MXE zone, Burlington: Mixed Use Corridor - Employment (MXE)

What the MXE zone permits

• Convenience/Specialty Foods Store
• Other Retail Stores - only Office Furniture & Equipment, Computer Hardware & Software, Machinery & Equipment, Home Improvement Products (footnote l)
• Standard Restaurant
• Standard Restaurant with Dance Floor
• Fast Food Restaurant
• Convenience Restaurant
• Dry Cleaning Depot, Laundromat, Laundry Service
• Veterinary Services (no outdoor animal-keeping facilities, footnote d)
• Elevated Parking Facility (ground floor within 15 m of a public street must be retail/service commercial/entertainment/recreation, footnote i)
• Other Service Commercial Uses
• Outdoor Patio (subject to Part 1, s.2.21(v), footnote s)
• All Office Uses
• Community Institution
• Convention/Conference Centre (not on a lot abutting a residential zone, footnote b)
• Banquet Centre (not on a lot abutting a residential zone, footnote b)
• Caterer
• Car Wash per Part 1, 2.9 (not on a lot abutting a residential zone, footnote b)
• Motor Vehicle Service Station per Part 1, 2.10
• Motor Vehicle Sales, Leasing, Rental, and Service
• Motor Vehicle Repair Garage (not on a lot abutting a residential zone, footnote b)
• Retail Propane Facility per Part 1, 2.7
• Industrial Uses permitted in a GE2 zone (subject to Part 3, Subsection 6.8, footnote j)
• Recreational Establishment
• Entertainment Establishment

Standards

Other provisions in this section

• Yard abutting a residential zone: 12 m for floors 1 to 3; 15 m for floors 4 and 5; 18 m for floor 6 (Table 5.4.1).
• Building setback from a creek block: 7.5 m; yard abutting a Pipeline Easement: 7 m; yard abutting a PC or P zone: 6 m (Table 5.4.1).
• Yard abutting a railway right-of-way: none required; separation distance of 30 m from a railway right-of-way for land uses sensitive to railway rights-of-way (Table 5.4.1).
• Separation distances from a residential zone (s.4.2): Standard Restaurant 15 m; Fast Food Restaurant 30 m; Night Club 45 m (night club not permitted in MXE).
• Buildings under 0.5:1 FAR that legally existed at passing of By-law 2020.205 (April 28, 2008) are deemed to conform to FAR regulations for the life of the building (s.4.3).
• Landscape area (s.4.4): 3 m abutting a street; 3 m abutting a creek block or O3 zone; 3 m abutting a PC or P zone; an outdoor patio may encroach into a required landscape area abutting a street.
• Landscape buffer abutting a residential zone: 6 m (s.4.4).
• Buildings under 2 storeys that legally existed at passing of By-law 2020.205 (April 28, 2008) are deemed to conform to building height regulations (s.4.5).
• Parking per Part 1, Subsection 2.25 (s.4.6(a)); the 5% reduction and 102% cap in s.4.6(b)-(c) apply only to MXG, MXC and MXT zones, not MXE; mixed-use developments (office, retail/service commercial, restaurant, overnight accommodation sharing parking) may use the percent-of-peak-period occupancy tables in s.4.6(e).
• Visitor parking (s.4.6(d)): where a development mixes residential and non-residential uses, non-residential parking on the same property may be counted toward the required visitor parking for the residential use, using the standards in clause (c).
• A detached dwelling converted to service commercial or office use must provide a 1.5 m unencumbered pedestrian walkway from the sidewalk to the principal entrance (s.4.6(g)).
• Truck and trailer parking prohibited except while loading/unloading, for customers of the principal use, belonging to the owner or tenant, or for charitable purposes (s.4.6(h)).
• Outside storage (s.4.7): only merchandise displayed for retail sale, not stored in a vehicle; perishable waste kept refrigerated inside or in a below-grade sealed deep-collection container; non-perishable waste on lands abutting a residential zone kept in a solid screen enclosure per Part 1, s.2.2.3.
• Outdoor manufacturing in the MXE zone is prohibited (s.4.8).
• Fencing on lands abutting a residential zone: minimum 1.8 m along the common boundary, solid screen or chain-link with dense year-round planting (s.4.9).
• Drive-through facilities (s.4.10): restaurant drive-throughs facing a street must be landscaped for screening; external conveyor pick-up systems not permitted in a yard abutting a street and set back 15 m from a residential zone; intercom ordering stations set back 15 m from a residential zone; other uses' drive-throughs not permitted in elevations facing a street and freestanding facilities set back 15 m from a residential zone.
• Loading/unloading not within 7.5 m of a residential zone; loading docks screened from a street or adjoining residential zone (s.4.11).
• Amenity area (s.4.12): 15 m² per efficiency unit, 20 m² per one-bedroom unit, 35 m² per two-or-more-bedroom unit, 25 m² per back-to-back townhouse unit (residential uses not permitted in MXE).
• Every building within 60 m of a street with a deemed width of 26 m or more must provide a pedestrian-accessible door on the elevation facing the street (s.4.13).
• Multiple contiguous lots developed under a single comprehensive site plan are deemed one lot for zoning purposes (s.4.15).
• Prohibited uses in addition to Part 1 s.2.22: Warehouse Club, Hotel, Propane Cylinder Handling Facility, Bulk Propane Storage Depot, Video Game/Pinball Machine Arcade, Adult Entertainment Establishment (s.3).
• Holding 'H' prefix: uses per Part 11, Section 1; development deemed premature until 'H' removed (s.1(a)). Accessory buildings per Part 1 s.2.2; patios/decks Part 1 s.2.3; fencing Part 1 s.2.4; pools Part 1 s.2.5; parking spaces, driveways and parking structures Part 2 s.1; exceptions per Part 14.
• Section 5 (Townhouse, Stacked Townhouse, Back-to-Back Townhouse regulations, Table 5.5.1) does not apply to MXE because these residential uses are not permitted in the MXE column of Table 5.2.1.