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Chapter 30 Commercial
30.5 Regulations Applying to the Commercial Zone Category
(1) | Application of General Regulations Section |
| The regulations in Section 30.5 apply to all lands, uses, buildings and structures in the Commercial Zone category.
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(2) | Interpretation of the Commercial Zone Symbol |
| The zone symbol on the Zoning By-law Map for zones in the Commercial Zone category consists of the letters CL, indicating the primary land use permitted in the respective zone.
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(3) | Interpretation of the Zone Label |
| In the Commercial Zone category, the numerical value following the zone symbol in the zone label on the Zoning By-law Map indicates the permitted maximum floor space index of all land uses on a lot.
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(1) | Lawfully Existing Public School, Private School |
| A lawfully existing public school or private school on a lot in the Commercial Zone category is permitted on that lot, and:
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(A) | any expansion or addition to the lawfully existing public school or private school building must comply with Section 150.48 and the requirements for the zone in which the lot is located; and
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(B) | the lawfully existing public school or private school may be replaced with a new school building that complies with Section 150.48 and the requirements for the zone in which the lot is located.
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(2) | Lawfully Existing Place of Worship |
| A lawfully existing place of worship on a lot in the Commercial Zone category is permitted on that lot, and:
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(A) | any expansion or addition to the lawfully existing place of worship building must comply with Section 150.50 and the requirements for the zone in which the lot is located; and
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(B) | the lawfully existing place of worship may be replaced with a new place of worship building that complies with Section 150.50 and the requirements for the zone in which the lot is located.
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(1) | Building Requirements |
| Additional building requirements are in each zone in the Commercial Zone category.
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(1) | Determining the Height of Buildings in Commercial Zones |
| In the Commercial Zone category, the height of a building is the distance between the average elevation of the ground along the front lot line and the elevation of the highest point of the building, or in the case of a corner lot the average elevation of the ground along all lot lines that abut a street and the elevation of the highest point of the building.
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(2) | Determining the Height of Structures in Commercial Zones |
| In the Commercial Zone category, the height of a structure, that is not a building, is the distance between average grade and the elevation of the highest point of that structure.
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(3) | Height of Specific Structures on a Building |
| In the Commercial Zone category, the following structures on the roof of a building, may exceed the permitted maximum height for that building by 5.0 metres:
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(A) | antennae;
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(B) | flagpoles; and
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(C) | satellite dishes.
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(4) | Height of Elements for Functional Operation of a Building |
| In the Commercial Zone category, the following equipment and structures on the roof of a building may exceed the permitted maximum height for that building by 5.0 metres:
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(A) | equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment;
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(B) | structures or parts of the building that are used for the functional operation of the building, such as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, vents, and water supply facilities; and
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(C) | structures that enclose, screen or cover the equipment and structures listed in regulations (A) and (B) above.
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(5) | Height - Horizontal Limits on Elements for Functional Operation of a Building |
| In the Commercial Zone category, equipment, structures or parts of a building that exceed the permitted maximum height for that building in regulation 30.5.40.10(4), must comply with the following:
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(A) | the total area of equipment, structures, and parts of a building may cover is no more than 30% of the area of the roof, measured horizontally; and [ By-law: 451-2022 ]
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(B) | the total horizontal dimension of all equipment, structures, and parts of a building located within 6.0 metres of a lot line abutting a street, measured parallel to the street, may not exceed 20% of the width of the building's main walls facing that street.
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(6) | Height of Rooftop Amenity Space Safety and Wind Protection |
| In the Commercial Zone category, unenclosed structures providing safety or wind protection to rooftop amenity space may exceed the permitted maximum height for that building by 3.0 metres, if the structures are no closer than 2.0 metres from the interior face of any main wall.
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(7) | Height of Buildings and Structures - Green Roof |
| In the Commercial Zone category, a parapet wall for a green roof may exceed the permitted maximum height for a building by 2.0 metres.
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(1) | Gross Floor Area Calculations for a Non-residential Building in a Commercial Zone Category |
| In the Commercial Zone category the gross floor area of a non-residential building is reduced by the area in the building used for:
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(A) | required parking, loading and bicycle parking below-ground;
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(B) | required loading spaces at the ground level and required bicycle parking spaces at or above-ground;
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(C) | storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;
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(D) | shower and change facilities and bicycle maintenance facilities required by this By-law for required bicycle parking spaces; [ By-law: 839-2022 ]
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(E) | elevator shafts;
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(F) | mechanical penthouse; and
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(G) | exit stairwells in the building.
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(2) | Floor Space Index Calculation for a Non-residential Building in a Commercial Zone Category |
| In the Commercial Zone category the floor space index for a non-residential building is the result of the gross floor area minus the areas listed in regulation 30.5.40.40(1) divided by the area of the lot.
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(1) | Permitted Floor Space Index for Lawfully Existing Buildings |
| In the Commercial Zone category, if the lawful gross floor area of lawfully existing buildings on a lot results in a floor space index greater than the permitted maximum floor space index, the lawful floor space index resulting from those lawfully existing buildings is the maximum floor space index for those lawfully existing buildings on that lot.
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(1) | Canopies and Awnings |
| In the Commercial Zone category, a canopy, awning or similar structure, with or without structural support, may encroach into a required minimum building setback that abuts a street, if no part of the canopy, awning or similar structure is more than 5.0 metres above the elevation of the ground directly below it.
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(1) | Building or Structure to be Set Back from a Lane |
| A building or structure in the Commercial Zone category may be:
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(A) | no closer than 3.0 metres from the original centreline of a lane if the lot abutting the other side of the lane is not in the Residential Zone category or Open Space Zone category; and
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(B) | no closer than 3.5 metres from the original centreline of a lane if the lot abutting the other side of the lane is in the Residential Zone category or Open Space Zone category.
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(1) | Permitted Setbacks for Lawfully Existing Building from a Lane |
| In the Commercial Zone category, if the lawful distance of a lawfully existing building or structure from the original centreline of a lane is less than the minimum distance from the original centreline of the lane required by this By-law, that lawful distance is the minimum distance from the original centreline of the lane for that lawfully existing building or structure.
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(2) | Additions Above Lawfully Existing Buildings in Relation to a Lane |
| The minimum distance from the original centreline of a lane for any addition or extension above a lawfully existing building or structure referred to in regulation 30.5.40.71(1) is the minimum distance from the original centreline of the lane permitted by regulation 30.5.40.71(1).
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(1) | Renewable Energy and Cogeneration Energy Device - Location Restriction |
| In the Commercial Zone category, a device producing renewable energy or cogeneration energy on a lot may not be located in a front yard or a side yard that abuts a street.
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(2) | Renewable Energy Device - Height Requirements |
| In the Commercial Zone category, a photovoltaic solar energy device or a thermal solar energy device that is:
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(A) | on a building:
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(i) | must comply with the required minimum building setback; and
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(ii) | no part of the device may be higher than 2.0 metres above the permitted maximum height for the building; and
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(B) | ground mounted, must comply with the requirements for a building or structure on the lot.
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(3) | Wind Energy Device - Setbacks |
| In the Commercial Zone category, a wind energy device must comply with the required minimum building setbacks for a building on the lot.
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(4) | Wind Energy Device - Height |
| In the Commercial Zone category, no part of a wind energy device may be higher than 3.0 metres above the permitted maximum height for a building on the lot.
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(5) | Geo-Energy Requirements |
| In the Commercial Zone category, any above-ground part of a geo-energy device must comply with the requirements for a building or structure on the lot.
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(6) | Cogeneration Energy Device |
| In the Commercial Zone category, a cogeneration energy device must be located inside a permitted building.
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(1) | Use of Required Parking Space |
| A parking space required by this By-law for a use in the Commercial Zone category must be available for the use for which it is required.
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(1) | Location of Required Parking Spaces |
| A parking space must be located on the same lot as the use for which the parking space is required.
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