Bylaw test

Purpose

1162 The Centre City Mixed Use District:

a is intended to provide for a mix of commercial, residential and a limited range of light industrial uses on sites within the Centre City area;

75P2008

b is intended for mixed uses that are sensitive to adjacent districts that allow residential uses;

c provides intense development where intensity is measured by floor area ratio;

d provides a building form that is street oriented at grade; and

e has a maximum base density with the opportunity for a density bonus over and above base density to achieve commercial-residential mixed use, public benefit and amenities within the same community.

Permitted Uses

1163 1 The following uses are permitted uses in the Centre City Mixed Use District:

a Park;

b Sign — Class A;

c Sign — Class B;

d Sign — Class D; and

4P2012

d.1 deleted

10P2009, 4P2012

e Utilities.

2 The following uses are permitted uses in the Centre City Mixed Use District if they are located within existing approved building:

39P2010

a deleted

65P2023

b Catering Service — Minor;

c Convenience Food Store;

d deleted

27P2021

e Fitness Centre;

f Health Care Service;

27P2021

g Home Based Child Care — Class 1;

h Home Occupation — Class 1;

i Information and Service Provider;

j Library;

k deleted

27P2021

l Office;

m Pet Care Service;

n Power Generation Facility — Small;

o Print Centre;

p Protective and Emergency Service;

q Radio and Television Studio;

r deleted

27P2021

s Retail and Consumer Service;

t Service Organization;

u Specialty Food Store; and

65P2023

v deleted

65P2023

w Temporary Residential Sales Centre.

3 Unless otherwise stated in subsection 1164(2.1), the following uses are permitted uses in the Centre City Mixed Use District if they are located within existing approved buildings and if the public area is 150.0 square metres or less:

27P2021

a Restaurant: Food Service Only.

Discretionary Uses

1164 1 Uses listed in subsection 1163(2) are discretionary uses if they are located in proposed buildings or proposed additions to existing buildings in the Centre City Mixed Use District.

1.1 The following uses are discretionary uses in the Centre City Mixed Use District if they are located within existing approved buildings and if the public area is greater than 150.0 square metres:

27P2021

a Restaurant: Food Service Only.

1.2 The following uses are discretionary uses in the Centre City Mixed Use District if they are located in proposed buildings or proposed additions to existing buildings:

27P2021

a Restaurant: Food Service Only.

2 Uses listed in subsection 1163(2) are discretionary uses if they are proposed in an existing building that does not have at least one use listed in this District that has been approved after the parcel was designated as a commercial land use district.

2.1 The following uses are discretionary uses if they are proposed in an existing building that does not have at least one use listed in this District that has been approved after the parcel was designated as a commercial land use district.

27P2021

a Restaurant: Food Service Only.

3 The following uses are discretionary uses in the Centre City Mixed Use District:

32P2009

a deleted

65P2023

b Addiction Treatment;

c Artist's Studio;

c.1 Assisted Living;

24P2011

c.2 Beverage Container Quick Drop Facility;

37P2014

d Billard Parlour;

d.1 Brewery, Winery, Distillery;

22P2016

d.2 deleted

25P2018, 27P2021

d.3 Cannabis Store;

26P2018

e Child Care Service;

f Cinema;

f.1 Community Recreation Facility;

2P2012

g Computer Games Facility;

g.1 Conference and Event Facility;

46P2019

h Custodial Care;

i Dinner Theatre;

j Drinking Establishment — Medium

k Drinking Establishment — Small;

l Dwelling Unit;

m Financial Institution;

m.1 Food Kiosk;

2P2012

n General Industrial — Light;

o Home Occupation — Class 2;

p Hotel;

q Indoor Recreation Facility;

r Instructional Facility;

r.1 Kennel;

46P2019

s Liquor Store;

t Live Work Unit;

t.1 deleted

5P2013, 42P2019, 27P2021

t.2 deleted

28P2016, 25P2018

u Multi-Residential Development;

v Night Club;

w Outdoor Café;

x Parking Lot — Grade (Temporary);

y Parking Lot — Structure;

z Pawn Shop;

z.1 Payday Loan;

43P2015

aa Performing Arts Centre;

bb Place of Worship — Small;

cc Place of Worship — Medium;

dd Post-secondary Learning Institution;

ee Residential Care;

ff deleted

27P2021

gg Restaurant: Licensed;

35P2019, 27P2021

gg deleted

35P2019, 27P2021

hh.1 deleted

35P2019, 2P2012, 27P2021

hh.2 School — Private;

35P2019, 16P2018

hh.3 School Authority - School;

35P2019

ii Seasonal Sales Area;

jj Sign — Class C;

kk Sign — Class E;

ll Sign — Class F;

ll.1 deleted

30P2011, 4P2013

mm Social Organization;

nn Special Function — Class 2;

4P2012

oo Supermarket;

oo.1 Urban Agriculture;

33P2019

pp Utility Building; and

qq Veterinary Clinic.

4 An existing Sign — Class G is a discretionary use where:

4P2013

a it existed on the parcel prior to March 1, 2013; and

b the previously approved development permit issued by the City has not expired.

Rules

1165 In addition to the rules in this District, all uses in this District must comply with:

a the General Rules for Centre City Multi-Residential Land Use Districts referenced in Part 11, Division 4;

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

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

Floor Area Ratio

1166 1 For developments located west of MacLeod Trail SE the maximum floor area ratio is:

2P2012

a for parcels between 12 and 13 Avenue and West of 1 Street SE:

i 3.0 for uses referenced in sections 1163 and 1164; or

ii 5.0 for Assisted Living, Dwelling Unit, Live Work Unit, Multi-Residential Development and Hotel uses;

b for parcels between 15 and 17 Avenue and west of 1 Street SE is 3.0;

c for all other parcels:

i 5.0; or

ii The maximum floor area ratio in subsection (i) may be increased by a floor area ratio of 3.0 when this additional floor area is used for Assisted Living, Dwelling Unit, Live Work Unit, Multi-Residential Development and Hotel uses.

5P2013

2 For developments located east of Macleod Trail SE the maximum floor area ratio is:

35P2019

a 7.0 for the parcels SW-14-24-1-5 and Plan 0716155 Area B;

b for parcels between the CPR tracks and 11 Avenue and Olympic Way and 6 Street SE:

i 5.0 for uses referenced in sections 1163 and 1164; or

ii the maximum floor area ratio in subsection (i) may be increased by a floor area ratio of 3.0 when this additional floor area is used for Assisted Living, Dwelling Unit, Live Work Unit, Multi-Residential Development and Hotel uses; and

c 5.0 for all other parcels.

3 The maximum floor area ratio referenced in (1) and (2) may be increased in accordance with the bonus provisions contained in Part 11, Division 7.

4 Unless otherwise referenced in subsections (1) to (3), where a development provides units with three or more bedrooms in the form of Assisted Living, Dwelling Units, Live Work Units or Multi-Residential Development, the Development Authority may exclude the three or more bedroom units from the gross floor area ratio calculation, up to a maximum of 15 per cent of the total units in the development.

17P2024

Building Height

1167 There is no maximum building height.

Building Orientation

1168 The main public entrance to a building must face the property line shared with a commercial street.

Front Setback Area

1169 1 The front setback area must have a minimum depth of 1.5 metres and a maximum depth of 3.0 metres for parcels located on the following streets:

a 4 Street SW;

b 8 Street SW;

c 11 Street SW;

d 11 Avenue (west of Olympic Way SE); and

e 12 Avenue (west of Macleod Trail SE).

2 The front setback area must have a minimum depth of 1.5 metres and a maximum depth of 6.0 metres for parcels located on the following streets:

a 1 Street SE;

b 14 Street SW;

c 10 Avenue; and

d Macleod Trail SE.

3 The front setback area must have a maximum depth of 3.0 metres and no minimum depth requirement for parcels located on the following streets:

a 1 Street SW;

2P2012

b 17 Avenue; and

c Olympic Way SE.

4 The front setback area must have a minimum depth of 3.0 metres and a maximum depth of 6.0 metres for parcels located on the following streets:

a 2 Street SW;

b 3 Street SE;

c 5 Street SE;

d 5 Street SW;

e 6 Street SE;

f 6 Street SW;

g 7 Street SW;

h 9 Street SW;

i 10 Street SW;

j 12 Street SW;

k 13 Street SW;

l 11 Avenue SE (east of Olympic Way SE);

m 12 Avenue SE (east of Macleod Trail SE);

n 13 Avenue;

o 14 Avenue SE;

p 15 Avenue; and

q Centre Street.

Rear Setback Area

1170 1 Where the parcel shares a rear property line with a parcel designated as:

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

b a residential district or a special purpose district the rear setback area must have a minimum depth of 3.0 metres.

2 Where the parcel shares a rear property line with:

a an LRT corridor, or rail corridor, the rear setback area must have a minimum depth of 3.0 metres;

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

c a lane, in all other cases, there is no requirement for a rear setback area; and

d a street, the front setback area requirement referenced in section 1169 applies.

Side Setback Area

1171 1 Where the parcel shares a side property line with a parcel designated as:

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

b a residential district or a special purpose district the side setback area must have a minimum depth of 3.0 metres.

2 Where the parcel shares a side property line with:

a an LRT corridor, or rail corridor, the side setback area must have a minimum depth of 3.0 metres;

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

c a lane, in all other cases, there is no requirement for a side setback area; and

d a street, the front setback area requirement referenced in section 1169 applies.

Floor Plate Restrictions

1172 1 When located within the area bounded by the CPR tracks, Macleod Trail SE, 12 Avenue and 8 Street SW, each floor of a building located partially or wholly above 36.0 metres above grade, and containing Dwelling Units, Hotel suites or Live Work Units, has a maximum:

a floor plate area of 930.0 square metres; and

b horizontal dimension of 44.0 metres.

2 In all other locations, each floor of a building located partially or wholly above 36.0 metres above grade, and containing Dwelling Units, Hotel suites or Live Work Units, has a maximum:

a floor plate area of 650.0 square metres; and

b horizontal dimension of 37.0 metres.

Landscaping

1173 1 A minimum of 30% of the area of the parcel must be a landscaped area.

2 Landscaping provided at grade or below 36.0 metres above grade may be credited towards the landscaped area requirement.

Landscaping In Setback Areas

1174 1 Where a setback area shares a property line with a street, the setback area must be a landscaped area.

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

3 Where a setback area shares a property line with an LRT corridor or a parcel designated as a residential district, the setback area must:

a be a soft surfaced landscaped area;

b have a minimum of 1.0 trees and 2.0 shrubs:

i for every 30.0 square metres; or

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

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

4 Where a setback area shares a property line with a parcel designated as a commercial, industrial or special purpose district, the setback area :

a must be a landscaped area; and

b must provide a minimum of 1.0 trees and 2.0 shrubs:

i for every 35.0 square metres; or

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

5 Where a setback area shares a property line with a lane that separates the parcel from a parcel designated as a residential district and there is no access from the lane, the setback area:

a must be a soft surfaced landscaped area; and

b must provide a minimum of 1.0 trees and 2.0 shrubs:

i for every 35.0 square metres; or

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

Location of Uses within Buildings

9P2012, 32P2009, 27P2021

1175 1 The following uses must not be located on the ground floor of buildings where the use fronts a commercial street:

a Catering Service — Minor;

b Community Recreation Facility;

c Health Care Service;

d Indoor Recreation Facility;

e Instructional Facility;

f Place of Worship — Small;

g Radio and Television Studio; and

h Service Organization;

2 Only those uses listed in the Residential Group of Schedule A to this Bylaw, with the exception of Hotel uses, may share a hallway with residential uses.

3 All uses must be contained completely within a building, with the exception of Outdoor Café uses.

4 deleted.

32P2020

5 Only those uses listed in the Residential Group of Schedule A to this Bylaw, with the exception of Hotel uses, may share an area of a parking structure with residential uses.

6 All uses may share an entrance to areas of a parking structure.

7 When not combined with other uses in a comprehensive development the General Industrial — Light use may be allowed only in a building that was legally existing or approved prior to the effective date of this Bylaw.

32P2009

Use Area

1176 1 Unless otherwise referenced in subsection (3), (4) or (5), the maximum use area for uses on the ground floor of buildings in the Centre City Mixed Use District is 1200.0 square metres.

2 Unless otherwise referenced in subsection (3), (4) or (5), there is no maximum use area requirement for uses located on upper floors in the Centre City Mixed Use District.

3 The maximum use area of:

a Night Club is 300.0 square metres; and

16P2018

b Supermarket, or a Supermarket combined with any other use, is 5200.0 square metres.

3.1 The maximum public area for a Restaurant: Food Service Only or Restaurant: Licensed is 300.0 square metres.

27P2021

4 General Industrial — Light does not have a use area restriction when located in a building that was legally existing or approved prior to the effective date of this Bylaw.

5 The following uses do not have a use area restriction:

a Addiction Treatment;

b Assisted Living;

c Custodial Care;

d Hotel;

e Place of Worship — Medium;

f Place of Worship — Small;

g Protective and Emergency Service;

h Residential Care; and

i Utility Building.

Motor Vehicle Parking Stall Requirements

38P2009

1177 1 Unless otherwise specified in this section, the minimum number of required motor vehicle parking stalls, visitor parking stalls, bicycle parking stalls — class 1 and bicycle parking stalls — class 2 is the requirement specified in the General Rules for Centre City Commercial Land Use Districts referenced in Part 11, Division 4.

2 For the area bounded by the CPR tracks, the Elbow River, 12 Avenue and 14 Street SW, the motor vehicle parking stall requirement is:

a no requirement for Cinema, Dinner Theatre, Drinking Establishment — Small, Drinking Establishment — Medium, Night Club, Performing Arts Centre, Restaurant: Food Service Only, and Restaurant: Licensed;

27P2021

b unless specified in subsection (b.1), a minimum of 1.0 stall per 100.0 square metres of gross usable floor area for Information and Service Provider, Liquor Store, Office, Pet Care Service, Print Centre, and Retail and Consumer Service.

39P2010, 65P2023

b.1 no requirement for Computer Games Facility, Convenience Food Store, Food Kiosk, Liquor Store, Outdoor Café and Retail and Consumer Service located on the ground floor of a building where:

39P2010

i the building contains a Dwelling Unit, Hotel, Multi-Residential Development, or Office located above the ground floor; or

ii the use area is less than 465.0 square metres;

c a maximum of 1.5 stalls per Dwelling Unit; and

d For all uses other than Dwelling Units:

13P2018

i a maximum of 100 per cent of the minimum required motor vehicle parking stalls may be provided for developments; and

ii the development authority may consider a relaxation of the minimum number of required motor vehicle parking stalls for developments of up 25 per cent only where:

A an off-site transportation improvements in lieu of parking fee is paid, calculated at the rate per motor vehicle parking stall established by Council in effect at the time the payment is made; and

B the rules in section 124 are met.

Supplies and Products

1178 All materials, supplies and products must be contained within a building.

Bylaw test

PART 11: CENTRE CITY DISTRICTS

Division 5: Centre City Mixed Use District (CC-X)

Purpose

Permitted Uses

Discretionary Uses

Rules

Floor Area Ratio

Building Height

Building Orientation

Front Setback Area

Rear Setback Area

Side Setback Area

Floor Plate Restrictions

Landscaping

Landscaping In Setback Areas

Location of Uses within Buildings

Use Area

Motor Vehicle Parking Stall Requirements

Supplies and Products