Edmonton Zoning Bylaw 12800

910.6   (CMU) Commercial Mixed Use Zone

1.            General Purpose

Bylaw 16733

July 6, 2015

Charter Bylaw 18381

May 7, 2018

 

The purpose of this Zone is to provide a Zone for medium intensity development that accommodates a mix of predominantly commercial, office, institutional and business Uses as a secondary office commercial area while emphasizing retail activities, entertainment and service Uses at ground level. The intent is to accommodate the existing commercial development west of 109 Street; and to allow Conversion to residential and related Uses.

2.            Permitted Uses

  1. Apartment Hotels

  2. Bars and Neighbourhood Pubs, for less than 200 occupants and 240 m2 of Public Space

  3. Business Support Services

Charter Bylaw 18387

June 12, 2018

  1. Cannabis Retail Sales

  1. Child Care Services

  2. Commercial Schools

  3. Community Recreation Services

  4. Convenience Retail Stores

  5. General Retail Stores

  6. Government Services  

  7. Health Service

  8. Hotels

  9. Indoor Participant Recreation Services

  10. Limited Contractor Services

Charter Bylaw 18882

June 17, 2019

  1. Liquor Stores

  1. Major Home Based Business and Minor Home Based Business

Charter Bylaw 18613

November 26, 2018

  1. Market

  1. Minor Amusement Establishments

Charter Bylaw 18967

August 26, 2019

  1. Multi-unit Housing

  2. Personal Service Shops  

  3. Private Education Services and Public Education Services

  4. Private Clubs

  5. Professional, Financial and Office Support Services

  6. Public Libraries and Cultural Exhibits

  7. Religious Assembly

  8. Residential Sales Centre

aa.      Restaurants

Charter Bylaw 18613

November 26, 2018

bb.      Special Event

cc.      Specialty Food Services

Bylaw 17403

October 19, 2015

Effective date: February 1, 2016

dd.       Urban Gardens

ee.       Spectator Entertainment Establishments  

ff.        Fascia On-premises Signs  

gg.       Projecting On-premises Signs

hh.       Temporary On-premises Signs, not including portable signs   

3.              Discretionary Uses

Bylaw 16224

September 10, 2012

  1. Auctioneering Establishments

  2. Bars and Neighbourhood Pubs, for more than  200 occupants and 240 m2 of Public Space

Bylaw 18171

September 11, 2017

  1. Breweries, Wineries and Distilleries

Bylaw 15953

November 13, 2012

  1. Carnivals

  2. Convenience Vehicle Rentals

Bylaw 16224

September 10, 2012

  1. Creation and Production Establishments

  2. Equipment Rentals

  3. Fleet Services

  4. Funeral, Cremation and Interment Services

  5. Live Work Units

Bylaw 15953

November 13, 2012

  1. Lodging Houses

Bylaw 16224

September 10, 2012

  1. Media Studios

  2. Minor Impact Utility Services

  3. Minor Service Stations

  4. Mobile Catering Food Services

  5. Nightclubs

  6. Non-accessory Parking

  7. Outdoor Amusement Establishments

  8. Outdoor Participant Recreation Services

Bylaw 16224

September 10, 2012

  1. Pawn Stores

  2. Protective and Emergency Services

Bylaw 16224

September 10, 2012

  1. Secondhand Stores

  2. Spectator Sports Establishments

Bylaw 17403

October 19, 2015

Effective date: February 1, 2016

  1. Urban Indoor Farms

Bylaw 17901

March 6, 2017

 

  1. Urban Outdoor Farms

  2. Fascia Off-premises Signs

  3. Freestanding On-premises Signs

Bylaw 15892

October 11, 2011

bb.       Major Digital Signs

Bylaw 15892

October 11, 2011

cc.       Minor Digital Off-premises Signs

Bylaw 15892

October 11, 2011

dd.       Minor Digital On-premises Signs

Bylaw 15892

October 11, 2011

ee.       Minor Digital On-premises Off-premises Signs

ff.        Roof Off-premises Signs

gg.       Roof On-premises Signs

4.             Development Regulations for Permitted and Discretionary Uses

The following regulations shall apply to Permitted and Discretionary Uses.

  1. Floor Area Ratio (FAR):

  1. the maximum Floor Area Ratio east of 109 Street shall be 7.0.  An additional Floor Area Ratio of 3.0 may be allowed where the Development Officer is satisfied that new developments are compatible with the urban context of the area and that adverse environmental impacts, such as sun shadow and wind are minimized.  In such cases, the application shall be processed as a Class B application; and

  2. the maximum Floor Area Ratio west of 109 Street shall be 4.0.

  1. Building Height:

  1. the maximum Height east of 109 Street and north of 100 Avenue shall be 70.0 m.  An additional Height of 15m may be allowed where the Development Officer is satisfied that new developments are compatible with the urban context of the area and that adverse environmental impacts, such as sun shadow and wind are minimized.  In such cases, the application shall be processed as a Class B application.

Bylaw 17062

July 9, 2015

  1. The maximum Height east of 109 Street and south of 100 Avenue shall not exceed 50m except that, for sites with an area over 3,716 m2 an additional Height of 10 m may be allowed where the Development Officer is satisfied that new developments are compatible with the urban context of the area and that adverse environmental impacts, such as sun shadow and wind are minimized.  In such cases, the application shall be processed as a Class B application.

  2. The maximum Height west of 109 Street shall be 20.0m.

  1. Building Setbacks:

  1. Buildings shall have a front Setback of 1.5m, except that the front Setback shall be:

  1. 1.5m to 4.0m along the east side of 109 Street;

  2. 0.0m Setback along the west side of 109 Street; and

  3. 3.0m along 108 Street, all to the satisfaction of the Development Officer.  

  1. 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.

  2. Buildings shall be built to the side property lines; and

  3. Notwithstanding the above, the Development Officer shall have regard for the existing block face Setback and consideration of the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, Bylaw 15200 in determination of the front Setback.

Bylaw 18303

February 26, 2018

  1. Amenity Areas:

  1. Notwithstanding subsection 46(2), Amenity Areas shall be provided in accordance with the following:

  1. A minimum Amenity Area of 3% of gross floor area of residential uses, to a maximum of 6%, shall be required for buildings over 2000m2 to the satisfaction of the Development Officer.  Amenity Areas may include meeting rooms, fitness facilities, outdoor space, and shall be exempt from FAR calculations.  The Development Officer will review Amenity Area provision to ensure it meets the intent.

  2. Non-residential buildings on sites of less than 1350m2 shall not be required to provide Amenity Area.

  3. Non-residential or mixed-Use buildings on sites greater than 1350m2 shall provide a minimum Amenity Area of 3% on the non-Residential Uses, to a maximum of 6%.  Amenity Areas may include interior landscaped open spaces, arcades, atriums, plazas and gardens and shall be exempt from FAR calculations.

  4. Developments on sites larger than 3000m2  shall provide:

Bylaw 16733

July 6, 2015

Charter Bylaw 18381

May 7, 2018

  1. An additional 5% of the site area developed as open space in the form of parks, plazas, atriums and publicly accessible spaces at ground level for the benefit of residents or tenants; and

  2. In large developments, mid block breaks and access shall be provided to facilitate pedestrian access to other Walkways, laneway or interior courtyards.

  1. Landscaping:

Bylaw 15735

June 20, 2011

  1. Landscaping shall be in accordance with Section 55 of the Zoning Bylaw, except that:

Bylaw 16733

July 6, 2015

  1. Trees shall be provided in accordance with subsection 55.3.  For development consisting of Residential Use Classes, the number of trees provided shall be one tree for each 25 m2 of any Yard at Grade; and

  2. For tree requirements, only deciduous species shall be allowed on any Yard abutting a Public Roadway, other than a lane.

  1. Signs shall comply with the regulations found in Schedule 59F.

Bylaw 17403

October 19, 2015

Effective date: February 1, 2016

  1. Urban Indoor Farms shall comply with Section 98 of this Bylaw.

  2. Urban Gardens shall comply with Section 98 of this Bylaw.

5.             Urban Design Regulations

  1. Street Interface

  1. Developments in this zone shall reflect the street types identified in the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, Bylaw 15200.

  2. Developments shall be designed to accommodate office, institutional, retail and service Uses to strengthen the area as a pedestrian oriented shopping area through the following:

  1. The ground Storey shall have a minimum Height of 3.5m;

  2. Buildings located along identified shopping streets shall provide and maintain a rhythm of fine-grained retail establishments with direct access to the street and contain numerous shop fronts, entrances, variety of textures and building materials to enhance the pedestrian environment;

  3. A minimum of 50 % at Grade Frontage shall be developed for Commercial Uses; and

Bylaw 16733

July 6, 2015

  1. The geodetic elevation of the top of the floor on the level that is directly above Grade shall not exceed the geodetic elevation of the abutting public sidewalk by more than 0.3 m.

  1. The development of the abutting public realm shall be in accordance with the standards outlined in the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, Bylaw 15200.

  2. Public Amenity Area

Bylaw 15735

June 20, 2011

  1. Yards, including useable outdoor spaces, shall continue the public sidewalk paving materials, finish, and pattern.  In addition, soft landscaping may be required at the Discretion of the Development Officer.

  2. Street Wall Design

  1. The building façade that comprises a portion of the Street Wall shall range in Height from 9m to 26m. This Height may be reduced at the discretion of the Development Officer to respect building Height proportionality or to accommodate podium gardens, restaurants/cafes or natural slope of the site.

Bylaw 16733

July 6, 2015

  1. At Grade residential developments shall provide separate, individual access at Grade and feature identifiable doorways, landscaped terraces, pedestrian lighting, and patios.  They shall ensure adequate privacy through the provision of screening and at least a 0.75m Grade separation above the adjacent City sidewalk.

  2. The building façade that comprises a portion of the Street Wall shall ensure that the Height of the building façade or podium base is within 7m of the adjacent block face.

  3. The maximum building frontage for Sites abutting a commercial shopping street shall be 15.24 m or consistent with the building frontage of other Sites abutting the shopping street and, where the building frontage for Sites abutting the commercial shopping street exceeds 15.24 m or the consistent development pattern for the street, the front façade of the building shall be designed to break the appearance into 15.24 m sections or modules consistently sized with other buildings on the shopping street.

  4. 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.

  5. 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.

  1. Entrances and Corners

  1. On Corner Lots the façade treatment shall wrap around the side of the building to provide a consistent profile facing both public roadways.

Bylaw 16733

July 6, 2015

  1. In mixed-Use buildings, Residential Uses shall have access at Grade that is separate from the commercial premises.

  2. Commercial or institutional entrances shall address the street in a prominent manner.

  3. Buildings at corners shall provide courtyards, major entryways or distinctive architectural features consistent with the building or Influences on the other corners of the Intersection to enhance pedestrian circulation and, where applicable, enhance axial views.

  4. Buildings shall be designed and oriented to face the front property line with entrances that are clearly visible, except on double fronting streets where the building shall be designed to front both the street and the avenue.

  1. Tower Floor Plate, Stepbacks, and Spacing

  1. Towers, whether in the form of freestanding independent structures, or a number of associated structures within a complex shall be designed, oriented and constructed to maximize views, articulate the downtown skyline, and allow sunlight penetration at the street level, in public spaces, plazas, parks and amenity areas.

Bylaw 17062

July 9, 2015

  1. For buildings greater than 26m in Height, the maximum residential Floor Plates shall not exceed 900m2,but in no case shall it exceed 80% of the podium floor plate, to the satisfaction of the Development Officer.

  2. Developments less than 26m may not be required to provide Floor Plate reduction.

  3. Developments taller than 26m shall be stepped back at least 3.0m from the front podium wall to maintain human scaled buildings and to allow for solar access at the sidewalk level.

  4. The mid-level of Towers shall employ building setback, Tower spacing and sculpting to reduce building mass and augment views, light and privacy.

  5. The minimum space between Towers shall be 25m.  The Development Officer may vary Tower spacing in consideration of the following:

  1. The visual, sun/shadowing, and other microclimatic impacts on adjacent residential development; and

  2. The recommendations, and mitigative measures specified in any required technical studies.

  1. Towers on the south side of 100 Avenue and adjacent to 108 streets shall be narrower in width to accentuate views of the Legislature and promote sunlight penetration at the ground level, to the satisfaction of the Development Officer.

  1. Building Façade, Materials, and Exterior Finishing

  1. Building façades shall incorporate architectural design details or features that recognize the predominant urban character of the Street, as identified in the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, Bylaw 15200.

  2. Building design and façade shall incorporate treatments such as awnings, canopies, window openings, reveals, offsets, multiple entrances, arcades, columns, quality materials, interesting design, fenestrations, double Height entrances, parks, plazas, appropriate landscaping, colour, and other architectural features.

  3. Buildings taller than 26m shall be allowed in the form of a podium plus Tower composition that ensures design treatments are compatible with the façades of adjacent, older institutional or historic buildings in the immediate area; and that maintain a human scale environment.

  4. Buildings shall emphasize the architectural treatment of the horizontal and vertical elements as well as finer grain elements such as windows, balconies, shadow lines and textures shall be used to distinguish residential buildings from office Towers.

  5. All exposed building Tower faces shall have consistent and harmonious exterior finishing materials,

  6. Building materials must be sustainable, durable, high quality and appropriate for the development within the context of the Capital City District.  The contextual fit, design, proportion, quality, texture and application of various finishing materials shall be to the satisfaction of the Development Officer.

  7. Infill developments shall be sensitive to the rhythm, articulation, design character, scale, façade and materials colours and textures of the block face.

  1. Roof Tops and Skyline Effects

  1. For the area north of 100 Avenue, the following regulations shall apply:

  1. The top level(s) of Towers shall contribute to the ’signature’ of the building and the City’s skyline through sculpting of the upper floors and roofs.

Bylaw 17934

April 10, 2017

  1. Rooftops of Towers shall be designed with penthouses to accommodate mechanical penthouses, reduce the heat island effect, facilitate energy efficiency and contribute to a distinctive and unique Downtown skyline.  The design of the roof may include a combination of green roofs, Solar Collectors, patios, and public or private open spaces.

  2. All minor mechanical equipment on a roof of any building shall be concealed by screening in a manner compatible with the architectural character of the building, or concealed by incorporating it within the building.  

  3. Wherever podium roofs are visible from adjacent developments, the development shall provide enhancements to improve rooftop aesthetics.  Enhancements may include patios, gardens, green roofs or additional Amenity Area.

  4. The Tower Floor Plate(s) of the top 4 floors shall be reduced a further 10% to 15%, to the satisfaction of the development officer, through Stepbacks to create the articulation, visual interest, and reduced massing effects.

  1. For the area south of 100 Avenue, the following regulations shall apply:

  1. All mechanical equipment on a roof of any building shall be concealed by screening in a manor compatible with the architectural character of the building, or concealed by incorporating it within the building.

Bylaw 17934

April 10, 2017

  1. The roof design may include a combination of green roofs, Solar Collectors, patios or private or public open spaces.

6.             Additional Development Regulations for Specific Uses and Streets

Bylaw 16224

September 10, 2012

Bylaw 17488

January 25, 2016

  1. For new buildings, Residential Uses shall not exceed 85% of gross Floor Area in mixed-Use buildings.

Bylaw 16733

July 6, 2015

  1. Buildings fronting onto 109 Street and 100 Avenue shall provide at least 60% of at-Grade street frontage for retail and other commercial and service Uses.

  2. Business Frontage for establishments located at Grade shall not exceed 30m along 109 Street and 100 Avenue.  

  1. Notwithstanding the requirements of subsection 910.6(4)(a), Hotels shall be allowed an additional Floor Area Ratio of 4.0 where the Development Officer is satisfied that new developments fit within the urban context of the area and that adverse environmental impacts, such as sun shadow and wind are minimized.

Bylaw 17062

July 9, 2015

Bylaw 17832

November 28, 2016

Bylaw 18305

February 26, 2018

Effective Date: May 1, 2018

  1. Notwithstanding Section 11.4 and the requirements of subsection 910.6(4)(b) and having regard for 910.6(6)(e), additional Height may be allowed to accommodate the additional Floor Area Ratio for Hotel Uses where the Development Office is satisfied that new developments fit within the urban context of the area and that adverse environmental impacts, such as sun shadow, wind and massing are minimized.  In such cases, the application shall be processed as a Class B application.