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S E C T I O N 26A - CMU1 ZONE
26A.1
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 26A - CORE MIXED USE 1 (CMU1) ZONE
26A.1 Subject to the General Provisions of Section 6 and all other applicable
requirements of this By-law, the provisions of this section shall apply to all Core
Mixed-Use 1 (CMU1) Zones.
26A.2 PERMITTED USES
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Custom Workshops
Day Nursery
Department Stores
Dry Cleaning Outlets
Eating Establishments
Fitness Centres
Garden Centres
Hotels
Laundries and Laundromats
LCBO Outlets
Motels
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Public Transportation depots including Bus Stations and Rail Stations
Religious, Fraternal or Public Institutions
Retail Stores
S E C T I O N 26A - CMU1 ZONE
26A.2
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Service Shops
Short-Term Rental, Dedicated
Spa Services
Studios
Supermarkets
Taverns
Video Outlet Sales and Rental Establishments
Dwelling Units
Uses, buildings and structures accessory to any permitted commercial use
26A.3 ZONE REGULATIONS
Minimum Lot Frontage
0m
Minimum Lot Area
0 sq. m.
Minimum Front Yard
0m
Minimum Interior Side Yard
0m, except the minimum side yard abutting
a residential zone shall be 2.5m
Minimum Exterior Side Yard
0m
Minimum Rear Yard
4.5m except the minimum rear yard abutting
a residential zone shall be 10m
Maximum Building Height
i) 4 storeys
ii) 15m
Required Parking
See section 6.20 - Shopping Centres (All
off-street parking shall be provided in the
rear or side yard and screened from street
line
by
decorative
fencing
and/or
landscaping at least 1.2m in height.
26A.4 REGULATIONS FOR DWELLING UNITS
All of the provisions of Subsection 18.2 shall apply, except that notwithstanding the
regulations contained in Section 18.2 (d), a minimum of one parking space shall be
provided for each dwelling unit via one, or a combination of the following means:
a) On the same lot as the dwelling unit, or
b) In a dedicated area within a municipal parking lot through a licensing agreement
or paid permitting system for a municipal parking lot that is located within 200 m
of the property containing the dwelling unit, or
c) In an area of a private parking lot that contains an easement in favour of the
owner of the dwelling unit that is located within 200 m of the property containing
the dwelling unit.
S E C T I O N 26A - CMU1 ZONE
26A.3
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
EXCEPTIONS TO THE CORE MIXED USE (CMU) ZONE
CMU1-447 (58-11) Gateway Secondary Plan Area
These lands are zoned "Core Mixed-Use 1 CMU1-447 Zone" and all of the provisions that
relate to lands zoned "Core Mixed-Use 1 CMU1 Zone" by this by-law shall apply to those
lands zoned "Core Mixed-Use 1 CMU1-447 Zone" on the attached Schedule A subject
to the following special provisions:
a) Notwithstanding the requirements of Section 26A and any additional
requirements set out in By-law 58-11, uses lawfully existing as of the date of
passing of By-law 58-11 shall be deemed to be permitted uses, and the location
of existing buildings and parking areas shall be deemed to be compliant with this
By-law. Any proposed uses, additions and/or expansions to existing buildings
shall be required to conform to the requirements of this By-law.
b) Notwithstanding the requirements of Section 26A, buildings used solely for
residential purposes as described in Section 14 of this By-law shall be permitted,
provided they are setback a minimum of 65m from Garrison Road. All other
Zone regulations of Section 14 shall apply to such uses.
c) Notwithstanding the requirements of Section 26A, buildings used solely for
residential purposes as described in Section 15 of this By-law shall be permitted,
provided they are setback a minimum of 65m from Garrison Road and are no
greater than four (4) stories in height. All other Zone regulations of Section 15
shall apply to such uses.
d) Notwithstanding the requirements of Section 26A, for buildings in this Zone with
exterior walls that front upon Garrison Road, the use of the ground floor shall be
restricted to commercial use in accordance with this By-law. Floors above the
ground floor may be used for either commercial use or residential use.
CMU1-456 (58-11) Gateway Secondary Plan Area
These lands are zoned "Core Mixed-Use 1 CMU1-456 Zone" and all of the provisions that
relate to lands zoned "Core Mixed-Use 1 CMU1 Zone" by this by-law shall apply to those
lands zoned "Core Mixed-Use 1 CMU1-456 Zone" on the attached Schedule A subject
to the following special provisions:
a) Notwithstanding the requirements of Section 26A and any additional
requirements set out in By-law 58-11, uses lawfully existing as of the date of
passing of By-law 58-11 shall be deemed to be permitted uses, and the location
of existing buildings and parking areas shall be deemed to be compliant with this
By-law. Any proposed uses, additions and/or expansions to existing buildings
shall be required to conform to the requirements of this By-law.
S E C T I O N 26A - CMU1 ZONE
26A.4
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
b) Notwithstanding the requirements of Section 26A, buildings used solely for
residential purposes as described in Section 14 of this By-law shall be permitted,
provided they are setback a minimum of 65m from Garrison Road. All other
Zone regulations of Section 14 of this By-law shall apply to such uses.
c) Notwithstanding the requirements of Section 26A, buildings used solely for
residential purposes as described in Section 15 of this By-law shall be permitted,
provided they are setback a minimum of 65m from Garrison Road and are no
greater than four (4) stories in height. All other Zone regulations of Section 15 of
this By-law shall apply to such uses.
d) Notwithstanding the requirements of Section 26A, for buildings in this Zone with
exterior walls that front upon Garrison Road, the use of the ground floor shall be
restricted to commercial use in accordance with this By-law. Floors above the
ground floor may be used for either commercial use or residential use in
accordance with this By-law.
e) Notwithstanding the requirements of Section 26A.2 and Section 26A.3 of this by
law, the subject property may also be used for a gasoline bar and a convenience
store, in accordance with the following additional regulations:
i) Gasoline Pumps, pump islands, and canopies associated with the
gasoline bar shall be set back a minimum of 6 metres from any lot line and
any building.
ii) The height of any canopy including any sign appended to a canopy
associated with a gasoline bar shall be no greater than 6 metres.
iii) Any building used for the purposes of a convenience store shall be located
in accordance with the provisions of Section 26A.3 of this By-law.
iv) Any outdoor refuse container associated with the gasoline bar and/or the
convenience store shall be set back a minimum of 3 metres from Garrison
Road, shall be constructed of solid masonry, and shall be screened from
view from Garrison Road by landscape material with a minimum height of
1.5 metres.
v) No mechanical equipment or utility appurtenance associated with the
convenience store shall be located along any building wall facing Garrison
Road.
CMU1-574(H) (53-2017) Fort Erie Hills Subdivision
These lands are zoned "Core Mixed Use 1 Holding (CMU1-574) (H) Zone" (Part 1), and all
of the provisions of By-law No. 129-90 as amended that relate to lands zoned "Core Mixed
Use 1 (CMU1) Zone" by this by-law shall apply to those lands zoned "Core Mixed Use 1
S E C T I O N 26A - CMU1 ZONE
26A.5
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Holding (CMU1-574) (H) Zone", shown as Part 1 on the attached Appendix "1" and shall
be subject to the following provisions:
a) Notwithstanding "Regulations for dwelling units permitted in commercial
zones C1, C2, CMU-1, CMU-3, C3, C5 and C7" in Section 18.2 (b), the
subject lands shall permit residential uses on the ground floor up to 50%.
b) Notwithstanding the "zone regulations" in Section 26A.3, permitted uses
shall be subject to the following provisions:
-
Minimum Exterior Side Yard Setback(Thompson and Phipps Street)-
35 metres
-
Maximum Building Height 8 storeys
-
Maximum Commercial Floor Space 50% on ground floor"
CMU1-575
(H) (53-2017) Fort Erie Hills Subdivision
These lands are zoned "Core Mixed Use 1 Holding (CMU1-575 )(H) Zone" (Part 2), and all
of the provisions of By-law No. 129-90 as amended that relate to lands zoned "Core Mixed
Use 1 (CMU1) Zone" by this by-law shall apply to those lands zoned "Core Mixed Use 1
Holding (CMU1-575) (H) Zone, shown as Part 2 on the attached Appendix "1" and shall be
subject to the following provisions:
a) Notwithstanding "Regulation for dwellings units permitted in commercial
zones C1, C2, CMU-1, CMU-3, C3, C5 and C7" in Section 18.2 (b) the
subject lands shall permit residential uses on the ground floor up to 50%.
b) Notwithstanding the zone regulations in Section 26A.3, the subject lands
shall be regulated by the following provisions:
i)
Maximum Building Height 4 storeys
ii) Maximum Commercial Floor Space 50% on ground floo
CMU1-659 (35-2021) 7 Central Avenue and a portion of 100-1 Queen Street (Parts
1 and 2)
These lands are zoned "Core Mixed Use 1 (CMU1-659) Zone", and all of the provisions of
By-law No. 129-90 as amended that relate to lands zoned "Core Mixed Use 1 (CMU1)
Zone" by this by-law shall apply to those lands zoned "Core Mixed Use 1 (CMU1-659)
Zone" subject to the following special regulation:
a) Minimum Lot Frontage 27 metres
b) Minimum Lot Area 5733.5 square metres
c) Minimum Front Yard 0 metre for 1 to 4 storeys 4 metres for 5 to 9 storeys 45
metres for 10 to 12 storeys
d) Minimum Interior Side (westerly) Minimum Interior Side Yard (southerly) 1
metres for 1 -12 storeys 0 metre for 1 to 4 storeys6.5 metres for 5 to 12 storeys
e) Minimum Exterior Side Yard 0 metre for 1 to 4 storeys 4 metres for 5 to 12
storeys
f) Minimum Rear Yard 4.5 metres
g) Maximum Height of the Building 12 storeys (42 metres)
S E C T I O N 26A - CMU1 ZONE
26A.6
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
h) Maximum Number of Dwelling Units 200
CMU1-746
(65-2022) Central Avenue and a portion of 100-1 Queen Street
These lands are zoned "Core Mixed Use 1 (CMU1-746)(H) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 1 (CMU1-659)(H) Zone" by this by-law shall
apply to those lands zoned "Core Mixed Use 1(CMU1-746) (H) Zone", subject to the
following special provisions:
a) Minimum Interior Side Yard (westerly) - 0 metres
b) Maximum Number of Dwelling Units - 230