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MD - Mixed-Use Downtown Zone (Sections 193-194)
Purpose of the Zone
The purpose of the MD - Mixed-Use Downtown Zone is to:
(1)
support the Central Area, as designated in the Official Plan, as the central place in the
region for employment and shopping while also allowing residential, cultural and
entertainment uses;
(2)
ensure that the Character Areas in the Central Area, namely the Core Area, the
Parliamentary Precinct, the ByWard Market, the Rideau/Congress Centre, the Canal
Area, Lowertown, Upper Town, Sandy Hill West, LeBreton Flats and the four Business
Improvement Areas, Rideau, Sparks, ByWard Market and Bank Streets, continue to serve
as primary business or shopping areas and maintain their distinct character;
(3)
facilitate more intense, compatible and complementary development to ensure that the
active, pedestrian-oriented environment at street level, particularly along Bank Street,
Sparks Street and Rideau Street is sustained; and
(4)
impose development standards that will protect the visual integrity and symbolic primacy
of the Parliament Buildings and be in keeping with the existing scale, character and
function of the various Character Areas and Business Improvement Areas in the Central
Area while having regard to the heritage structures of the Central Area.
193.
In the MD Zone:
Permitted Uses
(1)
The following uses are permitted subject to:
(a)
the provisions of subsections 193(2) to (6);
(b)
car wash being located in a building containing another permitted use;
(c)
a parking garage being permitted if 100% of the ground floor fronting on the
street, excluding mechanical room, and pedestrian and vehicular access, is
occupied by uses listed under subsection 193(2) below, for a minimum depth of 3
metres;
amusement centre
animal care establishment
apartment dwelling, low rise
apartment dwelling, mid rise (By-law 2014-292)
apartment dwelling, high rise (By-law 2014-292)
artist studio
bank
bank machine
bar
bed and breakfast, see Part 5, Section 121
broadcasting studio
catering establishment
cinema
click and collect facility (By-law 2016-289)
community centre
community health and resource centre
convenience store
court house
day care
diplomatic mission, see Part 3, Section 88
dwelling unit
emergency service
group home, see Part 5, Section 125
home-based business see Part 5, Section 127
home-based day care, see Part 5, Section 129
hotel
instructional facility
library
medical facility
municipal service centre
museum
nightclub
office
park
parking garage
payday loan establishment (By-law 2017-302)
personal brewing facility (By-law 2019-41)
personal service business
place of assembly
place of worship
post office
production studio
recreational and athletic facility
research and development centre
residential care facility
restaurant
retail food store
retail store
retirement home
retirement home, converted see Part 5, Section 122
rooming house (By-law 2018-206)
school
service and repair shop
shelter, see Part 5, Section 134
sports arena
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
storefront industry, see Part 3, Section 99 (By-law 2018-171)
technology industry
theatre
training centre
urban agriculture, see Part 3, Section 82 (By-law 2017-148)
(2)
At least 50% of the ground floor of any building must be occupied by one or more of the
following uses subject to:
(a)
not applying to a building occupied by a court house, diplomatic mission,
emergency service, place of worship and a school;
(b)
having separate and direct access to the street when located at ground floor
abutting a street; and (By-law 2019-41)
(c)
occupying 100% of that part of the ground floor fronting on a street, excluding
lobby area, mechanical room and access to other floors, for a minimum depth of
3.0 metres, when abutting one of the following streets:
(i)
Rideau Street,
(ii)
Bank Street,
(iii)
Sparks Street, between Elgin Street and Bank Street, and
(iv)
Elgin Street, between Sparks Street and Queen Street.
amusement centre
artist studio
bank
bank machine
bar
cinema
community centre
community health and resource centre
convenience store
hotel
instructional facility
library
medical facility
municipal service centre
museum
nightclub
payday loan establishment (By-law 2017-302)
personal brewing facility (By-law 2019-41)
personal service business
place of assembly
post office
recreational and athletic facility
restaurant
retail food store
retail store
service and repair shop
theatre
Zone Provisions
(3)
The zone provisions are set out in Table 193 below.
TABLE 193 - MD ZONE PROVISIONS
I
ZONING MECHANISMS
II
PROVISIONS
(a) Minimum lot area
No minimum
(b) Minimum lot width
No minimum
(c) Minimum front yard and corner side yard
No minimum
(d) Minimum interior side yard
No minimum
(e) Minimum rear yard
No minimum
I
ZONING MECHANISMS
II
PROVISIONS
(f) Maximum building height
(as per Schedules)
(g) Maximum floor space index
Not applicable unless otherwise shown
(h) Minimum width of landscaped area
No minimum, except that where a yard is provided
and not used for required driveways, aisles,
parking, loading spaces or outdoor commercial
patio, the whole yard must be landscaped
(i) Minimum width of landscaped area around a
parking lot
see Section 110 - Landscaping Provisions for
Parking Lots
(j) Provisions for buildings 10 storeys and higher
(i) for the purposes of this section, a tower is that
portion of a building over six storeys;
(ii) minimum lot area for a corner lot: 900 m2
(iii) minimum lot area for an interior lot: 1350 m2
(iv) minimum interior side and rear yard setback
for a tower: 7.5 m
(v) minimum separation distance between towers
on the same lot: 15m
(vi) lands shown in Schedule 401 are not subject
to Clause (j).(By-law 2019-353)
(4)
In addition to the regulations that apply to a nightclub or bar, the following regulations
apply to these uses located within the area shown on Schedule 7: (By-law 2008-343)
(a)
a nightclub or bar must not exceed a gross floor area of 500m2, and
(b)
a nightclub or bar with a gross floor area greater than 250m2 must be at least
100m from:
(i)
another nightclub or bar with a gross floor area greater than 250m2, or
(ii)
An I1, I2, R1, R2, R3, R4 or R5 primary zone, subzone or exception zone,
and
(c)
a nightclub or bar may not abut another nightclub or bar along a street frontage,
and
(d)
where adjoining nightclubs or bars are connected by internal passageways used
by patrons or staff, the total gross floor area of all the connected uses must be
calculated for the purposes of this subsection.
(5)
Outdoor storage is not permitted.
(6)
All parking spaces, whether principal, accessory, required or provided must be located in
a parking garage.
(7)
For other applicable provisions, see Part 2 - General Provisions, Part 3 - Special Use
provisions, and Part 4 - Parking and Loading Provisions.
(8)
(a)
Despite the list of permitted residential uses, where the zoning on a lot is
accompanied by an H suffix, schedule or exception that restricts building height to
less than 30m or to fewer than ten storeys on the entire lot, the use Apartment
Dwelling, High Rise is a prohibited use on that lot. (By-law 2015-192)
(b)
Despite the list of permitted residential uses, where the zoning on a lot is
accompanied by an H suffix, schedule or exception that restricts building height to
less than 15m or to fewer than five storeys on the entire lot, the use Apartment
Dwelling, Mid Rise is a prohibited use on that lot.(By-law 2014-292)
MD SUBZONES
194.
In the MD Zone, the following subzones apply:
MD1 SUBZONE
(1)
In the MD1 Subzone:
(a)
the following uses only are permitted:
broadcasting studio
court house
airport limited to a heliport
library
museum
office
park
parking garage
place of assembly
production studio
(b)
the following additional uses are permitted subject to:
(i)
being on the same lot as any one or more of the uses listed in subsection
194(1)(a) above;
(ii)
their cumulative total gross floor area not exceeding 10% of the
cumulative total gross floor area occupied by any one or more of the
uses permitted in subsection 194(1)(a); and
(iii)
being located in the interior of the lot in such a way that they are not
visible from a street;
artist studio
bank
bank machine
bar
convenience store
day care
dwelling unit, limited to a unit for a caretaker
payday loan establishment (By-law 2017-302)
personal service business
place of worship
post office
recreational and athletic facility
restaurant, full service
restaurant, take-out
retail food store
retail store
service and repair shop
(c)
the provisions of subsection 193(2) do not apply; and
(d)
despite Section 100 - General Provisions, Parking, Queuing and Loading
Provisions, the following provisions apply:
(i)
required parking for any use may locate on any lot in this zone; and
(ii)
required parking may be located in the front yard or corner side yard.
MD2 SUBZONE
(2)
In the MD2 Subzone:
(a)
100% of that part of the ground floor fronting on a street, excluding lobby area,
mechanical room and access to other floors, for a minimum depth of 3.0 metres,
may only be occupied by one or more of the following uses:
artist studio
bank
bank machine
bar
broadcasting studio
convenience store
hotel
municipal service centre
museum
nightclub
personal service business
production studio
restaurant
retail food store
retail store
service and repair shop
(b)
the cumulative total gross floor area of lobbies, mechanical rooms and access to
other floors must not exceed 50% of the gross floor area of the ground floor of the
building;
(c)
the maximum width of any permitted uses on the ground floor must be in
accordance with Table 194A, and measured as follows:
(i)
for the purpose of subsection194(2)(c) above, the width of a use is
calculated by measuring the length of the longest line drawn parallel to
the building façade that faces the street and extending from the
centerline of either exterior walls or party walls, as the case may be,
enclosing the use; and
TABLE 194A - MAXIMUM WIDTH OF USES AT GROUND FLOOR
I
STREET
II
BLOCK
III
MAXIMUM WIDTH OF
USES
1. Murray Street
between Sussex Drive and Dalhousie
Street
21 m
2. Clarence Street
between Sussex Drive and Parent
Street
21 m
3. Clarence Street
between Parent Street and Dalhousie
Street
12 m
4. York Street
between Sussex Drive and Dalhousie
Street
21 m
5. York Street (north side)
between Dalhousie Street and a point
measured 87.78 m east of Dalhousie
Street
11 m
6. York Street (north side)
between By Ward Market Square and
William Street
15 m
7. George Street
between Sussex Drive and Dalhousie
Street
21 m
8. Parent Street
between Clarence Street and mid-
block between St. Patrick Street and
Murray Street
15 m
9. By Ward Market Square (west
side)
between Clarence Street and York
Street
15 m
10. By Ward Market Square (west
side)
between York Street and George
Street except for corner occupancies
10 m
11. By Ward Market Square (west
side)
between York Street and George
Street for corner occupancies
20 m
12. By Ward Market Square (east
side)
between York Street and George
Street
10 m
13. By Ward Market Square (east
side)
between Clarence Street and York
Street
20 m
I
STREET
II
BLOCK
III
MAXIMUM WIDTH OF
USES
14. William Street (west side)
between York Street and George
Street
10.5 m
15. William Street (east side)
between Clarence Street and York
Street
21 m
16. William Street (east side)
between York Street and George
Street
6 m
17. Sussex Drive (east side)
between George Street and St.
Patrick Street
21 m
18. Dalhousie Street
between St. Patrick Street and
George Street
16 m
(d)
the provision of Subsection 193(3)(c) does not apply and the maximum front yard
and corner side yard is 1 metre.
MD3 SUBZONE
(3)
In the MD3 Subzone:
(a)
100% of that part of the ground floor fronting on a street, excluding lobby area,
mechanical room and access to other floors, for a minimum depth of 3.0 metres,
may only be occupied by one or more of the following uses: (By-law 2013-108)
retail food store
retail store, limited to the sale of arts and crafts. (By-law 2013-108)
MD4 SUBZONE
(4)
In the MD4 Subzone:
(a)
the following uses only are permitted subject to:
(i)
artist studio and retail store being located only on the ground floor or
basement of a building containing dwelling units; (By-law 2015-191)
(ii)
retail store, limited to the sales of art, art supplies, books and stationery;
apartment dwelling, low rise
artist studio
bed and breakfast, see Part 5, Section 121
day care
detached dwelling
diplomatic mission, see Part 3, Section 88
duplex dwelling, see Part 5, Section 138 (By-law 2010-307)
dwelling unit
group home, see Part 5, Section 125
home-based business, see Part 5, Section 127
home-based day care, see Part 5, Section 129
park
place of worship
planned unit development, see Part 5, Section 131
residential care facility
retail store
retirement home
retirement home, converted, see Part 5, Section 122
rooming house
additional dwelling unit
semi-detached dwelling, see Part 5, Section 138 (By-law 2010-307)
shelter, see Part 5, Section 134
stacked dwelling, see Part 5, Section 138 (By-law 2010-307)
three-unit dwelling
townhouse dwelling, see Part 5, Section 138 (By-law 2012-334) (By-law 2010-
307) (By-law 2018-206)
(b)
the provisions of subsection 193(3) do not apply and the provisions of Table 194B
below apply.
TABLE 194B - MD4 SUBZONE PROVISIONS
I
ZONING MECHANISMS
II
PROVISIONS
(i) Minimum lot area
No minimum
(ii) Minimum lot width
No minimum
(iii) Front yard and corner side yard
1. minimum
3 m
2. maximum
4 m
(iv) Minimum interior side yard
1.2 m
(v) Minimum rear yard
3 m
(vi) Maximum building height
(as per Schedules)
(vii) Maximum floor space index
No maximum
(viii) Minimum width of landscaped area
No minimum, except that where a yard is
provided and not used for required
driveways, aisles, parking, loading spaces
or outdoor commercial patio, the whole
yard must be landscaped
(ix) Minimum width of landscaped area around a parking
lot
see Section 110 - Landscaping
Provisions for Parking Lots
(c)
for other applicable provisions, see Part 2 - General Provisions, Part 3 - Special
Use provisions, and Part 4 - Parking and Loading Provisions.
MD5 SUBZONE
(5)
In the MD5 Subzone:
(a)
Area A as shown on Schedule 332 is one lot for zoning purposes;
(b)
Area B as shown on Schedule 332 is one lot for zoning purposes;
(c)
Area C as shown on Schedule 332 is one lot for zoning purposes;
(d)
Despite a, b, and c above, required parking may be located on any lot within the
MD5 subzone;
(e)
Where two or more buildings or parts of buildings on the same lot are greater
than nine storeys in height, those parts of the buildings higher than nine storeys
tall must be a minimum of 15 metres away from each other;
(f)
Maximum building heights as per Schedule 332;
(g)
The maximum number of buildings over nine storeys for Area A as shown on
Schedule 332 is four;
(h)
The maximum number of buildings over nine storeys, for Area B as shown on
Schedule 332 is two; and
(i)
The maximum total floor area, with no exclusions, for each portion of the building
over the ninth-storey is 700 square metres. (OMB Order File #PL141340, issued
November 17, 2015) (By-law 2014-395)