MXT zone, Burlington: Mixed-Use Transit Station Area (MXT)

What the MXT zone permits

• Convenience/Specialty Foods Store
• Other Retail Stores
• Standard Restaurant
• Standard Restaurant with Dance Floor (subject to Part 1, s.2.21(u))
• Fast Food Restaurant
• Convenience Restaurant
• Dry Cleaning Depot, Laundromat, Laundry Service
• Veterinary Services (no outdoor animal-keeping facilities)
• Elevated Parking Facility (accessory use only; not as a principal use or commercial parking lot; the 500 m2 per-use floor area cap in footnote (m) paragraph 1 does not apply)
• Other Service Commercial Uses
• Outdoor Patio (subject to Part 1, s.2.21(v))
• All Office Uses
• Caterer
• Recreational Establishment
• Entertainment Establishment
• Apartment Building
• Retirement Home
• Dwelling Units in a commercial/office building
• Stacked Townhouse (see Subsection 5; not within 25 m of a public street with deemed width 26 m or greater)
• Back-to-Back Townhouse (see Subsection 5; not within 25 m of a public street with deemed width 26 m or greater)
• Townhouse (see Subsection 5; not within 55 m of a public street with deemed width 26 m or greater)
• Additional Residential Units (subject to Part 1, s.2.21(u))

Standards

Other provisions in this section

• Minimum density in a residential building: 55 units/ha (Table 5.4.2); townhouse, stacked townhouse and back-to-back townhouse: 30 units/ha generally, 55 units/ha in an MXT zone (Table 5.5.1).
• Minimum floor area ratio 0.5:1 for buildings other than entertainment, recreational or industrial buildings (Table 5.4.2); buildings under 0.5:1 that legally existed on April 28, 2008 (By-law 2020.205) are deemed to conform for the life of the building (s.4.3).
• Minimum building height 2 storeys for all uses in MXT, no maximum (s.4.5); buildings under two storeys that legally existed on April 28, 2008 are deemed to conform for the life of the building.
• Floor area of the second, third and fourth storeys of a building with more than one storey must be at least 50% of the floor area of the first storey (s.4.5).
• Maximum floor area of 500 m2 per retail commercial, service commercial, hospitality, entertainment or recreational use (Table 5.2.1 fn (m)), not applicable to an elevated parking facility (fn (k)); any use that legally existed on October 10, 2006 (By-law 2020.213) is deemed to conform as to permitted uses.
• Building setback from a creek block 7.5 m; yard abutting a Pipeline Easement 7 m; yard abutting a railway right-of-way none required but 30 m separation for land uses sensitive to railway rights-of-way; yard abutting a PC or P zone 6 m (Table 5.4.1).
• Townhouse, stacked townhouse and back-to-back townhouse setbacks (Table 5.5.1): creek block 7.5 m; Pipeline Easement 7 m; yard abutting a railway right-of-way 30 m; yard abutting a PC or P zone 6 m.
• Separation from a residential zone: Standard Restaurant 15 m; Fast Food Restaurant 30 m; Night Club 45 m (s.4.2).
• Landscape area 3 m abutting a street, a creek block or O3 zone, and a PC or P zone; an outdoor patio may encroach into a required landscape area abutting a street (s.4.4, 'MXT Zone - Landscape Area'). The general s.4.4 provisions also state a 6 m landscape buffer abutting a residential zone, which the MXT-specific block does not repeat. Townhouse forms: same 3 m landscape areas plus a 6 m landscape buffer abutting R1, R2, R3, LN3-LN6 zones, not required abutting LN3 lands fronting Barclay Road, Dean Street or Ashley Avenue (s.5.2).
• Parking per Part 1, s.2.25, except: non-residential minimum is Part 1 Table 1.2.6 less 5%; non-residential supply may not exceed 102% of the Table 1.2.6 minimum; non-residential parking on the same property may count toward residential visitor parking; mixed-use developments may use the percent-of-peak-period occupancy tables (s.4.6). Townhouse parking also per s.5.3.
• Converted detached dwelling to service commercial or office use requires an unencumbered 1.5 m pedestrian walkway from the street 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 used for charitable purposes (s.4.6(h)).
• Outside storage limited to merchandise displayed for retail sale (not in a vehicle); perishable waste must be refrigerated indoors or in a sealed below-grade deep collection container; non-perishable waste stored outside abutting a residential zone must be in a solid screen enclosure per Part 1, s.2.2.3 (s.4.7).
• Fencing of minimum 1.8 m height (solid screen or chain-link with dense year-round planting) required along any common boundary with a residential zone (s.4.9, s.5.6).
• Drive-through facilities: restaurant drive-throughs facing a street must be screened by landscaping; 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 drive-throughs not permitted on elevations facing a street and freestanding facilities set back 15 m from a residential zone (s.4.10).
• Loading/unloading not within 7.5 m of a residential zone; loading docks screened from streets and adjoining residential zones (s.4.11).
• Amenity area: 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 (s.4.12). Stacked or standard townhouse: 15/25/35 m2 per efficiency/one-bedroom/two-or-more-bedroom unit; back-to-back townhouse 25 m2 per unit including a common amenity area of at least 100 m2 or 6 m2 per unit, whichever is greater (s.5.4).
• Privacy area: standard townhouse 20 m2 per unit; stacked townhouse 15 m2 per unit; back-to-back townhouse units each need a 5.5 m2 balcony, separated from adjoining units by a wall or privacy screen, with a maximum 1.8 m projection from the front wall (s.5.5).
• Every building within 60 m of a street with a deemed width of 26 m or greater must have a pedestrian-accessible door on the elevation facing that street (s.4.13).
• Minimum 12 stacked townhouse units per stacked townhouse building in an MXT zone (Table 5.5.1).
• Townhouse forms: driveways and parking lots set back 3 m from a building wall containing habitable-room windows unless for the exclusive use of the unit occupant; enclosed parking structures more than 1.6 m above grade follow principal building yards, and those below grade up to 1.6 m above grade set back 3 m from a street line and outside any required landscape buffer (s.5.3). Residential building height also per Part 1, s.2.31 (s.5.7(a)).
• Multiple contiguous lots developed under one comprehensive site plan are deemed one lot for zoning purposes (s.4.15, s.5.8).
• 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; residential uses subject to Part 2, Subsection 2 prohibited uses (s.3).
• Holding (H) prefix: development deemed premature until removed per Part 11, s.1.2 (s.1(a)). Accessory buildings, patios/decks, fencing and pools refer to Part 1 s.2.2-2.5; parking spaces, driveways and parking structures refer to Part 2 s.1. Site-specific exceptions in Part 14.