3.26 HA - Heritage Area Zone

To allow for the existing concentration of historical resources to be preserved, rehabilitated, and reused, while ensuring new developments are pedestrian friendly and compatible in scale, function, built form, and design continuity with the historical, architectural, and urban village character of the area.

Residential Uses
  
2.1. Home Based Business #  
2.2. Residential, limited to:  
 
2.2.1. Lodging House
2.2.2. Multi unit Housing
2.2.3. Row Housing
2.2.4. Secondary Suite
2.2.5. Supportive Housing
 
Commercial Uses #
  
2.3. Bar  
2.4. Body Rub Centre  
2.5. Cannabis Retail Store  
2.6. Centre City Temporary Parking a
2.7. Cultural Exhibit  
2.8. Food and Drink Service  
2.9. Hotel  
2.10. Indoor Sales and Service  
2.11. Liquor Store  
2.12. Minor Indoor Entertainment  
2.13. Office  
2.14. Residential Sales Centre  
Community Uses
  
2.15. Child Care Service  
2.16. Community Service  
2.17. School  
2.18. Library  
2.19. Special Event  

 

Residential Uses
  
4.1. Home Based Businesses must comply with Section 6.60.  
Commercial Uses
  
4.2. Nightclubs  
 
4.2.1. The maximum Public Space is 240 m2 for each individual establishment for Sites adjacent to or across an Alley from a Site in a residential Zone. 
4.2.2. The maximum capacity is 200 occupants for each individual establishment for Sites adjacent to or across an Alley from a Site in a residential Zone. 
 
4.3. Bars and Food and Drink Services  
 
4.3.1. The maximum Public Space is 120 m2 for each individual establishment.
4.3.2. The maximum capacity is 100 occupants for each individual establishment. 
 
4.4. Liquor Stores must comply with Section 6.70.  
4.5. Body Rub Centres must comply with Section 6.20.  
4.6. Cannabis Retail Stores must comply with Section 6.30.  
4.7. Centre City Temporary Parking must comply with Section 6.120. a
4.8. Uses with Drive-through Services must comply with Section 6.110.  
Industrial Uses
  
4.9. Fleet Services  
 
4.9.1. Fleet Services are limited to the area north of 103 Avenue NW and east of the north-south Alley east of 104 Street NW.
4.9.2. Fleet Services must be located within an enclosed building.
 
Community Uses
  
4.10. Child Care Services must comply with Section 6.40.  
4.11. Special Events must comply with Section 6.100.  
Agricultural Uses
  
4.12. Urban Agriculture  
 
4.12.1. With the exception of outdoor display areas of products for sale, Urban Agriculture Uses must be located within or on a building.
4.12.2. The Development Planner may consider a variance to Subsection 4.12.1. based on the recommendations provided in an environmental site assessment in compliance with Section 7.140.
 
Sign Uses
  
4.13. Signs must comply with the regulations found in Subsections 3 and 9 of Section 6.90.  
4.14. For all Sign applications, the Development Planner, in consultation with the City department responsible for heritage planning must review the application in context with the surrounding development, including, but not limited to:  
 
4.14.1. the architectural theme of the area; 
4.14.2. any historic designations; 
4.14.3. the requirements of any Statutory Plan; and 
4.14.4. any streetscape improvements.
 
4.15. The Development Planner may require revisions to the application to mitigate the impact of a proposed Sign, and may refuse an application for a Development Permit that negatively impacts the built environment.  
Public Space and Capacity Exceptions
  
4.16. The Development Planner may consider a variance to the maximum Public Space or capacity of a Use if adequate mitigation measures are used to reduce negative impacts to on-Site or Abutting Uses, including:  
 
4.16.1. measures specified in Subsection 2 of Section 5.120; 
4.16.2. modification of Site plans to locate Uses or activities in a location to minimize noise, lighting, odour or other similar Nuisances; or
4.16.3. other similar measures.
 

 

5.1. Development must comply with Table 5.1:
Table 5.1. Site and Building Regulations
Subsection Regulation Value
Floor Area Ratio
5.1.1. Maximum Floor Area Ratio north of 102 Avenue NW 8.0
5.1.2. Maximum Floor Area Ratio south of 102 Avenue NW 10.0
Building Height
5.1.3. Maximum Height 115 m
Street Wall Height
5.1.4. Maximum Street Wall Height  20.0 m
Setbacks
5.1.5. Required Front Setback 0 m
5.1.6. Required Side Setback 0 m
Unless one or more of the following applies:
5.1.7. Maximum Front or Side Setback allowed to accommodate street related activities such as sidewalk cafes, architectural features, and Landscaping that contribute to the historical character of the area 2.5 m
5.1.8. Maximum Front or Side Setback for Ground Floor Residential Uses 3.0 m
5.2. Despite Subsection 6 of Section 7.100, a Development Planner may grant a variance to the Maximum Floor Area Ratio, up to an additional 4.0 for Residential Uses and Hotels, where the development is compatible with the urban context of the area and adverse environmental impacts, such as sun shadow and wind are minimized.
5.3. Despite Subsection 6 of Section 7.100, a Development Planner may grant a variance to the Maximum Height for Residential Uses and Hotels to accommodate the additional Floor Area Ratio allowed in Subsection 5.2 where the Development Planner is satisfied that the development is compatible with the urban context of the area and that adverse environmental impacts, such as sun shadow and wind are minimized.

 

Street Interface Regulations
6.1. Yards adjacent to a public sidewalk must continue the paving materials, finish, and pattern of the public sidewalk. 
6.2. New buildings or additions must recognize the scale, architecture, and the built form of the existing historical structures within the general area.
6.3. Developments on larger consolidated parcels are encouraged to break up their Facades facing a Street to be reflective of the original Lot widths or widths of the surrounding historic warehouses.
Conceptual Diagram for Subsection 6.3
Diagram for HA3.26.6.3.

 
6.4. Above ground Parkade Facades facing a Street must be screened from view at ground level and wrapped with other Uses that have a minimum depth of 10.0 m. 
6.5. Above ground Parkade Facades facing a Street must be wrapped with other Uses above the Ground Floor that have a minimum depth of 6.0 m. 
Conceptual Diagram for Subsections 6.4 and 6.5

 
6.6. Balconies are not allowed within the first 5 Storeys of a building Facade facing a Street.
Conceptual Diagram for Subsection 6.6

 
6.7. The Ground Floor elevation must be within 0.75 m of ground level for a minimum of 80% of the building Frontage.
Tower Regulations
6.8. Buildings greater than 20.0 m in Height must have a Tower and Podium configuration that ensures compatibility with the Facades of adjacent, older institutional, or historic buildings. Any buildings taller than 5 Storeys must have a minimum of 3 Storeys where the building Facade is built to the property line Abutting the Street.
6.9. Despite Subsection 6.8, the maximum Height of a Podium may be varied by the Development Planner provided that the Height is compatible with adjacent development. 
6.10. Development must comply with Table 6.10:
Table 6.10. Tower Regulations
Subsection Regulation Value
6.10.1. Maximum Tower Floor Plate for any portion above a Podium 900 m2 or 80% of the Podium Floor Plate, whichever is lesser
6.10.2. Minimum Tower Stepback from the Street Wall 4.5 m
6.10.3. Minimum separation between Towers on the same Site and Abutting Sites 25.0 m
Conceptual Diagram for Subsection 6.10.2
6.11. The Development Planner may consider a variance to Subsection 6.10.3, taking into consideration factors such as:
 
6.11.1. the orientation and placement of the Tower and associated visual, sun, shadow, and microclimatic impacts on Amenity Areas, Pathways, and Abutting residential or mixed use developments; 
6.11.2. the context of the Site in relation to the location and Height of buildings on Abutting Sites; and
6.11.3. recommendations and mitigation measures specified in any required technical studies or applicable urban design guidelines. 
6.12. Towers must be designed, oriented, and constructed to:
 
6.12.1. maximize views;
6.12.2. articulate the downtown skyline; and 
6.12.3. allow sun penetration at the street level, in public spaces, plazas, parks, and Amenity Areas.
6.13. Rooftops of Towers must be designed with penthouses to accommodate mechanical penthouses, reduce the heat island effect, facilitate energy efficiency, and contribute to a distinctive and unique Downtown skyline. The design of the roof may include a combination of: 
 
6.13.1. Green Roofs; 
6.13.2. Solar Collectors; 
6.13.3. patios; or 
6.13.4. public or private open spaces.
6.14. Wherever Podium roofs are visible from adjacent developments, the development must provide enhancements to improve rooftop aesthetics, which may include: 
 
6.14.1. patios; 
6.14.2. Gardens;
6.14.3. Green Roofs; or 
6.14.4. additional Amenity Area.
6.15. Despite Subsection 6.10.1, a minimum 10% reduction in Floor Plate area for the top 4 Storeys of any Tower is required.
6.16. The top Storeys of Towers must contribute to the ’signature’ of the building and the city’s skyline through sculpting of the upper Storeys and roofs.
Facade Regulations
6.17. The first 20.0 m of the Height of all building Facades that face a Street must include the following design elements to reduce the perceived mass and add architectural interest:  
 
6.17.1. All exposed building Facades must be architecturally treated to create a unified building exterior.
6.17.2. Building Facades must incorporate architectural design details or features that recognize the heritage character of the area.
Conceptual Diagram for Subsection 6.17
Diagram for HA3.26.6.17

 
6.18. The first 20.0 m of the Height of a building must use brick for a minimum of 50% of the exterior cladding, excluding windows and entrances. 
Conceptual Diagram for Subsection 6.18

 
6.19. The architectural treatment of the first 20.0 m of the Height of a building must adhere to the general alignment of the horizontal elements and vertical elements of the adjacent buildings along the same block face.
Conceptual Diagram for Subsection 6.19

 

6.20.

 All buildings must establish a unique building architecture that recognizes the historic character of the area but is not a duplication of surrounding buildings subject to the Heritage Area Zone regulations.

 

Amenity Areas
7.1. Despite Section 5.20, Amenity Areas must comply with the following:
 
7.1.1. A minimum Amenity Area of 3% of the total Floor Area of non-Residential Uses must be provided, which may include courtyards, interior landscaped open space, arcades, plazas, atriums, and seating areas.
7.1.2. Non-Residential buildings of less than 1,394 m2 are not required to provide Amenity Area.
7.1.3. Amenity Area for Multi-unit Housing is not required.
Parking, Loading, Storage and Access 
7.2. Despite Subsection 5.80, Surface Parking Lots must provide a minimum 2.0 m Landscaped Setback from any property line Abutting a Street in addition to the Landscaping requirement.
Landscaping
7.3. Despite Section 5.60, only deciduous species are allowed in any Setback area Abutting a Street.