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SECTION 20
DOWNTOWN AREA (DA) ZONE
20.1 GENERAL PURPOSE OF THE DA ZONE
This Zone provides for and regulates the City's most dominant and intensive
commercial business area which serve the City and region. The permitted uses
include a full range of commercial, service, and office uses with residential uses
permitted above the first floor. Zone variations are established to emphasize the
pedestrian-oriented shopping area and to regulate the scale of retail permitted.
The primary difference between the DA1 Zone and the DA2 Zone variation is that
the DA1 Zone is applied to main retail shopping area centred along Dundas and
Richmond Streets. The DA2 Zone variation is applied to the other peripheral
areas of the Downtown and permits ground level office and residential uses.
20.2 PERMITTED USES
No person shall erect or use any building or structure, or use any land or cause
or permit any building or structure to be erected or used, or cause or permit any
land to be used, in any DA Zone variation for any use other than the following
uses:
DA1
The following are permitted uses in the DA1 Zone variation:
a)
(deleted by Z.-1-96435)
b)
Retail stores;
c)
Supermarkets;
d)
Amusement game establishments restricted to locations within
shopping centres, entertainment complexes and hotels;
(Deleted and replaced by Z.-1-96458 - O.M.B. File No. R 980046 -
Order Issue Date: June 25, 1998)
e)
Apartment buildings with dwelling units restricted to the rear portion
of the ground floor or on second floor or above with any or all of the
other permitted uses in the front portion of the ground floor;
(Z.-1-94263)(Z.-1-98618)
f)
Apartment hotels with rooms restricted to the rear portion of the
ground floor or on the second floor or above with any or all of the
other permitted uses in the front portion of the ground floor;
(Z.-1-94263) (Z.-1-98618)
g)
Art galleries;
h)
Assembly halls;
i)
Bake shops;
j)
Clinics;
k)
Commercial parking structures;
l)
Commercial recreation establishments;
m)
Convenience stores;
n)
Day care centres;
o)
Dry cleaning and laundry depots;
p)
Duplicating shops;
q)
Dwelling units restricted to the rear portion of the ground floor or on
the second floor or above with any or all of the other permitted uses
in the front portion of the ground floor; (Z.-1-98618)
r)
Emergency care establishments;
s)
Film processing depots;
t)
Financial institutions;
u)
Funeral homes;
v)
Group homes type 2;
w)
Hotels;
x)
Institutions;
y)
Laboratories;
z)
Laundromats;
aa)
Libraries;
bb)
Medical/dental offices;
cc)
Museums;
dd)
Offices, with the exception of service offices, restricted to the
second floor and above;(Z.-1-00819)
ee)
Patient testing centre laboratories;
ff)
Personal service establishments;
gg)
Place of Worship;
hh)
Printing establishments;
ii)
Private clubs;
jj)
Repair and rental establishments;
kk)
Restaurants;
ll)
Restaurants, outdoor patio;
mm) Schools;
nn)
Senior citizen apartment buildings with units restricted to the rear
portion of the ground floor or on the second floor or above with any
or all the other permitted uses in the front portion of the ground
floor;(Z.-1-98618)
oo)
Service and repair establishments;
pp)
Service trades;
qq)
Studios;
rr)
Taverns;
ss)
Theatres and cinemas;
tt)
Video rental establishments;
uu)
Lodging house class 2; (Z.-1-93172)
vv)
Place of Entertainment.
(Z.-1-96458 - O.M.B. File No. R 980047 - Order Issue Date: June
25, 1998)
ww)
Accessory dwelling units restricted to the rear portion of the ground
floor or on the second floor or above with any or all of the other
permitted uses in the front portion of the ground floor; (Z.-1-98618)
xx)
Brewing on Premises Establishment. (Z.-1-021027)
yy)
Artisan Workshop (Z.-1-172561)
zz)
Craft Brewery (Z.-1-172561)
DA2
The following are permitted uses in the DA2 Zone variation:
a)
Retail stores;
b)
Supermarkets;
c)
Amusement game establishments;
d)
Apartment buildings; (Z.-1-98577) (Z.-1-94263)
e)
Apartment hotel; (Z.-1-98577) (Z.-1-94263)
f)
Art galleries;
g)
Assembly halls;
h)
Bake shops;
i)
Clinics;
j)
Commercial parking structures;
k)
Commercial recreation establishments;
l)
Convenience stores;
m)
Day care centres;
n)
Dry cleaning and laundry depots;
o)
Duplicating shops;
p)
Dwelling units; (Z.-1-98577)
q)
Emergency care establishments;
r)
Film processing depots;
s)
Financial institutions;
y)
Funeral homes;
u)
Group home type 2;
v)
Hotels;
w)
Institutions;
x)
Laboratories;
y)
Laundromats;
z)
Libraries;
aa)
Medical/dental offices;
bb)
Museums;
cc)
Offices;
dd)
Patient testing centre laboratories;
ee)
Personal service establishments;
ff)
Places of Worship;
gg)
Printing establishments;
hh)
Private clubs;
ii)
Repair and rental establishments;
jj)
Restaurants;
kk)
Restaurants, outdoor patio;
ll)
Schools;
mm) Senior citizen apartment buildings; (Z.-1-98577)
nn)
Service and repair establishments;
oo)
Service trades;
pp)
Studios;
qq)
Taverns;
rr)
Theatres and cinemas;
ss)
Video rental establishments;
tt)
Lodging house class 2; (Z.-1-93172)
uu)
Place of Entertainment. (Z.-1-96458 - O.M.B. File No. R 980047 -
Order Issue Date: June 25, 1998)
vv)
Artisan Workshop (Z.-1-172561)
ww)
Craft Brewery (Z.-1-172561)
20.3 REGULATIONS
No person shall erect or use any building or structure, or use any land or cause
or permit any building or structure to be erected or used, or cause or permit
any land to be used, in any DA Zone variation except in conformity with the
regulations as set out below or in Table 20.3 or as set out on the Zoning Maps.
1)
FRONT AND EXTERIOR SIDE YARD DEPTH (MINIMUM/MAXIMUM)
For all properties abutting Dundas Street and Richmond Street, 1 metre
(3.3 feet) for each 2 metres (6.6 feet) of building greater than 15 metres
(49.2 feet) in height above the 15 metres (49.2 feet) height. For all
portions of the building between 0.0 metres and 15 metres (49.2 feet) in
height, the maximum setback permitted shall be 3.0 metres (9.8 feet).
2)
BUILDING FORM
Buildings may take the form of shopping centres, mixed use buildings or
stand alone structures.
3)
RESIDENTIAL COMPONENT OF BUILDINGS
The required setback for the residential portion of buildings shall be 1.2
metres (3.9 feet) per 3.metres (9.8 feet) of main building height or a
fraction thereof above 15 metres (49.2 feet).
4)
ACCESSORY PARKING LOTS
Accessory parking lots are not permitted in any of the Downtown Area
(DA) Zone variations along Dundas Street between Ridout Street and
Wellington Street and along Richmond Street between York Street and
Queens Avenue.
(Z.-1-99698)
5)
DRIVE-THROUGH FACILITIES
Drive-through facilities, either as a main or accessory use, are not
permitted in the Downtown Area (DA) Zone. (Z.-1-081795)
6)
DA GROSS FLOOR AREA (MAXIMUM)
The maximum gross floor area for specific individual uses in the DA1 and
DA2 Zone variations shall be as follows:
Artisan Workshop
500m2 (5,382 sq.ft.)
Craft Brewery
500m2 (5,382 sq.ft.) (Z.-1-172561)
7)
REQUIRED GROUND FLOOR USES FOR ARTISAN WORKSHOP AND
CRAFT BREWERY
Where located on the ground floor with street front access, Artisan
Workshop and Craft Brewery uses shall include a retail store or restaurant
that:
is located within the main building or unit occupied by the Artisan
Workshop or Craft Brewery use;
is a minimum of 10% of the gross floor area (GFA) of the main building or
unit;
is located within the front portion of the ground floor; and,
is accessible via the front of the building. (Z.-1-172561)
20.4 SPECIAL PROVISIONS
The following zone variations apply to unique or existing situations and are not
the standard DA Zone variations. If a regulation or use is not specified, the list of
permitted uses and/or the regulations of Section 20.2 and/or Section 20.3 shall
apply.
DA1 Zone Variation
DA1(1)
a)
Additional Permitted Uses:
i)
A convention centre.
DA1(2)
a)
Regulations:
i)
Height
110.0 metres (361.0 feet);
(Maximum)
ii)
Floor Area Ratio
11:1
(Maximum)
iii)
Parking Required
1 space per
(Minimum)
100.0 square metres
(1,076.4 square feet).
DA1(3)
a)
Regulations:
i)
Floor Area Ratio
10:1
(Maximum)
DA1(4)
a)
Regulations:
i)
Floor Area Ratio
10:1
(Maximum)
ii)
There is no setback required.
(Z.-1-91013)
DA1(5)
a)
Additional Permitted Uses:
i)
Convention centre;
ii)
Car wash associated with a commercial parking structure.
b)
Regulations:
i)
Floor Area Ratio
10:1
(Maximum)
ii)
Residential Density Bonus:
(1)
For every 70 square metres (753.0 square feet) of
exterior common open space provided at grade in
excess of the landscaped space provided at grade in
excess of the landscaped open space required by the
By-law, the density of the residential development
may be increased by one unit per hectare. No
rounding of the square meterage provided is allowed
for by this provision. Building height may not be
increased to achieve the increased exterior common
open space.
AND/OR
(2)
The maximum permitted density of the residential
development may be increased by one per cent (1.0
%) for every three per cent (3.0%) of the required
parking that is supplied underground.
BUT
The accumulative impact of applying the Bonus
provisions shall not result in a density of more than
fifty per cent (50 %) greater than the density permitted
by the non-bonused site.
iii)
The Downtown Area Zone, the minimum setback for the
block bounded by Dundas, King, Ridout and Talbot Streets
shall be 0.0 metres. (Z.-1-91030)
DA1(6)
a)
Additional Permitted Uses:
i)
Apartment buildings, senior citizen apartment buildings,
apartment hotels, dwelling units and accessory dwelling
units may be permitted in the front portion of the ground
floor.
(Z.-1-98618)
DA1(7)
a)
Additional Permitted Uses:
i)
Residential uses are permitted on all floors including the
main floor and lower level.
b)
Regulations:
i)
Number of dwelling
32
units permitted within
the existing building
(Maximum)
(Z.-1-00781)
DA1(8)
a)
Regulations:
i)
Bicycle Parking Spaces
348
(Minimum)
ii)
Setback for Residential
0.0 m
Component of Building
(Minimum)
(Z.-1-061557)
DA1(9)
a)
Additional Permitted Use:
i)
Apartment buildings, senior citizen apartment buildings,
apartment hotels, dwelling units and accessory dwelling
units may be permitted in the front portion of the ground
floor.
b)
Regulation:
i)
Maximum Number of dwelling
219
units permitted within the
existing building
notwithstanding any other
density regulations applied
to this site.
(Z.-1-071670)
DA1(10)
150 Dundas Street
a)
Prohibited Uses
i)
any surface, commercial or accessory parking lot which may
or may not be for hire or gain (Z.-1-1726101)
DA2 Zone Variation
DA2(1)
a)
Permitted Uses:
i)
Bus stations;
ii)
Automotive uses;
iii)
Parking lots;
iv)
Taxi establishments.
DA2(2)
a)
Prohibited uses:
i)
Above ground commercial parking structures and above
ground accessory parking structures.
(O.M.B. File #R 910387 - Appeal #2028 May 19, 1994)
DA2(3)
a)
Regulations:
i)
Permitted uses only in existing buildings.
ii)
Height as existing on the date of the passing of By-law No.
Z.-1.
(Z.-1-96453)
DA2(4)
a)
Regulations:
i)
Interior Side Yard and
0.0 m
Rear Yard for Residential
Component of Building
(Minimum)
ii)
Yard Depth for
1.2 metres (3.9 feet)
Balconies on Apartment
Buildings
(Minimum)
(Z.-1-98590)
DA2(5)
a)
Regulation:
i)
Commercial Use (Maximum Gross Floor Area) 100 square
metres (1,076 square feet).
(Z.-1-051380)
DA2(6)
300- 320 King Street
a)
Regulations for 300-320 King Street
i)
Maximum density of 940 units per hectare
b)
Regulations for the proposed new mixed-use building at 320 King
Street
i)
Maximum height of 112 metres (35 storeys)
ii)
0% landscaped open space
iii)
Maximum Lot Coverage of 97%
iv)
Minimum North Yard Setback to Tower Component of
12.0metres
v)
West Yard Setback to Tower Component of 15.0metres
vi)
South Yard Setback to Tower Component of 5.0metres
Minimum East Yard Setback to Tower Component of
5.0metres (Z.-1-233103)
DA2(7)
50 King Street & 399 Ridout Street North
a)
Regulations
i)
Height
53 storeys 186m (610 ft)
(Maximum)
ii)
Density
1,250 Units Per Hectare
(Maximum)
iii)
Retail Gross Floor Area
5,000 square metres
(Maximum)
iv)
Tower Floorplate
1,000 square metres
Gross Floor Area
(Maximum)
v)
Setback for residential component
0m
(Minimum)
vi)
Front and exterior yard
1.0m
depth for ground floor
(Minimum)
vii)
Ground Floor Height Tower 1
4.5m
(Minimum)
viii)
Podium Height for Tower 1
20.5m
(Maximum)
ix)
Stepback for 75% of Tower 1 east
5.0m
façade along Ridout Street North
(Minimum)
x)
Stepback for 75% of Tower 1 north
5.0m
façade along interior courtyard
(Minimum)
xi)
Stepback for 75% of Tower 1 south
5.0m
façade along King Street
(Minimum)
xii)
Stepback for 75% of Tower 2 south
5.0m
façade along King Street
(Minimum)
xiii)
Distance between
25.0m
Tower 1 and Tower 2
(Minimum)
xiv)
Main building, accessory structure
12.0m
and underground parking setback
from courthouse building and gaol
(Minimum)
xv)
Vehicle parking prohibited on ground floor or above
xvi)
Retail space permitted on all floors
(Z.-1-233148)
DA2(8)
267 York Street
a)
Regulations
i)
Height (Maximum) - 150.0 metres
ii)
Density (Maximum) - 2,280 units per hectare
iii)
Setback to Residential Component of Buildings (Minimum) -
0.0 metres
iv)
Interior Side Yard Depth (Westerly) above the 8th storey
(Minimum) - 12.5 metres
v)
Tower floor plate above the 8th storey (Maximum) - 1000
square metres
vi)
Tower Separation distance (Minimum) - 23.0 metres
vii) Ground floor height (Minimum) - 4.0 metres
viii) Tower stepback for the entirety of the north facades above the
8th storey (Minimum) - 1.0 metres
ix)
Tower stepback for 50% of the north façades above the 8th
storey (Minimum) - 3.0 metres
(Z.-1-243242)
TABLE 20.3
DOWNTOWN AREA (DA) ZONE
REGULATIONS FOR DA ZONE VARIATIONS
ZONE VARIATIONS:
DA1
DA2
PERMITTED USES
See Section 20.2(1)
See Section 20.2(2)
LOT FRONTAGE (m)
MINIMUM:
3.0
ALL YARD DEPTHS (m)
MINIMUM:
0.0
See Sections 20.3(1)
And 20.3(3)
0.0
ALL YARD DEPTHS
ABUTTING A
RESIDENTIAL ZONE (m)
MINIMUM:
0.0
See Section 20.3(3)
0.5 metres (1.6 feet) for
each 4.0 metres (13.1 feet)
of building height or
fraction thereof, but in no
case less than 6.0 metres
(19.7 feet)
LANDSCAPED OPEN
SPACE (%)
MINIMUM:
0
5
LOT COVERAGE (%)
MAXIMUM:
100
95
HEIGHT (m)
MAXIMUM:
90
See Section 3.8(2)(d) Holding Provisions and Zone Map
DENSITY - UNITS PER
HECTARE
MAXIMUM:
See Zone Map
FLOOR AREA RATIO
FOR NON-RESIDENTIAL
USES:
6:1
GROSS FLOOR AREA
RETAIL (m2)
MAXIMUM:
N/A
The lesser of 20% or 5 000
LOCATION OF
RESIDENTIAL USES:
Restricted to the 2nd floor
or higher
N/A
LOCATION OF RETAIL
USES:
N/A
Restricted to the 1st and
2nd floors