Bylaw test
Top of page
PART 4: USES AND USE RULES
Division 1: General Provisions
Interpretation
2
Every use is classified as belonging to a group of uses as set out in Schedule A to this Bylaw, which is referenced only to compare and contrast related uses.
3
All subsections and clauses that precede the subsection indicating within which group of uses a use belongs in Schedule A are part of the definition of that use and must not be relaxed in accordance with section 40. All subsections and clauses that follow the use classification are rules and may be relaxed at the discretion of the Development Authority, in accordance with section 31 or 36, unless this Bylaw specifically provides that it is a rule that must not be relaxed.
4
Unless otherwise referenced in subsection (7), the use definitions must not be interpreted to include a development that clearly falls within another defined use.
5
Where a development is capable of being more than one use, the use under which the development more clearly fits must govern.
6
Every definition of a use must be read to allow for all things necessary or customary for the use and includes ancillary functions, such as, but not limited to, reception and administration areas, storage areas, toilet facilities, staff rooms, loading and unloading facilities and the storage of fleet vehicles.
Identification of Proposed Uses within a Development Permit Application
131
1
When a proposed development is not a listed use within the applicable land use district the development permit application must be refused.
2
When a proposed development includes multiple uses, subject to any restrictions on use combinations contained within this Bylaw, the Development Authority must issue a single development permit listing each approved use.
3
The Development Authority must consider a proposed development as a discretionary use in accordance with the requirements of Part 2, Division 5 if the development permit application is for:
Commencement of Development for a Development Permit Authorizing Multiple Uses
132
Where a development permit application for multiple uses is approved, the provisions respecting commencement of development referenced in section 44 apply to all uses approved by the development permit.
Rules for All Uses
133
1
In addition to all of the setback area rules required by this Bylaw, the Development Authority must ensure that all the setback requirements contained within the Subdivision and Development Regulation are satisfied.
2
Unless otherwise specified in a District, any required motor vehicle parking stalls, visitor parking stalls, bicycle parking stalls — class 1 and bicycle parking stalls — class 2 is specified in each use definition in this Part.
2.1
Where a District or use does not require a minimum number of required motor vehicle parking stalls:
i
the applicant for a development may provide motor vehicle parking stalls, and the applicant must indicate on the development permit application plans the number of provided motor vehicle parking stalls.
3
Unless otherwise referenced in this section, a change of use must satisfy the minimum motor vehicle parking stall requirement in effect for that use as of the date of the change of use.
4
A change of use is not required to provide any bicycle parking stalls or loading stalls where it occurs in a building that was legally constructed or approved.
5
A building may be constructed using modular construction methods but a Manufactured Home does not qualify as modular construction.
6
The production, processing, storage or sale of cannabis can only occur where it has been approved through a development permit for a use where it is specifically allowed in the use definition or rules.
Uses Not Listed But Allowed in All Districts
134
1
The following uses are permitted uses in all Districts, regardless of whether they are listed in the District:
2
The following uses are discretionary uses in all Districts, regardless of whether they are listed in the District:
Deemed Uses
134.1
1
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the General Industrial — Light use when the use is located in, or the Direct Control District references, the I-C, I-E, I-G or I-R Districts:
2
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the General Industrial — Medium use when the use is located in, or the Direct Control District references, the I-C, I-E, I-G or I-R Districts:
3
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Specialized Industrial use when the use is located in, or the Direct Control District references, the S-URP District:
4
In any development permit or Direct Control District approved after the effective date of this Bylaw:
b
Instructional Facility — Inside and Instructional Facility — Outside are deemed to be the Instructional Facility use;
e
Recycling Plant is deemed to be the Salvage Yard use when any part of the processes or functions related to the use are located outside of a building;
f
Recycling Plant is deemed to be the General Industrial — Light use when all of the processes and functions associated with the use are contained within a fully enclosed building;
g
Waste Disposal and Treatment Facility is deemed to be the Hazardous Waste Management Facility use when hazardous waste that is produced off-site is collected, stored, treated, or disposed of;
h
Waste Disposal and Treatment Facility is deemed to be the Landfill use when waste, other than hazardous waste, is disposed of by placing it on or in land;
i
Waste Disposal and Treatment Facility is deemed to be the Waste Storage Site use when waste, other than hazardous waste, is stored in piles or inside buildings before being transported to another parcel for treatment or disposal; and
5
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Retail and Consumer Service use:
6
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Backyard Suite use:
7
In any development permit or Direct Control District approved after the effective date of this Bylaw, a Beverage Container Drop-Off Depot is deemed to be the Recyclable Material Drop-Off Depot.
8
In any development permit or Direct Control District approved after the effective date of this Bylaw:
9
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Health Care Service use:
10
In any development permit or Direct Control District approved after the effective date of this Bylaw, Market is deemed to be Retail and Consumer Service.
11
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Restaurant: Food Service Only use:
12
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Restaurant: Licensed use:
13
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the Vehicle Storage use:
14
In any development permit or Direct Control District approved after the effective date of this Bylaw, the following uses are deemed to be the General Industrial – Light use when the use is located in, or the Direct Control district references the I-B District:
Pop-up Uses
ii
on a parcel designated as a Direct Control District, designated after the effective date of this Bylaw, and the Direct Control District is based on the land use districts listed in subsection (i);
Interim Uses
ii
on a parcel designated as a Direct Control District, designated after the effective date of this Bylaw, and the Direct Control District is based on the land use districts listed in subsection (i);