The purpose of this Overlay is to maintain the pedestrian-oriented character of commercial areas, comprised of shopping streets in close proximity to residential areas of the City.
This Overlay applies to all Commercial Zones on those lands shown in the Appendices to this Overlay.
Where the underlying Zone allows Specialty Food Services, Restaurants, Bars and Neighbourhood Pubs, or Nightclubs as a Permitted or Discretionary Use, these Uses shall not exceed an occupant load of 200 nor 240 m2 of Public Space. Notwithstanding subsections 11.3 and 11.4, and that larger facilities may be listed as Discretionary Uses, variances shall not be granted to this regulation unless otherwise specified by a Statutory Plan applicable to the Site
The maximum Frontage for Sites abutting a commercial shopping street shall be 10.06 m or consistent with the Frontage of other Sites abutting the shopping street and, where the Frontage for Sites abutting the commercial shopping street exceeds 10.06 m or the consistent development pattern for the street, the front façade of the building shall be designed to break the appearance into 10.06 m sections or modules consistently sized with other buildings on the shopping street.
Buildings shall be built to the front and side property lines. The Development Officer may allow building Setbacks up to 2.5 m to accommodate street related activities, such as sidewalk cafes, architectural features and Landscaping that contribute to the pedestrian-oriented shopping character of the area.
Bylaw 16733
July 6, 2015
The maximum Height for Hotel and Apartment Hotel developments shall not exceed 23.0 m, in accordance with Section 52 for buildings fronting onto an arterial roadway, and shall not exceed 15.0 m nor four Storeys for buildings fronting onto a collector or local roadway.
At Grade Frontage shall be developed for Commercial Uses and, where a Hotel is to be developed, a maximum 30% of the first Storey Frontage shall be used for lobbies, with the remaining floor space used for Commercial Uses.
The minimum Setback of the principal front wall of a residential development, above the second Storey, for buildings on all Sites not fronting onto an arterial roadway, shall be 4.5 m.
Vehicular access to properties from a public roadway shall be restricted to the abutting Lanes to preclude breaks in the street façade and strengthen the pedestrian-oriented character of the area. Where there is no abutting Lane, vehicular access shall be provided from a flanking public roadway.
The minimum number of off-street parking spaces required shall be in accordance with the provisions of Section 54, Schedule 1 of this Bylaw, except that:
Bylaw 16591
September 16, 2013
Bylaw 16733
July 6, 2015
for Professional, Financial and Office Support Services at Grade, parking shall be provided on the basis of 1 parking space per 90.9 m2 of Floor Area and no parking spaces shall be required for this Use on upper floors;
Bylaw 17600
April 4, 2016
for Specialty Food Services, Restaurants, Bars and Neighbourhood Pubs, and Nightclubs, parking shall be provided on the basis of one parking space per 4.8 m2 of Public Space, except for when the proposed development is on a Lot within the boundaries described in Section 54.2 Appendix II - Boundaries for Reduced Parking Requirement, the parking requirements in Section 54.2 Schedule 1(A) shall apply;
Bylaw 16945
September 22, 2014
for all other Commercial Use Classes, parking shall be provided on the basis of 1 parking space per 90.9 m2 of Floor Area; and
Accessory vehicular parking shall be located at the rear of the building.
Whenever Non-accessory Parking is a Discretionary Use, it shall not be approved on a Site fronting or flanking onto an arterial roadway.
All new development and major renovations shall create a pedestrian-friendly environment on the shopping street, which may include such things as entrance features, outdoor sitting areas, canopies, landscaping and other features that lend visual interest and a human scale to development along the street.
Architectural treatment of new developments and substantial renovations shall ensure that each Storey has windows on the front façade of the building, and that the placement and type of windows shall allow viewing into the building to promote a positive pedestrian-oriented shopping street.
On Corner Lots the façade treatment shall wrap around the side of the building to provide a consistent profile facing both public roadways.
Signage shall be provided in accordance with Schedule 59E of this Bylaw, with the intent to compliment the pedestrian-oriented commercial environment, except that:
the maximum Height of a Freestanding Sign shall be 6.0 m;
a Projecting Sign may be used to identify businesses that are located entirely at or above the second Storey level; and
the top of a Projecting Sign on a building two Storeys or higher shall not extend more than 75 cm above the floor of the second or third Storey, nor higher than the windowsill level of the second or third Storey.
A Comprehensive Sign Design Plan and Schedule, consistent with the overall intent of subsection 59.3 of the Zoning Bylaw, shall be prepared for the development and submitted, with the Development Application, to be approved by the Development Officer.
Where an application for a Development Permit does not comply with the regulations contained in this Overlay:
Bylaw 13228
December 5, 2002
the applicant shall contact the affected parties, being each assessed owner of land wholly or partly located within a distance of 60.0 m of the Site of the proposed development and the President of each affected Community League and the President of each Business Revitalization Zone Association operating within the distance described above, at least 21 days prior to submission of a Development Application;
the applicant shall outline to the affected parties, any requested variances to the Overlay and solicit their comments on the application;
the applicant shall document any opinions or concerns, expressed by the affected parties, and what modifications were made to address their concerns; and
the applicant shall submit this documentation as part of the Development Application.
Bylaw 15389
July 19, 2010
The following regulations shall apply to development within Commercial Zones abutting 109 Street between the north side of 61 Avenue and the south side of 88 Avenue:
Bylaw 16733
July 6, 2015
notwithstanding subsections 330.4(2), 330.4(9), 330.5(1)(d) and 819.3(4), where the underlying zone is CB1 the maximum Height shall not exceed 14.5 m for flat, mansard and gambrel roofs, or 16.0 m for a roof type with a pitch of 4/12 (18.4 degrees) or greater, in accordance with Section 52, the maximum Floor Area Ratio shall be 3.5 and the maximum Floor Area Ratio of Apartment Housing shall be 2.0;
Bylaw 17062
July 6, 2015
on all Sites abutting a property zoned to allow Single Detached Housing as a Permitted Use or the RF5 Row Housing Zone, at a maximum Height of 8.6 m the directly adjacent façade shall be stepped or sloped back at a minimum angle of 45 degrees from the vertical plane for a minimum horizontal distance of 2.5 m to optimize access to sunlight, increase privacy and otherwise provide for an appropriate transition to the abutting property, as shown in the following illustration;
Bylaw 16733
July 6, 2015
there shall be a Setback of 1.0 m from 109 Street with the construction of all new developments unless a comprehensive streetscaping plan has been completed that determines such a Setback is not required. The Development Officer may allow an additional building setback up to 2.5 m to accommodate street related activities, such as sidewalk cafes, architectural features and Landscaping that contribute to the pedestrian-oriented shopping character of the area;
Bylaw 15735
June 20, 2011
notwithstanding subsection 819.3(3), a minimum Setback of 6.0 m shall be required where the Rear or Side Lot Line of a Site abuts the lot line of a Site in a Residential Zone;
there shall be a triangular Setback 6.0 m in length abutting along the property lines that meet at each corner of the intersection of 109 Street and 82 Avenue, as shown in the following illustration;
Bylaw 16312
January 21, 2013
setback areas shall be Hardsurfaced and visually incorporated into the sidewalk;
Bylaw 16032
March 14, 2012
a pedestrian walkway system and/or a road (including a Lane) serving or giving access to the development shall be provided to the satisfaction of the Development Officer and Transportation Services;
the number, location and design of bicycle parking spaces shall be to the satisfaction of the Development Officer and Transportation Services and may exceed the requirements of Section 54.3 of this Bylaw; and
all building façades shall use high quality, durable, compatible and harmonious exterior finishing materials.