DW zone, Burlington: Downtown Wellington Square Mixed-Use Zone

What the DW zone permits

• Department Store
• Flea Market (temporary use only, max 30 days, once per 12 months - footnote h)
• Large Furniture and Appliance Store
• Supermarket/Grocery Store
• Convenience/Specialty Foods Store
• Farmers' Market
• Other Retail Stores
• Standard Restaurant (no drive-through - footnotes a, f)
• Standard Restaurant with Dance Floor (no drive-through; in buildings with dwelling units only at grade where office/accessory-residential uses are on the second storey - footnotes a, i, f)
• Fast Food Restaurant (no drive-through - footnotes a, f)
• Convenience Restaurant (no drive-through - footnote a)
• Elevated Parking Facility (ground floor within 15 m of a public street must be retail/service commercial/entertainment/recreation - footnote d)
• Veterinary Services (no keeping of animals outside - footnote c)
• Other Service Commercial Uses
• Outdoor Patio (subject to Part 1, Section 2.21(v) - footnote j)
• All Office Uses (ground floor within 15 m of a public street retail/service commercial only, with street exceptions - footnote g)
• Community Institution (footnote g)
• Hotel (footnote g)
• Convention/Conference Centre (footnote g)
• Banquet Centre
• Caterer
• Recreational Establishment
• Entertainment Establishment
• Night Club (not in a building with dwelling units; max 500 persons; not within 45 m of R, DRM, DRH zones - footnote e)
• Dwelling Units in a commercial/office building
• Apartment Building (footnote g)
• Retirement Home (footnote g)

Standards

Other provisions in this section

• Minimum residential density for a residential building in the DW zone: 51 units per hectare (s.4.3).
• Minimum building height 2 storeys; first and second storeys must be 4.5 m each (s.4.2).
• Floor area of the 2nd, 3rd and 4th storeys of a multi-storey building must be at least 50% of the first-storey floor area (s.4.2).
• Building setback from a creek block: 7.5 m, or 4.5 m if the block includes a 3 m buffer (Table 6.4.1).
• Yard abutting a pipeline easement: 7 m rear yard, 3 m side yard (Table 6.4.1).
• Notwithstanding Part 1 s.2.26(5), no setback is required for a below-grade parking structure from a street line or a property line abutting a DC, DW, DL-A or DL-B zone (Table 6.4.1).
• Separation distances from a residential or DRL zone: Standard Restaurant 15 m; Fast Food Restaurant 30 m; Night Club 45 m (s.4.4).
• Built form: parking areas and driveways prohibited between any building and a street except a driveway into an elevated/underground parking facility; first floor elevation facing a street needs minimum 60% glazing; decorative finish on exterior walls facing a street or residential zone; no overhead doors on elevations facing Brant Street or Lakeshore Road (s.4.5).
• Landscape area: 3 m abutting a creek block or O3 zone; 3 m abutting a street for a parking lot as a principal use; 3 m abutting a PC or P zone. Landscape buffer 3 m abutting a residential or DRL zone (s.4.6).
• Parking not permitted in a front yard between the street line and the building elevation facing the street; surface parking not permitted in the DW zone except temporary drop-off/delivery; truck and trailer parking prohibited except while loading/unloading, for customer use, belonging to an owner/tenant, or for charitable purposes (s.4.7).
• Outside storage: only merchandise displayed for retail sale, not in a vehicle; perishable waste in refrigerated storage inside a building or in a sealed below-grade deep collection system; non-perishable waste stored outside on lands abutting a residential/DRL zone or visible from a street must be in a solid screen enclosure per Part 1 s.2.2.3; waste compactors not permitted in a yard abutting a residential zone and must be screened (s.4.8).
• Contiguous lots developed under a single comprehensive site plan are deemed one lot for zoning purposes (s.4.9).
• Amenity area for apartment dwelling units and retirement homes: 20 m2 per unit (s.4.10).
• Fencing: minimum 1.8 m along the common boundary with a residential or DRL zone (solid screen or chain-link plus dense year-round planting) (s.4.11).
• Ground floor of any building within 15 m of a public street must be retail or service commercial only, except on listed street segments (west side of Brant between Baldwin and Caroline; west side of Locust between Caroline and 40 m north of Elgin; east side of Pearl between Pine and 60 m north; west side of Martha between Maria and James; west side of Emerald Crescent north of Caroline; south side of Victoria Ave 30-110 m east of Brant) (Table 6.2.1 footnote g).
• Drive-through facilities are not permitted with any use (Table 6.2.1 footnote a).
• Outdoor patios may have entertainment uses only until July 12, 2025 under the temporary use by-law (12:00-10:00 pm; Sundays/holidays 12:00-6:00 pm; one entertainer at a time) (Table 6.2.1 footnote f).
• Additional prohibited uses (s.3): warehouse club, lumber sales, swimming pool sales/service, RV and utility trailer sales/service, boat/motorcycle/snowmobile sales/service, heavy machinery sales/service, car wash, video game/pinball arcade, propane cylinder handling facility, bulk propane storage depot, adult entertainment establishment; residential uses subject to Part 2 Subsection 2 'Prohibited Uses'.
• Holding 'H' prefix: uses per Part 11 s.1.1; development premature until the H is removed per Part 11 s.1.2 (s.1(a)).
• Subject to Part 1 (General Conditions and Provisions) and Part 14 (Exceptions to Zone Designations); lands adjacent to Lake Ontario/Burlington Bay per Part 1 s.2.30; parking spaces, driveways and parking structures per Part 2 Subsection 1 (s.1).