CITY OF WATERLOO. Draft Zoning By- Law

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1 SECTION 8 COMMERCIAL ZONING CATEGORIES LIST OF ZONES U1 Uptown Commercial Core (U1) U2 Uptown Mixed-Use (U2) C1 Mixed Use Community Commercial (C1) C2 Mixed Use Neighbourhood Commercial (C2) C3 Convenience Commercial (C3) C4 Mixed-Use Office (C4) C5 Corridor Commercial (C5) C6 West Side Mixed-Use Commercial Centre (C6) C7 Conestoga Commercial Centre (C7) SECTION 8 COMMERCIAL ZONES Page 8-1

2 Zone 8.1 Uptown Commercial Core Zone (U1) UPTOWN COMMERCIAL CORE ZONE (U1) [previously C2, C6, C7, C8 and GB zones] Permitted Uses No person shall erect, alter, enlarge, reconstruct, or use any BUILDING or STRUCTURE in whole or in part, nor use any land in whole or in part, in the Uptown Commercial Core (U1) zone for any purpose other than one or more of the following permitted uses: a.) ACADEMIC USE b.) ADVANCED TECH c.) ARTIST STUDIO (CLASS A) d.) ASSISTED LIVING FACILITY above the FIRST STOREY e.) AUDITORIUM f.) BAKE SHOP g.) BED & BREAKFAST ESTABLISHMENT h.) BUSINESS INCUBATOR i.) Catering Establishment j.) CHILD CARE CENTRE k.) COFFEE / BEVERAGE RETAILER l.) COMMERCIAL RECREATION m.) COMMERCIAL SCHOOL n.) COMMERCIAL SERVICE o.) COMMERCIAL WELLNESS p.) COMMUNICATION PRODUCTION q.) CULTURAL USE r.) DATA CENTRE s.) DWELLING UNITS above the FIRST STOREY t.) FINANCIAL SERVICES u.) GOVERNMENT USES v.) HOTEL w.) INSTITUTION x.) LONG TERM CARE FACILITY above the FIRST STOREY y.) MAKERSPACE (CLASS A) z.) MAJOR OFFICE aa.) MEDICAL CLINIC bb.) MUNICIPAL RECREATION FACILITY cc.) NIGHTCLUB dd.) OFFICE ee.) OLD GOLD SHOP ff.) STRUCTURED PARKING gg.) PAYDAY LOAN STORE hh.) PERSONAL SERVICE SHOP ii.) PET SERVICES (CLASS A) jj.) PRIVATE SCHOOL kk.) PUBLIC MARKET ll.) PUBLIC SCHOOL mm.) RESTAURANT nn.) RETAIL STORE (includes DRUG STORE, FOOD STORE) oo.) SPIRITUAL USE pp.) TAKE-OUT RESTAURANT qq.) TEMPORARY FARMERS MARKET rr.) VETERINARY CLINIC ss.) VIDEO/PINBALL GAME ENTERTAINMENT CENTRE SECTION 8 COMMERCIAL ZONES Page 8-2

3 Performance Standards The following regulations in Table 8A shall apply to every LOT, BUILDING and STRUCTURE in the Uptown Commercial Core (U1) zone: Table 8A: Regulations UPTOWN COMMERCIAL CORE ZONE (U1) STREET LINE setback (minimum) 4.0 metres (see and 8.1.5) STREET LINE setback (maximum) 75% of the FRONT BUILDING FAÇADE within 6.0 metres of the STREET LINE (see 8.1.6) SIDE YARD setback (minimum) 3.0 metres (see and 8.1.8) REAR YARD setback (minimum) LOW RISE RESIDENTIAL LOT LINE setback (minimum) BUILDING HEIGHT (maximum) Density AMENITY AREA (minimum) PARKING SPACES (minimum) Residential (see , , ) PARKING SPACES (minimum) Non-Residential (see , , ) Number of BUILDINGS 4.5 metres (see 8.1.8) 7.5 metres or half the height of the BUILDING, whichever is greater As specified in Table 8B As specified in Table 8B 3.0 square metres per BEDROOM Residential: 1 PARKING SPACE per DWELLING UNIT Visitor: 0.25 PARKING SPACES per DWELLING UNIT 3.5 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA More than one main BUILDING shall be permitted on a LOT The permitted height and density in the Uptown Commercial Core (U1) zone shall be defined by the numerical suffix identified on Schedule A to this BY-LAW, which corresponds with the regulations in Table 8B: TABLE 8B: HEIGHT & DENSITY UPTOWN COMMERCIAL CORE (U1) U1-10 U1-16 U1-20 U1-40 U1-81 BUILDING HEIGHT 6 metres (none) (minimum) (see 8.1.9) (none) (none) (none) BUILDING HEIGHT (maximum) 10 metres 16 metres 20 metres 40 metres 81 metres Density (minimum) (none) (none) (none) 150 BEDROOMs 150 BEDROOMs Density (maximum) 150 BEDROOMS 750 BEDROOMS 450 BEDROOMS 600 BEDROOMS 750 BEDROOMS SECTION 8 COMMERCIAL ZONES Page 8-3

4 8.1.4 Notwithstanding anything to the contrary, where a LOT LINE abuts King Street North between William Street and Young Street, the minimum STREET LINE setback shall be zero metres (0m) Notwithstanding anything to the contrary, where a LOT LINE abuts Regina Street North between William Street and Young Street, the minimum STREET LINE setback shall be zero metres (0m) In the case of multiple BUILDINGS per LOT, only the BUILDING located nearest the STREET shall comply with the maximum STREET LINE setback in Table 8A Notwithstanding anything to the contrary, where a SIDE LOT LINE abuts LOW RISE RESIDENTIAL AREA or a MUNICIPAL RECREATION FACILITY, the minimum SIDE YARD setback shall be five metres (5m) Notwithstanding anything to the contrary, where an INTERIOR LOT LINE abuts a LANE, the minimum INTERIOR LOT LINE setback shall be two point five metres (2.5m) Notwithstanding anything to the contrary, the minimum BUILDING HEIGHT in the U1-16 zone shall be six metres (6m) and two (2) STOREYS Notwithstanding anything to the contrary, the off-street PARKING SPACES that existed on the LOT on the effective date of this BY-LAW shall be deemed to satisfy the parking requirements for the BUILDING FLOOR AREA on said LOT that existed on the effective date of this BY-LAW. If a demolition permit is issued for the partial or complete demolition of said BUILDING FLOOR AREA, the parking that existed on the LOT on the effective date of this BY-LAW shall be deemed to satisfy the parking requirements for the amount of BUILDING FLOOR AREA that existed on the effective date of this BY-LAW provided that a building permit for the replacement BUILDING FLOOR AREA is issued within two (2) years of the date of the demolition permit Notwithstanding anything to the contrary, STRUCTURED PARKING (excluding UNDERGROUND PARKING) is prohibited within fifteen metres (15m) of the STREET LINE of King Street Notwithstanding anything to the contrary, SURFACE PARKING shall not comprise more than twenty five percent (25%) of the LOT FRONTAGE within fifteen metres (15m) of the STREET LINE of King Street OUTDOOR STORAGE shall be prohibited in the FRONT YARD and FLANKAGE YARD Notwithstanding anything to the contrary, DRIVE-THRUS are prohibited. SECTION 8 COMMERCIAL ZONES Page 8-4

5 Zone 8.2 Uptown Mixed-Use Zone (U2) UPTOWN MIXED-USE ZONE (U2) [previously C2, C6, C7, C8 and GB zones] Permitted Uses No person shall erect, alter, enlarge, reconstruct, or use any BUILDING or STRUCTURE in whole or in part, nor use any land in whole or in part, in the Uptown Mixed-Use (U2) zone for any purpose other than one or more of the following permitted uses: a.) ACADEMIC USE b.) ADVANCED TECH c.) ASSISTED LIVING FACILITY d.) BED & BREAKFAST ESTABLISHMENT e.) BUSINESS INCUBATOR f.) CHILD CARE CENTRE g.) COMMERCIAL SCHOOL h.) COMMERCIAL SERVICE i.) COMMERCIAL WELLNESS j.) GOVERNMENT USES k.) HOTEL l.) LONG TERM CARE FACILITY m.) MAJOR OFFICE n.) MEDICAL CLINIC o.) MULTI-UNIT RESIDENTIAL BUILDING p.) OFFICE q.) PERSONAL SERVICE SHOP r.) PET SERVICES (CLASS A) s.) VETERINARY CLINIC The following uses shall be permitted as complementary uses: a.) AUDITORIUM b.) ARTIST STUDIO (CLASS A) c.) COMMERCIAL RECREATION d.) CULTURAL USE e.) INSTITUTION f.) MAKERSPACE (CLASS A) g.) MUNICIPAL RECREATION FACILITY h.) PRIVATE SCHOOL i.) PUBLIC MARKET j.) PUBLIC SCHOOL k.) STRUCTURED PARKING l.) SPIRITUAL USE m.) TEMPORARY FARMERS MARKET SECTION 8 COMMERCIAL ZONES Page 8-5

6 8.2.3 The following uses shall be permitted as ancillary uses, meaning said uses are subordinate and incidental to a permitted use specified in section 8.2.1: a.) BAKE SHOP b.) Catering Establishment c.) COFFEE / BEVERAGE RETAILER d.) COMMERCIAL SERVICE e.) OLD GOLD SHOP f.) RESTAURANT g.) RETAIL STORE (including DRUG STORE, FOOD STORE) h.) TAKE-OUT RESTAURANT Performance Standards The following regulations in Table 8C shall apply to every LOT, BUILDING and STRUCTURE in the Uptown Mixed-Use (U2) zone: Table 8C: Regulations UPTOWN MIXED-USE ZONE (U2) STREET LINE setback (minimum) 4.0 metres (see 8.2.6) STREET LINE setback (maximum) 75% of the FRONT BUILDING FAÇADE within 6.0 metres of the STREET LINE (see 8.2.7) SIDE YARD setback (minimum) 3.0 metres (see and 8.2.9) REAR YARD setback (minimum) LOW RISE RESIDENTIAL LOT LINE setback (minimum) BUILDING HEIGHT (maximum) Density AMENITY AREA (minimum) 4.5 metres (see 8.2.9) 7.5 metres or half the height of the BUILDING, whichever is greater As specified in Table 8D As specified in Table 8D 3.0 square metres per BEDROOM PARKING SPACES (minimum) Residential (see and ) Residential: 1 PARKING SPACE per DWELLING UNIT Visitor: 0.25 PARKING SPACES per DWELLING UNIT 3.5 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA PARKING SPACES (minimum) Non-Residential (see and ) Complementary Uses (maximum) Complementary uses specified in section shall not collectively exceed 50% of the BUILDING FLOOR AREA on the LOT SECTION 8 COMMERCIAL ZONES Page 8-6

7 Ancillary Uses (maximum) Ancillary Uses (location) Number of BUILDINGS Ancillary uses specified in section shall not collectively exceed 20% of the BUILDING FLOOR AREA on the LOT The maximum BUILDING FLOOR AREA of all BAKE SHOPS, COFFEE / BEVERAGE RETAILERS, RESTAURANTS and TAKE-OUT RESTAURANTS shall not collectively exceed 10% of the BUILDING FLOOR AREA on the LOT Ancillary uses specified in section shall be located on the FIRST STOREY of a BUILDING containing one or more of the permitted uses specified in section Ancillary uses specified in section shall abut the FRONT BUILDING FACADE More than one main BUILDING shall be permitted on a LOT The permitted height and density in the Uptown Mixed-Use (U2) zone shall be defined by the numerical suffix identified on Schedule A to this BY-LAW, which corresponds with the regulations in Table 8D: TABLE 8D: HEIGHT & DENSITY UPTOWN MIXED-USE (U2) U2-10 U2-20 U2-40 U2-81 BUILDING HEIGHT (minimum) BUILDING HEIGHT (maximum) (none) 6 metres (see ) 6 metres (see ) 6 metres (see ) 10 metres 20 metres 40 metres 81 metres Density (minimum) (none) (none) Density (maximum) 150 BEDROOMS 450 BEDROOMS 150 BEDROOMs 600 BEDROOMS 150 BEDROOMs 750 BEDROOMS Notwithstanding anything to the contrary, where a LOT LINE abuts King Street South between William Street and Union Street, the minimum STREET LINE setback shall be three metres (3m) In the case of multiple BUILDINGS per LOT, only the BUILDING located nearest the STREET shall comply with the maximum STREET LINE setback in Table 8C Notwithstanding anything to the contrary, where a SIDE LOT LINE abuts LOW RISE RESIDENTIAL AREA or a MUNICIPAL RECREATION FACILITY, the minimum SIDE YARD setback shall be five metres (5m) Notwithstanding anything to the contrary, where an INTERIOR LOT LINE abuts a LANE, the minimum INTERIOR LOT LINE setback shall be two point five metres (2.5m). SECTION 8 COMMERCIAL ZONES Page 8-7

8 Notwithstanding anything to the contrary, the minimum BUILDING HEIGHT in the U2-20, U2-40 and U2-81 zones shall be six metres (6m) and two (2) STOREYS for LOTS that ABUT King Street Notwithstanding anything to the contrary, STRUCTURED PARKING (excluding UNDERGROUND PARKING) is prohibited within fifteen metres (15m) of the STREET LINE of King Street Notwithstanding anything to the contrary, SURFACE PARKING shall not comprise more than twenty five percent (25%) of the LOT FRONTAGE within fifteen metres (15m) of the STREET LINE of King Street OUTDOOR STORAGE shall be prohibited in the FRONT YARD and FLANKAGE YARD. SECTION 8 COMMERCIAL ZONES Page 8-8

9 MIXED-USE COMMUNITY COMMERCIAL ZONE (C1) Zone 8.3 Mixed-Use Community Commercial Zone (C1) [previously C3, C4, C4A, C5, C6 and CC zones] Permitted Uses No person shall erect, alter, enlarge, reconstruct, or use any BUILDING or STRUCTURE in whole or in part, nor use any land in whole or in part, in the Mixed-Use Community Commercial (C1) zone for any purpose other than one or more of the following permitted uses: a.) ACADEMIC USE b.) ADVANCED TECH c.) BAKE SHOP d.) BUSINESS INCUBATOR e.) COFFEE / BEVERAGE RETAILER f.) COMMERCIAL PRODUCTION g.) COMMERCIAL SERVICE h.) COMMERCIAL WELLNESS i.) DATA CENTRE j.) FINANCIAL SERVICE k.) MAJOR OFFICE l.) MEDICAL CLINIC m.) OFFICE n.) OLD GOLD SHOP o.) PAYDAY LOAN STORE p.) PERSONAL SERVICE SHOP q.) PET SERVICES (CLASS A) r.) RESTAURANT s.) RETAIL STORE (includes DRUG STORE, FOOD STORE) t.) TAKE-OUT RESTAURANT u.) VETERINARY CLINIC The following uses shall be permitted as complementary uses: a.) ARTIST STUDIO (CLASS A) b.) ASSISTED LIVING FACILITY above the FIRST STOREY c.) AUTOMOBILE GAS STATION d.) AUTOMOBILE SERVICE CENTRE e.) AUDITORIUM f.) CHILD CARE CENTRE g.) COMMERCIAL RECREATION h.) COMMERCIAL SCHOOL i.) CULTURAL USE j.) DWELLING UNITS above the FIRST STOREY k.) GOVERNMENT USES l.) HOTEL SECTION 8 COMMERCIAL ZONES Page 8-9

10 m.) INSTITUTION n.) LONG TERM CARE FACILITY above the FIRST STOREY o.) MAKERSPACE (CLASS A) p.) MUNICIPAL RECREATION FACILITY q.) NIGHTCLUB r.) PRIVATE SCHOOL s.) PUBLIC MARKET t.) PUBLIC SCHOOL u.) STRUCTURED PARKING v.) SPIRITUAL USE w.) TEMPORARY FARMERS MARKET x.) VIDEO/PINBALL GAME ENTERTAINMENT CENTRE Performance Standards The following regulations in Table 8E shall apply to every LOT, BUILDING and STRUCTURE in the Mixed-Use Community Commercial (C1) zone: Table 8E: Regulations MIXED-USE COMMUNITY COMMERCIAL ZONE (C1) STREET LINE setback (minimum) 5.0 metres SIDE YARD setback (minimum) REAR YARD setback (minimum) LOW RISE RESIDENTIAL LOT LINE setback (minimum) BUILDING HEIGHT (maximum) Density AMENITY AREA (minimum) LANDSCAPED OPEN SPACE (minimum) PARKING SPACES (minimum) Residential (see 8.3.6) PARKING SPACES (minimum) Non-Residential Complementary Uses (maximum) (see 8.3.7) Number of BUILDINGS 3.0 metres 4.5 metres 7.5 metres or half the height of the BUILDING, whichever is greater As specified in Table 8F As specified in Table 8F 3.0 square metres per BEDROOM 20% Residential: 1 PARKING SPACE per DWELLING UNIT Visitor: 0.25 PARKING SPACES per DWELLING UNIT 4.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA Complementary uses specified in section shall not collectively exceed 50% of the BUILDING FLOOR AREA on the LOT More than one main BUILDING shall be permitted on a LOT SECTION 8 COMMERCIAL ZONES Page 8-10

11 8.3.4 The permitted height and density in the Mixed-Use Community Commercial (C1) zone shall be defined by the numerical suffix identified on Schedule A to this BY-LAW, which corresponds with the regulations in Table 8F: TABLE 8F: HEIGHT & DENSITY MIXED-USE COMMUNITY COMMERCIAL (C1) C1-20 C1-40 C1-81 BUILDING HEIGHT (maximum) 20 metres 40 metres 81 metres Density (maximum) 450 BEDROOMS 600 BEDROOMS 750 BEDROOMS For any LOT zoned Mixed-Use Community Commercial (C1) within four hundred metres (400m) of a STREET intersection specified in Table 8G, the maximum FLOOR AREA RATIO shall be as specified in the corresponding row in Table 8G: TABLE 8G: MAXIMUM COMMERCIAL BUILDING FLOOR AREA Intersection Maximum FLOOR AREA RATIO (see 8.3.8) King Street North and Weber Street North 0.40 University Avenue West and Phillip Street 0.80 Bridgeport Road East and Weber Street 0.33 Westmount Road and Erb Street West Notwithstanding anything to the contrary, residential PARKING SPACES shall be located within a STRUCTURED PARKING Notwithstanding anything to the contrary, the Complementary Use maximum regulation specified in Table 8E shall not apply to: ASSISTED LIVING FACILITY above the FIRST STOREY DWELLING UNITS above the FIRST STOREY LONG TERM CARE FACILITY above the FIRST STOREY Notwithstanding anything to the contrary, the FLOOR AREA RATIO in Table 8G shall exclude BUILDING FLOOR AREA for: ASSISTED LIVING FACILITY DWELLING UNIT LONG TERM CARE FACILITY MAJOR OFFICE MEDICAL CLINIC OFFICE OUTDOOR STORAGE shall be prohibited in the FRONT YARD and FLANKAGE YARD. SECTION 8 COMMERCIAL ZONES Page 8-11

12 MIXED-USE NEIGHBOURHOOD COMMERCIAL ZONE (C2) [previously C3, C5 and SC zones] Zone 8.4 Mixed-Use Neighbourhood Commercial Zone (C2) Permitted Uses No person shall erect, alter, enlarge, reconstruct, or use any BUILDING or STRUCTURE in whole or in part, nor use any land in whole or in part, in the Mixed-Use Neighbourhood Commercial (C2) zone for any purpose other than one or more of the following permitted uses: a.) ACADEMIC USE b.) ADVANCED TECH c.) BAKE SHOP d.) BUSINESS INCUBATOR e.) COFFEE / BEVERAGE RETAILER f.) COMMERCIAL PRODUCTION g.) COMMERCIAL SERVICE h.) COMMERCIAL WELLNESS i.) DATA CENTRE j.) FINANCIAL SERVICE k.) MEDICAL CLINIC l.) OFFICE m.) OLD GOLD SHOP n.) PAYDAY LOAN STORE o.) PERSONAL SERVICE SHOP p.) PET SERVICES (CLASS A) q.) RESTAURANT r.) RETAIL STORE (includes DRUG STORE, FOOD STORE) s.) TAKE-OUT RESTAURANT t.) VETERINARY CLINIC The following uses shall be permitted as complementary uses: a.) ARTIST STUDIO (CLASS A) b.) ASSISTED LIVING FACILITY above the FIRST STOREY c.) AUTOMOBILE GAS STATION d.) AUTOMOBILE SERVICE CENTRE e.) CHILD CARE CENTRE f.) COMMERCIAL RECREATION g.) COMMERCIAL SCHOOL h.) CULTURAL USE i.) DWELLING UNITS above the FIRST STOREY j.) GOVERNMENT USES k.) INSTITUTION l.) LONG TERM CARE FACILITY above the FIRST STOREY m.) MAKERSPACE (CLASS A) SECTION 8 COMMERCIAL ZONES Page 8-12

13 n.) MUNICIPAL RECREATION FACILITY o.) PRIVATE SCHOOL p.) PUBLIC MARKET q.) PUBLIC SCHOOL r.) SPIRITUAL USE s.) TEMPORARY FARMERS MARKET Performance Standards The following regulations in Table 8H shall apply to every LOT, BUILDING and STRUCTURE in the Mixed-Use Neighbourhood Commercial (C2) zone: Table 8H: Regulations MIXED-USE NEIGHBOURHOOD COMMERCIAL ZONE (C2) STREET LINE setback (minimum) 5.0 metres SIDE YARD setback (minimum) REAR YARD setback (minimum) 3.0 metres 7.5 metres STREET LINE setback (maximum) 70% of the FRONT BUILDING FAÇADE within 7.0 metres of the STREET LINE LOW RISE RESIDENTIAL LOT LINE setback 7.5 metres or half the height of the BUILDING, (minimum) whichever is greater BUILDING HEIGHT (maximum) As specified in Table 8I Density BUILDING FLOOR AREA (minimum) BUILDING FLOOR AREA (maximum) AMENITY AREA (minimum) LANDSCAPED OPEN SPACE (minimum) PARKING SPACES (minimum) Residential (see 8.4.9) PARKING SPACES (minimum) Non-Residential Complementary Uses (maximum) (see ) Number of BUILDINGS As specified in Table 8I 2,000 square metres 13,500 square metres (see ) 3.0 square metres per BEDROOM 20% Residential: 1 PARKING SPACE per DWELLING UNIT Visitor: 0.25 PARKING SPACES per DWELLING UNIT 4.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA Complementary uses specified in section shall not collectively exceed 50% of the BUILDING FLOOR AREA on the LOT More than one main BUILDING shall be permitted on a LOT SECTION 8 COMMERCIAL ZONES Page 8-13

14 8.4.4 The permitted height and density in the Mixed-Use Neighbourhood Commercial (C2) zone shall be defined by the numerical suffix identified on Schedule A to this BY-LAW, which corresponds with the regulations in Table 8I: TABLE 8I: HEIGHT & DENSITY MIXED-USE NEIGHBOURHOOD COMMERCIAL (C2) C2-20 C2-40 C2-81 BUILDING HEIGHT (maximum) 20 metres 40 metres 81 metres Density (maximum) 450 BEDROOMS 600 BEDROOMS 750 BEDROOMS Notwithstanding anything to the contrary, commercial units permitted in sections and shall not exceed one thousand square metres (1,000sqm) Notwithstanding anything to the contrary, for the collective lands zoned Mixed-Use Neighbourhood Commercial (C2) within four hundred twenty five metres (425m) of the STREET intersection specified in Table 8J, the maximum number of FOOD STORES and DRUG STORES shall be: TABLE 8J: MAXIMUM NUMBER OF FOOD STORES AND DRUG STORES Intersection Number of FOOD STORES (maximum) Number of DRUG STORES (maximum) Albert Street and Hazel Street 1 1 Albert Street and Phillip Street 1 1 Erb Street West and Ira Needles Boulevard (northwest quadrant) 1 1 Erb Street West and Ira Needles Boulevard (southwest quadrant) 1 1 Fischer Hallman Road and Columbia Street West 1 1 Fischer Hallman Road and Erb Street West 1 1 Laurelwood Drive and Erbsville Road 1 1 Northfield Drive East and Weber Street North 1 1 Northfield Drive East and Davenport Road 1 1 Northfield Drive East and Bridge Street 1 1 Union Street East and Moore Avenue South 1 1 University Avenue East and Lincoln Road 1 1 University Avenue East and Bridge Street Notwithstanding anything to the contrary, the maximum BUILDING FLOOR AREA of a FOOD STORE shall be eight thousand square metres (8,000sqm). SECTION 8 COMMERCIAL ZONES Page 8-14

15 8.4.8 Notwithstanding anything to the contrary, the maximum BUILDING FLOOR AREA of a DRUG STORE shall be two thousand five hundred square metres (2,500sqm) Notwithstanding anything to the contrary, residential PARKING SPACES shall be located within a STRUCTURED PARKING Notwithstanding anything to the contrary, the Complementary Use maximum regulation specified in Table 8H shall not apply to: ASSISTED LIVING FACILITY above the FIRST STOREY DWELLING UNITS above the FIRST STOREY LONG TERM CARE FACILITY above the FIRST STOREY Notwithstanding anything to the contrary, the BUILDING FLOOR AREA regulations in Table 8H shall exclude BUILDING FLOOR AREA for: ASSISTED LIVING FACILITY DWELLING UNIT LONG TERM CARE FACILITY MAJOR OFFICE MEDICAL CLINIC OFFICE Notwithstanding anything to the contrary, for the lands zoned Mixed-Use Neighbourhood Commercial (C2) within four hundred twenty five metres (425m) of the Union Street East and Moore Avenue South intersection, the maximum BUILDING FLOOR AREA shall be ten thousand square metres (10,000 sqm) Notwithstanding anything to the contrary, DRIVE-THRUS are permitted OUTDOOR STORAGE shall be prohibited in the FRONT YARD and FLANKAGE YARD. SECTION 8 COMMERCIAL ZONES Page 8-15

16 Zone 8.5 Convenience Commercial Zone (C3) CONVENIENCE COMMERCIAL ZONE (C3) [previously CC, MXC and C5 zones] Permitted Uses No person shall erect, alter, enlarge, reconstruct, or use any BUILDING or STRUCTURE in whole or in part, nor use any land in whole or in part, in the Convenience Commercial (C3) zone for any purpose other than one or more of the following permitted uses: a.) AUTOMOBILE GAS STATION b.) BAKE SHOP c.) BUSINESS INCUBATOR d.) CHILD CARE CENTRE e.) COFFEE / BEVERAGE RETAILER f.) COMMERCIAL SCHOOL g.) COMMERCIAL SERVICE h.) COMMERCIAL WELLNESS i.) FINANCIAL SERVICE j.) MEDICAL CLINIC k.) OFFICE l.) OLD GOLD SHOP m.) PAYDAY LOAN STORE n.) PERSONAL SERVICE SHOP o.) PET SERVICES (CLASS A) p.) RESTAURANT q.) RETAIL STORE (includes VARIETY STORE) r.) TAKE-OUT RESTAURANT s.) VETERINARY CLINIC The following uses shall be permitted as complementary uses: a.) ARTIST STUDIO (CLASS A) b.) ASSISTED LIVING FACILITY above the FIRST STOREY c.) CULTURAL USE d.) DWELLING UNITS above the FIRST STOREY e.) GOVERNMENT USES f.) INSTITUTION g.) LONG TERM CARE FACILITY above the FIRST STOREY h.) MAKERSPACE (CLASS A) i.) MUNICIPAL RECREATION FACILITY j.) PRIVATE SCHOOL k.) PUBLIC MARKET l.) PUBLIC SCHOOL m.) SPIRITUAL USE n.) TEMPORARY FARMERS MARKET SECTION 8 COMMERCIAL ZONES Page 8-16

17 Performance Standards The following regulations in Table 8K shall apply to every LOT, BUILDING and STRUCTURE in the Convenience Commercial (C3) zone: Table 8K: Regulations MIXED-USE NEIGHBOURHOOD COMMERCIAL ZONE (C2) STREET LINE setback (minimum) 5.0 metres SIDE YARD setback (minimum) REAR YARD setback (minimum) 3.0 metres 7.5 metres STREET LINE setback (maximum) 70% of the FRONT BUILDING FAÇADE within 8.0 metres of the STREET LINE LOW RISE RESIDENTIAL LOT LINE setback 7.5 metres or half the height of the BUILDING, (minimum) whichever is greater BUILDING HEIGHT (maximum) As specified in Table 8L Density BUILDING FLOOR AREA (maximum) AMENITY AREA (minimum) LANDSCAPED OPEN SPACE (minimum) PARKING SPACES (minimum) Residential PARKING SPACES (minimum) Non-Residential Complementary Uses (maximum) Number of BUILDINGS As specified in Table 8L 2,000 square metres 3.0 square metres per BEDROOM 20% Residential: 1 PARKING SPACE per DWELLING UNIT Visitor: 0.25 PARKING SPACES per DWELLING UNIT 4.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA Complementary uses specified in section shall not collectively exceed 50% of the BUILDING FLOOR AREA on the LOT More than one main BUILDING shall be permitted on a LOT The permitted height and density in the Convenience Commercial (C3) zone shall be defined by the numerical suffix identified on Schedule A to this BY-LAW, which corresponds with the regulations in Table 8L: TABLE 8L: REGULATIONS CONVENIENCE COMMERCIAL (C3) C3-10 C3-20 C3-40 C3-81 HEIGHT (maximum) 10 metres 20 metres 40 metres 81 metres Density (maximum) 150 bedrooms 450 bedrooms 600 bedrooms 750 bedrooms SECTION 8 COMMERCIAL ZONES Page 8-17

18 8.5.5 Notwithstanding anything to the contrary, permitted uses in sections and shall not exceed five hundred square metres (500sqm), excluding RETAIL STORES which shall not exceed three hundred square metres (300sqm) Notwithstanding anything to the contrary, a minimum LANDSCAPED BUFFER of three metres (3.0m) shall be provided ABUTTING a LOT zoned: LOW DENSITY RESIDENTIAL AREA OS1 OS2 OS Notwithstanding anything to the contrary, for LOTS that ABUT Erb Street West, Ira Needles Boulevard, and or Erbsville Road, the minimum STREET LINE setback shall be two metres (2.0m) and the maximum STREET LINE setback shall be four metres (4.0m) for a minimum fifty percent (50%) of the FRONT BUILDING FAÇADE OUTDOOR STORAGE shall be prohibited in the FRONT YARD and FLANKAGE YARD. SECTION 8 COMMERCIAL ZONES Page 8-18

19 Zone 8.6 Mixed-Use Office Zone (C4) MIXED-USE OFFICE ZONE (C4) [previously C2, LI, I and BI zones] Permitted Uses No person shall erect, alter, enlarge, reconstruct, or use any BUILDING or STRUCTURE in whole or in part, nor use any land in whole or in part, in the Mixed-Use Office (C4) zone for any purpose other than one or more of the following permitted uses: a.) ADVANCED TECH b.) BUSINESS INCUBATOR c.) COMMERCIAL SCHOOL d.) COMMERCIAL SERVICE e.) COMMERCIAL WELLNESS f.) FINANCIAL SERVICE g.) MEDICAL CLINIC h.) OFFICE i.) Office Equipment and Supplies (Sales and Service) j.) PAYDAY LOAN STORE k.) PERSONAL SERVICE SHOP l.) PET SERVICES (CLASS A) m.) VETERINARY CLINIC The following uses shall be permitted as complementary uses: a.) ARTIST STUDIO (CLASS A) b.) CHILD CARE CENTRE c.) CULTURAL USE d.) GOVERNMENT USES e.) INSTITUTION f.) MAKERSPACE (CLASS A) g.) MUNICIPAL RECREATION FACILITY h.) PARKING FACILITY i.) PRIVATE SCHOOL j.) PUBLIC MARKET k.) PUBLIC SCHOOL l.) SPIRITUAL USE m.) TEMPORARY FARMERS MARKET The following uses shall be permitted as ancillary uses, meaning said uses are subordinate and incidental to a permitted use specified in section 8.6.1: a.) ASSISTED LIVING FACILITY above the FIRST STOREY (see 8.6.6) b.) BAKE SHOP c.) COFFEE / BEVERAGE RETAILER SECTION 8 COMMERCIAL ZONES Page 8-19

20 d.) DWELLING UNITS above the FIRST STOREY (see 8.6.6) e.) LONG TERM CARE FACILITY above the FIRST STOREY (see 8.6.6) f.) RESTAURANT g.) TAKE-OUT RESTAURANT Performance Standards The following regulations in Table 8M shall apply to every LOT, BUILDING and STRUCTURE in the Mixed-Use Office (C4) zone: Table 8M: Regulations MIXED-USE OFFICE ZONE (C4) STREET LINE setback (minimum) SIDE YARD setback (minimum) REAR YARD setback (minimum) 5.0 metres 3.0 metres 7.5 metres STREET LINE setback (maximum) 50% of the FRONT BUILDING FAÇADE within 7.0 metres of the STREET LINE LOW RISE RESIDENTIAL LOT LINE setback 7.5 metres or half the height of the BUILDING, (minimum) whichever is greater BUILDING HEIGHT (maximum) As specified in Table 8L Density BUILDING FLOOR AREA (maximum) AMENITY AREA (minimum) LANDSCAPED OPEN SPACE (minimum) PARKING SPACES (minimum) Residential PARKING SPACES (minimum) Non-Residential Complementary Uses (maximum) Ancillary Uses (maximum) Ancillary Uses (location) Number of BUILDINGS As specified in Table 8L 2,000 square metres 3.0 square metres per BEDROOM 20% Residential: 1 PARKING SPACE per DWELLING UNIT Visitor: 0.25 PARKING SPACES per DWELLING UNIT 4.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA Complementary uses specified in section shall not collectively exceed 50% of the BUILDING FLOOR AREA on the LOT BAKE SHOP, COFFEE / BEVERAGE RETAILER, RESTAURANT, TAKE-OUT RESTAURANT shall not collectively exceed 10% of the BUILDING FLOOR AREA of the BUILDING in which said use is located BAKE SHOP, COFFEE / BEVERAGE RETAILER, RESTAURANT, TAKE-OUT RESTAURANT shall abut the FRONT BUILDING FACADE More than one main BUILDING shall be permitted on a LOT SECTION 8 COMMERCIAL ZONES Page 8-20

21 8.6.5 The permitted height and density in the Mixed-Use Office (C4) zone shall be defined by the numerical suffix identified on Schedule A to this BY-LAW, which corresponds with the regulations in Table 8N: TABLE 8N: REGULATIONS MIXED-USE OFFICE (C4) C4-10 C4-20 C4-40 C4-81 HEIGHT (maximum) 10 metres 20 metres 40 metres 81 metres Density (maximum) 150 bedrooms 450 bedrooms 600 bedrooms 750 bedrooms Notwithstanding anything to the contrary, ancillary residential uses shall be located above the FIRST STOREY in a BUILDING containing one or more of the uses permitted in section 8.6.1, provided further that: a.) In BUILDINGS containing less than three (3) STOREYS of non-residential uses, ancillary residential uses shall not exceed fifty percent (50%) of the BUILDING FLOOR AREA of the BUILDING in which said ancillary residential use is located. Non-residential uses means non-residential uses other than STRUCTURED PARKING. b.) In BUILDINGS containing three (3) or more STOREYS of non-residential uses, ancillary residential uses shall not be restricted in terms of BUILDING FLOOR AREA of the BUILDING in which said ancillary residential use is located. Non-residential uses means non-residential uses other than STRUCTURED PARKING. Ancillary residential uses means: ASSISTED LIVING FACILITY above the FIRST STOREY DWELLING UNITS above the FIRST STOREY LONG TERM CARE FACILITY above the FIRST STOREY OUTDOOR STORAGE shall be prohibited in the FRONT YARD and FLANKAGE YARD. SECTION 8 COMMERCIAL ZONES Page 8-21

22 Zone 8.7 Corridor Commercial Zone (C5) CORRIDOR COMMERCIAL ZONE (C5) [previously C3, LI, and I zones] Permitted Uses No person shall erect, alter, enlarge, reconstruct, or use any BUILDING or STRUCTURE in whole or in part, nor use any land in whole or in part, in the Corridor Commercial (C5) zone for any purpose other than one or more of the following permitted uses: a.) ADVANCED TECH b.) AUDITORIUM c.) AUTOMOBILE SERVICE GARAGE d.) AUTOMOBILE GAS STATION e.) BAKE SHOP f.) BANQUET HALL g.) BUSINESS INCUBATOR h.) CAR WASH i.) COFFEE / BEVERAGE RETAILER j.) COMMERCIAL RECREATION k.) COMMERCIAL SCHOOL l.) COMMERCIAL SERVICE m.) COMMUNICATION PRODUCTION n.) CUSTOM SERVICE SHOP o.) FINANCIAL SERVICE p.) Funeral Home q.) HOTEL r.) LARGE MERCHANDISE STORE s.) MEDICAL CLINIC t.) MOTOR VEHICLE RETAILER u.) OFFICE v.) Office Equipment and Supplies (Sales and Service) w.) PERSONAL BREWING ESTABLISHMENT x.) RESTAURANT y.) TAKE-OUT RESTAURANT z.) VETERINARY CLINIC aa.) WHOLESALER The following uses shall be permitted as complementary uses: a.) ARTIST STUDIO (CLASS A) b.) CULTURAL USE c.) GOVERNMENT USES d.) INSTITUTION e.) MAKERSPACE (CLASS A) f.) MUNICIPAL RECREATION FACILITY SECTION 8 COMMERCIAL ZONES Page 8-22

23 g.) PARKING FACILITY h.) PRIVATE SCHOOL i.) PUBLIC MARKET j.) PUBLIC SCHOOL k.) SPIRITUAL USE l.) TEMPORARY FARMERS MARKET Performance Standards The following regulations in Table 8O shall apply to every LOT, BUILDING and STRUCTURE in the Corridor Commercial (C5) zone: Table 8O: Regulations CORRIDOR COMMERCIAL ZONE (C5) STREET LINE setback (minimum) 5.0 metres SIDE YARD setback (minimum) REAR YARD setback (minimum) 3.0 metres (see 8.7.5) 7.5 metres STREET LINE setback (maximum) 50% of the FRONT BUILDING FAÇADE within 7.0 metres of the STREET LINE LOW RISE RESIDENTIAL LOT LINE setback 7.5 metres or half the height of the BUILDING, (minimum) whichever is greater BUILDING HEIGHT (maximum) As specified in Table 8P LANDSCAPED OPEN SPACE (minimum) PARKING SPACES (minimum) Non-Residential Complementary Uses (maximum) Number of BUILDINGS 20% 4.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA Complementary uses specified in section shall not collectively exceed 50% of the BUILDING FLOOR AREA on the LOT More than one main BUILDING shall be permitted on a LOT The permitted height and density in the Corridor Commercial (C5) zone shall be defined by the numerical suffix identified on Schedule A to this BY-LAW, which corresponds with the regulations in Table 8P: TABLE 8P: REGULATIONS MIXED-USE OFFICE (C4) C5-20 C5-27 C5-40 C5-81 HEIGHT (maximum) 20 metres 27 metres 40 metres 81 metres SECTION 8 COMMERCIAL ZONES Page 8-23

24 8.7.5 Notwithstanding anything to the contrary, a minimum SIDE YARD setback of five metres (5.0m) shall be provided ABUTTING a LOT which permits: ASSISTED LIVING FACILITY DWELLING UNIT LONG TERM CARE FACILITY Notwithstanding anything to the contrary, a minimum LANDSCAPED BUFFER of three metres (3.0m) shall be provided ABUTTING a LOT which permits: ASSISTED LIVING FACILITY DWELLING UNIT LONG TERM CARE FACILITY Notwithstanding anything to the contrary, DRIVE-THRUS are permitted OUTDOOR STORAGE shall be prohibited in the FRONT YARD and FLANKAGE YARD. SECTION 8 COMMERCIAL ZONES Page 8-24

25 WEST SIDE MIXED-USE COMMERCIAL CENTRE ZONE (C6) [previously C10 zone] Zone 8.8 West Side Mixed-Use Commercial Centre Zone (C6) Permitted Uses No person shall erect, alter, enlarge, reconstruct, or use any BUILDING or STRUCTURE in whole or in part, nor use any land in whole or in part, in the West Side Mixed-Use Commercial Centre (C6) zone for any purpose other than one or more of the following permitted uses: a.) ADVANCED TECH b.) AUDITORIUM c.) BAKE SHOP d.) BUSINESS INCUBATOR e.) COFFEE / BEVERAGE RETAILER f.) COMMERCIAL RECREATION g.) COMMERCIAL SCHOOL h.) COMMERCIAL SERVICE i.) COMMERCIAL WELLNESS j.) COMMUNICATION PRODUCTION k.) DATA CENTRE l.) FINANCIAL SERVICE m.) Garden Centre (ancillary to a Home Improvement Store) n.) MAJOR OFFICE o.) MEDICAL CLINIC p.) OFFICE q.) OLD GOLD SHOP r.) PERSONAL SERVICE SHOP s.) PET SERVICES (CLASS A) t.) RESTAURANT u.) RETAIL STORE (excluding Department Stores, Automotive Supply Stores, FOOD STORES) v.) TAKE-OUT RESTAURANT w.) VETERINARY CLINIC x.) VIDEO/PINBALL GAME ENTERTAINMENT CENTRE The following uses shall be permitted as complementary uses: a.) ARTIST STUDIO (CLASS A) b.) CULTURAL USE c.) GOVERNMENT USES d.) INSTITUTION e.) MAKERSPACE (CLASS A) f.) MUNICIPAL RECREATION FACILITY g.) PARKING FACILITY SECTION 8 COMMERCIAL ZONES Page 8-25

26 Performance Standards The following regulations in Table 8Q shall apply to every LOT, BUILDING and STRUCTURE in the West Side Mixed-Use Commercial Centre (C6) zone: TABLE 8Q: REGULATIONS WEST SIDE MIXED-USE COMMERCIAL CENTRE ZONE (C6) STREET LINE setback (minimum) 6.0 metres SIDE YARD setback (minimum) REAR YARD setback (minimum) BUILDING HEIGHT (maximum) LANDSCAPED OPEN SPACE (minimum) PARKING SPACES unless otherwise specified herein (minimum) (see to 8.8.7) Complementary Uses (maximum) Number of BUILDINGS 3.0 metres 3.0 metres 40 metres 20% 4.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA Complementary uses specified in section shall not collectively exceed 50% of the BUILDING FLOOR AREA on the LOT More than one main BUILDING shall be permitted on a LOT Notwithstanding anything to the contrary, a minimum of 4.5 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA shall be provided for: AUDITORIUM COMMERCIAL RECREATION Notwithstanding anything to the contrary, a minimum of 3.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA shall be provided for: ADVANCED TECH BUSINESS INCUBATOR DATA CENTRE GOVERNMENT USES INSTITUTION MAJOR OFFICE MEDICAL CLINIC OFFICE Notwithstanding section 8.8.5, for mixed-use BUILDINGS where the FIRST STOREY does not contain: ADVANCED TECH BUSINESS INCUBATOR DATA CENTRE GOVERNMENT USES INSTITUTION MAJOR OFFICE SECTION 8 COMMERCIAL ZONES Page 8-26

27 MEDICAL CLINIC OFFICE in STOREYS above the FIRST STOREY, a minimum of 2.5 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA shall be provided for: MAJOR OFFICE OFFICE Notwithstanding anything to the contrary, a minimum of 1.0 PARKING SPACES for every four (4) seats calculated at the designed maximum capacity shall be provided for: COFFEE / BEVERAGE RETAILER RESTAURANT TAKE-OUT RESTAURANT Notwithstanding anything to the contrary, PARKING SPACES and driveway aisle are prohibited in a FRONT YARD and FLANKAGE YARD OUTDOOR STORAGE shall be prohibited in the FRONT YARD and FLANKAGE YARD. SECTION 8 COMMERCIAL ZONES Page 8-27

28 CONESTOGA COMMERCIAL CENTRE ZONE (C7) Zone 8.9 Conestoga Commercial Centre Zone (C7) [previously C5 zone] Permitted Uses No person shall erect, alter, enlarge, reconstruct, or use any BUILDING or STRUCTURE in whole or in part, nor use any land in whole or in part, in the Conestoga Commercial Centre (C7) zone for any purpose other than one or more of the following permitted uses: a.) ADVANCED TECH b.) AUDITORIUM c.) BAKE SHOP d.) BUSINESS INCUBATOR e.) COFFEE / BEVERAGE RETAILER f.) COMMERCIAL SERVICE g.) COMMERCIAL WELLNESS h.) COMMUNICATION PRODUCTION i.) DATA CENTRE j.) FINANCIAL SERVICE k.) Garden Centre l.) MAJOR OFFICE m.) MEDICAL CLINIC n.) OFFICE o.) OLD GOLD SHOP p.) PAYDAY LOAN STORE q.) PERSONAL SERVICE SHOP r.) PET SERVICES (CLASS A) s.) RESTAURANT t.) RETAIL STORE u.) TAKE-OUT RESTAURANT v.) VETERINARY CLINIC w.) VIDEO/PINBALL GAME ENTERTAINMENT CENTRE The following uses shall be permitted as complementary uses: a.) ARTIST STUDIO (CLASS A) b.) AUTOMOTIVE SERVICE CENTRE c.) AUTOMOTIVE GAS STATION d.) CHILD CARE CENTRE e.) COMMERCIAL SCHOOL f.) COMMERCIAL RECREATION g.) CULTURAL USE h.) GOVERNMENT USES i.) HOTEL j.) INSTITUTION SECTION 8 COMMERCIAL ZONES Page 8-28

29 k.) MAKERSPACE (CLASS A) l.) MUNICIPAL RECREATION FACILITY m.) PARKING FACILITY n.) PUBLIC MARKET o.) SPIRITUAL USE p.) STRUCTURED PARKING q.) TEMPORARY FARMERS MARKET Performance Standards The following regulations in Table 8R shall apply to every LOT, BUILDING and STRUCTURE in the Conestoga Commercial Centre (C7) zone: TABLE 8R: REGULATIONS CONESTOGA COMMERCIAL CENTRE ZONE (C7) STREET LINE setback (minimum) 5.0 metres SIDE YARD setback (minimum) REAR YARD setback (minimum) LOW RISE RESIDENTIAL LOT LINE setback (minimum) BUILDING FLOOR AREA (maximum) BUILDING HEIGHT (maximum) LANDSCAPED OPEN SPACE (minimum) PARKING SPACES (minimum) (see 8.9.6) Complementary Uses (maximum) Number of BUILDINGS 5.0 metres 7.5 metres 7.5 metres or half the height of the BUILDING, whichever is greater 62,000 square metres 81 metres 20% 4.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA Complementary uses specified in section shall not collectively exceed 30% of the BUILDING FLOOR AREA on the LOT More than one main BUILDING shall be permitted on a LOT Notwithstanding anything to the contrary, a minimum of 5.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA shall be provided for: AUDITORIUM Notwithstanding anything to the contrary, the maximum BUILDING FLOOR AREA regulation in Table 8P shall exclude BUILDING FLOOR AREA for: AUDITORIUM AUTOMOTIVE SERVICE CENTRE AUTOMOTIVE GAS STATION COMMERCIAL RECREATION CULTURAL USES Garden Centre SECTION 8 COMMERCIAL ZONES Page 8-29

30 HOTEL MAJOR OFFICE MEDICAL CLINIC OFFICE Notwithstanding anything to the contrary, a minimum of 3.0 PARKING SPACES per 100 square metres of BUILDING FLOOR AREA shall be provided for: ADVANCED TECH BUSINESS INCUBATOR DATA CENTRE GOVERNMENT USES INSTITUTION MAJOR OFFICE MEDICAL CLINIC OFFICE OUTDOOR STORAGE shall be prohibited in the FRONT YARD and FLANKAGE YARD. SECTION 8 COMMERCIAL ZONES Page 8-30

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