Bylaw 18171
September 11, 2017
Charter Bylaw 19511
January 2, 2021
The purpose of this Overlay is to prohibit new Bars and Neighbourhood Pubs, and Nightclubs; to prohibit the expansion of existing Nightclubs; to restrict expansion of existing Bars and Neighbourhood Pubs; and to provide opportunities for Breweries, Wineries and Distilleries in the Whyte Avenue Commercial Area.
Notwithstanding any provisions of the Zoning Bylaw respecting the area of application of Overlays, this Overlay applies to all Zones, Direct Development Control Provisions and Site Specific Development Control Provisions on those lands shown in Appendix I to this Overlay.
Notwithstanding the Uses listed in the underlying Zones, Direct Development Control Provisions or Site Specific Development Control Provisions, and notwithstanding any provisions of the Zoning Bylaw respecting the alteration of Uses through Overlays, Bars and Neighbourhood Pubs, and Nightclubs are only Permitted or Discretionary Uses in the Zone, Direct Development Control Provisions or Site Specific Development Control Provisions if that Use was being lawfully carried on as of December 1, 2003.
Charter Bylaw 19511
January 2, 2021
Existing Bars and Neighbourhood Pubs, and Nightclubs in the area of application of this Overlay shall not be allowed to expand beyond the occupancy load and Public Space specified by their respective approvals, except:
in accordance with 12.2(1)(dd); or
when the expansion of the Public Space and occupancy load of a Bars and Neighbourhood Pubs Use is for a new or expanded outdoor service area or patio space and the development otherwise complies with the requirements of the underlying Zone
A Bar and Neighbourhood Pub or Nightclub that was a conforming Use as of December 1, 2003 shall remain a conforming Use and a Bar and Neighbourhood Pub or Nightclub that was a non-conforming Use as of December 1, 2003 shall remain a non-conforming Use unless it is brought into conformity with the requirements of the Zoning Bylaw.
Bylaw 18171
September 11, 2017
Notwithstanding Section 800.2, a Breweries, Wineries and Distilleries Use shall only be allowed in the area of application of this Overlay if:
developed with a total Public Space, including any private non-sale hospitality area, that does not exceed 80 m2 or 30% of the total Floor Area, whichever is less;
developed in combination with a Restaurant; or
developed in combination with an existing Bar and Neighbourhood Pub or an existing Nightclub, provided the total Public Space, including any private non-sale hospitality area, does not exceed the occupancy load and the Public Space specified in the existing approval for the Bar and Neighbourhood Pub or Nightclub.