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Chapter 30 Commercial
30.20 Commercial Local Zone (CL)
| (1) | Application of This Section |
| The regulations in Section 30.20 apply to all lands, uses, buildings and structures in the CL zone.
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| (2) | Medical Office |
| In the CL Zone, a medical office includes a medical clinic.
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| (1) | Use - CL Zone |
| In the CL zone, the following uses are permitted:
Ambulance Depot
Community Centre
Education Use
Financial Institution
Fire Hall
Library
Massage Therapy
Medical Office
Municipal Shelter
Office
Park
Personal Service Shop
Pet Services
Police Station
Retail Service
Service Shop
Veterinary Hospital
Wellness Centre [ By-law: 545-2019 ]
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| (1) | Use with Conditions - CL Zone |
| In the CL zone, the following uses are permitted if they comply with the specific conditions associated with the reference number(s) for each use in Clause 30.20.20.100:
Automated Banking Machine (14)
Cogeneration Energy (17)
Day Nursery (7)
Eating Establishment (2, 10)
Outdoor Sales or Display (6)
Place of Worship (8)
Public Utility (15,18)
Recreation Use (1)
Renewable Energy (17)
Retail Store (5)
Secondary Suite (19)
Take-out Eating Establishment (2)
Transportation Use (16)
Vehicle Fuel Station (3,12)
Vehicle Service Shop (3,13) [ By-law: 545-2019 ]
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| (1) | Recreation Use |
| In the CL zone, all recreation uses must be within a wholly enclosed building.
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| (2) | Eating Establishment or Take-out Eating Establishment |
| In the CL zone:
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| (A) | the permitted maximum interior floor area on a lot for all eating establishments and take-out eating establishments is 400 square metres; and
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| (B) | the calculation of total interior floor area may be reduced by the area in the building used for:
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| (i) | the same building areas as provided for in the calculation of gross floor area for a non-residential building in regulation 30.5.40.40(1); and
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| (ii) | the areas used for associated offices, storage rooms, and staff rooms located in the basement or on a different storey than the eating establishment or take-out eating establishment.
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| (3) | Vehicle Fuel Station or Vehicle Service Shop Location |
| In the CL zone, a vehicle fuel station and vehicle service shop must be on a lot that abuts a major street on the Policy Areas Overlay Map.
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| (4) | (THIS DOES NOT CURRENTLY CONTAIN A REGULATION) |
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| (5) | Retail Store- Eating Space |
| In the CL zone, a retail store may have a maximum of 10.0 square metres used for the consumption of food or beverage by patrons.
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| (6) | Outdoor Sales or Displays |
| In the CL zone, the outdoor sale or display of goods or commodities is subject to the following:
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| (A) | it must be combined with another permitted use;
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| (B) | goods or commodities may be displayed no closer to a side lot line or a rear lot line than the greater of:
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| (i) | 3.0 metres; or
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| (ii) | the required minimum building setback for the yard in which the goods or commodities are located;
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| (C) | the cumulative area for the outdoor sale or display of goods or commodities may be no more than 30.0 square metres; and
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| (D) | the area for the outdoor sale or display of goods or commodities may not be located in areas required by this By-law for parking, loading, driveways or landscaping.
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| (7) | Day Nursery |
| In the CL zone, a day nursery must comply with the specific use regulations in Section 150.45.
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| (8) | Place of Worship |
| In the CL zone, a place of worship must comply with the specific use regulations in Section 150.50.
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| (10) | Eating Establishment |
| In the CL zone, an eating establishment must comply with the specific use regulations in Section 150.100.
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| (11) | (THIS DOES NOT CURRENTLY CONTAIN A REGULATION) |
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| (12) | Vehicle Fuel Station |
| In the CL zone, a vehicle fuel station must comply with the specific use regulations in Section 150.92.
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| (13) | Vehicle Service Shop |
| In the CL zone, a vehicle service shop must comply with the specific use regulations in Section 150.94.
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| (14) | Automated Banking Machine |
| In the CL zone, an automated banking machine must be in a building.
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| (15) | Public Utility |
| In the CL zone, a public utility may not be:
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| (A) | a sewage treatment plant;
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| (B) | a water filtration plant; or
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| (C) | an above-ground water reservoir.
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| (16) | Transportation Use |
| A building or structure on a lot in the CL zone and used as a transportation use must comply with all the requirements for a building on that lot.
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| (17) | Renewable Energy Production or Cogeneration Energy Production |
| In the CL zone, renewable energy production or cogeneration energy production must be in combination with another permitted use on the lot, and comply with all Municipal, Provincial and Federal by-laws, statutes and regulations.
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| (18) | Public Utility |
| In the CL zone, a public utility, must be enclosed by walls and comply with the permitted maximum lot coverage, required minimum building setbacks and permitted maximum height for a building in the CL zone if it is:
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| (A) | a hydro electrical transformer station; or [ By-law: OMB PL130592 February 7, 2017 ]
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| (B) | a natural gas regulator station.
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| (19) | Secondary Suite |
| In the CL zone, a secondary suite must comply with the specific use regulations in Section 150.10.
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| (1) | Commercial Development Parcel- Compliance in its Entirety |
| In the CL zone, if two or more lots are developed together, the regulations of this By-law apply respectively to the parts of the lot within the CL zone.
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| (1) | Minimum Lot Frontage for Lots in a CL zone |
| In the CL zone, the required minimum lot frontage is 9.0 metres.
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| (1) | Permitted Lot Frontage for Lawfully Existing Lots |
| In the CL zone, if the lawful lot frontage of a lawfully existing lot is less than the required minimum lot frontage in this By-law, that lawful lot frontage is the minimum lot frontage for that lawfully existing lot.
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| (2) | Additions to Lawfully Existing Buildings |
| Any addition or extension to a lawfully existing building or structure on a lot referred to in regulation 30.20.30.21(1) must comply with all other regulations or be authorized by a Section 45 Planning Act minor variance.
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| (1) | Maximum Lot Coverage |
| If a lot in the CL zone is in an area with a numerical value on the Lot Coverage Overlay Map, that numerical value is the permitted maximum lot coverage, as a percentage of the lot area.
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| (1) | Permitted Lot Coverage for Lawfully Existing Buildings |
| In the CL zone, if the area of a lot lawfully covered by lawfully existing buildings or structures is greater than the permitted maximum lot coverage, the lawful percentage of the lot covered by those lawfully existing buildings or structures is the maximum lot coverage for those lawfully existing buildings or structures on that lot.
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| (2) | Additions to Lawfully Existing Buildings |
| Any addition or extension to lawfully existing buildings or structures referred to in regulation 30.20.30.41(1) must comply with all other regulations in this By-law or be authorized by a Section 45 Planning Act minor variance.
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| (1) | Use in Wholly Enclosed Building Condition |
| In the CL zone, all uses must be located within a wholly enclosed building, except for outdoor sales and display, park, parking spaces, and loading spaces.
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| (1) | Maximum Height |
| In the CL zone, the permitted maximum height of a building or structure on a lot is:
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| (A) | the numerical value, in metres, following the letters "HT" on the Height Overlay Map; or
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| (B) | 10.0 metres, where there is no numerical value following the letters "HT" on the Height Overlay Map.
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| (2) | Maximum Number of Storeys |
| The permitted maximum number of storeys in a building on a lot in the CL zone is:
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| (A) | the numerical value following the letters "ST" on the Height Overlay Map; and
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| (B) | if the lot is in an area with no numerical value following the letters "ST" on the Height Overlay Map, the number of storeys is not limited by this regulation. [ By-law: 1353-2015 ]
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| (1) | Permitted Height for Lawfully Existing Buildings |
| In the CL zone, if the lawful height of a lawfully existing building or structure is greater than the permitted maximum height, that lawful height is the maximum height for that lawfully existing building or structure.
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| (2) | Additions to Lawfully Existing Buildings - Height |
| Any addition or extension to a lawfully existing building or structure referred to in regulation 30.20.40.11(1) must comply with the permitted maximum height or be authorized by a Section 45 Planning Act minor variance.
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| (1) | Floor Space Index |
| In the CL zone, the number following the zone symbol on the zone label on the Zoning By-law Map is the total permitted maximum floor space index on the lot.
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| (1) | Permitted Encroachments - Decks, Porches, and Balconies |
| In the CL zone, a platform with no main walls, such as a deck, porch, balcony or similar structure, attached to or less than 0.3 metres from a building, is subject to the following:
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| (A) | in a rear yard, a platform with a floor no higher than the first storey of the building may encroach into the required rear yard setback the lesser of 2.5 metres or 50% of the required rear yard setback, if it is no closer to a side lot line than the greater of:
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| (i) | 0.3 metres; or
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| (ii) | a distance equal to the vertical distance between the highest part of the floor of the platform and the average elevation of the ground at the applicable side of the platform;
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| (B) | in a rear yard, a platform with a floor that is higher than the first storey of the building may encroach into the required minimum rear yard setback the lesser of 2.5 metres or 50% of the required minimum rear yard setback, if it is no closer to a side lot line than a distance equal to:
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| (i) | the required minimum side yard setback; plus
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| (ii) | the vertical distance between the first floor of the building and the average elevation of the ground along the building's rear main wall; and
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| (C) | in a side yard, a platform with a floor no higher than the first storey of the building may encroach into the required minimum side yard setback a maximum of 1.5 metres, if it is at least 0.3 metres from the side lot line; and
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| (D) | in a side yard, a platform with a floor that is higher than the first storey of the building may encroach into the required minimum side yard setback a maximum of 1.5 metres if the side yard abuts a street, but may not encroach into a required minimum side yard setback if the side yard does not abut a street.
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| (2) | Permitted Encroachments - Canopies and Awnings |
| In the CL zone, a canopy, awning or similar structure, with or without structural support, or a roof over a platform which complies with the requirements of regulation 30.20.40.60(1), is subject to the following:
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| (A) | if it is above a platform which complies with the requirements of regulation 30.20.40.60(1), the roof, canopy, awning or similar structure may encroach into the required minimum building setback to the same extent as the platform it is above; and
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| (B) | if it is not above a platform, the canopy, awning or similar structure may encroach into a required minimum building setback:
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| (i) | in a front yard or a rear yard, the lesser of 2.5 metres or 50% of the required minimum front yard setback, if it is no closer to a side lot line than the required side yard setback;
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| (ii) | in a side yard that does not abut a street, a maximum of 1.5 metres, if it is at least 0.3 metres from the side lot lines; and
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| (iii) | in a front yard or side yard that abuts a street, subject to compliance with regulation 30.5.40.60(1).
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| (3) | Permitted Encroachments - Exterior Stairs, Access Ramp and Elevating Device |
| In the CL zone:
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| (A) | exterior stairs providing access to a building or structure may encroach into a required minimum building setback, if the stairs:
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| (i) | are no longer than 1.5 horizontal units for each 1.0 vertical unit above-ground at the point where the stairs meet the building or structure;
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| (ii) | are no wider than 2.0 metres; and
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| (iii) | are at least 0.3 metres from all lot lines; and
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| (B) | an uncovered ramp providing pedestrian access to a building or structure may encroach into a required minimum building setback, if the ramp:
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| (i) | is no longer than 15 horizontal units for each 1.0 vertical unit above the ground at the point where the ramp meets the building or structure;
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| (ii) | is no wider than 1.5 metres for each sloped ramp segment; and
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| (iii) | is no closer to a lot line than 0.3 metres; and
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| (C) | an elevating device providing access to a building or structure may encroach into a required minimum building setback, if that the elevating device:
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| (i) | elevates no higher than the first floor of the building;
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| (ii) | has a maximum area of 3.0 square metres; and
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| (iii) | is no closer to a lot line than 0.3 metres.
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| (4) | Permitted Encroachments - Exterior Main Wall Surface |
| In the CL zone, cladding added to the original exterior surface of the main wall of a building, may encroach into a required minimum building setback a maximum of 0.15 metres, if the building is at least 5 years old.
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| (5) | Permitted Encroachments - Architectural Features |
| In the CL zone, the following applies:
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| (A) | a pilaster, decorative column, cornice, sill, belt course or other similar architectural feature on a building may encroach into a required minimum building setback a maximum of 0.6 metres, if it is at least 0.3 metres from all lot lines;
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| (B) | a chimney breast, on a building, may encroach into a required minimum building setback a maximum of 0.6 metres, if it:
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| (i) | is no wider than 2.0 metres; and
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| (ii) | is at least 0.3 metres from all lot lines.
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| (6) | Permitted Encroachments - Window Projections |
| In the CL zone, a bay window, box window, or other window projection from a main wall of a building, which increases floor area or enclosed space and does not touch the ground, may encroach:
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| (A) | into a required minimum front yard setback or required minimum rear yard setback a maximum of 0.75 metres, if the window projections in total do not occupy more than 65% of the width of the front wall or rear main wall at each storey; and
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| (B) | into a required minimum side yard setback a maximum of 0.6 metres, if the window projections:
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| (i) | in total do not occupy more than 30% of the width of the side main wall at each storey; and
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| (ii) | are at least 0.6 metres from the side lot line.
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| (7) | Permitted Encroachments - Roof Projections |
| In the CL zone, the eaves of the roof on a building may encroach into a required minimum building setback a maximum of 0.9 metres, if they are at least 0.3 metres from all lot lines.
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| (8) | Permitted Encroachments - Equipment |
| On a building in the CL zone, the following wall mounted equipment may encroach into specified required minimum building setbacks as follows, if they are at least 0.3 metres from all lot lines:
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| (A) | an air conditioner may encroach into a required minimum rear yard setback or required minimum side yard setback a maximum of 0.9 metres, if it is not above the first storey of the building and in a side yard;
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| (B) | a satellite dish may encroach into a required minimum building setback a maximum of 0.9 metres;
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| (C) | an antennae or pole used to hold an antennae may encroach into a required minimum rear yard setback or required minimum side yard setback a maximum of 0.9 metres; and
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| (D) | a vent or pipe may encroach into a required minimum rear yard setback or required minimum side yard setback a maximum of 0.6 metres.
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| (9) | Permitted Encroachments - Required Angular Planes |
| In the CL zone, encroachments are not permitted into an angular plane required by this By-law.
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| (1) | Front Yard Setback Averaging |
| In the CL zone:
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| (A) | if a lot is beside one lot in the CL zone, and that abutting lot has a building fronting on the same street and that building is in whole or in part, 15.0 metres or less from the subject lot, the required minimum front yard setback is the front yard setback of that building on the abutting lot;
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| (B) | if a lot is between two abutting lots in the CL zone, each with a building fronting on the same street and those buildings are both in whole or in part, 15.0 metres or less from the subject lot, the required minimum front yard setback is the average of the front yard setbacks of those buildings on the abutting lots; and
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| (C) | in all other cases the required minimum front yard setback is 10.5 metres.
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| (2) | Rear Yard Setback and Side Yard Setback |
| In the CL zone:
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| (A) | a building or structure must be set back:
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| (i) | at least 7.5 metres from a rear lot line; or
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| (ii) | where the rear lot line abuts a lane, at least 7.5 metres from the lot line of the lot abutting the lane on the opposite side of the lane;
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| (B) | where the main wall of a building does not have windows or openings, the main wall must be set back a minimum of 3.0 metres from a side lot line that abuts a lot in the Residential Zone category or Residential Apartment Zone category; and
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| (C) | where the main wall of a building has windows or openings, the main wall must be set back a minimum of 5.5 metres from a side lot line that is not adjacent to a street or lane.
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| (3) | Rear Angular Plane |
| In the CL zone, if a lot abuts a lot in an O, ON or OR zone, or the Residential Zone category or Residential Apartment Zone category, or if a lot is separated from a lot in the O, ON or OR zone or the Residential Zone category or Residential Apartment Zone category by a lane, no building or structure on the lot in the CL zone may penetrate a 45 degree angular plane projected, if there is no rear lane, from the ground at the rear lot line, or, if there is a rear lane abutting the lot, from a height above the rear lot line equal to the width of the lane. [ By-law: 607-2015 ]
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| (4) | Dormers |
| In the CL zone, a dormer projecting from the surface of the roof, may not have any wall of the dormer closer to a lot line than the required minimum building setback.
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| (1) | Permitted Setbacks for Lawfully Existing Buildings |
| In the CL zone, if the lawful building setback of a lawfully existing building or structure is less than the required minimum building setbacks from:
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| (A) | front lot line, the lawful building setback is the minimum front yard setback for that lawfully existing building or structure;
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| (B) | rear lot line, the lawful building setback is the minimum rear yard setback for that lawfully existing building or structure; or
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| (C) | a side lot line, the lawful building setback is the minimum side yard setback for that lawfully existing building or structure.
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| (2) | Required Setbacks for Additions to Lawfully Existing Buildings |
| Any addition or extension to a lawfully existing building or structure referred to in regulation 30.20.40.71(1) must comply with the required minimum building setbacks or be authorized by a Section 45 Planning Act minor variance.
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| (3) | Required Rear Angular Plane for Lawfully Existing Buildings |
| In the CL zone, if a lawfully existing building or structure penetrates the rear angular plane required by regulation 30.20.40.70(3), that lawfully existing building or structure is exempt from regulation 30.20.40.70(3).
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| (4) | Required Rear Angular Plane for Additions to Lawfully Existing Buildings |
| Any addition or extension to a lawfully existing building or structure referred to in regulation 30.20.40.71(3) must comply with the rear angular plane required by regulation 30.20.40.70(3) or be authorized by a Section 45 Planning Act minor variance.
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| (1) | Separation |
| For a lot in the CL zone:
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| (A) | if a main wall of the building has windows and a line projected at a right angle from one of the main walls intercepts another main wall with windows on the same lot, the required minimum above-ground distance between the main walls is 11.0 metres; and
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| (B) | if a main wall of the building has windows facing another main wall on the same lot which does not have windows and a line projected at a right angle from one of the main walls intercepts the other main wall, the required minimum above-ground distance between them is 5.5 metres.
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| (1) | Permitted Separation Between Main Walls for Lawfully Existing Buildings |
| In the CL zone, if the lawful separation distance between the main walls of lawfully existing buildings on the same lot, or between main walls of the same lawfully existing building, is less than the required minimum separation distance between main walls required by regulation 30.20.40.80(1), that lawful separation distance is the minimum separation distance for those lawful main walls of those lawfully existing buildings.
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| (2) | Additions to Lawfully Existing Buildings |
| Any addition or extension to a lawfully existing building referred to in regulation 30.20.40.81(1) must comply with the required minimum separation distance between main walls required by regulation 30.20.40.80(1) or be authorized by a Section 45 Planning Act minor variance.
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| (1) | Soft Landscaping Requirement if Abutting a Lot in a Residential Zone or a Residential Apartment Zone |
| If a lot in the CL zone abuts a lot in the Residential Zone category or Residential Apartment Zone category, a minimum 1.5 metre wide strip of soft landscaping must be provided along the part of the lot line abutting the lot in the Residential Zone category or Residential Apartment Zone category.
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| (2) | Fence Requirement if Abutting a Lot in a Residential Zone or a Residential Apartment Zone |
| In the CL zone, if a lot abuts a lot in the Residential Zone category or the Residential Apartment Zone category a fence must be installed along the portion of a lot line abutting the lot in the Residential Zone category or Residential Apartment Zone category.
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| (1) | Parking Space and Drive Aisle Location |
| In the CL zone, a parking space and a drive aisle may not be located in any required front yard setback or side yard setback that abuts a street.
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| (2) | Parking Area Separation From Lot Line |
| In the CL zone, an area used for the parking or storage of vehicles must be separated from any lot line by a minimum 1.5 metre wide strip of soft landscaping.
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| (3) | Parking Space to be Set Back from a Lot Line |
| A parking space that is not located in a building or structure must be set back a minimum of 0.5 metres from a lot line.
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| (1) | Loading Space Location |
| A loading space may not be located in:
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| (A) | a front yard;
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| (B) | a side yard abutting a street; or
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| (C) | any side yard or rear yard that abuts a lot in the Residential Zone category or Residential Apartment Zone category.
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| (1) | Loading Space Location Exemption |
| If a lawfully existing building does not comply with the loading space location requirements of regulation 30.20.90.10(1), that lawful loading space is exempt from the requirements of regulation 30.20.90.10(1).
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| (1) | Access to Loading Space - Restrictions |
| In the CL zone:
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| (A) | if a lot abuts a lane, vehicle access to a loading space must be from the lane; and
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| (B) | if a corner lot does not abut a lane and it has at least one lot line abutting a street that is not a major street on the Policy Areas Overlay Map, vehicle access to a loading space must be from the street which is not a major street.
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| (2) | Loading Restrictions Adjacent to a Lot in a Residential Zone Category or Residential Apartment Zone Category |
| In the CL zone, where a lot abuts a lot in the Residential Zone category or Residential Apartment Zone category, vehicle access to the loading space may not be over any part of a lot in the Residential Zone category or Residential Apartment Zone category.
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| (3) | Access Through a Main Wall to a Loading Space |
| A loading space in a building may not have its vehicle access through a main wall that faces a street.
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| (1) | Access Through a Main Wall to a Loading Space Exemption |
| If a lawfully existing building has a lawful loading space vehicle access in a main wall that does not comply with the loading space location requirements of regulation 30.20.90.40(3), that lawful loading space is exempt from the requirements of regulation 30.20.90.40(3).
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| (1) | Driveway Access to a Lot - Landscaping Area Exemption |
| In the CL zone, a driveway providing direct vehicle access from a street or lane may cross a required landscaping area.
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| (2) | Parking Areas adjacent to a Lot in the Residential Zone Category or Residential Apartment Zone Category |
| In the CL zone, where a lot abuts a lot in the Residential Zone category or Residential Apartment Zone category, vehicle access to a parking space may not be over any part of a lot in the Residential Zone category or Residential Apartment Zone category.
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| (1) | Waste and Recyclable Materials Storage |
| In the CL zone:
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| (A) | all waste and recyclable material must be stored in a wholly enclosed building, if a building is constructed pursuant to a building permit issued more than three years after May 9, 2013; and
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| (B) | if the waste and recyclable material is stored in an ancillary building, the ancillary building:
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| (i) | may not be located in a side yard that abuts a street or in a front yard; and
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| (ii) | must be located at least:
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| (a) | 7.5 metres from a lot in the Residential Zone category, Residential Apartment Zone category or Open Space Zone category; and
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| (b) | 1.0 metres from all other side lot lines and rear lot lines.
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