Study to review Limitation of Offices Uses and to Introduction of New Uses between Albert Street and Park Drive on Main Street

On June 5, 2024 a Council Member Motion was made that “staff be directed to research and study options for prohibiting office use in the first storey or at grade of a commercial or mixed use building located within 10 metres of the public right-of-way, abutting Main Street within the area between Albert Street and Park Drive” The complete motion can be read here.

The objective of this motion is to encourage desirable pedestrian-oriented uses at grade along the downtown portion of Main Street that elicit people to actively explore, live, shop, work and play along Main Street as encouraged by the Town’s Official Plan. The vision is that downtown Main Street becomes a vibrant and animated commercial destination.

In addition to this, as part of this study, Staff are exploring permitting new uses and incentivizing uses that generate pedestrian activity.

Pursuant to this request Development Planning Staff are continuing to study and conduct research on this subject. Staff is conducting a Statutory Public Meeting on September 25, to share initial findings and considerations, and to request feedback from the Council and community.

Map of subject Area:

What would this Proposed Office Use prohibition mean?

Presently the proposed draft zoning amendment is as follows:

“New ‘Office Uses’ shall be prohibited within the ground floor of a building fronting onto Main Street, within the area located between Albert Street and Park Drive along Main Street as follows: 10 metres set back from the front wall of the main building or structure and shall have a clearly defined separation of uses [please see diagram showing measurement example if building is abutting property line (left side of street) or if building setback from property line (right side of street)]."

Please note new ‘Office Uses’ would remain permitted beyond the 10 metre distance from the property line on the ground floor only (i.e., generally the rear of the building) and anywhere on the second floor or above.

How are Offices Defined?

The Zoning By-law defines both ‘Office Use’ and ‘Medical Office’ use. Staff note ‘Medical Office’ is considered a subcategory of the ‘Office Use’ definition (see underlined portion of Medical Office definition). Under the present scope of this project the use limitation would apply to both new ‘Office Uses’ and ‘Medical Office.’ Definitions of both can be seen below.

Office Use: a building or part of a building designed, intended or used for the practice of a profession, the carrying on of a business, the conduct of public administration, or, where not conducted on the same site, the administration of an industry. Offices shall not include retail sales, industrial uses, financial institutions, places of amusement or places of assembly.

Examples of ‘Office Uses’ may include but are not limited to real estate, insurance, wealth management, accounting, law, and travel agency (when servicing as the principal use on the property).

Medical Office: a premise, office or part of an office designed, intended, or used for the practice of medicine by a medical practitioner and/or drugless practitioner, and may include medical laboratories and ancillary pharmacies and shall not include unrelated retail sales. (2020-060-ZO)

Examples of ‘Medical Office’ uses may include but are not limited to health and wellness service clinics with varied practitioners, dentistry, chiropractic, physiotherapy, ultrasound and x-ray services (when servicing as the principal use on the property).

What does this mean for Existing Offices?

If the proposed amendments are approved any ‘legally existing’ ‘Office Use’ would be considered a legal non-conforming use and would be able to keep the ‘Office Use’ permission until the use ceases to exist.

Staff want to clarify confusion and emphasize that existing ‘Offices Uses’ will continue to maintain their ‘Office Use’ permission provided they continue operating. No legally existing ‘Office Use’ would be evicted as result of a potential zoning amendment. Please read below for greater clarity.

Maintaining the Office Use Permission: Legally existing businesses that continue a principal ‘Office Use’ function will maintain the property’s ‘Office Use’ permission. If an existing business functioning as a Real Estate Office sells/leases the building to another ‘Office Use’ such as Insurance Office this would represent continuity of the ‘Office Use’ permission and the property would maintain the ‘Office Use’ permission.

Losing the Office Use Permission: The Office Use permission would be lost upon a ‘change of use’ or ceasing of the Office Use, for example if the Real Estate Office converts to a Restaurant or if a the Office Use ceases to exist.

Requesting a New Office Use Permission (if approved): If the proposed amendment is approved, should a property owner desire a ‘new’ ‘Office Use permission’ within the restricted area, they would need to make the appropriate Planning Act Application to request the use permission and be granted approval by the approval body.

What Uses are Presently Permitted on Main Street between Albert Street and Park Drive?

Majority of the properties located within the subject area are primarily zoned Commercial Residential Mixed - Community Core Area (CM1).

The Commercial Residential Mixed - Community Core Area (CM1) zone permits a wide range of uses including the ‘Office’ use as displayed below.

Animal Grooming Centre
Apartment Building
Assembly Hall
Business Services
Club
Combined Live Work Use
Connected Live Work Use
Commercial Recreation Use
Commercial School
Convenience Store
Day Care Centre
Dry Cleaning Establishment
Dwelling Above a Commercial Use
Financial Institution
Fitness and Recreation Facilities
Funeral Home
Group Home
Hotel
Library
Long Term Care Facility
Office
Park
Personal Service Establishment
Place of Amusement
Place of Worship
Restaurant
Retail Store
School
Senior Citizens Home
Service Establishment
Studio
Veterinary Clinic

Other Zoning Amendments being Explored by Staff

Staff are exploring permitting new uses and incentivizing uses that could generate pedestrian activity in the downtown core (i.e., restaurants, bar, café, brewery, retail, experiential/entertainment/activity uses, gallery, boutique dessert, grocery and retail).

To date some uses Staff are exploring adding as use permissions that would enable:

Experiential Uses (i.e., include but not limited to board game café, axe throwing, escape room, etc.) with option for associated restaurant and/or retail.
Craft Your Own Operation (i.e., include but not limited make your painting, pottery, furniture, food or beverage, etc.)
Craft Brewery or Craft Cidery
Art Gallery
Museum
Take-out Restaurant
Pop-up Shop and/or Market (i.e., more than one vendor)
Explore more easily enabling small scale quick service and concession style take-out food (i.e., ice cream/gelato, bubble tea, coffee, baked goods, poutine, etc.)
Provide greater flexibility in accomodating ‘Co-Location of Uses’ (i.e., allow combination of synergistic uses such as an activity combined with retail and/or restaurant uses)

In addition to this Staff are exploring parking reductions for pedestrian oriented uses and provisions that would allow businesses to more easily encroach onto the sidewalk to place items such as street furniture (i.e., patios and seating), sale racks and decorations (i.e., planters, signate, etc.) to animate the right-of-way.

Further to this Staff are very interested in learning what uses are desired by the community and what regulations changes, incentives, or programs may encourage the occupancy of more pedestrian oriented uses in the future. Staff encourage the community to participate in the survey to provide feedback to inform future changes.

Frequently Asked Questions

If the change to Office Use permissions is approved will my ‘present’ Office Use be evicted from the building?

No legally existing Office Uses occupants will be evicted from their property. Existing ‘Offices Uses’ will continue to maintain their ‘Office Use’ permission provided they continue operating.

Would any uses other that Office Use be prohibited if the proposal is approved by Council?

Presently the only use that is being considered for prohibition is Office Use.

What about Business Services?

The Business Services' use permission is presently a permitted use in the area and is not included in the scope of the proposed change. Business Services is defined as a building or part of a building used for the provision of services to businesses such as printing, publishing, courier, delivery and business travel.

What about Personal Service Establishments?

The 'Personal Use Establishment' use permission is presently a permitted use in the area and is not included in the scope of the proposed change. Personal Service Establishment is defined as a premises in which services involving the care of persons and their apparel are offered, such as barber shops, hairdressers, registered massage therapists, beauticians, shoe repair shops and similar establishments.

What about Service Establishments?

The ‘Service Establishment' use permission is presently a permitted use in the area and is not included in the scope of the proposed change. Service Establishment is defined as a building or part of a building where articles, goods or materials are repaired or serviced, which may include accessory retail sales of related items.

Where do I find the Zoning By-law and Definitions of other uses?

The Zoning By-law can be located on our Town website, and all Definitions can be found in Section 9.

Get Involved

Statutory Open House

On Wednesday, September 25, 2024 at 7 p.m. in the Town Council Chambers (111 Sandiford Drive), Staff will be introducing the proposal to the Community for questions and feedback for Council consideration. Participation is encouraged!

Agenda and introductory Staff Report

Staff note that no Council decision will be made at this meeting. A recording of the meeting and copy of the Staff Report and Presentation will be made available online following the meeting.

Survey

Staff encourage residents to take part in the below survey to assist Staff and Council in determining what uses and incentives are desired by the Community and to provide general feedback.

Take the survey below by October 16, 2024.

Feedback

If you have ideas or input you would like to share at this time, or would like to be notified of project updates, please email Brandon Slopack, Senior Planner.

Resources

Communications Survey