MU1

This part outlines specific regulation that applies to the City’s Land Use Districts.

 

5.15 MU1 - Mixed-Use Level 1 District

1. Application
   
   This section applies to the areas designated as Mixed-Use Level 1 (MU1) District on the Land Use District Map, Schedule A of this Bylaw.
2. Purpose
   
   The purpose of the MU1 District is to allow suburban mixed-use development Mixed-Use Building means the development of a building with a variety of complementary and integrated uses, which includes a residential component and a non-residential component, in a compact, urban form. The non-residential component may include office, retail, government service, restaurant, or entertainment in a compact urban form. that provides access to compact, pedestrian-friendly sites, and a variety of commercial, institutional, and residential uses. This District allows medium-density built forms where multiple-unit dwellings can be arranged side-by-side or stacked, while permitting lower-storey Storey means the space between the top of any floor above finished grade, and the top of the next floor above it and, if there is no floor above it, the part between the top of the floor and the ceiling above it. The bottom storey of a building located at street level is commonly referred to as the ground storey. For the purposes of calculating a storey, walkout basements are not included. non-residential uses. This District promotes a range of small-scale commercial uses that support the day-to-day needs of residents and the surrounding area.
3. Permitted and Discretionary Uses

4. Application Requirements
   1. In addition to the plans and information required under section 2.4, an Applicant for a Development Permit within a MU1 District must submit, to the satisfaction of the Development Authority Development Authority has the same meaning as set out in the MGA.:
      1. An overall conceptual site development plan for the area designated as MU1 or, if the Applicant is only developing a portion of the subject area, a site development plan in relation to the portion to be developed, in which plan the Applicant has illustrated how the development will be integrated within the area designated as MU1;
      2. The overall conceptual site development plan is considered to be non-binding.
      3. A traffic impact assessment that demonstrates that traffic impacts are compatible with the purpose of the MU1 District, and do not prejudice safety and traffic movements within the area designated as MU1 or on adjacent public roadways Public Roadway means a road as defined in section 616 of the MGA and does not include a private roadway or highway.; and
      4. Details regarding the architectural theme for a development, including design drawings illustrating the colour scheme, building materials, and any architectural guidelines proposed for the development.
5. Performance Standards
   1. All applications shall be considered with regard to the following Performance Standards:
      1. How site design contributes to streetscape and the surrounding area;
      2. Appropriate location of uses to support an active streetscape and fit within the area;
      3. High-quality building design integrated with streetscape and surrounding buildings;
      4. Pedestrian orientation; and
      5. Well-designed amenity areas Amenity Area means any portion of a development site intended for active or passive recreation, including landscaped areas, patios, and balconies..
6. Lot Frontage
   1. The minimum lot frontage Lot Frontage means the width of a lot or site at the front property line adjoining a public roadway. is 25.00 m 82.02 ft..
7. Site Density Site Density means the number of dwelling units per hectare of site area.
   1. The minimum dwelling unit Dwelling or Dwelling Unit means a self-contained residence comprising cooking, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby, or stairway inside a building, but does not include any part of a hospital, hotel, or recreation vehicle. density Density means the number of dwelling units and live/work units on a lot, expressed in units per hectare or in units per lot, not including secondary suites. for a residential use Residential Use means congregate living (level one), congregate living (level two), dwelling (apartment), dwelling (duplex), dwelling (manufactured home), dwelling (secondary), dwelling (semi-detached), dwelling (single detached), dwelling (townhouse - complex), dwelling (townhouse - plex), dwelling (townhouse - single), dwelling unit above a non-residential use, group home, secondary suite (garage), secondary suite (garden), secondary suite (internal), supportive living accommodation, or townhousing. must be at least 40 dwelling units per net hectare and cannot exceed a maximum of 100 dwelling units per net hectare.
8. Site Density Bonus
   1. Notwithstanding section (7)(a), the maximum site density Site Density means the number of dwelling units per hectare of site area. may be increased up to 125 dwelling units per net hectare, only if the following conditions are met:
      1. A minimum of 70% of required parking Parking means leaving a vehicle temporarily on a lot or site. stalls are provided in a parking structure (underground) Parking Structure (Underground) means a building or portion thereof used for the parking of vehicles, where the majority of the parking structure is contained below finished grade., or within a parking structure Parking Structure means a building or portion thereof used for the parking of vehicles, and may be located either below, at, or above finished grade. integrated within the building, including high-quality exterior finishing that matches or complements the principal building Principal Building means a building that accommodates the principal use of a lot or site. exterior, to the satisfaction of the Development Authority Development Authority has the same meaning as set out in the MGA.;
      2. A minimum of 5% of dwelling units shall be provided as affordable non-market housing Affordable Non-Market Housing is as defined in the Council Policy C-P&E-06 Affordable Housing.; and
      3. In the opinion of the Development Authority, at least one of the following site improvements are provided:
         1. Wider sidewalks or walkways internal to the site, together with street furniture, to the satisfaction of the Development Authority;
         2. Enhanced landscaping Landscaping means preserving, enhancing, or incorporating vegetative and other materials in a development, and includes combining new or existing vegetative materials with architectural elements, existing site features, or other development features – including fences or walls., to the satisfaction of the Development Authority;
         3. Landscaping that is drought-tolerant, reducing the need for irrigation;
         4. Green building products or technologies that reduce the carbon footprint or increase energy efficiency;
         5. Barrier-free Barrier-Free means to allow proper and safe access and use of buildings, facilities, and open areas, with a proper and safe outcome for accessibility. design is implemented into dwelling units Dwelling or Dwelling Unit means a self-contained residence comprising cooking, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby, or stairway inside a building, but does not include any part of a hospital, hotel, or recreation vehicle. and the exterior feature of the site; or
         6. Indoor or outdoor amenity area (common) Amenity Area (Common) means any portion of a development intended for active or passive recreation that is designed for the common usage of the owners and residents within a development. These areas may include one or more of the following: plazas, courtyards, recreation areas, swimming pools, tennis courts, bike storage rooms, common gathering rooms, gardens, private parks, and open spaces, including elements such as street furnishings, hard-surfacing, plantings, and architectural features that create a strong sense of communal gathering space., in addition to the minimum required common and private amenity area Amenity Area (Private) means a balcony, patio, deck, or other similar structure which is attached to and has a private entrance from the interior of a dwelling unit., when:
            1. Provided at a ratio of 1.50 m² 16.15 sq. ft. per dwelling unit;
            2. Grouped into areas of not less than 30.00 m² 322.91 sq. ft.; and
            3. Not located in any required setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections..
9. Building Height
   1. The maximum building height is 22.00 m 72.18 ft..
      1. Notwithstanding section (a), at the discretion of the Development Authority, the maximum building height may be increased up to 35.00 m 114.83 ft., subject to the provisions of this District. Application of this additional height bonus shall not be considered a variance Variance means a deviation or waiver of a development regulation. A site density bonus or height bonus is not a variance..
10. Building Frontage
    1. For a ground-floor non-residential use, the ground-floor frontage shall be divided into horizontal units to a maximum width of 15.00 m 49.21 ft..
       1. Notwithstanding section (a), the Development Authority may permit a ground-floor unit frontage greater than 15.00 m 49.21 ft. if the façade Façade means the exterior, outward face of the building. is:
          1. Designed to maintain the continuity of the streetscape; and
          2. Creates the appearance of a series of smaller units.
    2. A building must provide a public pedestrian walkthrough or frontage break along the ground floor after each building length of no more than 90.00 m 295.28 ft..
11. Building Setback - Building Equal to or Less Than 15.00 m 49.21 ft. in Height
    1. For a non-residential use, dwelling (apartment) Dwelling (Apartment) means a building containing three or more principal dwelling units with a common entrance from the exterior., or dwelling unit Dwelling or Dwelling Unit means a self-contained residence comprising cooking, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby, or stairway inside a building, but does not include any part of a hospital, hotel, or recreation vehicle. above a non-residential use equal to or less than 15.00 m 49.21 ft. in height:
       1. Front yard setback
          1. The minimum front yard building setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. is 6.00 m 19.65 ft.;
          2. Notwithstanding section (A), a front yard building setback may be reduced to 3.50 m 11.48 ft. when the space between the building and the lot line is used for landscaping Landscaping means preserving, enhancing, or incorporating vegetative and other materials in a development, and includes combining new or existing vegetative materials with architectural elements, existing site features, or other development features – including fences or walls. or pedestrian features such as sidewalks, plazas Plaza means an open space that provides opportunity for community gathering, events, and social interactions., and publicly accessible amenity areas Amenity Area means any portion of a development site intended for active or passive recreation, including landscaped areas, patios, and balconies., and is not used for parking Parking means leaving a vehicle temporarily on a lot or site.;
       2. Side yard setback
          1. The minimum side yard building setback is:
             1. 2.50 m 8.20 ft. for a development adjacent to a Non-Residential District Non-Residential District includes a Commercial District, Industrial District, Special District, and any non-residential component of a Mixed-Use District. or use; and
             2. 6.00 m 19.65 ft. for a development adjacent to a Residential District Residential District includes the LDR, SLR, LLR, FBR, MDR, HDR, MID (areas A and B), and ICC (Area A) Districts. or use;
          2. Notwithstanding section (A)(I), a 0.00 m side yard building setback may be approved when traffic circulation or deliveries would not be adversely affected; and
       3. Rear yard setback
          1. The minimum rear yard building setback is:
             1. 3.50 m 11.48 ft. for developments adjacent to a Non-Residential District or use; and
             2. 6.00 m 19.65 ft. for developments adjacent to a Residential District or use.
12. Building Setback – Building Greater Than 15.00 m 49.21 ft. In Height
    1. For a non-residential use, dwelling (apartment) Dwelling (Apartment) means a building containing three or more principal dwelling units with a common entrance from the exterior., or dwelling unit Dwelling or Dwelling Unit means a self-contained residence comprising cooking, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby, or stairway inside a building, but does not include any part of a hospital, hotel, or recreation vehicle. above a non-residential use greater than 15.00 m 49.21 ft. in height:
       1. Front yard setback
          1. The minimum front yard building setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. is 6.00 m 19.65 ft.;
       2. Side yard setback
          1. The minimum side yard building setback is 5.00 m 16.40 ft., unless otherwise determined by the Development Authority Development Authority has the same meaning as set out in the MGA., taking into account adjacent uses and on-site On-Site means a location on the site which is the subject of a development. constraints; and
       3. Rear yard setback
          1. The minimum rear yard building setback is 6.00 m 19.65 ft., unless otherwise determined by the Development Authority, taking into account adjacent uses and on-site constraints.
13. Accessory Building Setback
    1. The minimum setback for an accessory building is 3.00 m 9.84 ft..
14. Design, Character, and Appearance of Buildings
    1. In addition to the requirements of sections 3.12 ‘Design, Character, and Appearance of a Building,’ 3.52 ‘Design, Character, and Appearance of Residential Buildings,’ and 3.80 ‘Design, Character, and Appearance of Non-Residential Buildings,’ all buildings in this district must be finished as follows to the satisfaction of the Development Authority:
       1. Design techniques, including the use of variations in building setbacks and articulation of building façades Façade means the exterior, outward face of the building., in order to create architectural interest, and minimize the perceived mass and linearity of buildings;
       2. Establishment of a common architectural theme for a development, including principal design elements, finishing materials, colours, and roof style; and
       3. Building exteriors shall be stamped concrete, cementitious boards or panels, exposed aggregate, stucco, vinyl siding, fibre cement siding, wood siding, glass, brick, brick veneer, natural stone, wood timber, or metal accents.
          1. Notwithstanding section (iii), alternative building materials may be considered if, in the opinion of the Development Authority, the proposed materials meet the overall character of the District.
15. Building Design
    1. The Development Authority may require that a building be designed with a podium, as follows:
       1. Provide a minimum 7.50 m 24.60 ft. high podium, but no podium shall exceed 15.00 m 49.21 ft. in height; and
       2. Provide a minimum front step-back from the podium of 3.00 m 9.84 ft., as measured from the building frontage Building Frontage means a wall or façade on the exterior of a building which faces a public roadway, other than a lane. of the lower storeys Storey means the space between the top of any floor above finished grade, and the top of the next floor above it and, if there is no floor above it, the part between the top of the floor and the ceiling above it. The bottom storey of a building located at street level is commonly referred to as the ground storey. For the purposes of calculating a storey, walkout basements are not included..
    2. Additional step-backs Step-Back means a horizontal recess to a building façade from the vertical façade immediately below it. may be required at higher storeys for the building if, in the opinion of the Development Authority, it is necessary to mitigate the building scale or wind, sun, or shadow impacts.
16. Floor Area
    1. Non-residential uses on a ground floor are limited to a maximum floor area Gross Floor Area means the total area of all floors of a building located totally or partially above finished grade, and the total area of all mechanical equipment areas. The area comprising the gross floor area must be enclosed or have a roof over the area, but does not require interior finishing. Gross floor area shall be measured: 1) To the outside surface of the exterior walls; or 2) Where buildings are separated by firewalls, to the centre line of the common firewalls. of 1,000.00 m² 10,763.90 sq. ft. per unit.
       1. Notwithstanding section (a), additional floor area is permitted when the unit extends to floors above the ground floor, or gives the appearance of a series of smaller units, in accordance with section (10).
17. Non-Residential Development
    1. A minimum of 30% of the gross floor area Gross Floor Area means the total area of all floors of a building located totally or partially above finished grade, and the total area of all mechanical equipment areas. The area comprising the gross floor area must be enclosed or have a roof over the area, but does not require interior finishing. Gross floor area shall be measured: 1) To the outside surface of the exterior walls; or 2) Where buildings are separated by firewalls, to the centre line of the common firewalls. of the ground floor of a mixed-use building must contain non-residential uses.
    2. A minimum of 8% of the total gross floor area shall be used for non-residential purposes. In determining this calculation, the Development Authority Development Authority has the same meaning as set out in the MGA. may consider the total non-residential site area for all buildings on multiple sites that comprise an integrated, mixed-use development.
    3. All single-use, non-residential buildings shall have a maximum footprint of 1,000.00 m² 10,763.90 sq. ft., and shall have a total gross floor area of less than 4,000.00 m² 43,055.64 sq. ft..
18. Residential Development
    1. All dwelling (townhouse-complex) Dwelling (Townhouse-Complex) means a development comprised of one or more buildings, each containing three or more dwelling units, all on a lot, where each unit has a separate, direct entrance from the exterior to grade.  No dwelling (townhouse-complex) shall have less than five dwelling units total. This use may also include stacked townhousing, or a development of a mixed form, including townhousing incorporated with a dwelling (apartment) or dwelling unit above a non-residential use.   developments in a MU1 District must comply with the following requirements for development in section 3.56 ‘Dwelling (Townhouse) Dwelling (Townhouse) means a building comprised of three or more dwelling units, where each unit has a separate, direct entrance from the exterior to grade, and includes dwelling (townhouse-single), dwelling (townhouse-plex), and dwelling (townhouse-complex). Typical examples include back-to-back townhouses, stacked townhouses, and street-oriented townhouses.:’
       1. Building separation distance;
       2. Amenity area (private) Amenity Area (Private) means a balcony, patio, deck, or other similar structure which is attached to and has a private entrance from the interior of a dwelling unit.;
       3. Amenity area (common) Amenity Area (Common) means any portion of a development intended for active or passive recreation that is designed for the common usage of the owners and residents within a development. These areas may include one or more of the following: plazas, courtyards, recreation areas, swimming pools, tennis courts, bike storage rooms, common gathering rooms, gardens, private parks, and open spaces, including elements such as street furnishings, hard-surfacing, plantings, and architectural features that create a strong sense of communal gathering space.;
       4. Vehicular access;
       5. Setbacks Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections.;
       6. Lot area Lot Area means the area of a lot, including any area dedicated to an easement or a right-of-way, as shown on a plan of subdivision or described in a copy of a certificate of title.;
       7. Lot frontage Lot Frontage means the width of a lot or site at the front property line adjoining a public roadway.; and
       8. Density Density means the number of dwelling units and live/work units on a lot, expressed in units per hectare or in units per lot, not including secondary suites..
19. Overhead Weather Protection
    1. In addition to the regulations in section 3.25 ‘Overhead Weather Protection:’
       1. All non-residential development located on the ground floor must provide continuous overhead weather protection for pedestrians for the entire building frontage Building Frontage means a wall or façade on the exterior of a building which faces a public roadway, other than a lane. adjoining a sidewalk;
       2. A dwelling (apartment) Dwelling (Apartment) means a building containing three or more principal dwelling units with a common entrance from the exterior., supportive living accommodation Supportive Living Accommodation means a development, in a multiple-dwelling or sleeping-unit form, that provides residents with access to on-site professional care and daily living support, and is recognized, authorized, licensed, or certified by a public authority., or a dwelling unit Dwelling or Dwelling Unit means a self-contained residence comprising cooking, washroom, living, and sleeping facilities with a separate private entrance from the exterior of a building or from a common hall, lobby, or stairway inside a building, but does not include any part of a hospital, hotel, or recreation vehicle. above a non-residential use must provide continuous overhead weather protection for pedestrians at lobbies or unit entrances at grade; and
       3. Overhead weather protection must:
          1. Project a minimum of 1.00 m 3.28 ft. from the building face; and
          2. Have a vertical clearance of at least 2.50 m 8.20 ft. and at most 4.00 m 13.12 ft. above the sidewalk.
20. Vehicle and Pedestrian Circulation
    1. In addition to the requirements of sections 3.82 ‘Emergency Access Lanes’ and 3.42 ‘Vehicle Access - General’, the following applies:
       1. In making a determination about the design of on-site On-Site means a location on the site which is the subject of a development. motor vehicle Vehicle has the same meaning as ‘motor vehicle’ as defined in the Traffic Safety Act, RSA 2000, c. T-6. and pedestrian circulation within the MU1 District, the Development Authority Development Authority has the same meaning as set out in the MGA. must ensure that motor vehicle and pedestrian routes are located and designed in a manner that provides a clearly defined, safe, efficient, and convenient circulation pattern for both vehicles and pedestrians, including barrier-free Barrier-Free means to allow proper and safe access and use of buildings, facilities, and open areas, with a proper and safe outcome for accessibility. routes. Loading bays must be located in such a manner as to not impede the safe and efficient flow of traffic and pedestrian movement, and minimize impacts on adjacent land uses;
       2. In addition to section 3.27 ‘Pedestrian Walkway Access,’ the Development Authority may impose whatever conditions it considers necessary in order to require that the Applicant:
          1. Provide connections to parking Parking means leaving a vehicle temporarily on a lot or site. areas and public rights-of-way adjoining a development for access to transit, services, and amenities;
          2. Provide pedestrian access to ensure a development is integrated with the surrounding area;
          3. Provide pedestrian walkways along storefronts with doors or similar openings;
          4. Separate pedestrian movements and motor vehicle traffic by delineating crosswalks with special paving or, where possible, raising crosswalks; and
          5. Construct and maintain the pedestrian walkways for use by the public.