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

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
payday loan establishment (By-law 2017-302)
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
storefront industry, see Part 3, Section 99  (By-law 2018-171)
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
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) (By-law 2018-206)

Zone Provisions

(3)

The zone provisions are set out in Table 185 below.

(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.

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.

(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

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

13 m

(vi) Minimum rear yard setback

7.5 metres

(i)

St. Joseph Boulevard and Youville Drive;

(ii)

St. Joseph Boulevard and Jeanne d’Arc Boulevard;

(iii)

St. Joseph Boulevard and Orléans Boulevard; and

(iv)

St. Joseph Boulevard and Place d’Orléans 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 care, see 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
payday loan establishment (By-law 2017-302)
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 and each storey above the fourth storey is to have the same minimum stepback as required for the fourth storey, (By-law 2018-155)

(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) 

(ii) 

(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.

(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:

AM10 Subzone 

(10) 

In the AM10 Subzone:

AM11 Subzone - Innes Road (Blackburn Hamlet) Subzone  

amusement centre
amusement park
nightclub
small batch brewery, see Part 3, Section 89
sports arena

despite Table 185(c) the front yard and corner side yard provisions are as follows;

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 must satisfy the following:

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

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:

a minimum of one active entrance in the case of a residential use building,

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
payday loan establishment (By-law 2017-302)
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  

(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

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 the Central 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
payday loan establishment (By-law 2017-302)
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
storefront industry, see Part 3, Section 99  (By-law 2018-171)
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
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 2018-206)

Zone Provisions

(3)

The zone provisions are set out in Table 187 below.

(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.

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
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 2018-206)

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
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)  (By-law 2018-206)

(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 house  (By-law 2018-206)

(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
payday loan establishment (By-law 2017-302)
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
payday loan establishment (By-law 2017-302)
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)

(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,  payday loan establishment, personal service business, place of assembly, recreational and athletic facility, restaurant fast food, restaurant take-out or retail store;  (By-law 2017-302)

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 houses must be located a minimum of 0.5 metres above the finished grade at the lot line abutting a street; (By-law 2018-206)

(c)

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

(d)

the subzone provisions are set out in Table 188B.

(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
payday loan establishment (By-law 2017-302)
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)

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

(c)

the subzone provisions are set out in Table 188D below

(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
payday loan establishment (By-law 2017-302)
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 dwelling, see 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)
payday loan establishment (By-law 2017-302)
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, payday loan establishment and accessory uses to an automobile dealership being limited to a cumulative total gross floor area of 11,150 m²;  (By-law 2017-302)

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
payday loan establishment (By-law 2017-302)
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.

(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

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
payday loan establishment (By-law 2017-302)
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)

(By-law 2009-162)

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

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)

(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)

(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)

(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)

(e)

(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:

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
payday loan establishment (By-law 2017-302)
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
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) (By-law 2018-206)

(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 

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

GM31 SUBZONE

cinema
hotel
museum
theatre

drive-through facility
townhouse dwelling
stacked dwelling

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 Area designations 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
payday loan establishment (By-law 2017-302)
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 breakfast, see 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
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) (By-law 2018-206)

Zone Provisions

(3)

The zone provisions are set out in Table 189 below.

(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:

(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:

(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)

(d) 

(e) 

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)
instructional facility (By-law 2017-302)
library
medical facility
municipal service centre
office
payday loan establishment (By-law 2017-302)
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, instructional facility, library, municipal service centre, place of worship and a school: (By-law 2017-302)

(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
instructional facility (By-law 2017-302)
library
medical facility
municipal service centre
office
payday loan establishment (By-law 2017-302)
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).

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

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
payday loan establishment (By-law 2017-302)
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,
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)
storefront industry, see Part 3, Section 99 (By-law 2018-171)
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) (By-law 2018-206)  

Zone Provisions

(2)

The zone provisions are set out in Table 191 below.

(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.

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
payday loan establishment (By-law 2017-302)
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.

(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 m^2;

(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 m^2;

(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)