APPENDIX A
strike out indicates deletions
bold text indicates additions
C-2 District Schedule
1 Intent
The intent of this Schedule is to provide for a wide range of commercial uses serving both local and city-wide needs, as well as residential uses, along arterial streets. This Schedule emphasizes building design that furthers compatibility among uses, ensures livability, limits impact on adjacent residential sites, and contributes to pedestrian interest and amenity goods and services, to maintain commercial activities and personal services that require central locations to serve large neighbourhoods, and to provide for dwelling uses designed compatibly with commercial uses.
2 Outright Approval Uses
2.1 Subject to all other provisions of this By-law and to compliance with section 2.3 and the regulations of this Schedule, the uses listed in section 2.2 shall be permitted in this District and shall be issued a permit.
2.2 Uses
2.2.A · Accessory Buildings customarily ancillary to any of the uses listed in this Schedule, provided that:
(a) no accessory building exceeds 3.7 m in height measured to the highest point of the roof if a flat roof, to the deck line of a mansard roof, or to the mean height level between the eaves and the ridge of a gable, hip or gambrel roof, provided that no portion of an accessory building may exceed 4.6 m in height;
(b) all accessory buildings are located in the rear yard and in no case are less than 3.1 m from the ultimate centre line of any rear or flanking lane;
(c) the total floor area, measured to the extreme outer limits of the building, of all accessory buildings is not greater than 15 percent of the total area of the site;
(d) not applicable; [Maximum width]
(e) not applicable; [Proximity to residential dwelling]
(f) no accessory building obstructs the horizontal daylight access prescribed in this Schedule for residential use.
· Accessory Uses customarily ancillary to any of the uses listed in this section, provided that unless permitted as an outright approval use pursuant to section 2 of this Schedule, the total floor area of all accessory uses is not greater than 25 percent of the gross floor area of the principal use.
2.2.C [Cultural and Recreational]
· Bowling Alley.
· Fitness Centre.
· Library.
· Museum or Archives.
· Rink.
· Swimming Pool.
2.2.O [Office]
· Financial Institution.
· General Office.
· Health Care Office.
2.2.R [Retail]
· Grocery or Drug Store.
· Retail Store.
2.2.S [Service]
· Auction Hall.
· Barber Shop or Beauty Salon.
· Catering Establishment.
· Laundromat or Dry Cleaning Establishment.
· Photofinishing or Photography Studio.
· Print Shop.
· Repair Shop - Class B.
· Restaurant - Class 1.
· School - Business.
2.3 Conditions of Use
2.3.1 All commercial uses listed in this section shall be carried on wholly within a completely enclosed building except for the following:
(a) parking and loading facilities;
(b) restaurant;
(c) display of flowers, plants, fruits and vegetables.
3 Conditional Approval Uses
3.1 Subject to all other provisions of this By-law, including section 3.3.3, and the provisions and regulations of this Schedule, the Development Permit Board may approve any of the uses listed in section 3.2, subject to the conditions of section 3.3, and including such conditions as it may decide, provided that it first considers:
(a) the intent of this Schedule and all applicable policies and guidelines adopted by Council; and
(b) the submission of any advisory group, property owner or tenant.
3.2 Uses
3.2.A · Accessory Uses to any of the uses listed in this Schedule, subject to the same provisions as section 2.2.A of this Schedule.
3.2.C [Cultural and Recreational]
· Arcade.
· Artist Studio, subject to the provisions of section 11.18 of this By-law.
· Billiard Hall.
· Club.
· Community Centre or Neighbourhood House.
· Hall.
· Park or Playground.
· Theatre.
· Zoo or Botanical Garden.
3.2.D · Deposition or extraction of material so as to alter the configuration of the land.
3.2.DW [Dwelling]
· Dwelling units in conjunction with any of the uses listed in this schedule except that no portion of the first storey of a building to a depth of 10.7 m from the front wall of the building and extending across its full width shall be used for residential purposes except for entrances to the residential portion and provided that before making a decision the Development Permit Board shall consider the design and livability of the dwelling units.
· Multiple Dwelling, provided that the Development Permit Board is of the opinion that the site is suitable for residential use.
· Multiple Conversion Dwelling, resulting from the conversion of a building which was in existence prior to June 18, 1956, provided that:
(a) before making a decision the Development Permit Board shall consider the quality and livability of the resulting units, the suitability of the building for conversion in terms of age and size, and the effect of the conversion on adjacent properties and the character of the area; and
(b) building additions shall not be permitted.
· Residential Unit associated with and forming an integral part of an artist studio, subject to the provisions of section 11.19 of this By-law.
3.2.I [Institutional]
· Ambulance Station.
· Child Day Care Facility.
· Church.
· Detoxification Centre.
· Hospital.
· Public Authority Use.
· School - Elementary or Secondary.
· School - University or College.
· Social Service Centre.
· Special Needs Residential Facility - Community Care - Class B, subject to the provisions of section 11.17 of this By-law.
· Special Needs Residential Facility - Congregate Housing, subject to the provisions of section 11.17 of this By-law.
· Special Needs Residential Facility - Group Living, subject to the provisions of section 11.17 of this By-law.
3.2.M [Manufacturing]
· Jewellery Manufacturing.
· Printing and Publishing.
3.2.O [Office]
· Health Enhancement Centre.
3.2.P [Parking]
· Parking Uses.
3.2.R [Retail]
· Adult Retail Store.
· Furniture or Appliance Store.
· Gasoline Station - Full Serve, subject to the provisions of section 11.10 of this By-law.
· Gasoline Station - Split Island, subject to the provisions of section 11.10 of this By-law.
· Liquor Store.
· Pawnshop.
· Secondhand Store.
· Vehicle Dealer.
3.2.S [Service]
· Animal Clinic.
· Bed and Breakfast Accommodation, subject to the provisions of section 11.4 of this By-law.
· Cabaret.
· Drive-through Service.
· Funeral Home.
· Hotel.
· Motor Vehicle Repair Shop.
· Motor Vehicle Wash.
· Neighbourhood Public House.
· Photofinishing or Photography Laboratory.
· Repair Shop - Class A.
· Restaurant - Class 2.
· Restaurant - Drive-in.
· School - Arts or Self-Improvement.
· School - Vocational or Trade.
· Sign Painting Shop.
· Wedding Chapel, subject to section 11.20 of this By-law.
3.2.T [Transportation and Storage]
· Taxicab or Limousine Station.
3.2.U [Utility and Communication]
· Public Utility.
· Radiocommunication Station.
· Recycling Depot.
3.2.W [Wholesale]
· Lumber and Building Materials Establishment.
· Wholesaling - Class A.
· Wholesaling - Class B.
3.2.Z · Any other use which is not specifically listed and defined as a use in section 2 of this By-law but which the Development Permit Board considers comparable in nature to the uses listed in this Schedule, having regard to the intent of this District Schedule.
3.3 Conditions of Use
3.3.1 All commercial uses listed in this section shall be carried on wholly within a completely enclosed building except for the following:
(a) parking and loading facilities;
(b) full serve and split island gasoline station, except that section 11.10.2 of this By-law continues to apply;
(c) vehicle dealer;
(d) drive-in restaurant;
(e) drive-through service;
(f) lumber store;
(g) taxicab or limousine station;
(h) neighbourhood public house.
4 Regulations
All uses approved under sections 2 and 3 of this District Schedule shall be subject to the following regulations.
4.1 Site Area -- Not Applicable.
4.2 Frontage -- Not Applicable.
4.3 Height
4.3.1 The maximum height of a building shall be 12.2 m. as follows, and as illustrated in Figure 1:
(a) for 6.1 m (20 ft.) measured from the ultimate rear property line, the height of a building, measured from base surface, shall not exceed 4.6 m (15 ft.);
(b) for the next 4.6 m (15 ft.), the height of a building, measured from base surface, shall not exceed 10.7 m (35 ft.); and
(c) for the balance of the site, the height of a building, measured from a plane formed by lines extending horizontally back from the officially established building grades at front property line, shall not exceed 13.8 m (45 ft.).
Alternate clause for Council consideration
(c) for the balance of the site, the height of a building, measured from a plane formed by lines extending horizontally back from the officially established building grades at front property line, shall not exceed 12.2 m (40 ft.).
4.3.2 Despite section 4.3.1, the Director of Planning or the Development Permit Board, as the case may be, may permit an increase in the maximum height of a building with respect to any development, provided he the Director of Planning or Development Permit Board first considers:
(a) the height, bulk and location of the building and its effects on the site, surrounding buildings and streets, and existing views;
(b) the amount of open space, including plazas, and the effects of overall design on the general amenity of the area;
(c) the intent of this Schedule, all applicable policies and guidelines adopted by Council and the relationship of the development with nearby residential areas; and
(d) the submission of any advisory group, property owner or tenant.
Figure 1 - Height
4.4 Front Yard and Setback
4.4.1 For any use listed in Section 2.2, a front yard shall not be permitted and a front setback shall only be permitted where a pedestrian or shopping courtyard or other features benefiting pedestrian character are provided, or where otherwise required by this By-law.
The front yard and front setback shall be as follows, and as illustrated in Figure 2:
(a) for portions of a building not containing dwelling uses or special needs residential facilities, other than just entrances, within 2.0 m. (6.6 ft) above the officially established building grades at the front property line:
(i) subject to clause (ii), the depth of the yard shall be 0.6 m (2 ft.), and
(ii) above a height of 10.7 m (35 ft.), measured from a plane formed by lines extending horizontally back from the front property line at grade, the minimum depth of the front setback shall be 2.4 m (8 ft.) except that open roof gardens may intrude into the setback;
(b) for portions of a building containing dwelling uses or special needs residential facilities, other than just entrances, within 2.0 m (6.6 ft.) above street grade, the minimum depth of the front yard shall be .6 m (2 ft.) and the minimum average depth shall be 3.7 m (12 ft.);
4.4.2 (c) Where the despite subsection (a), if the side of the site adjoins, without the intervention of a lane, the front yard of a site located in an R District, a front setback with a minimum depth of the minimum depth of the front yard shall be 3.7 m (12 ft. ) shall be provided for a minimum distance of 3.7 m (12 ft) measured from the adjoining site; and
(d) despite subsection (a), the minimum front setback of any parking area shall be 1.2 m (4 ft.).
4.4.2 Despite section 4.4.1, the Director of Planning may permit a reduced or increased front yard or front setback for portions of the building, provided the Director of Planning first considers the intent of this Schedule and all applicable policies and guidelines adopted by Council.
Figure 2 - Front Yard and Setback
4.5 Side Yards and Setback
4.5.1 The side yards and side setback shall be as follows, and as illustrated in Figure 3:
(a) except as otherwise required by this section 4.5.1, no side yard is necessary but if there is a side yard the minimum width shall be .9 m (3 ft.);
(b) if the No side yard shall be required except where the side of the site adjoins, without the intervention of a lane, the side yard of a site located in an R district, in which case a side yard with a minimum width of 10 percent of the width of the site shall be provided, except that it must be a minimum of .9 m and need not be more than 1.5 m in width. the minimum width of a side yard:
(i) for portions of a building below the fourth storey, shall be 3.7 m (12 ft.), and
(ii) for portions of a building at or above the fourth storey, shall be 16.8 m (35 ft.);
except that the Director of Planning may permit a reduced side yard or side setback provided the Director of Planning first considers the intent of this Schedule and all applicable policies and guidelines adopted by Council; and
4.5.2 Where a side yard is provided, although not required, the minimum provisions of section 4.5.1 shall apply.
4.5.3 In the case of
(c) on a corner site, a setback of 1.2 m from the side property line abutting the flanking street shall be required for any parking area. the exterior side yard and side setback requirements shall be the same as the front yard and front setback requirements in section 4.4.1 and 4.4.2.
Figure 3 - Side Yard and Setback adjacent to R-Zoned Site
4.6 Rear Yard and Setback
4.6.1 A rear yard with a minimum depth of 3.1 m shall be provided, except that where the rear of the site abuts a lane, this required minimum depth shall be decreased by the lane width between the rear property line and the ultimate centre line of the lane.
4.6.2 Any portion of a building containing residential uses, and any portion of a building above the first storey except for open roof gardens at the second storey floor level, shall be set back a minimum of 7.6 m from the rear property line across the full width of the building,except that where the rear of the site abuts a lane, this required minimum setback shall be decreased by the lane width between the rear property line and the ultimate centre line of the lane.
4.6.1 The rear yard and rear setback, measured from the ultimate rear property line, shall be as follows, and as illustrated in Figures 4 and 5:
(a) for portions of a building not containing dwelling uses, the minimum depth of the rear yard shall be 0.6 m (2 ft.);
(b) for portions of a building containing dwelling uses, the minimum depth of the rear setback shall be 6.1 m (20 ft.), except that open roof gardens may intrude into the setback; and
(c) despite subsections (a) and (b), if the rear of the site adjoins, without the intervention of a lane, the side yard of a site located in an R District:
(i) for portions of a building not containing dwelling uses, the minimum depth of the rear yard shall be 3.1 m (10 ft.), and
(ii) for portions of a building containing dwelling uses, the minimum depth of the rear setback behind those portions of the building shall be 6.1 m (20 ft.), except that open roof gardens may intrude into the setback.
4.6.2 Despite section 4.6.1, the Director of Planning may permit a reduced rear yard or rear setback provided the Director of Planning first considers the intent of this Schedule and all applicable policies and guidelines adopted by Council.
Figure 4 - Rear Yard and Setback
4.7 Floor Space Ratio
4.7.1 The floor space ratio shall not exceed 3.00 0.75, except that the floor space ratio for dwelling uses shall not exceed 2.50 the Director of Planning may permit an increase in floor space ratio as follows:
(a) for all uses combined, up to 2.5;
(b) for dwelling uses in conjunction with other uses, up to 1.75 in storeys located above the front street level storey, and up to 0.4 in the front street level storey or below;
(c) for multiple dwelling, up to 2.15; and
(d) and, for this the purpose of subsection (b) and (c) an artist studio shall be deemed to be a dwelling use.
provided the Director of Planning first considers the intent of this Schedule , all applicable policies and guidelines adopted by Council, and the submission of any advisory group or property owner or tenant.
4.7.2 The following shall be included in the computation of floor space ratio:
(a) all floors of all buildings including accessory buildings, both above and below ground level, to be measured to the extreme outer limits of the building.
4.7.3 The following shall be excluded in the computation of floor space ratio:
(a) open residential balconies or sundecks and any other appurtenances which, in the opinion of the Director of Planning, are similar to the foregoing, provided that the total area of all exclusions does not exceed eight percent of the residential floor area being provided;
(b) patios and roof gardens, provided that the Director of Planning first approves the design of sunroofs and walls;
(c) where floors are used for off-street parking and loading, the taking on or discharging of passengers, bicycle storage, heating and mechanical equipment or uses which in the opinion of the Director of Planning are similar to the foregoing, those floors or portions thereof so used which:
(i) are at or below the base surface, provided that the maximum exclusion for a parking space shall not exceed 7.3 m in length; or
(ii) are above the base surface and where developed as off-street parking are located in an accessory building situated in the rear yard, provided that the maximum exclusion for a parking space shall not exceed 7.3 m in length.
(d) amenity areas, including child day care facilities, recreational facilities and meeting rooms accessory to a residential use, to a maximum total area of 10 percent of the total permitted floor area, provided that for child day care facilities the Director of Planning, on the advice of the Director of Social Planning, is satisfied that there is a need for a day care facility in the immediate neighbourhood;
(e) residential storage space provided that where the space is provided at or above base surface, the maximum exclusion shall be 3.7 m² per dwelling unit;
(f) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000.
4.7.4 The Director of Planning may permit the following to be excluded in the computation of floor space ratio:
(a) enclosed residential balconies, provided that the Director of Planning first considers all applicable policies and guidelines adopted by Council and approves the design of any balcony enclosure, subject to the following:
(i) the total area of all open and enclosed balcony or sundeck exclusions does not exceed eight percent of the residential floor area being provided; and
(ii) no more than fifty percent of the excluded balcony floor area may be enclosed.
4.8 Site Coverage -- Not Applicable.
4.9 [Deleted -- see Parking By-law.]
4.10 Horizontal Angle of Daylight
4.10.1 All habitable rooms in buildings used for residential or hotel purposes shall have at least 1 window on an exterior wall which complies with the following:
(a) the window shall be located so that a plane or planes extending from the window and formed by an angle of 50 degrees, or 2 angles with a sum of 70 degrees, shall be unobstructed over a distance of 24.0 m; and
(b) the plane or planes shall be measured horizontally from the centre of the bottom of the window.
4.10.2 For the purpose of section 4.10.1, the following shall be considered as obstructions:
(a) the theoretically equivalent buildings located on any adjoining sites in any R district in a corresponding position by rotating the plot plan of the proposed building 180 degrees about a horizontal axis located on the property lines of the proposed site;
(b) part of the same building including permitted projections;
(c) accessory buildings located on the same site as the principal building;
(d) the maximum size building permitted under the appropriate C or M district schedule if the site adjoins a C or M site.
4.10.3 For the purposes of section 4.10.1, the following shall not be considered as habitable rooms:
(a) bathrooms; and
(b) kitchens, unless the floor area is greater than 10 percent of the total floor area of the dwelling unit, or 9.3 m², whichever is the greater.
4.10.4 The Development Permit Board or the Director of Planning, as the case may be, may relax the horizontal angle of daylight requirement of section 4.10.l provided he first considers the intent of this Schedule and all the applicable policies and guidelines adopted by Council and providing that a minimum distance of 3.7 m of unobstructed view is maintained.
4.15 Acoustics
4.15.1 A development permit application for dwelling uses shall require evidence in the form of a report and recommendations prepared by persons trained in acoustics and current techniques of noise measurement, demonstrating that the noise levels in those portions of the dwelling units listed below shall not exceed the noise levels expressed in decibels set opposite such portions of the dwelling units. For the purposes of this section, the noise level is the A-weighted 24-hour equivalent (Leq) sound level and will be defined simply as the noise level in decibels.
Portion of Dwelling Unit Noise Level (decibels)
bedrooms 35
living, dining, recreation rooms 40
kitchen, bathrooms, hallways 45
5 Relaxation of Regulations
5.1 The Development Permit Board or the Director of Planning, as the case may be, may relax the maximum height, floor area and location regulations for accessory buildings and accessory uses except that the relaxed height shall not, in any event, exceed the maximum prescribed in section 4.3.1 nor the floor space exceed 33_ percent of the gross floor area of the principal use.
5.2 The Development Permit Board or the Director of Planning, as the case may be, may relax the horizontal angle of daylight requirement of section 4.10.l having regard to the livability of the resulting dwelling units and providing that a minimum distance of 3.7 m of unobstructed view is maintained.
Note: this section has been replaced by section 4.10.4.
5.3 The Development Permit Board or the Director of Planning, as the case may be, may relax the use conditions of sections 2.3.1 and 3.3.1 to permit the outdoor display of retail goods, and may include such other conditions as he deems necessary, having regard to the type of merchandise, the area and location of the display with respect to adjoining sites, the hours of operation and the intent of this Schedule.