Bylaw test

Defined Terms

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

136 deleted

65P2023

137 deleted

65P2023

138 "Accessory Residential Building"

a means a use where a building:

12P2010, 5P2013, 44P2013, 24P2014

i accommodates a use that is subordinate to the main residential use on a parcel;

ii is not attached to a main residential building except where the attachment is entirely below grade or directly below a patio; and

iii may be attached to a Backyard Suite on a parcel where a Backyard Suite is a listed use in the applicable land use district;

15P2016

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

c does not require motor vehicle parking stalls; and

d does not require bicycle parking stalls — class 1 or class 2.

139 "Addiction Treatment"

a means a use:

i where one or more persons with alcohol, drug or similar addiction issues live under the care or supervision of professional health or counselling care providers; and

ii that has at least one staff person at the facility at all times;

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

c may have a maximum of 10 residents when located in a low density residential district;

d requires a minimum of 1.0 motor vehicle parking stalls per three (3) residents; and

e does not require bicycle parking stalls — class 1 or class 2.

140 "Adult Mini-Theatre"

a means a use:

i where live performances, motion pictures, video tapes, video discs, slides or any type of electronic or photographic reproductions, the main feature of which is the nudity or partial nudity of any person, are performed or shown;

ii that may operate in conjunction with another approved use;

iii where each separate viewing area has a maximum viewing capacity of 20 seats; and

iv that must be approved only on a parcel designated as a Direct Control District that specifically includes Adult Mini-Theatre as a use;

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

c must be located in a building at least 460.0 metres from the property line of any parcel that:

i is designated as a residential district;

ii has an existing School Authority — School or School — Private;

iii has a Place of Worship;

iv has a Park or Natural Area;

v has any use that may have a playground as an element of the use; or

vi has an existing Adult Mini-Theatre; and

d requires a minimum number of motor vehicle parking stalls based on a parking study required at the time of land use redesignation application.

141 "Amusement Arcade"

a means a use where four or more mechanical or electronic games are kept for the purpose of furnishing entertainment or amusement to the public for a fee;

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

c must not have any openings, except emergency exits, loading bay doors or non-opening windows, on a façade that faces a residential district or abuts a lane separating the parcel from a residential district;

d deleted

48P2020

e does not require bicycle parking stalls — class 1; and

f requires a minimum of 1.0 bicycle parking stalls — class 2 per 250.0 square metres of gross usable floor area.

142 deleted

32P2009

143 deleted

32P2009

144 "Artist's Studio"

a means a use:

i where art is produced by individuals;

ii that may include the instruction of the art to one person at a time; and

iii that may include the sale of art pieces produced by that use;

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

32P2009

c deleted

48P2020

d does not require bicycle parking stalls — class 1; and

e requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

145 "Asphalt, Aggregate and Concrete Plant"

a means a use:

i where rock, gravel, sand and other earth material is sorted and stockpiled;

ii where rock may be crushed;

iii where asphalt may be produced;

iv where cement may be mixed;

v where part of the process associated with the use may be located outside of a building;

vi where there may be conveyor belts, cranes, piping, silos, or any other machinery necessary for the processing of the use;

vii that may accommodate the packaging or shipping of the products made as part of the use; and

viii that may have a building for administrative functions associated with the use;

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

32P2009

c deleted

48P2020

d does not require bicycle parking stalls — class 1; and

e requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

146 "Assisted Living"

24P2011

a means a use:

i that has five (5) or more residents;

ii that may contain Dwelling Units within a facility;

iii that may contain individual rooms having a washroom, bedroom and a sitting area that accommodates residents within a facility;

iv where there is one or more communal kitchens and dining rooms;

v where there may be limited on-site health care facilities for the exclusive use of the residents;

vi where residents may receive limited human health services from on-site health care providers;

vii where communal social and recreation activities are provided within the building or outside; and

viii that may include a manager's suite and administrative office;

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

c may have a maximum of ten (10) residents when located in a low density residential district;

d is not subject to the density requirement of a district;

e requires a minimum of 1.0 motor vehicle parking stalls per three (3) residents; and

f does not require bicycle parking stalls — class 1 or class 2.

147 "Auction Market — Other Goods"

a means a use:

i where an array of goods are sold by bids from an audience through an auctioneer;

ii where items sold are not large vehicles, passenger vehicles, recreational vehicles, motorized equipment or equipment intended to be pulled by a motorized vehicle;

iii where the items sold do not include live animals; and

iv that may be entirely within a building or outside of a building;

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

c deleted

48P2020

d does not require bicycle parking stalls — class 1; and

e requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

148 "Auction Market — Vehicles and Equipment"

a means a use:

i where a variety of goods are sold by bids from an audience through an auctioneer;

ii where items sold are large vehicles, passenger vehicles, recreational vehicles, motorized equipment or equipment intended to be pulled by a motorized vehicle;

iii where the items sold do not include live animals; and

iv that may be entirely within a building or outside of a building;

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

c deleted

16P2018

d deleted

48P2020

e does not require bicycle parking stalls — class 1; and

f requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

149 "Auto Body and Paint Shop"

a means a use where motor vehicle bodies are repaired or painted;

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

c must not be located within 20.0 metres of a residential district, when measured from the building containing the use to the nearest property line of a parcel designated as a residential district;

d must orient any building on the parcel to minimize any potential adverse affects on adjacent uses;

e must have service bay doors oriented away from an adjacent residential district;

f must keep service bay doors closed, except when being used by vehicles to exit or enter the service bay;

g may have activities associated with the use, auto parts, equipment, scrap, and other materials located outside of a building, provided they are within a screened enclosure that must be:

i deleted

16P2018

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

iii constructed of materials and to the standards required by the Development Authority;

h must not keep vehicles outside of a building or screened enclosure for more than 72 consecutive hours;

i deleted

13P2009

j deleted

13P2009

k deleted

48P2020

l does not require bicycle parking stalls — class 1; and

m requires a minimum of 2.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

150 "Auto Service — Major"

a means a use:

i where motor vehicles with a gross vehicle weight equal to or less than 4536 kilograms are serviced and repaired in a building; and

67P2008, 71P2008, 44P2013, 29P2016

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

67P2008

iii deleted

67P2008

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

c deleted

67P2008

d must not manufacture or re-manufacture auto parts for retail or wholesale distribution;

e must orient any building on the parcel to minimize any potential adverse affects on adjacent uses;

f must have service bay doors oriented away from an adjacent residential district;

g must keep service bay doors closed, except when being used by vehicles to exit or enter the service bay;

h must not have any vehicle exiting doors located within 23.0 metres of a residential district, when measured to the nearest property line of a parcel designated as a residential district;

47P2008

i may have activities associated with the use, equipment, scrap, auto parts and other materials located outside of a building, provided they are within a screened enclosure that must be:

i deleted

16P2018

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

iii constructed of materials and to the standards required by the Development Authority;

j must not keep vehicles outside of a building or screened enclosure for more than 72 consecutive hours;

k deleted

48P2020

l does not require bicycle parking stalls — class 1; and

m requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

151 "Auto Service — Minor"

a means a use:

i where motor vehicles with a gross vehicle weight equal to or less than 4536 kilograms are serviced and repaired in a building; and

67P2008, 71P2008, 44P2013, 29P2016, 16P2018

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

67P2008

iii deleted

67P2008

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

b.1 must not have more than 200 square metres of floor area designated for the servicing of motor vehicles, excluding areas used for administration and storage;

67P2008, 16P2018

c deleted

67P2008

d must not manufacture or re-manufacture auto parts for retail or wholesale distribution;

e must orient any building on the parcel to minimize any potential adverse affects on adjacent uses;

f must have service bay doors oriented away from an adjacent residential district;

g must keep service bay doors closed, except when being used by vehicles to exit or enter the service bay;

h must not have any vehicle exiting doors located within 23.0 metres of a residential district, when measured to the nearest property line of a parcel designated as a residential district;

47P2008

i may have activities associated with the use, auto parts, equipment, scrap, and other materials located outside of a building, provided they are within a screened enclosure that must be:

i deleted

16P2018

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

iii constructed of materials and to the standards required by the Development Authority;

j must not keep vehicles outside of a building or screened enclosure for more than 72 consecutive hours;

k deleted

48P2020

l does not require bicycle parking stalls — class 1; and

m requires a minimum of 1.0 bicycle parking stalls — class 2 per 2000.0 square metres of gross usable floor area.

Defined Terms

Bylaw test

PART 4: USES AND USE RULES

Division 2: Defined Uses