard abutting an active frontage street,

 

 

 (13)

 

(Introduced by By-law 2014-292)  (Introduced by By-law 2015-192)

 

   

 

 

 
               

TD SUBZONES

 

196.

In the TD Zone, the following subzones apply:

 

TD1 SUBZONE

 

 

(1)

In the TD1 Subzone:

 

 

 

(a)

minimum number of residential units per hectare required for residential use:

 

 

 

 

(i)

on lots greater in area than 0.125ha:  150 units/hectare

 

 

 

 

(ii)

on lots 0.125ha in area or less:  no minimum,

 

 

 

(b)

minimum floor space index for non-residential use:

 

 

 

 

(i)

on lots greater in area than 0.125ha:  0.5 f.s.i.

 

 

 

 

(ii)

on lots 0.125ha in area or less:  no minimum,

 

 

 

(c)

in the case of a mixed use building, clauses (a) or (b) above only apply to the corresponding use that occupies the larger portion of the gross floor area of the building and the smaller use, either, residential or non-residential, is not calculated,

 

 

 

(d)

in the case of a phased development, all phases must be shown on a site plan approved pursuant to Section 41 of the Planning Act, and each phase must comply with:

 

 

 

 

(i)

the minimum densities as per 196(1) (a),(b) and (c), and

 

 

 

 

(ii)

the outdoor communal space as per 195(8)

 

 

 

 

but only for the portion of the property shown in that phase,

 

 

 

(e)

subclause (g)(i) of Table 195 applies and in all other cases the maximum building height is:  20 metres,

 

TD2 SUBZONE

 

 

(2)

In the TD2 Subzone:

 

 

 

(a)

minimum number of residential units per hectare required  for residential use:

 

 

 

 

(i)

on lots greater in area than 0.125ha:  250 units/hectare

 

 

 

 

(ii)

on lots 0.125ha in area or less:  no minimum,

 

 

 

(b)

minimum floor space index for non-residential use:

 

 

 

 

(i)

on lots greater in area than 0.125ha:  1.0 f.s.i.

 

 

 

 

(ii)

on lots 0.125ha in are or less:  no minimum,

 

 

 

(c)

in the case of a mixed use building clauses (a) or (b) above only apply to the corresponding use that occupies the larger portion of the gross floor area of the building and the smaller use, either, residential or non-residential, is not calculated,

 

 

 

(d)

in the case of a phased development all phases must be shown on a site plan approved pursuant to Section 41 of the Planning Act, and each phase must comply with:

 

 

 

 

(i)

the minimum densities as per 196(2) (a), (b) and (c), and

 

 

 

 

(ii)

the outdoor communal space as per 195(8)

 

 

 

 

but only for the portion of the property shown in that phase,

 

 

 

(e)

subclause (g)(i) of Table 195 applies and in all other cases the maximum building height is: 60 metres,

 

TD3 SUBZONE

 

 

(3)

In the TD3 Subzone:

 

 

 

(a)

minimum number of residential units per hectare required for residential use:

 

 

 

 

(i)

on lots greater in area than 0.125ha:  350 units/hectare

 

 

 

 

(ii)

on lots 0.125ha in area or less:  no minimum,

 

 

 

(b)

minimum floor space index for non-residential use:

 

 

 

 

(i)

on lots greater in area than 0.125ha:  1.5 f.s.i.

 

 

 

 

(ii)

on lots 0.125ha in area or less:  no minimum,

 

 

 

(c)

in the case of a mixed use building clauses (a) or (b) above only apply to the corresponding use that occupies the larger portion of the gross floor area of the building and the smaller use, either, residential or non-residential, is not calculated,

 

 

 

(d)

in the case of a phased development all phases must be shown on a site plan approved pursuant to Section 41 of the Planning Act, and each phase must comply with:

 

 

 

 

(i)

the minimum densities as per 196(3) (a), (b) and (c), and

 

 

 

 

(ii)

the outdoor communal space as per 195(8)

 

 

 

 

but only for the portion of the property shown in that phase.

 

 

 

(e)

subclause (g)(i) of Table 195 applies and in all other cases the maximum building height is: 90 metres (By-law 2012-406)

 

TM - Traditional Mainstreet Zone (Sec. 197-198)

Purpose of the Zone

The purpose of the TM – Traditional Mainstreet Zone is to:

 

(1)

accommodate a broad range of uses including retail, service commercial, office, residential and institutional uses, including mixed-use buildings but excluding auto-related uses, in areas designated Traditional Mainstreet in the Official Plan;

 

(2)

foster and promote compact, mixed-use, pedestrian-oriented development that provide for access by foot, cycle, transit and automobile;

 

(3)

recognize the function of Business Improvement Areas as primary business or shopping areas; and

 

(4)

impose development standards that will ensure that street continuity, scale and character is maintained, and that the uses are compatible and complement surrounding land uses.

 

197.

In the TM Zone:

Permitted Non-Residential Uses

 

(1)

The following non-residential uses are permitted subject to:

   

(a)

the provisions of subsections 197(3) to (11);

   

(b)

where in a commercial or mixed use building and located on the ground floor abutting a street having direct pedestrian access to that street, residential, office and research and development centre uses must not be located within a depth of six metres of the front wall of the main building abutting the street ;

   

(c)

a minimum of 50% of the ground floor façade facing the main street, measured from the average grade to a height of 4.5 metres, must comprise transparent windows and active entrances; and where an active entrance is angled on the corner of the building, such that it faces the intersection of the main street and an intersecting side street, it is deemed to face the main street;(By-law 2015-190) 

   

(d)

parking garage, provided that 100% of the ground floor fronting on the street excluding any related mechanical room or pedestrian or vehicular access, is occupied for a depth of three metres by other uses permitted to be located on the ground floor; and

   

(e)

provision 197(1)(c) does not apply to places of worship.

     

animal care establishment
animal hospital
artist studio
bank

bank machine
catering establishment
cinema
click and collect facility (By-law 2016-289)
community centre
community health and resource centre
convenience store
day care
diplomatic mission, see Part 3, Section 88
emergency service
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
hotel
instructional facility
library
medical facility
municipal service centre
museum
office
park
parking garage
personal service business
place of assembly
place of worship
post office
recreational and athletic facility
research and development centre
residential care facility (By-law 2011-273)
restaurant
retail food store
retail store
school
service and repair shop
small batch brewery,
see Part 3, Section 89
theatre
training centre    
urban agriculture,
see Part 3, Section 82 (By-law 2017-148)

Permitted Residential Uses

 

(2)

The following residential uses are permitted subject to:

   

(a)

the provisions of subsections 197(3) to (8) and (11);

     

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
bed and breakfast, see Part 5, Section 121
dwelling units
group home,
see Part 5, Section 125
retirement home
retirement home, converted,
see Part 5, Section 122
rooming house
rooming house, converted,
see Part 5, Section 122
rooming units  (By-law 2014-189)

Zone Provisions

 

(3)

The zone provisions are set out in Table 197 below.

         
TABLE 197 – TM ZONE PROVISIONS
     

I
ZONING MECHANISMS

II
PROVISIONS

(a) Minimum lot area

No minimum

(b) Minimum lot width

No minimum

(c) Maximum front yard setback

2 m, subject to the provisions of subsection 197(4) below.

(d) Interior side yard setbacks

(i) Maximum

3 metres between a non-residential use building or a mixed-use building and another non-residential use building or mixed-use building, except where a driveway is provided, in which case the setback must be a maximum of 6 metres where the driveway leads to a parking area of 20 or more spaces

 

(ii) Minimum

The maximum setback provisions of row (d)(i) above do not apply to the following cases and the following minimum setbacks apply:

(1) 3 metres for a non-residential use building or a mixed-use building abutting a residential zone, and

(2) 1.2 metres for a residential use building

All other cases - no minimum (maximum setback provisions of row (d)(i) apply in these cases)

(e) Minimum corner side yard setback

3 m, except for any part of a building above 15 metres for which an additional 2 metre setback must be provided

(f) Minimum rear yard setback

(i) rear lot line abutting a residential zone

7.5 m

(ii) rear lot line abutting a public laneway

4.5 m

(iii) for residential use building

7.5 m

(iv) other cases

No minimum

(g) Building height

(i) minimum

6.7 metres for a distance of 20 metres from the front lot line as set out under subsection 197(5) below

(ii) maximum

(1) 20 metres but not more than 6 storeys, except where otherwise shown on the zoning maps

(2) where the building height is greater than four storeys or 15 metres, at and above the fourth storey or 15 metres whichever is the lesser a building must be setback a minimum of 2 metres more than the provided setback from the front lot line as set out under subsection 197(5) below, and from the a corner side lot line
(3) no part of a building on a lot with a rear lot line abutting an R1, R2, R3 or R4 Zone may project above a 45 degree angular plane measured at a height of 15 metres from a point 7.5 metres from the rear lot line, projecting upwards towards the front lot line (see illustration below). (By-law 2012-349)

(h) Maximum floor space index

No maximum

(i) Minimum width of landscaped area

(i) abutting a residential zone

3 m; may be reduced to one metre where a minimum 1.4 metre high opaque fence is provided

(ii) in all other cases

No minimum, except that where a yard is provided and not used for required driveways, aisles, parking or loading spaces, the whole yard must be landscaped

(j) minimum width of landscaped area around a parking lot

see Section 110 – Landscaping Provisions for Parking Lots

               
 
  (4)

The provisions of subsection 197(3)(c) above do not apply to the following:

    (a)

an area used for the balcony of a residential dwelling unit located on or above the 2nd floor;

    (b)

when a building must be located further from the lot line to provide a required corner lot triangle;

    (c)

when an outdoor commercial patio accessory to a restaurant use is located in a front yard of a corner lot, the maximum front yard setback is 3 metres;

    (d)

any part of a building above 15 metres, for which a minimum front yard setback of 2 metres must be provided; and

    (e)

in the case of a hydro pole, the setback may be 2 metres, and from a high voltage power line, the setback may be 5 metres for that portion of the building affected by the high voltage power line.

  (5)

For the purpose of determining the front yard setback, a lot that abuts any of the following streets designated “Traditional Mainstreet” in the Official Plan is to be treated as though it fronts that street:

    (a)

Rideau Street,

from King Edward Avenue to the Rideau River

    (b)

Montreal Road,

from the Rideau River to St. Laurent Boulevard

    (c) 

Beechwood Avenue,

from the Vanier Parkway to Corona Avenue

    (d) 

McArthur Avenue,

from North River Road to St. Laurent Boulevard

    (e) 

Main Street,

from Echo Drive to Clegg Street (By-law 2015-59)

    (f) 

Elgin Street,

from Lisgar Avenue to Catherine Street

    (g) 

Bank Street,

from Gloucester Street to the Rideau River

    (h) 

Bronson Avenue,

from Gloucester Street to Carling Avenue

    (i) 

Preston Street,

from Wellington Street to Carling Avenue

    (j) 

Gladstone Avenue,

from the CPR railway to Bank Street

    (k) 

Somerset Street,

from Wellington Street West to Elgin Street

    (l) 

Wellington Street West

from Island Park Drive to Somerset Street West

    (m) 

Richmond Road,

from Ottawa River Parkway to Island Park Drive

    (n) 

Scott Street,

from Churchill Avenue to Island Park Drive

    (o) 

Merivale Road,

from Carling Avenue to Caldwell Avenue

    (p) 

Stittsville Main Street, (By-law 2015-264)

from Hazeldean Road to Bell Street

    (q) 

Dalhousie Street

from St.Patrick Street to Bolton Street

    (r) 

King Edward Avenue,

from Rideau Street to Bruyère Street (By-law 2014-24) 
    (s) 

Westside of Holland Avenue,

from Wellington Street West to Scott Street (By-law 2014-20) (OMB Order File #PL140303, issued March 20, 2015) (By-law 2014-64)
    (t) 

Eastside of Parkdale Avenue

from Wellington Street West to Scott Street Street (By-law 2014-24) (OMB Order File #PL140303, issued March 20, 2015)  (By-law 2014-64)
     (u)

Southside of Scott Street

from Parkdale Avenue to Merton Street Street (By-law 2014-24) (OMB Order File #PL140303, issued March 20, 2015) (By-law 2014-64)
 

(6)

Storage must be completely enclosed in a building.

 

(7)

  A maximum of one private approach may be provided for each property having a lot frontage of 45 metres or less.
 

(8)

Despite Section 107 – Aisle and Driveway Provisions for Parking Lots and Parking Garages, the minimum driveway width is :

    (a) 

3 metres for parking lots with less than 20 parking spaces; and

    (b) 

6 metres for parking lots with 20 or more parking spaces.

 

(9)

Despite Section 100(1) – General Provisions, Parking, Queuing and Loading Provisions, a driveway may be situated equally or in part between two abutting commercial or mixed-use lots.

 

(10)

Despite any requirements to the contrary, parking for a use required on one lot, may be located on another lot, but must be in the same city block, or on a lot on the opposite side of the public street on which the use requiring the parking is located. (By-law 2010-354)

 

(11)

For other applicable provisions, see Part 2 – General Provisions, Part 3 – Special Use provisions, and Part 4 – Parking and Loading Provisions.

 

(12)

 (Introduced by By-law 2014-292)  
  (13)  The façade facing the main street must include at least one active entrance serving each residential or non-residential use occupying any part of the ground floor (By-law 2015-190)   
  (14) Parking exemptions in the TM zone in Areas B, C and D on Schedule 1A. (By-law 2017-148)
    (a) a restaurant use that legally existed on June 25, 2008 and located on the ground floor of a building requires no parking spaces for the first 280 square metres of gross floor area and 10 spaces per 100 square metres over 280 square metres gross floor area.
    (b) any other restaurant use located on the ground floor of a building requires no parking spaces for the first 150 square metres of gross floor area and 10 spaces per 100 square metres over 150 square metres gross floor area.
    (c) a retail use located on the ground floor of a building requires no parking spaces for the first 150 square metres of gross floor area and 2.5 per 100 square metres of gross floor area over 150 square metres.
    (d) any other use located on the ground floor of a building and that has a gross floor area of less than 150 square metres  requires no parking spaces. (By-law 2016-249)
       
 
         

Part 10 - Mixed Use / Commerical Zones (Sections 185-198)

 

TM Subzones

198.

In the TM Zone, the following subzones apply:

 
TM1 Subzone – Elgin Street Subzone
 

(1)

In the TM1 Subzone:

    (a) 

the uses listed in subsection 197(2) are not permitted and only the following residential uses are permitted subject to:

      (i) 

being in a building containing one or more of the permitted non-residential uses;

       

- dwelling unit
- rooming unit
- group home
- retirement home
- retirement home, converted
- rooming house
- rooming house, converted
(OMB Order, File #PL080959 issued June 1, 2010)

    (b) 

the following use is also permitted:

       

hotel

    (c) 

all uses located on the ground floor of a building, with the exception of a place of worship, are limited to a maximum gross floor area of 600 square metres;

    (d) 

the provisions of subsection 197(3)(f) do not apply to lots having a depth of less than 20 metres and the minimum rear yard setback must be at least 3 metres, within which a 1.4 metre opaque screen must be provided;

    (e) 

all uses located at the ground floor, must not exceed a width of 20 metres for a minimum depth of 3 metres from the building façade that faces the street;

    (f) 

in addition to the provisions of subsection 197(3)(g)(i), a building must also be at least 2 storeys in height; and

    (g) 

in the case of lots fronting on Elgin Street:

      (i)

the maximum front yard setback is 1 metre;

      (ii) 

restaurants may only be located on the ground floor, and

      (iii) 

the maximum permitted height is 15 metres and 4 storeys.

 
TM2 Subzone
 

(2)

In the TM2 Subzone:

     (a)

the uses listed in subsection 197(2) are not permitted and only the following residential uses are permitted subject to:

      (i) 

being in a building containing one or more of the permitted non-residential uses;

       

dwelling unit
rooming unit

    (b) 

each retail food store and retail store is limited to 600 square metres of gross leasable area; and

    (c) 

in addition to the provisions of subsection 197(3)(g)(i), a building must also be at least 2 storeys in height

 
TM3 Subzone
 

(3)

In the TM3 Subzone:

    (a) 

the uses listed in subsection 197(2) are not permitted and only the following residential uses are permitted subject to:

      (i) 

being in a building containing one or more of the permitted non-residential uses;

       

dwelling unit
rooming unit

    (b) 

the following uses are also permitted:

       

amusement centre
broadcasting studio
cinema
funeral home
hotel
museum
place of assembly

recording studio
theatre (By-law 2013-318)

 
TM4 Subzone
 

(4)

Reserved for Future Use (By-law 2013-318)

 
TM5 Subzone
 

(5)

In the TM5 Subzone:

    (a) 

the following uses are also permitted subject to:

      (i) 

the ground floor being occupied by a use permitted in subsection 197(1);

       

hotel
parking garage

 
TM6 Subzone- Rideau Street Subzone
 

(6)

In the TM6 Subzone:

    (a) 

the uses listed in subsection 197(2) are not permitted and only the following residential uses are permitted subject to:

      (i) 

being in a building containing one or more of the permitted non-residential uses;

       

dwelling unit
rooming unit, see Part 5, Section 134 (By-law 2009-184)

    (b) 

utility installation is not permitted on the ground floor;

    (c) 

the following are the only permitted uses in the first 6 metres of the building depth at the ground floor that abuts Beausoleil Drive, Besserer Street and Tormey Street:

       

apartment dwelling, low rise
apartment dwelling, mid-high rise (Subject to By-law 2014-292)
artist studio
bed and breakfast,
see Part 5, Section 121
dwelling unit
retirement home
stacked dwelling
, see Part 5, Section 138 (By-law 2010-307)

    (d)   

where the gross floor area of a building, or group of buildings designed as one development, exceeds 2,000 square metres, 50% of the gross floor area over 2,000 square metres must be used for the following uses:

       

dwelling unit
group home
low-rise apartment dwelling
 (By-law 2014-189)
retirement home
retirement home, converted,
see Part 5, Section 122
rooming house
rooming house, converted,
see Part 5, Section 122
stacked dwelling , see Part 5, Section 138 (By-law 2010-307)
(By-law 2009-184)

    (e)   

the provisions of subsections 197(3)(c) to (g) do not apply and the provisions of Table 197A below apply:

             
TABLE 197A – PROVISIONS FOR THE TM6 SUBZONE
     

I
ZONING MECHANISM

II
PROVISIONS

 

In addition to the front yard setback requirements of subsections 197(4)(a), (b), (c) and (e), the following also applies: (By-law 2009-392)

(i) Minimum front yard setback

1. 3 m

2. for buildings on lots abutting Rideau Street:

(i)

and located between Augusta Street and Cummings Bridge: 1 m

(ii)

and located between King Edward Avenue and Augusta Street: 0 m

3. for that part of a building above the 6th storey the minimum is the setback provided at ground level plus 2 metres

 
In addition to the front yard setback requirements of subsections 197(4)(a), (b), (c) and (e), the following also applies: (By-law 2009-392)

(ii) Maximum front yard setback

1. for buildings on lots abutting Rideau Street:

(i)

between Augusta Street and Cummings Bridge: 2 m

(ii)

between King Edward Avenue and Augusta Street: 1 m

2. see Section 197(4)(c) for an outdoor commercial patio

3. no maximum for any part of a building over the 3rd storey

(iii) Minimum side yard setback

1. abutting an R1, R2, R3 or R4 zone or subzone: 7.5 m

2. abutting an R5 zone or subzone: 3 m

3. for buildings on lots abutting Rideau Street:

(i)

corner side yard: 1 m

(ii)

corner side yard for 292 Rideau Street: 3 m

4. other cases - no minimum

(iv) Maximum side yard setback

1. for buildings on lots abutting Rideau Street:

(i)

corner side yard: 4 m

(ii)

corner side yard for 292 Rideau Street: 6 m

2. other cases - no maximum

(v) Minimum rear yard setback

1. abutting a rear yard in a residential zone except R5P to R5T:

(i)

7.5 m

(ii)

for that part of the building above the 3rd storey where the maximum permitted building height is 16 metres or less: 10.5 m

(iii)

for that part of the building above the 4th storey where the maximum permitted building height is greater than 16 metres: 10.5 m

2. other cases: 3 m

(vi) Minimum building height

10 m, except for the following properties where a minimum of 5 metres applies:

(i)

323 Rideau Street, Lot 11 Rideau North, Plan 43586

(ii)

362 Rideau Street, East Part Lot 20 Rideau South, Plan 6

(iii)

364 Rideau Street, West Part Lot 21 Rideau South, Plan 6

(iv)

366 Rideau Street, East Part Lot 21 Rideau South, Plan 6

(v)

377 Rideau Street, Part 5, Plan 4R-15768

(vi)

390 Rideau Street East Part Lot 24 Rideau South, Plan 6

(vii)

418 Rideau Street, Lot 28 Rideau South, Plan 6

(viii)

487 Rideau Street, South Part Lot 31 Rideau South, Plan 43586

(ix)

506 Rideau Street, Parts 1 & 2, Plan 5R-8257

(x)

508 Rideau Street, Parts 3, 4, and 5, Plan R5-8257

(xi)

510 Rideau Street, West Part Lot 40 Rideau South, Plan 6

(xii)

511 Rideau Street, Carleton Condominium Plan 609

(xiii)

541 Rideau Street, Part 1, Plan R5-5528 and Part 4, Plan R5-5754

(xiv)

589 Rideau Street, Carleton Condominium Plan 586

                   
 
   

(f)

the floor to ceiling measurement of the ground floor must exceed the floor to ceiling measurement of any floor above the ground floor, except the top floor, by a minimum of 1 metre; and

   

(g)

a parking lot and parking spaces must be located at least 4.5 metres from a property line abutting Beausoleil Drive, Besserer Street or Tormey Street.

 
TM7 Subzone
 

(7)

In the TM7 Subzone:

   

(a)

the uses listed in subsection 197(2) are not permitted and only the following residential uses are permitted subject to:

     

(i)

being in a building containing one or more of the permitted non-residential uses;

     

dwelling unit
rooming unit

 

TM8 Subzone - Beechwood Avenue Subzone

 

(8)

In the TM8 Subzone:

   

(a)

The following use is also permitted provided it is not located on the ground floor of a building:

     

(i)

parking garage

   

(b)

The required front, corner side and rear yard setbacks for lots abutting Beechwood Avenue are as follows:

     

(i)

front yard setback: a minimum of 0 metres for the first three storeys and above the third storey, a minimum of 2 metres more than the setback of the first three storeys; despite Section 197(3)(c), no maximum above the third storey;

     

(ii)

corner side yard setback: for the first three storeys, a minimum of 1 metre and a maximum of 3 metres; above the third storey, a minimum of 2 metres more than the setback of the first three storeys;

     

(iii)

minimum rear yard setback:

         

1.

   

where abutting a residential zone,
-5 metres for the first three storeys, except in the case of corner or through lots 20 metres or greater in width, where setback is 3 metres for up to half the lot width measured from the corner side lot line and 7.5 metres for the remaining portion of the lot width
-7.5 metres above the third storey,

         

2.

   

where abutting a street, 3 metres for the first three storeys; above the third storey, a minimum of 2 metres more than the setback of the first three storeys, and

         

3.

   

in all other cases, no minimum.

   

(c)

The required front, interior side and rear yard setbacks for lots not abutting Beechwood Avenue are as follows:

     

(i)

front yard setback- minimum of 3 metres, no maximum;

     

(ii)

minimum interior side yard setback - 3 metres abutting a residential zone, and no minimum in other cases; and

     

(iii)

minimum rear yard setback: same as subsection (b)(iii) above.

   

(d)

Despite Section 197(5), residential uses are permitted to a maximum of 50% of the ground floor area of a building that faces Barette Street and the uses must face Barette Street. If the ground floor of a building that faces Barette Street is used for a non-residential use, then no vehicular entrances are permitted on the ground floor and a maximum of 10% of the area of the façade can be windows.

   

(e)

Despite Subsection (b) above, Section 197(4) applies to the maximum front yard and corner side yard setbacks in the TM8 Subzone.

 

TM9 Subzone- Stittsville Main Street Subzone

 

(9)

In the TM9 Subzone,

   

(a)

the following uses are also permitted:

     

amusement centre
bar
funeral home
parking lot
stacked dwelling
townhouse dwelling
planned unit development

   

(b)

Section 197(1)(b) does not apply:

    (c) 

(i)

A minimum of 50 per cent of the lot width within a distance of the front lot line equal to the required maximum front yard setback, must be occupied by building walls if the lot is less than 90 metres wide;

     

(ii)

A minimum of 30 per cent of the lot width within a distance of the front lot line equal to the required maximum front yard setback, must be occupied by building walls if the lot is 90 metres in width or wider.

    (d)

At least 80 per cent of the windows and doors facing Stittsville Main Street must consist of transparent glazing.

    (e)

Sections 197(3)(c),(d)(i),(ii)(1),(e) and (f) do not apply and the following yard setbacks apply:  (By-law 2016-288)

     

(i)

maximum front yard setback: 3 metres

     

(ii)

maximum corner side yard setback: 3 metres

     

(iii)

minimum interior side yard setback for a non-residential use building or a mixed-use building abutting a residential, open space or environmental protection zone: 7.5 metres

     

(iv)

minimum rear yard setback:

       

(a)  where the rear lot line abuts aTM9 Zone: 3 metres

       

(b)  all other cases: 10 metres    

    (f)

The maximum front yard and corner side yard setbacks in Section 198(9)(e)(i)(ii) does not apply in the following instances:

      (i)

an area used for the balcony of a residential dwelling unit located on or above the second floor;

      (ii)

when a building is located further from the lot line to provide a required corner lot triangle;

      (iii)

when an outdoor commercial patio accessory to a restaurant use is located in a front or corner side yard, the maximum setback for that same yard is 6 metres;

      (iv)

any part of a building above 7.5 metres, for which a minimum front and corner side yard setback of 2 metres must be provided;

      (v)

if there are high voltage power lines present near the front or corner side lot line then the maximum setback requirement is 5 metres;

      (vi)

the maximum setback requirement may be increased to 4.5 metres where a porch is provided;

      (vii)

where the requirements of 198(9)(c)(i) or (ii) have been met and where on a corner lot at least one building meets the required corner side yard setback.

    (g)

Section 197(3)(g)(ii) does not apply and in addition to the maximum permitted height limit:

      (i)

no building may be more than 4 storeys in height;

      (ii)

any part of a building subject to the minimum building height set out in Table 197(g)(i) and located within 10 metres of the corner side lot line abutting the following streets (Carp Road, Hobin Street, Wintergreen Drive, Abbott Street, Orville Street, Elm Crescent and Carleton Cathcart Street) must also be a minimum of 2 storeys.

      (iii)

no part of a building on a lot with a rear lot line abutting an R1, R2, R3 or R4 Zone may project above a 45 degree angular plane measured at a height of 7.5 metres from a point 10 metres from the rear lot line, projecting upwards towards the front lot line (see illustration below). (By-law 2015-264)

TM9 Subzone- Stittsville Main Street Subzone
         

TM10 Subzone (OMB order dated September 25, 2008- File # PL070727)

 

(10)

Despite anything to the contrary in this by-law, for the lands zoned TM10 Subzone the following provisions shall apply:

   

(a)

A maximum of one high-rise apartment, including ground floor commercial uses is permitted on the property subject to the following regulations:

     

(i)

Notwithstanding the building height provisions of Table 197(g), the high-rise apartment must not exceed a height of 38.0 metres (12 storeys).

     

(ii)

The setbacks established in Table 197 and subsection 197(4) do not apply and the following yard setbacks shall apply:
    (b)  
(Introduced by By-law 2014-292) (Introduced by By-law 2015-192)
         
       

I
ZONING MECHANISM

II
REGULATIONS

(i) Front yard setback

Minimum

No Minimum

Maximum

3.0 m

An added 2.0 metre setback from the provided front yard setback at grade shall occur above the 5th storey or 18 metres whichever is the lessor for the middle 1/3 of the length of the front building façade, otherwise the added 2.0m setback from the provided front yard setback at grade shall apply above the 4th storey or 15.0m.

(ii) Corner side yard setback

Minimum

No Minimum

Maximum

3.0 m

(iii) Interior Side Yard

setback

Minimum

9.0 m

 

An added 2.0 m setback from the provided interior side yard setback at grade shall apply above the 4th storey or 15.0m, whichever is the lessor;

An added 22.3m setback shall apply above the 8th storey or above 27.0m whichever is the lessor, although an enclosed exit corridor, not to exceed 2.5m in height, and 3m in width, shall be permitted to exceed the 8 storey/27.0 m height limit within this setback.

(iv) Rear Yard Setback

Minimum

No minimum

TM11 Subzone- Wellington Street Subzone

 

(11)

In the TM11 Subzone,

   

(a)

maximum front yard setback:  3.0m,

   

(b)

despite 197(3)(g) – building height:

     

(i)

the maximum building height is 20 metres,

     

(ii)

for a building that is over 4 storeys in height that part of the building above the 3rd storey or above 12.0 metres has a minimum front yard setback of 2 metres,

   

(c)

parking spaces required or provided in the TM11 Subzone may be available for parking purposes to any land use located within the TM11 subzone and MC16 Subzone.(OMB Order File #PL110686, issued October 24, 2012),(By-law 2011-216)

TM12 Subzone

 

(12) 

In the TM12 subzone,

   

(a) 

the following uses are also permitted:

detached dwelling
duplex dwelling
semi-detached dwelling
three-unit dwelling
townhouse dwelling  (Subject to By-law 2015-43)

    (b) 

 for the purposes of Table 197 (d), (f) and (g), a lot in the TM12 subzone that abuts a lot containing one of the uses listed in subsection 198(12)(a) will be considered to abut a residential zone, and subclause 197(g)(ii)(3) applies. (By-law 2014-24)

TM13 Subzone  

 

(13) 

In the TM13 subzone, 

   

(a) 

the following uses are also permitted:

detached dwelling
duplex dwelling
secondary dwelling unit
semi-detached dwelling
three-unit dwelling
townhouse dwelling

   

(b) 

for the purposes of Table 197 (d), (f) and (g), a lot in the TM13 subzone that abuts a lot containing one of the uses listed in subsection 198(13)(a) will be considered to abut a residential zone, and subclause 197(g)(ii)(3) applies. (By-law 2014-20) (OMB Order File #PL140303, issued March 20, 2015) (By-law 2014-64)

       
TM14 - Subzone
  (14) In the TM14 subzone,
    (a) Any use listed in subsection 197(1)(e), other than office, is limited to a maximum gross floor area of 225 square metres;
    (b) The following additional uses are also permitted:

detached dwelling
duplex dwelling
semi-detached dwelling
stacked dwelling
three-unit dwelling
townhouse dwelling
    (c) Despite clause 197(1)(b), permitted residential uses and office are allowed to occupy any part of the ground floor; and,
    (d) Despite clause 197(g)(ii), the maximum building height is 14.5 metres, except where otherwise provided for by an H suffix, exception or schedule. (By-law 2015-44)