3.22 CMU - Commercial Mixed Use Zone

To allow 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 NW; and to allow conversion to Residential and related Uses.

Residential Uses
2.1. Home Based Business #
2.2. Residential, limited to:
 
2.2.1. Multi-unit Housing
2.2.2. Row Housing
2.2.3. Supportive Housing
Commercial Uses #
2.3. Bar
2.4. Body Rub Centre
2.5. Cannabis Retail Store
2.6. Minor Indoor Entertainment
2.7. Cultural Exhibit
2.8. Food and Drink Service
2.9. Health Service
2.10. Hotel
2.11. Indoor Sales and Service
2.12. Liquor Store
2.13. Office
2.14. Residential Sales Centre
2.15. Spectator Entertainment Establishment
Community Uses
2.16. Child Care Service
2.17. Community Service
2.18. School
2.19. Libraries
2.20. Special Event
Sign Uses
2.21. Fascia Signs, limited to On-premises Advertising
2.22. Projecting Signs, not including in the form of a Roof Sign, limited to On-premises Advertising

 

Residential Uses
3.1. Residential, limited to:
 
3.1.1. Lodging Houses
Commercial Uses #
3.2. Custom Manufacturing
3.3. Nightclubs
3.4. Outdoor Entertainment
3.5. Convenience Vehicle Rental
3.6. Spectator Sports Establishment
3.7. Minor Service Station
Industrial Uses #
3.8. Crematorium
3.9. Fleet Service
Community Uses
3.10. Outdoor Recreation Service
Basic Service Uses
3.11. Emergency Service
3.12. Minor Utility
3.13. Transit Facility
Agricultural Uses
3.14. Urban Agriculture
Sign Uses
3.15. Fascia Sign, limited to Off-premises Advertising
3.16. Freestanding Sign, limited to On-premises Advertising
3.17. Major Digital Sign
3.18. Minor Digital Sign
3.19. Projecting Sign, limited to in the form of Roof Signs

 

Residential Uses
4.1. Home Based Businesses must comply with Section 6.60.
Commercial Uses
4.2. Bars
 
4.2.1. The maximum Public Space is 240 m2 for each establishment.
4.2.2. The maximum capacity is 200 occupants for each establishment.
4.3. Body Rub Centres must comply with Section 6.20.
4.4. Cannabis Retail Stores must comply with Section 6.30.
4.5. Liquor Stores must comply with Section 6.70.
4.6. Uses with Drive-through Services must comply with Section 6.110.
Community Uses
4.7. Child Care Services must comply with Section 6.40. 
4.8. Special Events must comply with Section 6.100.
Industrial Uses
4.9. Crematoriums must comply with Section 6.50.
Agricultural Uses
4.10. Urban Agriculture
 
4.10.1. With the exception of outdoor display areas of products for sale, Urban Agriculture Uses must be located within or on a building.
4.10.2. The Development Planner may consider a variance to Subsection 4.10.1 based on the recommendations provided in an environmental site assessment in compliance with Section 7.140.
Sign Uses
4.11. Signs must comply with the regulations found in Subsections 3 and 6 of Section 6.90.
Public Space and Capacity Exceptions
4.12. The Development Planner may consider a variance to the maximum Public Space or capacity of a Use if adequate mitigation measures are used to reduce negative impacts to on-Site or Abutting Uses, including:
 
4.12.1. measures specified in Subsection 2 of Section 5.120;
4.12.2. modification of Site plans to locate Uses or activities in a location to minimize noise, lighting, odour or other similar Nuisances; or
4.12.3. other similar measures.

 

5.1. Development must comply with Table 5.1:
Table 5.1. Site and Building Regulations
Subsection Regulation Value
Floor Area Ratio
5.1.1. Maximum Floor Area Ratio west of 109 Street NW 4.0
5.1.2. Maximum Floor Area Ratio east of 109 Street NW 7.0
Height
5.1.3. Maximum Height west of 109 Street NW 20.0 m
5.1.4. Maximum Height east of 109 Street NW and north of 100 Avenue NW  70.0 m
5.1.5. Maximum Height east of 109 Street NW and south of 100 Avenue NW 50.0 m
Ground Floor and Street Wall Height
5.1.6. Minimum Ground Floor Height for new buildings 3.5 m
5.1.7. Minimum building Street Wall Height 9.0 m
5.1.8. Maximum building Street Wall Height 26.0 m
5.2. Despite Subsection 6 of Section 7.100, a Development Planner may grant a variance to the Maximum Floor Area Ratio, up to an additional 3.0, for development east of 109 Street that is compatible with the urban context of the area and where adverse environmental impacts, such as sun shadow and wind are minimized.
5.3. Despite Subsection 6 of Section 7.100, a Development Planner may grant a variance to the Maximum Floor Area Ratio, up to an additional 4.0 for Hotels, where development is compatible with the urban context of the area and adverse environmental impacts, such as sun shadow and wind are minimized.
5.4. Despite Subsection 6 of Section 7.100, a Development Planner may grant a variance to the Maximum Height, up to an additional 15.0 m, for development east of 109 Street and north of 100 Avenue that is compatible with the urban context of the area and where adverse environmental impacts, such as sun shadow and wind are minimized.
5.5. Despite Subsection 6 of Section 7.100, a Development Planner may grant a variance to the Maximum Height, up to an additional 10.0 m, for development east of 109 Street and south of 100 Avenue on Sites with an area over 3,716 m2 that is compatible with the urban context of the area and where adverse environmental impacts, such as sun shadow and wind are minimized.
5.6. Despite Subsection 6 of Section 7.100, a Development Planner may grant a variance to the Maximum Height for Hotels to accommodate the additional Floor Area Ratio allowed in Subsection 5.3 that is compatible with the urban context of the area and where adverse environmental impacts, such as sun shadow, wind and massing are minimized
5.7. Despite Subsections 5.1.7 and 5.1.8:
 
5.7.1. the building Street Wall must be within 7.0 m of adjacent building Street Walls; and
5.7.2. the Street Wall Height may be reduced under a variance by the Development Planner to respect the building proportions or to accommodate podium gardens, restaurants, cafes, or the natural slope of the Site. 
5.8. Despite Subsection 5.9, the Development Planner may consider a variance to the Setback regulations in consideration of the existing block face Setback and the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan.
5.9. Setbacks must comply with Table 5.9:
Table 5.9. Setbacks
Subsection Regulation Value
Front Setback
5.9.1. Required Front Setback 1.5 m
Unless one of the following applies:
5.9.2. Minimum Front Setback along the east side of 109 Street NW 1.5 m
5.9.3. Maximum Front Setback along the east side of 109 Street NW 4.0 m
5.9.4. Required Front Setback along the west side of 109 Street NW 0 m
5.9.5. Required Front Setback along 108 Street NW 3.0 m
5.9.6. Despite Subsections 5.9.1 and 5.9.4, maximum Front Setback permitted to accommodate street related activities, such as sidewalk cafes, architectural features, and Landscaping 2.5 m
Setbacks from Abutting Sites
5.9.7. Maximum Setback 0 m
5.10. For new buildings, Residential Uses must not exceed 85% of total Floor Area in mixed use buildings.
5.11. A minimum of 60% of Ground Floor Frontage for development that faces 109 Street NW or 100 Avenue NW must be non-residential. 
5.12. The maximum Ground Floor Frontage for individual business establishments that face 109 Street NW or 100 Avenue NW is 30.0 m. 

 

Street Interface Regulations 
6.1. Development must be designed in a manner consistent with the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan.
6.2. A minimum of 50% of Ground Floor Frontage must be developed for Commercial Uses.
6.3. The Ground Floor elevation must be within 0.3 m of ground level.
6.4. Yards adjacent to a public sidewalk must continue the paving materials, finish, and pattern of the public sidewalk. 
6.5. Development that is adjacent to a shopping Street, as identified in the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, must provide a continuous rhythm of fine grained retail establishments and elements such as:
 
6.5.1. outdoor sitting areas;
6.5.2. canopies;
6.5.3. Landscaping; and
6.5.4. and other features that provide visual interest and support human scale development.
Entrance Regulations
6.6. In mixed use buildings, Residential Uses must have Ground Floor access that is separate from the commercial premises.
6.7. Commercial or institutional entrances must have direct access to the Street and address the Street in a prominent manner.
6.8. Building entrances must be provided on all Facades that face a Street.
6.9. Ground Floor Residential Uses must have:
 
6.9.1. separate individual entrances;
6.9.2. landscaping elements such as patios, lighting, and terraces; and
6.9.3. Privacy Screening.
Tower Regulations
6.10. Buildings greater than 26.0 m in Height must have a Tower and Podium configuration that ensures compatibility with the Facades of adjacent, older institutional, or historic buildings.
6.11. Development must comply with Table 6.11:
Table 6.11. Tower Regulations
Subsection Regulation Value
6.11.1. Maximum Tower Floor Plate for any portion above a Podium 900 m2 or 80% of the Podium Floor Plate, whichever is lesser
6.11.2. Minimum Tower Stepback from the Street Wall 3.0 m
6.11.3. Minimum separation between Towers on the same Site and Abutting Sites 25.0 m
6.12. The Development Planner may consider a variance to Subsection 6.11.3, taking into consideration factors such as:
 
6.12.1. the orientation and placement of the Tower and associated visual, sun, shadow, and microclimatic impacts on Amenity Areas, Pathways, and Abutting residential or mixed use developments;
6.12.2. the context of the Site in relation to the location and Height of buildings on Abutting Sites; and
6.12.3. recommendations and mitigation measures specified in any required technical studies or applicable urban design guidelines.
6.13. Towers must be designed, oriented, and constructed to:
 
6.13.1. maximize views;
6.13.2. articulate the Downtown skyline; and
6.13.3. allow sun penetration at the street level, in public spaces, plazas, parks, and Amenity Areas.
6.14. The mid-level of Towers must provide Setbacks and articulation to minimize the impact of massing.
6.15. Towers on the south side of 100 Avenue NW and adjacent to 108 Street NW must be narrower in width and oriented to accentuate views of the Legislature, to the satisfaction of the Development Planner.
6.16. All exposed building Tower faces must have consistent and harmonious exterior finishing materials.
6.17. Towers north of 100 Avenue NW must provide:
 
6.17.1. top Storeys that contribute to the ’signature’ of the building and the city’s skyline through sculpting of the upper Storeys and roofs;
6.17.2. rooftops with penthouses to accommodate mechanical penthouses, reduce the heat island effect, facilitate energy efficiency and contribute to a distinctive and unique downtown skyline;
6.17.3. enhancements to Podium roofs that are visible from adjacent developments, such as patios, gardens, Green Roofs, or additional Amenity Area; and
6.17.4. a minimum 10% reduction in Floor Plate area for the top 4 Storeys of any Tower.
Facade Regulations
6.18. The Facade design and materials must wrap around the side of the building to provide a consistent profile facing both Streets for Corner Sites.
6.19. To support the development of a predominant urban character as identified in the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, buildings must provide:
 
6.19.1. articulation such as awnings, canopies, window openings, reveals, offsets, arcades, columns, or double height entrances;
6.19.2. appropriate Landscaping which may include parks or plazas;
6.19.3. windows, balconies, shadow lines, textures, or similar treatments to distinguish residential portions of a building from non-residential portions of a building or non-residential buildings;
6.19.4. corner elements such as courtyards, major entryways, or distinctive architectural features; and
6.19.5. sustainable, durable, quality, and varied finishing materials that are sensitive to the existing character of the block.
6.20. Infill developments must be sensitive to the rhythm, articulation, design character, scale, facade, and materials colours and textures of the block face.
6.21. To promote pedestrian interaction, each Storey must have windows on all building Facades facing a Street.
6.22. The maximum building Facade length for buildings facing a Street adjacent to a shopping Street, as identified in the Urban Design Framework for Downtown Streets within the Capital City Downtown Plan, is 15.2 m.
6.23. Despite 6.22, the building Facade length facing a Street can be increased:
 
6.23.1. to be consistent with the building Facade lengths of abutting Sites;
6.23.2. to be consistent with the development pattern of the Street; or
6.23.3. where design elements are provided to break up the appearance of the Facade every 15.2 m.
Rooftop Regulations
6.24. The roof design may include a combination of:
 
6.24.1. Green Roofs;
6.24.2. Solar Collectors;
6.24.3. patios; or
6.24.4. private or public open spaces.

 

Amenity Areas
7.1. Despite Section 5.20, Amenity Areas must comply with the following:
 
7.1.1. A minimum Amenity Area of 3% of total Floor Area of Residential Uses, is required for buildings over 2,000 m2. Amenity Areas may include meeting rooms, fitness facilities, and outdoor space.
7.1.2. A minimum Amenity Area of 3% of total Floor Area of non-residential or mixed use buildings is required for buildings on Sites greater than 1,350 m2. Amenity Areas may include interior landscaped open spaces, arcades, atriums, plazas, and gardens.
7.1.3. Amenity Area is not required for non-residential buildings on Sites of less than 1,350 m2.
7.1.4. Development on Sites larger than 3,000 m2 must provide:
 
7.1.4.1. an additional 5% of the Site area developed as open space in the form of parks, plazas, atriums, or publicly accessible spaces at ground level for the benefit of residents or tenants; and
7.1.4.2. mid block breaks and access must be provided to facilitate pedestrian access to other Pathways, Alleys, or interior courtyards.
Landscaping
7.2. Despite Section 5.60, only deciduous species are allowed in any Setback area Abutting a Street.
Other Regulations
7.3. Outdoor display areas and Public Space may be located in a Setback Abutting a Street.