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IMPORTANT NOTICE
This document is consolidated into single publication for the convenience of users. The official Bylaw
and all amendments thereto are available from the Legislative Officer and should be consulted in
interpreting and applying this Bylaw.
In case of any dispute, the original Land Use Bylaw must be consulted. Where spelling, punctuation or
type face was corrected, the change was not noted in this document.
For easy reference, the amending Bylaw Numbers are adjoining the sections that were amended to
identify that a change has occurred in a Section, Subsection, or Clause, subsequent to the adoption of
the original Land Use Bylaw.
The following is a list of bylaws adopted by Council subsequent to the adoption of this Bylaw that
amended the Land Use Bylaw:
BYLAW NO.
ADOPTION DATE
CONTEXT
1829-14
February 10, 2014
That Part 11 - to reclassify the legal description Plan M4; Block
35; east half of Lot 7 and whole Lot 8 from R2 to R3.
1833-14
October 14, 2014
That Part 11 be amended to reclassify the legal description Lot
10; Block 1; Plan 0723758 from UR to R2.
1836-14
October 14, 2014
That Part 11 be amended to reclassify the east 15 acres of the
NE 11 46 24 W4 from M2 to DC.
1838-14
December 15, 2014
To permanently close the road Plan 7723061; Block 3; Lane.
That Part 11 be amended to classify lands Plan 7723061; Block
3; Lane as C2.
1847-15
April 27, 2015
Under Part 6 - Add Seniors and Supportive Housing Facilities as
a permitted use in the R3, R4, and US districts.
Under Part 7 - General Regulations, sections 7.4. Schedule 1, to
be amended to add to include Seniors and Supportive Housing
Facility.
1849-15
April 27, 2015
That Part 11 be amended to reclassify Plan 0022654; Block 2; Lot
37A from R3 to R4.
1850-15
May 11, 2015
That Part 11 be amended to reclassify Plan 0324115; Block 10;
Lot 2 from C4 to R3.
1852-15
May 25, 2015
That Part 11 be amended to reclassify the following property from
C1 to DC: Plan M4; Block 27: the most northernly 12 feet in
perpendicular width throughout Lot 4 and all of Lots 5, 6, and 7;
Plan M4; Block 27; Lot 8, and Plan M4 Block 27; Lots 9 and 10.
1853-15
May 25, 2015
That Part 11 be amended to reclassify the following legal
descriptions from R2 to R3: Plan 1125673; Block 17; Lot 3A; Plan
1125673; Block 17; Lot 4A; Plan M8; Block 17; Lot 2; and Plan
M8; Block 17; Lot 1.
1855-15
August 17, 2015
That Part 2 Definitions - sections129.1 Medical Marihuana, 129.2
Medical Marihuana Production Facility be added.
That Part 6 be amended to add Medical Marihuana Production
Facility as a discretionary use in the M2 district and to provide
specific use regulations 6.23.3.18 Medical Marihuana Production
Facility and 6.23.19.1 Medical Marihuana Production Facility
That Part 8 be amended to add section 8.32 to the Specific Use
Regulations for Medical Marihuana Production Facilities.
1856-15
August 17, 2015
That Part 6 be amended to add liquor stores as permitted in the
C5 district. section 6.20.2.31 added to permitted use, 6.20.3.6
deleted from discretionary use.
That Part 8 be amended to change the specific use regulation -
Section 8.10 Liquor Store.
1864-16
March 14, 2016
That the land legally described as Lot 2; Block 1; Plan 0220662
be designated as Municipal Reserve.
1869-16
May 24, 2016
That Part 11 be amended to reclassify the following legal
description Plan 7520278; Lot 6 from M1 to M2
1871-16
July 18, 2018
That Part 11 be amended to reclassify the following legal
description Plan 1621231; Block 1; Lot 2 from UR to DC.
1882-17
May 23, 2017
That Part 7 Section 7.6.7.13 - Federal, Provincial, Municipal, or
School Election Sign be replaced with 7.6.7.13.1 That Election
Signs shall be regulated through the City of Wetaskiwin Election
Signage Bylaw 1879-17.
1887-17
September 11, 2017
That Part 11 be amended to reclassify Plan 0022378; Block 18;
from R3 to R5.
1892-17
December 11, 2017
That Part 11 be amended to reclassify Plan 8421434; Block 2; Lot
2 from C3 to DC.
1907-18
June 25, 2018
That Part 11 be amended to reclassify the following properties
from R4 to DC: Plan 0728504; Block 14; Lot 1H and Plan
9421483; Block 14; Lot 1F
1911-18
September 10, 2018
That Part 11 be amended to reclassify the following property from
US to DC: Plan 7920904; Block 87A.
1914-18
October 9, 2018
That Part 2 - Definitions 33.1, 33.3, 129.2 be added; 98 be
replaced, and 129.1 be deleted.
That Part 4 - Applications section 4.2.3, 4.5.1.9 be added.
That Part 6 - Establishment of Districts sections 6.15.2.22,
6.15.10.1, 6.16.2.26, 6.16.10.1, 6.17.2.28, 6.17.10.1, 6.20.2.32,
6.20.11.1, 6.21.2.18, 6.21.10.1, 6.22.10.1 be amended to include
and 6.22.2.26 be added.
That Part 7 - General Regulations 7.6.7 be added.
That Part 8 - Specific Use Regulations section 8.33 be added.
1922-19
March 25, 2019
That Part 2 - Definition 109 be amended and 109.a, be added.
That Part 3.8.q be added.
That Part 6.16 add sections 6.16.3.29, 6.16.10.
That Part 6.17 add sections 6.17.3.13, 6.17.10.
That Part 6.20 add sections 6.20.3.13, 6.20.10.
That Part 6.26 add sections 6.23.3.10, 6. 23.19.
That Part 7.20.p be added.
That 8.27.4 be replaced.
1923-19
May 13, 2019
That Part 7 sections 7.6.2.14, 7.6.2.44 be replaced.
That Part 7 section 7.6.7.24.3 be deleted.
That Part 7 section 7.6.12 be deleted.
1929-19
June 10, 2019
That Part 11 be amended to reclassify Plan 7721760; Block 4; Lot
5 from R3 to R5.
1944-20
February 10, 2020
That Part 6 section 6.21.2.18 be amended to add Religious
Assembly as a permitted use.
1950-20
March 9, 2020
That Part 11 be amended to reclassify Plan M4; Block 24; Lot 1
from R4 to DC.
1951-20
March 9, 2020
That Part 2 Definition 109a be amended.
1964-20
June 22, 2020
That section 7.1.1.c (i and ii) shall be added.
That section 7.1.2.1 shall be amended.
1965-20
June 22, 2020
That section 3.1.1 be amended.
That sections 3.1.2, 3.1.3, 3.2.2, 3.2.3, 3.11.6 be deleted
1985-20
January 25, 2021
That section 3.11.1 be replaced with 3.11.1 schedule of fees for
a., b., c., d., e., f., g., h., i., j., k., l., shall be found in the Master
Rates Bylaw.
1992-21
April 26, 2021
That Part 11, section 11 be amended to rezone Lot 1-3, Block 11,
Plan M3 from DDO to C2.
1997-21
August 16, 2021
Under Part 2 - Definitions sections 4(c), 25, 36, 49, 50, 52, 68,
70, 77, 98, 104, 105, 122, 123, 146,147, 149, 173, 191, 194, 195,
196, 222, 238, 241 be deleted.
Under Part 2 - Definitions sections 5, 51, 52, 54, 87, 91, 92, 102,
124, 129, 138, 236, be replaced.
Under Part 2 - Definitions 249 YARD REAR be replaced with
REAR YARD
Under Part 2 - Definitions 246.1 WALL HEIGHT to be added.
Under Part 3 - Administrative, sections 3.3, 3.8.c, 3.8.m, 3.8.n be
replaced.
Under Part 3 - Administrative, sections 3.4.h, 3.5.2.a, 3.5.2.c.,
3.15, 3.16.4 be amended to read.
Under Part 3 - Administrative, sections 3.8.r, 3.8.s be added to
read.
Under Part 4 - Application, sections 4.6.1, 4.6.2.1, 4.6.3.1,
4.6.3.2 be replaced.
Under Part 4 - Application, section 4.6.1.2.a be amended.
Under Part 6 - Establishment of Districts, sections 6.1.2.2,
6.2.2.2, 6.3.2.2, 6.6.2.2, 6.7.2.2, 6.8.2.5, 6.10.2.4, 6.11.2.7,
6.12.2.4, 6.13.2.5, 6.15.3.25, 6.16.3.28, 6.22.2.2, 6.23.2.2, 6.24.4
be deleted.
Under Part 6 - Establishment of Districts, sections 6.1.3, 6.3.3.
6.4.3, 6.7.3, 6.10.3, 6.11.3, 6.25.3 be amended.
Under Part 6 - Establishment of Districts, sections 6.2.6.4, 6.4.2.2
be replaced.
Under Part 7 - General Regulations, sections 7.4.2 Schedule 1,
7.4.2 Schedule 2, 7.6.6.1, table be replaced.
Under Part 7 - General Regulations, section 7.8.3 be amended.
Under Part 7 - General Regulations, section 7.12.2 be amended.
Under Part 7 - General Regulations, section 7.6.2.7 be deleted.
Under Part 8 - Specific Use Regulations, section 8.5.2 be
amended.
Under Part 9 - Land Subdivision Considerations, section 9.2.2 be
replaced.
Under Part 11 - Maps, Schedule 11A be amended to designate
the following parcels of the Urban Service (US) district:
i.
COFT0025;Z;11
ii. 5843U;43;68MR;
iii. CE10;RLY;46
iv. CE1;RLY;46
v. M8;;K
vi. 5831RS;;6
2015-22
March 28, 2022
Revisions to correct the section number errors under
Part 2 - Definitions - s.36 replaced with s.34 ; s.49 replaced with
s.47; s.50 replaced with s.48; s.52 replaced with s.62, s. 68
replaced with s. 66; s.70 replaced with s.68; s.77 replaced with
s.75; s.98 replaced with s.95; s.104 replaced with s.101, s.105
replaced with s.102; s.122 replaced with 118; s.123 replaced with
s.119; s.146 replaced with s.140; s.147 replaced with s.141;
s.149 replaced with s.143; s.173 replaced with s.167; s.191
replaced with s.185; s.194 replaced with s.188; s.195 be replaced
with s.189; s.196 be replaced with s.190; s.222 be replaced with
s.216; s.238 be replaced with s.232; s.241 be replaced with
s.235; be deleted.
Revisions to correct the section number errors under
Part 2 - Definitions - s.51 be replaced with s 57; s.52 be replaced
with s.60; s.54 be replaced with s.63; s.87 be replaced with s.85;
s. 91 be replaced with s.88; s.92 be replaced with s.90; s.102 be
replaced with s.99; s.124 be replaced with s.120; s.129 be
replaced with s.125; s.138 be replaced with s.132; s.236 be
replaced with s.230.
Revisions to correct the section number errors under
Part 2 - Definitions s.249 YARD REAR be replaced with s.243
and s.180.1 REAR YARD be added
Revisions to correct the section number errors under
Part 2 - Definitions s.246.1 WALL HEIGHT to be added and
replaced with s.240.1 WALL HEIGHT
2019-22
July 11, 2022
Part 2 - licensed Outdoor Patio deleted; Licensed Restaurant
revised. 2.1.202.1 definition SIDEWALK PATIO added.
Part 3. - 3.8.1.t added
Part 6 - 6.15.2.7 revised; 6.15.2.23 sidewalk patio added;
6.15.3.7 deleted; 6.16.2.27 revised; 6.16.2.28 sidewalk patio
added; 6.16.3.11 deleted; 6.17.2.16 revised; 6.17.2.17 deleted;
6.17.2.16 revised; 6.17.2.17 deleted; 6.17.2.29 sidewalk patio
added; 6.18.2.7 added; 6.19.2.8 sidewalk patio added; 6.20.2.9
revised; 6.20.2.11 deleted; 6.20.2.33 sidewalk patio added;
6.21.2.7 revised; 6.21.2.20 sidewalk patio added; 6.21.3.7
deleted; 6.22.2.27 added; 6.22.2.28 sidewalk patio added;
6.22.3.12 deleted; 6.23.2.21 added; 6.23.2.22 sidewalk patio
added
Part 8 - 8.15.1 deleted; 8.15.3 added; 8.15.4 added; 8.15.5
added; 8.15.6 added; 8.15.7 added; 8.15.8 added; 8.15.9 added;
8.15.10 added; 8.16 deleted; 8.34.1-9 added
2029-23
April 11, 2023
That Part 11 be amended to redistrict a 3 acre parcel from Plan
0524904 Block 2 lot 4MR from PUL to DC.
2030-23
April 11, 2023
That Part 11 be amended to redistrict Plan 2423NY Lot B from
UR to M1.
2040-23
October 23, 2023
Part 2, section 2.1.130 revised.
Part 6, sections 6.20.3 and 6.20.11.1 amended to add Mini
Storage Facility use.
Part 7, section 7.1.1.3 revised.
Part 8, section 8.30 revised to add regulations for Mini Storage
Facilities in commercial districts.
2048-23
November 27, 2023
That Part 11 be amended to redistrict Plan 0928307 Block 4 Lot
20 from C2 to C3.
2053-24
February 12, 2024
That Part 6 section 6.21.2 Permitted Uses be amended to add
Child Care Service
That Part 8, section 8.1.2 Child Care Service specific use
regulations be revised.
2059-24
April 8, 2024
That Part 11 be amended to redistrict a 1.38 ha portion of NE-13-
46-24-4 from UR to R4.
2075-24
November 12, 2024
That Part 2 be amended to add Manufacturer's Taproom and
update numbering.
That Part 6 be amended to revise sections 22.2.27 and 23.2.21
Outdoor Patio use.
That Part 6 be amended to add sections 22.3.32 and 23.3.19
Manufacturer's Taproom.
That Part 6 be amended to add sections 22.10.1 and 23.19.1
Manufacturer's Taproom.
That Schedule 1 - Vehicle Parking Requirements be revised to
include Manufacturer's Taproom.
That Part 8 be amended to add section 35 Manufacturer's Taproom
Specific Use Regulations.
2094-25
June 23, 2025
That Part 11 be amended to redistrict Plan 5573AB Block 84 Lot
12 from R2 to C3
2095-25
June 23, 2025
Minor amendments regarding solar collectors, development
permit application processes, and sign permits.
That Section 2.1 be amended to add 211.1: SOLAR
COLLECTOR
That Section 3.8 be amended to add subsection (u) "The
installation or operation of solar collectors"
That Section 4.1 be amended to add subsection 1 and revise
subsection 2 (as re-numbered).
That Section 4.5.2, be amended to revise subsection 1 and delete
subsection 2.
That Section 7.6.4 be amended to revise subsection 12.
That Section 7.6.7.11 be amended to revise subsection 1.
That Section 8.36, Solar Collectors be added.
2098-25
January 13, 2026
That 2.1.211 be deleted and replaced with revised version.
That 6.17.3.12 Small Animal Kennel be added to section 6.17 C3
- Highway Commercial District Regulation.
That section 8.37 Small Animal Kennels and subsections 1-6 be
added to Part 8 - Specific Use Regulations.
2103-26
February 10, 2026
That 6.17.2.30 be added to C3 - Highway Commercial District
Regulation to read Health Service.
2106-26
May 12, 2026
That 2.1.216.1 be added.
That Section 3.11 be amended to revise subsection 1.
That Section 3.11 be amended to add subsection 8.
That Section 5.1 be amended to revise subsection 4.
That Section 7.21 be replaced.
That Section 7.22 be replaced.
That Section 7.23 be amended to revise the section title and
subsections 3 and 4.
Bylaw No. 1804-13, as amended
Land Use Bylaw
Page i
TABLE OF CONTENTS
PART 1 - REGULATORY
1.0
Title and Contents .......................................................................................................................... 1
1.1
Title .................................................................................................................................................. 1
1.2
Contents of Bylaw ............................................................................................................................ 1
1.3
Headings and Titles .......................................................................................................................... 1
1.4
Repeal, Enactment, and Transition Procedures .............................................................................. 2
1.5
Transitional and Interpretive ........................................................................................................... 2
1.6
Approval Required for Development .............................................................................................. 2
PART 2 - DEFINITIONS
2.1
Definitions ........................................................................................................................................ 4
PART 3 - ADMINISTRATION
3.1
Establishment and Appointment of the Subdivision Authority ..................................................... 35
3.2
Duties with Respect to Subdivision Applications ........................................................................... 35
3.3
Establishment and Appointment of the Development Authority ................................................. 36
3.4
Duties with Respect to Development Permit Applications............................................................ 36
3.5
Variance to Regulations ................................................................................................................. 37
3.6
Limitation of Variance .................................................................................................................... 38
3.7
Maintenance and Inspection of Bylaw .......................................................................................... 39
3.8
Development Not Requiring a Development Permit ..................................................................... 40
3.9
Development Permits Required..................................................................................................... 42
3.10
Development Agreements Required ............................................................................................. 42
3.11
Development Permit Fees and Related Development & Subdivision Fees ................................... 43
3.12
Development Agreement Authority .............................................................................................. 44
3.13
Bylaw Amendments ....................................................................................................................... 44
3.14
Validity and Procedures for Amendment ...................................................................................... 45
3.15
Review and Processing of Amendments ........................................................................................ 46
3.16
Land Use Bylaw Compliance Certificate and Certificate Fees........................................................ 47
PART 4 - APPLICATIONS
4.0
Development Application Submission ........................................................................................... 48
4.1
General Conditions ........................................................................................................................ 48
4.2
Development Permit Applications ................................................................................................. 49
4.3
Discretionary Use Permits.............................................................................................................. 52
4.4
Sign Development Permit Applications ......................................................................................... 52
4.5
Decisions ........................................................................................................................................ 54
4.6
Notification .................................................................................................................................... 60
PART FIVE - APPEALS
5.1
Development Appeal Commencement ......................................................................................... 63
5.2
Subdivision Appeal Commencement ............................................................................................. 63
Bylaw No. 1804-13, as amended
Land Use Bylaw
Page ii
5.3
Subdivision and Development Appeal Board Procedures ............................................................. 64
5.4
Court of Appeal .............................................................................................................................. 65
PART 6 - LAND USE DISTRICTS
6.1
R1 - Single Dwelling Residential District Regulations .................................................................... 66
6.2
R1A - Small Lot Single Dwelling Residential District Regulations .................................................. 71
6.3
R1N - Narrow Lot Single Family Residential District Regulations .................................................. 75
6.4
R1R - Country Residential District Regulations ............................................................................. 81
6.5
Reserved for Future Use ................................................................................................................ 89
6.6
RE - Residential Estate District Regulations .................................................................................. 90
6.7
RMX - Residential Mixed Use District Regulations ........................................................................ 95
6.8
RMH - Manufactured Home District Regulations ....................................................................... 102
6.9
Reserved for Future Use .............................................................................................................. 108
6.10
R2 - Low Density Residential District Regulations ....................................................................... 109
6.11
R3 - Medium Density Residential District Regulations ................................................................ 114
6.12
R4 - High Density Residential District Regulations ...................................................................... 121
6.13
R5 - Condominium Residential District Regulations ................................................................... 127
6.14
PUD - Planned Unit Development Direct Control District Regulations ....................................... 131
6.15
C1 - Downtown Commercial District Regulations ....................................................................... 136
6.16
C2 - General Commercial District Regulations ............................................................................ 142
6.17
C3 - Highway Commercial District Regulations ........................................................................... 148
6.18
Reserved for Future Use .............................................................................................................. 154
6.19
C4 - Neighbourhood Commercial District Regulations ............................................................... 155
6.20
C5 - Shopping Centre Commercial District Regulations .............................................................. 159
6.21
DDO - Downtown District Overlay .............................................................................................. 165
6.22
M1 - Light Industrial District Regulation ..................................................................................... 171
6.23
M2 - Heavy Industrial District Regulation .................................................................................... 179
6.24
M3 - Airport Industrial District Regulations ................................................................................ 186
6.25
US - Urban Service and Open Space Regulations ........................................................................ 188
6.26
UR - Urban Reserve District Regulations...................................................................................... 193
6.27
DC - Direct Control Districts Regulations .................................................................................... 197
6.28
DCEM - Direct Control Environmental Management District Regulations ................................. 199
PART 7 - GENERAL REGULATIONS
7.1
Fences .......................................................................................................................................... 203
7.2
Decks, Patios, and Platforms ........................................................................................................ 206
7.3
Detached Garages, Carports, and Accessory Buildings................................................................ 207
7.4
Parking and Loading ..................................................................................................................... 209
Schedule 1 - Vehicular Parking Requirement .............................................................................. 217
Schedule 2 - Loading Spaces Requirement .................................................................................. 221
7.5
Reserved for Future Use .............................................................................................................. 222
7.6
Signs ............................................................................................................................................. 222
Schedule 3 - Zoning Classification ............................................................................................... 229
7.6.7
Specific Regulations for Particular Sign Types ............................................................................. 230
7.7
Lot Grading and Property Drainage ............................................................................................ 244
Bylaw No. 1804-13, as amended
Land Use Bylaw
Page iii
7.8
Landscaping and Screening .......................................................................................................... 245
7.9
Building Separations .................................................................................................................... 253
7.10
Lighting of Sites ............................................................................................................................ 253
7.11
Building Design, Character, and Exterior Treatment ................................................................... 254
7.12
Excavation and Stripping of Land ................................................................................................. 255
7.13
Utility Services to Sites ................................................................................................................. 256
7.14
Sidewalk and Curb Crossings ....................................................................................................... 257
7.15
Corner and Double Fronting Lot .................................................................................................. 258
7.16
Development on a Utility Right of Way ....................................................................................... 259
7.17
Vehicular Access to Sites .............................................................................................................. 260
7.18
Limited Access to Major Streets .................................................................................................. 260
7.19
Emergency Access to Buildings .................................................................................................... 261
7.20
Objects and Uses Prohibited or Restricted in Residential Districts ............................................. 261
7.21
Relocation of Buildings ................................................................................................................ 263
7.22
Construction Damage Security .................................................................................................... 264
7.23
Grading Compliance Security ....................................................................................................... 265
7.24
Payment of Off-site Levies ........................................................................................................... 266
7.25
Water Meter Installation Costs .................................................................................................... 266
7.26
Restrictive Covenants .................................................................................................................. 266
7.27
Development Maintenance Standards ........................................................................................ 266
PART 8 - SPECIFIC USE REGULATIONS
8.1.1
Day Home Operation ................................................................................................................... 268
8.1.2
Child Care Service ........................................................................................................................ 268
8.2
Boarding and Lodging House ....................................................................................................... 269
8.3.1
Limited Foster Home.................................................................................................................... 270
8.3.2
Foster Homes ............................................................................................................................... 270
8.3.3
Limited Group Home.................................................................................................................... 270
8.3.4
Group Home ................................................................................................................................. 271
8.3.5
Institutional Group Home ............................................................................................................ 271
8.3.6
Support Home .............................................................................................................................. 271
8.4
Temporary Shelter Service ........................................................................................................... 272
8.5.1
Secondary Suite ........................................................................................................................... 272
8.5.2
Garage Suite ................................................................................................................................. 273
8.5.3
Mixed Use Residential Suites ....................................................................................................... 275
8.5.4
Apartment Building ...................................................................................................................... 276
8.6.1
Manufactured Home.................................................................................................................... 277
8.6.2
Modular Housing ......................................................................................................................... 277
8.6.3
Residential Sales Centre ............................................................................................................... 278
8.6.4.1 Private Swimming Pool ............................................................................................................... 278
8.6.4.2 Semi-Public Swimming Pool ......................................................................................................... 279
8.7.1
Home Office ................................................................................................................................. 279
8.7.2
Minor Home Based Business ....................................................................................................... 280
Bylaw No. 1804-13, as amended
Land Use Bylaw
Page iv
8.7.3
Major Home Based Business........................................................................................................ 280
8.7.4
Bed and Breakfast Facility ............................................................................................................ 282
8.8
Reserved for Residential .............................................................................................................. 282
8.9
Reserved for Commercial............................................................................................................. 282
8.10
Liquor Store .................................................................................................................................. 282
8.11
Secondhand Store ........................................................................................................................ 283
8.12
Pawn Shop ................................................................................................................................... 283
8.13
Adult Entertainment Facility ........................................................................................................ 284
8.14.1 Pubs and Lounges ........................................................................................................................ 284
8.14.2 Nightclubs and Bars ..................................................................................................................... 285
8.15
Outdoor Restaurant Patio ............................................................................................................ 285
8.16
Licensed Outdoor Patio ............................................................................................................... 286
8.17
Booth Market ............................................................................................................................... 286
8.18
Tourist Campsite .......................................................................................................................... 287
8.19
Outdoor Amusement Establishment ........................................................................................... 287
8.20
Carnival ........................................................................................................................................ 288
8.21
Greenhouse and Plant Nursery .................................................................................................... 288
8.22
General Industrial Uses ................................................................................................................ 289
8.23
Higher Risk Industrial Uses........................................................................................................... 290
8.24
Automotive and Equipment Repair Shop .................................................................................... 290
8.25
Auto Recycling and Salvage Yard ................................................................................................. 291
8.26
Vehicle Oriented Uses .................................................................................................................. 292
8.27.1 Temporary Storage Yard .............................................................................................................. 296
8.27.2 Temporary Building ...................................................................................................................... 296
8.27.3 Tent Structure .............................................................................................................................. 297
8.27.4 Intermodal Container Storage ..................................................................................................... 298
8.28
Stockpile Site ................................................................................................................................ 299
8.29
Auctioneering Establishment ....................................................................................................... 300
8.30
Mini Storage Facility..................................................................................................................... 300
8.31
Security Suite ............................................................................................................................... 300
8.32
Medical Marijuana Production Facilities ..................................................................................... 300
8.33
Cannabis Retail ............................................................................................................................. 301
8.34
Sidewalk Patios ............................................................................................................................ 303
8.35
Manufacturer's Taproom ............................................................................................................. 303
8.36
Solar Collectors ............................................................................................................................ 304
8.37
Small Animal Kennel .................................................................................................................... 304
PART 9 - LAND USE SUBDIVISION CONSIDERATIONS
9.1
Purpose ........................................................................................................................................ 306
9.2
Minimum Parcel Sizes .................................................................................................................. 306
9.3
Engineering Design Standards ..................................................................................................... 306
9.4
Provincial Regulation ................................................................................................................... 306
9.5
Intermunicipal Development Plan ............................................................................................... 307
Bylaw No. 1804-13, as amended
Land Use Bylaw
Page v
9.6
Municipal Development Plan ....................................................................................................... 307
9.7
Area Structure Plans .................................................................................................................... 307
9.8
Area Redevelopment Plans .......................................................................................................... 308
9.9
Documents Registered on the Land Title ..................................................................................... 308
9.10
Servicing Availability and Servicing Master Plans ........................................................................ 308
9.11
Costs Associated with Subdivision ............................................................................................... 308
Schedule 9A - Minimum Parcel Sizes for Subdivision of Land .................................................... 309
PART 10 - CONTRAVENTIONS, VIOLATIONS, AND PENALTIES
10.1
General ......................................................................................................................................... 312
10.2
Violation Notices .......................................................................................................................... 312
10.3
Offences ....................................................................................................................................... 313
10.4
Orders .......................................................................................................................................... 314
10.5
Enforcement of Orders ................................................................................................................ 315
10.6
Penalties ....................................................................................................................................... 315
10.7
Court Order to Comply ................................................................................................................ 315
10.8
Cancellation of Permit ................................................................................................................. 316
Schedule 10A - Fines for Offences .............................................................................................. 317
PART 11 - CLASSIFICATION OF LAND USE INTO LAND USE DISTRICTS
11.1
The Land Use District Map ........................................................................................................... 319
11.2
Land Use District Boundaries ....................................................................................................... 319
11.3
Street and Highway Boundaries................................................................................................... 320
Schedule 11A - Land Use District Map ........................................................................................ 320
Bylaw 1804-13, as amended
Land Use Bylaw
Page 1 of 314
PART 1 - REGULATORY
1.0
Title and Contents
1.1
Title
1.
This Bylaw is the City of Wetaskiwin Land Use Bylaw and is referred to as the
City of Wetaskiwin Land Use Bylaw.
1.2
Contents of Bylaw
1.
The contents of this Bylaw include:
a.
Part 1 comprising of the legal enactment of this Bylaw, and all schedules
and appendices pertaining to those sections;
b.
Part 2 comprising of the definitions with this Bylaw;
c.
Part 3 comprising of the administrative function of this Bylaw;
d.
Part 4 comprising of the direction for application and the notification
process pursuant to the provisions of this Bylaw;
e.
Part 5 consists of the appeal process;
f.
Part 6 consists of the establishment of districts;
g.
Part 7 consists of regulations that apply to general uses;
h.
Part 8 consists of regulations that apply to all use specific properties;
i.
Part 9 consists of the considerations for the subdivision of land and the
development of those lands to municipal standards;
j.
Part 10 provides procedures and processes for dealing with contravention
of the bylaw, violations, fines, and penalties;
k.
Part 11 provides for the division of the City into zoning classifications.
1.3
Headings and Titles
1.
Notwithstanding any other provision of this Bylaw or any other bylaw passed
by Council to the contrary, headings and titles within this Bylaw shall be
deemed to form a part of the text of this Bylaw.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 2 of 314
PART 1 - REGULATORY
1.4
Repeal, Enactment, and Transition Procedures
1.
No provisions of any other bylaw with respect to land use classification,
development control, development schemes and land use classifications
adopted prior to the date of this Bylaw shall hereafter apply to any parts of the
City described in this Bylaw.
2.
Upon the effective date, the City of Wetaskiwin Land Use Bylaw 1747-09 as
amended is hereby repealed.
3.
Subject only to the provisions in the Act respecting legal non-conforming uses
and notwithstanding the effect it may have on rights, vested or otherwise, the
provisions of this Bylaw govern from the effective date onward. No application
for a development permit shall be evaluated under the procedural or
substantive provisions of the previous Land Use Bylaw after the effective date,
even if the application was received before the effective date.
1.5
Transitional and Interpretive
1.
In the case of any conflict between this Bylaw and the maps or drawings used
to illustrate any aspect of this Bylaw, this Bylaw shall govern.
2.
In the case of any conflict between a number written in numerals and a number
written in letters, the number written in numerals shall govern.
3.
In the case of any conflict between information expressed in metric units and
in imperial units, the metric units shall govern.
1.6
Approval Required for Development
4.
No Person, except where a permit is not required:
a.
shall commence, or cause or allow to be commenced, a development
without a development permit issued under the provisions of this Bylaw;
or
b.
shall carry on, or cause or allow to be carried on, a development without a
development permit issued under this Bylaw.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 3 of 314
PART 1 - REGULATORY
2.
An approved development permit means that the proposed development has
been reviewed against the provisions of this Bylaw. It does not remove
obligations to conform with other legislation such as the Act, municipal bylaws
or land title instruments, the City of Wetaskiwin Safety Codes Permit Bylaw, or
any caveats, covenants or easements that might be attached to the site.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 4 of 314
PART 2 - DEFINITIONS
2.1
Definitions
In this Bylaw:
1.
ABUT or ABUTTING means immediately contiguous to or physically touching,
and when used with respect to a lot, means that the lot physically touches upon
another lot or shares a property line or boundary line with it.
2.
ACCESSORY means when used to describe a use or building, a use or
building naturally or normally incidental, subordinate, and exclusively devoted
to the principal use or building, and located on the same lot or site.
3.
ACCESSORY BUILDING means a permanent structure accessory to the main
use or building on the site.
4.
ACT OR MUNICIPAL GOVERNMENT ACT means the Municipal Government
Act, R.S.A. 2000, c. M-26, as amended. References in this Bylaw to other Acts
shall have the following meanings:
a.
Condominium Property Act shall mean the Condominium Property Act,
R.S.A. 2000, c. C 22, as amended.
b.
Environmental Protection and Enhancement Act shall mean the
Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12, as
amended.
c.
deleted as per Bylaw 1997-21
d.
Historical Resources Act shall mean the Historical Resources Act, R.S.A.
2000, c. H-9, as amended.
e.
Railway (Alberta) Act shall mean the Railway Act, R.S.A. 2000, c. R-4, as
amended.
f.
Safety Codes Act shall mean the Safety Codes Act, R.S.A. 2000, c. S-1,
as amended.
5.
ADULT ENTERTAINMENT FACILITY means an establishment that provides
sexually explicit or nude entertainment that is be law restreicted to those
eighteen years of age or older. replaced as per Bylaw 1997-21
6.
AIRCRAFT HANGAR means a storage garage used to store aircraft with at
least 75% of the floor space being utilized to store aircraft. Outdoor storage
used must also be 75% aircraft related.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 5 of 314
PART 2 - DEFINITIONS
7.
AIRCRAFT MAINTENANCE SHOP means a building used primarily for the
repair of aircraft.
8.
AIRCRAFT PARTS STORE means a building used primarily for the storage
and sale of aircraft parts and accessories.
9.
AIRCRAFT SALES/RENTALS means development used for the sale, charter
or rental of aircraft together with incidental maintenance services, and the sale
of parts and accessories.
10.
AMATEUR RADIO ANTENNA AND SUPPORT STRUCTURE means an
installation consisting of an antenna or antenna array, mounted on a metal
tower or support structure, designed for the purpose of the reception and
transmission of radio signals by private, federally licensed amateur radio
operators.
11.
AMENITY AREA means:
a.
with respect to residential use classes, space provided for the active or
passive recreation and enjoyment of the occupants of a residential
development, which may be for private or communal use and owned
individually or in common, subject to the regulations of this Bylaw; and
b.
with respect to non-residential use classes, space provided for the active
or passive recreation and enjoyment of the public, during the hours which
the development is open to the public, which shall be owned and
maintained by the owners of the development, subject to the regulations
of this Bylaw.
12.
ANTIQUE STORE means a development used for the retail sale of collectible,
decorative or household objects that are valued because of their age and
character. This use does not include second hand stores, pawn shops, or booth
markets.
13.
APARTMENT BUILDING means development consisting of five or more
dwellings contained within a building in which the dwellings are arranged in any
horizontal or vertical configuration, which does not conform to the definition of
any other residential use class.
14.
ATTACHED GARAGE means a portion of a building attached to a dwelling
intended for the storage of vehicles for the dwelling occupants.
15.
AUCTIONEERING ESTABLISHMENT means development specifically
intended for the auctioning of goods and equipment, including temporary
Bylaw 1804-13, as amended
Land Use Bylaw
Page 6 of 314
PART 2 - DEFINITIONS
storage of such goods and equipment. This use class does not include flea
markets or the sale of farm animals.
16.
AUTOMOTIVE AND EQUIPMENT REPAIR SHOP means development used
for the commercial servicing and mechanical repair of automobiles,
motorcycles, snowmobiles and similar vehicles or the sale, installation or
servicing of related accessories and parts. This use class includes
transmission shops, muffler shops, tire shops, automotive glass shops, and
upholstery shops. This use class does not include body repair and paint shops.
17.
AUTOMOTIVE AND LIGHT RECREATION VEHICLE SALES/RENTALS
means development used for the retail sale or rental of new or used
automobiles, motorcycles, snowmobiles, tent trailers, boats, travel trailers or
similar light recreational vehicles or crafts, together with incidental
maintenance services and the sale of parts. This use class includes automobile
dealerships, car rental agencies and motorcycle dealerships. This use class
does not include dealerships for the sale of trucks with a gross vehicle weight
rating of 4000kg or greater, or the sale of motorhomes with a gross vehicle
weight rating greater than 6000kg or a length of more than 6.7m.
18.
AUTO SALVAGE AND AUTO RECYCLING YARD means a site in an industrial
district used in whole or partially for the collection of damaged or aged vehicles
for the purpose of salvaging and recycling automotive parts which are sold for
reuse.
19.
BACHELOR SUITE AND BED SITTING ROOM means a dwelling in which the
sleeping and living areas are combined and which is not reasonably capable
of being developed as a dwelling containing one or more bedrooms.
20.
BALCONY means a structure projecting from the wall of a building that may be
surrounded by guardrails or parapet walls.
21.
BARE LAND CONDOMINIUM means a condominium development containing
Bare Land Condominium Units created specifically through subdivision and
registered as a condominium plan in accordance with the Condominium
Property Act, R.S.A. 2000, c. C-22.
22.
BARE LAND CONDOMINIUM UNIT means a bare land unit as defined in the
Condominium Property Act, R.S.A. 2000, c. C-22.
23.
BASEMENT means the portion of a building or structure, which is wholly or
partially below grade, having above grade no more than 1.8m of its clear
height, which lies below the finished level of the floor directly above.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 7 of 314
PART 2 - DEFINITIONS
24.
BED AND BREAKFAST Facility means a major home-based business where
the primary occupant(s) of a residential building provide hospitality and
sleeping accommodation along with the availability of meals to other persons
for remuneration on a per night basis.
25.
BLANK WALL deleted as per Bylaw 1997-21
26.
BOARDING AND LODGING HOUSE means a development consisting of a
building containing more than one (1) additional sleeping unit where lodging or
sleeping accommodation with or without meals is provided for remuneration on
a monthly basis and shared kitchens for the use of the residents. This use class
does not include group homes.
27.
BOOTH MARKET means development used for the sale of new or used goods
by multiple vendors renting tables or space in an enclosed building or in
outdoor space. Typical uses include farmers markets, flea markets, trade
shows, sidewalk sales and fairs.
28.
BROADCASTING AND MOTION PICTURE STUDIO means development used
for the production or broadcasting of audio and visual programming typically
associated with radio stations, television stations and motion picture studios.
29.
BUILDING means anything constructed or placed on, in, over, or under land but
does not include a highway, or public roadway or bridge forming part of a highway
or public roadway, or any utility installation.
30.
BUILDING PERMIT means a building permit issued pursuant to the building
permit bylaw authorizing construction.
31.
BUILDING SEPARATION means open space around dwellings separating
them from adjacent buildings or activities, and providing daylight, ventilation,
and privacy. Separation space is not a yard.
32.
BUSINESS SUPPORT SERVICE means development used to provide support
services to businesses which are characterized by one (1) or more of the
following features: the use of mechanical equipment for printing, duplicating,
binding or photographic processing; the provision of office maintenance or
custodial services; the provision of office security; and the sale, rental, repair
or servicing of office equipment, furniture and machines. Typical uses include
printing establishments, film processing establishments, janitorial firms and
office equipment sales and repair establishments.
33.
CALLIPER means the trunk diameter of a tree measured at a point 300 mm
above the top of the root ball.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 8 of 314
PART 2 - DEFINITIONS
33.1 CANNABIS means cannabis plant, fresh cannabis, dried cannabis, cannabis
oil and cannabis plant seeds and any other substance defined as cannabis in
the Cannabis Act (Canada) and its regulations, as amended from time to time.
added as per Bylaw 1914-18
33.2 CANNABIS RETAIL means a development used for the retail sale of non-
medical cannabis that is authorized by provincial or federal legislation and
licensed by the Province of Alberta. This use does not include Cannabis
Production Facilities. added as per Bylaw 1914-18
34.
CANOPY deleted as per Bylaw 1997-21; amended section number as per Bylaw 2015-22
35.
CARNIVAL means temporary development providing a variety of shows,
games and amusement rides, for a period of less than seven (7) days, in which
the patrons take part.
36.
CARPORT means a roofed structure used for storing or parking of not more
than two (2) private vehicles and which has not less than 40% of its total
perimeter open and unobstructed. The structure must be attached to the
primary residence.
37.
CASINO AND OTHER GAMING ESTABLISHMENTS means development
providing facilities for patrons to participate in gaming opportunities as the
principal use. Typical uses include bingo halls and casinos. This use class does
not include major and minor amusement establishments or other use classes
where a bingo or casino occurs on an infrequent basis as an accessory use to
another principal use.
38.
CEMETERY means development of a parcel of land primarily as landscaped
open space for the entombment of the deceased, and may include the following
accessory developments: crematories, cinerariums, columbariums, and
mausoleums. Typical uses in this class include memorial parks, burial grounds
and gardens of remembrance.
39.
CHILD CARE SERVICE means development intended to provide care,
educational activities, and supervision for groups of seven or more children
under 16 (sixteen) years of age during the day or evening, but does not include
overnight accommodation, and is intended to be operated for at least 12
(twelve) consecutive weeks each year. This use class includes daycare
centres, out-of-school care centres, drop-in centres and nursery schools and
does not include day home operations.
40.
CITY means the Municipal Corporation of the City of Wetaskiwin.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 9 of 314
PART 2 - DEFINITIONS
41.
COMMERCIAL SCHOOL means development used for training and instruction
in a specific trade, skill or service for the financial gain of the individual or
company owning the school. This use class does not include schools defined
as public education. Typical uses include secretarial, business, hairdressing,
beauty culture, dancing or music schools.
42.
COMMUNITY RECREATION SERVICE means development for recreational,
social or multi-purpose use without fixed seats and an occupancy capacity of
less than five hundred (500) persons, primarily intended for local community
purposes. Typical uses include community halls, community centres, and
community league buildings.
43.
COMPLIANCE CERTIFICATE means a document which may be issued by a
Development Officer, upon request and upon payment of the required fees,
indicating that a building(s) located on a site is (are) located in accordance with
the yard regulations of this Bylaw and the yards specified in development
permits which may have been issued for the site. A Compliance Certificate
shall not operate as a development permit, nor shall it approve any variance to
the yard regulations of this Bylaw not previously approved.
44.
CONTRACTOR SERVICE means development used for the provision of building
construction, landscaping, concrete, electrical, excavation, drilling, heating,
plumbing, paving, road construction, sewer or similar services of a construction
nature which require on-site storage space for materials, construction equipment
or vehicles normally associated with the contractor service.
45.
CONVENIENCE RETAIL STORE means development used for the retail sale
of those goods required by area residents or employees on a day to day basis.
Typical uses include small food stores, drug stores, and variety stores selling
confectionery, tobacco, groceries, beverages, pharmaceutical and personal
care items, hardware or printed matter. This use does not include fuel sales or
vehicle oriented uses.
46.
CONVENIENCE VEHICLE RENTAL means development used for the rental of
new or used automobiles and light trucks with a gross vehicle weight rating of
4000kg or less. This use class includes those establishments which are not
strictly office in nature, but include, as an integral part of the operation, minor
vehicle servicing, storing, fuelling or car washing facilities. This use class does
not include professional, financial and office support services, fleet services or
establishments for the rental of trailers.
47.
CONVENTIONALLY CONSTRUCTED OR CONVENTIONAL STICK BUILT
deleted as per Bylaw 1997-21; amended section number as per Bylaw 2015-22
Bylaw 1804-13, as amended
Land Use Bylaw
Page 10 of 314
PART 2 - DEFINITIONS
48.
CONVERSION deleted as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
49.
CORNER LOT means:
a.
a lot located at the intersection of two (2) public roadways, other than
lanes; or
b.
a lot located abutting a public roadway, other than a lane, which changes
direction at any point where it abuts the lot,
provided that in both cases, the lot shall not be considered a corner lot where
the contained angle formed by the intersection or change of direction is an
angle of more than 135 degrees. In the case of a curved corner, the angle shall
be determined by the lines tangent to the property line abutting the public
roadways, provided the roadway is not a lane, at the point which is the
extremity of that property line. In the case of a curved corner, the point which
is the actual corner of the lot shall be that point on the property line abutting
the public roadway, provided the roadway is not a lane, which is nearest to the
point of intersection of the tangent lines.
50.
COUNCIL means the Council of the Municipal Corporation of the City of
Wetaskiwin.
51.
CURB CUT means the cutting or lowering of a curb, sidewalk, or boulevard, or
any of them, to provide a driveway for vehicular and pedestrian access to a
site.
52.
DAY HOME OPERATION means a major home-based business that provides
a childcare program in the private residence of the operator for up to
6 (six) children who may include infants, preschool children, kindergarten
children and school-aged children.
53.
DECK means a horizontal structure that is either attached to, or separate from
a building, is greater than 0.2m above grade to the walking surface and is
intended as an outdoor amenity area. Similar structures of less than 0.2 m
above grade are deemed to be hard landscaping.
54.
DENSITY means, when used in reference to residential and residential-related
development, the number of dwellings on a site expressed as dwellings per
hectare.
55.
DETACHED GARAGE means an accessory building, not connected to the
building, intended for the storage of vehicles or property for the dwelling
occupants.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 11 of 314
PART 2 - DEFINITIONS
56.
DEVELOPMENT means:
a.
an excavation or stockpile and the creation of either of them; or
b.
a building or an addition to or replacement or repair of a building and
construction or placing of any of them in, on, over or under land; or
c.
a change of use of land or a building or an act done in relation to land or
a building that results in or is likely to result in a change in the use of the
land or building; or
d.
a change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a change
in the intensity of use of the land or building.
57.
DEVELOPMENT AUTHORITY means a development authority pursuant to this
Bylaw. replaced as per Bylaw 1997-21; amended section number as per Bylaw 2015-22
58.
DEVELOPMENT PERMIT means a document that is issued under a Land Use
Bylaw and authorizes a development.
59.
DISCRETIONARY USE means those uses of land, buildings, or structures for
which permits may be issued only at the discretion of the Development Officer.
60.
DOUBLE FRONTING LOT means a lot which abuts two (2) public roadways,
not including lanes as defined in the Traffic Safety Act. replaced as per
Bylaw 1997-21; amended section number as per Bylaw 2015-22
61.
DRIVE-IN FOOD SERVICE means development used as an eating
establishment which offers a limited menu produced in a manner that allows
rapid customer service and include one (1) or more of the following features:
car attendant services; drive-through food pickup services; or parking primarily
intended for the on-site consumption of food within a motor vehicle.
62.
DRIVE-IN SERVICE deleted as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
63.
DUPLEX HOUSING means a single building on a single lot containing two (2)
dwelling units, and each having a separate direct entrance from the exterior.
replaced as per Bylaw 1997-21; amended section number as per Bylaw 2015-22
64.
DWELLING means development that consists of a building, or portion(s) thereof,
containing one (1) or more dwelling units, used or intended to be used, for
residential purposes.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 12 of 314
PART 2 - DEFINITIONS
65.
DWELLING UNIT means a complete building or self-contained portion of a
building intended for the domestic use of one (1) or more individuals living as a
single housekeeping unit with cooking, eating, living, sleeping and sanitary
facilities.
66.
EATING AND/OR DRINKING ESTABLISHMENT deleted as per Bylaw 1997-21;
amended section number as per Bylaw 2015-22
67.
EQUIPMENT RENTAL means development used for the rental of tools,
appliances, recreation craft, office machines, furniture, light construction
equipment, or similar items. This use class does not include the rental of motor
vehicles or industrial equipment.
68.
ENCLOSED FRONT PORCH deleted as per Bylaw 1997-21; amended section number
as per Bylaw 2015-22
69.
ENVIRONMENTAL RESERVE means the land designated as environmental
reserve by a subdivision authority or a municipality.
70.
ESSENTIAL UTILITY SERVICE means development which is part of the
infrastructure of a principal utility, pumping stations, electrical power
transformers, underground water reservoirs, and wells. Typical uses include
regulating stations.
71.
EXHIBITION AND CONVENTION FACILITY means a development which is
owned and managed by a public authority or non-profit agency and provides
permanent facilities for meetings, seminars and conventions; product and trade
fairs; circuses; and other exhibitions. Typical uses include exhibition grounds
and convention centres.
72.
EXTENDED MEDICAL TREATMENT SERVICE means development providing
room, board, and surgical or other medical treatment for the sick, injured or
infirm including out-patient services and accessory staff residences. Typical
uses include hospitals, sanitariums, nursing homes, convalescent homes,
isolation facilities, psychiatric hospitals, auxiliary hospitals, and detoxification
centres.
73.
FARM means development for the primary production of farm products such
as dairy products, poultry products, cattle, hogs, sheep and other animals,
wheat, oilseeds or other grains, and vegetables or other field crops. This does
not include livestock operations.
74.
FENCE means a vertical physical barrier constructed to prevent visual intrusion,
sound abatement, or unauthorized access.
75.
FIXED SIGN deleted as per Bylaw 1997-21; amended section number as per Bylaw 2015-22
Bylaw 1804-13, as amended
Land Use Bylaw
Page 13 of 314
PART 2 - DEFINITIONS
76.
FLEET SERVICE means development using a fleet of vehicles for the delivery
of people, goods or services, where such vehicles are not available for sale or
long term lease. This use class includes ambulance services, taxi services, bus
lines, messenger and courier services. This use class does not include moving
or cartage firms involving trucks with a gross vehicle weight of more than
3000 kg.
77.
FLOOR AREA means the area of the building or structure contained within the
outside surface of the exterior walls, not including basement walls, provided that
in the case of a wall containing a window, the glazing line of windows may be
used.
78.
FLOOR AREA RATIO means the numerical value of the floor area of the
building or structure relative to the site upon which it is located, excluding:
a.
basement areas used exclusively for storage or service to the building;
b.
parking areas below grade;
c.
walkways required by the Development Officer;
d.
floor areas devoted exclusively to mechanical or electrical equipment
servicing the development, divided by the area of the site; and
e.
flat roof areas used for decks.
79.
FOSTER CARE means the provision of family-based care for children who
cannot remain in their own family home due to child protection concerns or
exceptional special needs. This definition does not include care in a facility that is
owned, leased, rented, or managed by a business, agency, or non-profit society
in the business of social care.
80.
FOSTER HOME means a non-staffed home that provides foster care for more
than three (3) children.
81.
FOUNDATION means the supporting portion of a building that includes the
footings and/or pilings.
82.
FOURPLEX HOUSING means development consisting of a building containing
four (4) dwellings that have either a separate primary entrance from the exterior
of the building to each dwelling unit or an entrance to the suite from a
commoncorridor. This type of development shall be designed and constructed
as four (4) dwellings at the time of initial construction of the building. This use
class does not include secondary suites.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 14 of 314
PART 2 - DEFINITIONS
83.
FRONTAGE means where used with reference to residential development, the
lineal distance measured along the front lot line; and, when used with reference
to non-residential development, the length of the property line of any side of a
separate development which is parallel to and abuts a public roadway, not
including a lane, which is directly accessible from the development. The
frontage of individual premises in a multiple occupancy development shall be
considered as the total width of the bays occupied by that premises which have
exposure parallel to any frontage of the multiple occupancy development.
84.
FRONT LOT LINE means the property line separating a lot from an abutting
public roadway other than a lane. In the case of a corner lot, the front line is
the shorter of the property lines abutting a public roadway, other than a lane.
In the case of a corner lot formed by a curved corner, the front lot line shall be
the shorter of the two (2) segments of the property line lying between the point
determined to be the actual corner and the two (2) points at the extremities of
that property line.
85.
FRONT YARD means a yard extending across the full width of a parcel of land
from lot line to the nearest exterior wall of the main building situated on the
parcel of land. replaced as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
86.
GAMING ESTABLISHMENT means the use of a building or a portion thereof for
the holding of bingo games, operating a casino, placement of video lottery
terminals, or similar gambling or betting activities not intended as the principal
use.
87.
GARAGE means an accessory building, or part of a principal building designed
and used primarily for the storage of motor vehicles.
88.
GARAGE SUITE means development accessory to the principal residential
use consisting of a self-contained dwelling attached to a rear detached garage.
replaced as per Bylaw 1997-21; amended section number as per Bylaw 2015-22
89.
GENERAL CONTRACTOR SERVICE means development used for the
provision of building construction, landscaping, concrete, electrical,
excavation, drilling, heating, plumbing, paving, road construction, sewer or
similar services of a construction nature which require on-site storage space
for materials, construction equipment or vehicles normally associated with the
contractor service. Any sales, display, office or technical support service areas
shall be accessory to the principal general contractor services use only. This
use class does not include professional, financial and office support services.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 15 of 314
PART 2 - DEFINITIONS
90.
GENERAL INDUSTRIAL USE means development used principally for one (1)
or more of the following activities: replaced as per Bylaw 1997-21; amended section
number as per Bylaw 2015-22
a.
the processing of raw materials;
b.
the manufacturing or assembling of semi-finished or finished goods,
products, or equipment;
c.
the cleaning, servicing, repairing, or testing of materials, goods, and
equipment normally associated with industrial or commercial businesses
or cleaning, servicing, and repair operations to goods and equipment
associated with personal or household use, where such operations have
impacts that would make them incompatible in non-industrial zones;
d.
the storage or transshipping of materials, goods, and equipment;
e.
the distribution and sale of materials, goods, and equipment to institutions,
industrial, and commercial businesses for their direct use or to general
retail stores or other sales use classes defined in this Bylaw for resale to
individual customers; or
f.
the training of personnel in general industrial operations.
91.
GENERAL RETAIL STORE means development used for the retail sale of
groceries, beverages, household goods, furniture and appliances, hardware,
printed matter, confectionery, tobacco, pharmaceutical and personal care
items, automotive parts and accessories, video sales and rentals, office
equipment, stationery and similar goods from within an enclosed building.
Minor public services, such as postal services and film processing depots, are
permitted within general retail stores. This use does not include other defined
uses.
92.
GOVERNMENT SERVICE means development providing municipal, provincial
or federal government services directly to the public. This use class does not
include protective and emergency services, minor or major impact utility
services, and public education services. Typical uses include taxation offices,
courthouses, postal distribution offices, human resource and employment
offices, social service offices and airport terminals.
93.
GRADE means a geodetic elevation from which the height of a structure is
measured.
94.
GREENHOUSE AND PLANT NURSERY means development used primarily
for the raising, storage, basic processing and sale of fruits and vegetables,
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bedding, edible, household, and ornamental plants. This use includes the retail
sales of landscaping materials.
95.
GROUND SIGN deleted as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
96.
GROUP HOME means a staffed residential care facility that is authorized,
licensed, or certified by a public authority to provide care and\or supervision to
more than four (4) and less than nine (9) residents, exclusive of staff. This use
class does not include those facilities defined as foster homes or limited foster
homes and does not include extended medical treatment services such as
alcohol and drug addiction treatment centers or crime rehabilitation treatment
centers.
97.
HALF STOREY (or ½ Storey) means a storey under a gable, hip, or gambrel
roof, the wall plates of which, on at least two (2) opposite walls, are not more
than 0.66m above the floor of such storey.
98.
HEALTH SERVICE means development used for the provision of physical and
mental health services on an outpatient basis. Services may be of a
preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling
nature. Typical uses include medical and dental offices, health clinics,
counselling services. This use may also include consultations on the use of
medical cannabis, providing prescriptions for medical cannabis and providing
information on access to medical cannabis. amended as per Bylaw 1914-18
99.
HEIGHT means when used with reference to a building or structure, the vertical
distance between the horizontal plane through grade and a horizontal plane
through the highest point. replaced as per Bylaw 1997-21; amended section number as
per Bylaw 2015-22
100. HIGHER RISK INDUSTRIAL USE means uses that have the production, bulk
storage, or handling of materials in large quantities that have a higher risk of
explosion or injuries to persons off site in an emergent situation. The uses
include but are not limited to bulk fuel storage and handling facilities, bulk
propane storage and handling facilities, anhydrous ammonia storage and
handling facilities.
101. HIGH SIGN deleted as per Bylaw 1997-21; amended section number as per Bylaw 2015-22
102. HOME ADDRESS SIGN deleted as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
103. HOME OFFICE means a dedicated area located in a dwelling which has a
phone and or a fax for a registered business entity but where there are no
business clients, employees, products, or deliveries.
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104. HOTEL means development used for the provision of rooms or suites for
temporary sleeping accommodation where the rooms have access from a
common interior corridor. Hotels may include licensed restaurants, meeting
rooms, personal services shops, pubs, and lounges. This use class does not
include nightclubs or bars.
105. HOUSEHOLD REPAIR SERVICE means development used for the provision
of repair services to goods, equipment and appliances normally found within
the home. This use class includes radio, television, and appliance repair shops,
furniture refinishing and upholstery shops. This use class does not include
personal service businesses.
106. INDOOR PARTICIPANT RECREATION SERVICE means development
providing facilities within an enclosed building for sports and active recreation
where patrons are predominantly participants and any spectators are incidental
and attend on a non-recurring basis. Typical uses include athletic clubs, health
and fitness clubs, curling, roller skating and hockey rinks, swimming pools,
bowling alleys, and racquet clubs.
107. INDUSTRIAL BUILDING means a building designed for use for one (1) or more
defined industrial uses and may contain accessory office space.
108. INSTITUTIONAL GROUP HOME means a staffed residential care facility that
is authorized, licensed or certified by a public authority to provide care and/or
supervision to more than eight (8) residents, exclusive of staff. This use class
does not include extended medical treatment services, drug addiction or crime
rehabilitation centers, or senior citizen housing facilities.
109. INTERMODAL CONTAINER STORAGE means Intermodal Container used for
the storage of materials that will be placed on a site for a period of longer than
ninety (90) days. amended as per Bylaw 1922-19
109.1 INTERMODAL CONTAINER means a standardized shipping container or
similar that is either added as per Bylaw 1922-19, amended as per Bylaw 1951-20
a. less than 6.1 m in length, or;
b. 6.1 m in length or over.
110. LANDSCAPING means the preservation or modification of the natural features
of a site through the placement or addition of any or a combination of the
following:
a.
soft landscaping elements such as trees, shrubs, plants, lawns, and
ornamental plantings;
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b.
decorative hard surfacing elements such as bricks, pavers, shale, crushed
rock, or other suitable materials, excluding monolithic concrete and
asphalt, in the form of patios, walkways, and paths; and
c.
architectural elements such as decorative fencing, walls, and sculpture.
111. LANE means a public roadway, which provides a secondary means of
vehicular access to a lot.
112. LICENSED OUTDOOR PATIO deleted as per Bylaw 2019-22
113. LICENSED RESTAURANT means a restaurant with a Class A - minors
permitted liquor license, where alcohol can be served with meals. This use
does not include pubs, lounges, or bars and nightclubs. amended as per Bylaw
2019-22.
114. LIMITED CONTRACTOR SERVICE means development used for the provision
of electrical, plumbing, heating, painting, and similar contractor services
primarily to individual households and the accessory sale of goods normally
associated with the contractor services where all materials are kept within an
enclosed building, and there are no accessory manufacturing activities or fleet
storage of more than four vehicles.
115. LIMITED FOSTER HOME means a non-staffed home that provides foster care
for less than four (4) children.
116. LIMITED GROUP HOME means a staffed residential care facility which is
authorized, licensed, or certified by a public authority to provide care and or
supervision of more than two (2) and less than five (5) residents, exclusive of
staff. This use class does not include those facilities defined as foster homes
or limited foster homes and does not include extended medical treatment
services such as alcohol and drug addiction treatment centers or crime
rehabilitation treatment centers.
117. LIQUOR STORE means development used for the retail sales of any and all
types of alcoholic beverages to the public for consumption off the premises.
This use class may include retail sales of related products such as soft drinks
and snack foods.
118. LIVESTOCK deleted as per Bylaw 1997-21; amended section number as per Bylaw 2015-22
119. LIVESTOCK OPERATION deleted as per Bylaw 1997-21; amended section number as
per Bylaw 2015-22
120. LOADING SPACE means an off-street space on the same lot as a building or
group of buildings used to provide unobstructed access for vehicles to a loading
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door, platform, or bay. replaced as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
121. LOT means:
a.
a quarter section;
b.
a river lot shown on an official plan, as defined in the Surveys Act, that is filed
or lodged in a land titles office;
c.
a settlement lot shown on an official plan, as defined in the Surveys Act, that
is filed or lodged in a land titles office;
d.
a part of a parcel described in a certificate of title if the boundaries of the part
are described in the certificate of title other than by reference to a legal
subdivision; or
e.
a part of a parcel described in a certificate of title if the boundaries of the part
are described in a certificate of title by reference to a plan of subdivision.
122. LOT DEPTH means the minimum horizontal distance between the front and rear
lot boundaries.
123. LOT WIDTH means the horizontal measurement between the side lot lines
measured at a point 6.0 m perpendicularly distant from the front boundary of the
lot.
124. MAJOR AMUSEMENT ESTABLISHMENT means development providing
facilities within any building, room or area having three or more table games or
electronic games played by patrons for entertainment. This use class does not
include carnivals, circuses, indoor participant recreation services, adult
entertainment facilities, or casinos and other gaming establishments.
125. MAJOR HOME-BASED BUSINESS means development consisting of the use
of an approved dwelling or accessory building by a resident of that dwelling for
one (1) or more businesses. This use class includes bed and breakfast facilities
but does not include general retail sales. replaced as per Bylaw 1997-21; amended
section number as per Bylaw 2015-22
126. MAJOR IMPACT UTILITY SERVICE means development for public utility
infrastructural purposes which are likely to have a major impact on the
environment or adjacent uses by virtue of their potential emissions or effects,
or their appearance. Typical uses include sanitary landfill sites, sewage
treatment plants, sewage lagoons, sludge disposal beds, garbage transfer and
compacting stations, power generating stations, cooling plants, district heating
plants, incinerators, and waste recycling plants.
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127. MANUFACTURED HOME means development consisting of transportable
single detached housing which is suitable for permanent occupancy, designed
to be transported on its own wheels, and which is, upon its arrival at the site
where it is to be located, ready for occupancy except for incidental building
operations such as placement on foundation supports and connection to
utilities.
128. MANUFACTURED HOME SITE means the space allotted for the installation of
one manufactured home in any manufactured home community or
manufactured home subdivision.
129. MANUFACTURED HOME COMMUNITY means a parcel of land under one
title, which has been divided, into manufactured home sites.
129.1 MANUFACTURER'S TAPROOM means a licensed premise that is open to the
public for the sale and on-site consumption of liquor, where manufacturing is the
primary source of business, and a development permit has been issued for the
manufacturing use. This use does not include Licensed Restaurants, Nightclubs
and Bars, Pubs and Lounges, or Liquor Stores. Added as per Bylaw 2075-24
129.1 MEDICAL MARIHAUNA added as per Bylaw 1855-15, deleted as per Bylaw 1914-18
129.3 MEDICAL MARIHAUNA PRODUCTION FACILITY means a use where medical
marihuana is grown, processed, packaged, tested, destroyed, stored, or loaded
for shipping where a license for all activities associated with medical marihuana
production has been issued by Health Canada. added as per Bylaw 1855-15, amended
as per Bylaw 2075-24
129.2 MEDICAL CANNABIS means a substance used for medical purposes
authorized by a license issued under the federal government's Access to
Cannabis for Medical Purposes Regulation or any subsequent legislation
which may be enacted in substitution. added as per Bylaw 1914-18
130. MINI STORAGE FACILITY means a secure site containing building(s)
constructed and used for the rental of bays to persons or businesses for
storage of private goods. The site may also contain indoor or outdoor allotted
rental spaces to be used for the storage of vehicles and Recreational Vehicles,
security offices and security suites. amended as per Bylaw 2040-23
131. MINOR AMUSEMENT ESTABLISHMENT means development providing
facilities within any building, room or area having two (2) or less table games
or electronic games played by patrons for entertainment. This use class does
not include carnivals, circuses, indoor participant recreation services, or casino
and other gaming establishments.
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132. MINOR HOME-BASED BUSINESS means development consisting of the use
of an approved dwelling within a residential building by a resident of that
dwelling where the business requires no more than one business-related vist
per day. This use class does not include general retail sales. replaced as per
Bylaw 1997-21; amended section number as per Bylaw 2015-22
133. MINOR IMPACT UTILITY SERVICE means development for public utility
infrastructural purposes which is likely to have some impact on the environment
or adjacent land uses by virtue of its appearance, noise, size, traffic generation
or operational characteristics. Typical uses in this use class include vehicle,
equipment and material storage yards for utilities and services, telephone
exchanges, wire centres, switching centres, snow dumping sites, light rail
transit stations, transit bus terminals, depots and transfer facilities, surface
reservoirs or storm water lakes, water towers, hydrospheres, water treatment
plants, power terminal and distributing substations, communication towers, and
gate stations for natural gas distribution.
134. MIXED USE RESIDENTIAL SUITE means residential suites within a
commercial building that do not occupy the primary commercial space of the
building.
135. MOBILE CATERING FOOD SERVICE means development using a fleet of
three (3) or more vehicles for the delivery and sale of food to the public.
136. MODULAR HOUSING means a dwelling unit manufactured off-site in a factory
and placed onto a permanent foundation on-site or more complete dwelling
units for year-round occupancy.
137. MOTEL means development used for the provision of rooms or suites for
temporary lodging or light housekeeping, where each room or suite has its own
exterior access. Motels may include licensed restaurants, meeting rooms,
personal services shops, pubs, and lounges.
138. MULTI-TENANT COMMERCIAL BUILDING means a building designed and
constructed in accordance with appropriate codes to accommodate multiple
commercial tenants and or uses with in the same building. Approval for the
classification does not include approval for the specific uses. This classification
may include spaces designed mixed-use residential suites provided all
regulations are met.
139. MUNICIPAL RESERVE means the land designated as municipal and school
reserve.
140. NATURAL RESOURCE DEVELOPMENT deleted as per Bylaw 1997-21; amended
section number as per Bylaw 2015-22
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141. NATURAL SCIENCE EXHIBIT deleted as per Bylaw 1997-21; amended section number
as per Bylaw 2015-22
142. NIGHTCLUBS AND BARS means a building with a Class A - minors prohibited
liquor licence, with an occupant load of greater than forty-nine (49) persons,
where the primary purpose of the facility is the sale of alcoholic beverages to
the public, for consumption within the premises or off-site sales with a Class D
liquor license. Major or minor amusement establishments are a permitted
accessory use. This use does not include pubs and lounges, licensed outdoor
patios, or adult entertainment facilities. This facility may include licensed
electronic gaming devices.
143. NON-COMERCIAL FARM deleted as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
144. NON-CONFORMING BUILDING means a building:
a.
that is lawfully constructed or lawfully under construction at the date a Land
Use Bylaw affecting the building or the land on which the building is situated
becomes effective; and
b.
that on the date this Land Use Bylaw becomes effective does not, or in the
case of a building under construction will not, comply with the Land Use
Bylaw.
145. NON-CONFORMING USE means a lawful specific use:
a.
being made of land or a building or intended to be made of a building lawfully
under construction, at the date this Land Use Bylaw or any amendment
thereof affecting the land or building becomes effective; and
b.
that on the date this Land Use Bylaw or any amendment thereof becomes
effective does not, or in the case of a building under construction will not,
comply with this Land Use Bylaw.
146. NON-FIXED SIGN means any sign that is not a fixed sign.
147. NUDITY OR SEMI-NUDITY means a state of undress to expose the breasts of
females or the genital area or buttocks of males or females.
148. OFF-SITE ADVERTISING means the advertising of a business, commodity,
service, or entertainment that is conducted, sold, or offered elsewhere other
than the site on which the sign is located.
149. OUTDOOR AMUSEMENT ESTABLISHMENT means permanent development
providing facilities for entertainment and amusement activities which primarily
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take place out-of-doors, where patrons are primarily participants. This use
class does not include carnivals or circuses. Typical uses include amusement
parks, go-cart tracks, and miniature golf establishments.
150. OUTDOOR PARTICIPANT RECREATION SERVICE means development
providing facilities which are available to the public at large for sports and active
recreation conducted outdoors. This use class does not include community
recreation services, spectator sports establishments, and outdoor amusement
establishments. Typical uses include golf courses, driving ranges, ski hills, ski
jumps, sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks,
athletic fields, boating facilities, outdoor swimming pools, bowling greens,
riding stables, fitness trails, and gun and archery ranges.
151. OUTDOOR RESTAURANT PATIO means an extension of an enclosed outdoor
area adjacent or adjoining to a restaurant.
152. OUTDOOR STORAGE YARD means a securely fenced site used in whole or
in part for the storage of equipment of materials.
153. OVERLAY means additional development regulations superimposed on
specific areas of the zoning map, which supersede or add to the development
regulations of the underlying zone.
154. OVERSIZE DETACHED GARAGE means a detached garage exceeding
80.0 m2.
155. PARAPET WALL means that part of an exterior, party wall, or firewall extending
above the roofline or a wall, which serves as a guard at the edge of a balcony or
roof.
156. PARKING FACILITY means the area set aside for the storage and parking of
vehicles and includes parking stalls, loading spaces, aisles, entrances and exits
to the area, and traffic islands where they are part of the parking facility.
157. PARKING GARAGE means an accessory building or structure, or any portion
of a principal building or structure, containing communal parking spaces used
for vehicular parking or storage.
158. PARKING STALL means a space available for parking one (1) motor vehicle.
159. PARTY WALL means either:
a.
a wall erected at, or upon, a line separating two (2) parcels of land, each
of which is, or is capable of being, a separate legal parcel subdivided under
the Municipal Government Act; or
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b.
a wall separating two (2) dwellings, each of which is, or is capable of being,
a separate legal parcel divided under the Condominium Property Act.
160. PATIO means a hard surface area 0.2 m or less above grade that is placed
adjacent to a building intended to be used as an outdoor amenity area. Patios
are generally not equipped with railings or do not require stairs.
161. PAWN SHOP means a property used for a business that engages in the
business of granting credit to individuals for personal, family, or household
purposes and who takes in consumer goods by taking possession of them, or
who purchases consumer goods under agreements or undertakings, express
or implied, that the goods may be repurchased by the sellers.
162. PERMITTED USE means the use of land or a building provided for in the Land
Use Bylaw for which a development permit shall be issued with or without
conditions upon an application having been made, which conforms to the Land
Use Bylaw.
163. PERSONAL SERVICE BUSINESS means development used for the provision
of personal services to an individual that are related to the care and appearance
of the body, or the cleaning and repair of personal effects. This use includes
barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair
shops, dry-cleaning establishments, and laundromats, but does not include
health services.
164. PLAN OF SUBDIVISION means a plan of survey prepared in accordance with
the Land Titles Act for the purpose of effecting a subdivision.
165. PRINCIPAL BUILDING means a building or use, which in the opinion of the
Development Authority:
a.
occupies the major or central portion of a lot;
b.
is the chief or main building among one (1) or more buildings on the lot; or
c.
constitutes by reason of its use the primary purpose for which the lot is used.
There shall be no more than one (1) principal building on each lot unless
specifically permitted otherwise in this Bylaw.
166. PRINCIPAL USE means the primary purpose, in the opinion of the Development
Authority, for which a building or lot is used. There shall be no more than one (1)
principal use on each lot unless specifically permitted otherwise in this Bylaw.
167. PRIVATE CLUB deleted as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
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168. PRIVATE OUTDOOR AMENITY AREA means required open space provided
and designed for the active or passive recreation and enjoyment of the
residents of a particular dwelling and which is immediately adjacent to and
directly accessible from the dwelling it is to serve.
169. PRIVATE SEWAGE SYSTEM means a sewage system that that is approved by
the correct authority and used solely for one (1) property where no municipal
system with the sewage to be disposed of on site by approved methods.
170. PRIVATE SWIMMING POOL means a structure, basin or tank containing an
artificially created pool of water that is greater than 600 mm in depth at any
point and is used for swimming, recreation, bathing, diving, wading, healing or
therapy, religious rituals or other purpose and includes all buildings, equipment
and facilities used in connection with it, that is used on a site with a single
dwelling building by the owner, tenants, or their guest. This use class includes
outdoor hot tubs.
171. PROFESSIONAL, FINANCIAL, AND OFFICE SUPPORT SERVICE means
development primarily used for the provision of professional, management,
administrative, consulting, and financial services, but does not include health
services or government services. Typical uses include the offices of lawyers,
accountants, engineers, and architects; offices for real estate and insurance
firms, clerical, secretarial, employment, telephone answering, and similar office
support services; and banks, credit unions, loan offices, and similar financial
uses.
172. PROVINCIAL LAND USE POLICIES means the Provincial Land Use Policies.
173. PUBLIC AND QUASI-PUBLIC BUILDING means a building, which is, available
to the public for the purpose of assembly, instruction, and culture or for a
communal activity, but does not include a school or a place of public
entertainment for which an admission fee is customarily charged.
174. PUBLIC EDUCATION SERVICE means development which is publicly
supported or subsidized involving public assembly for educational, training or
instruction purposes, and includes the administration offices required for the
provision of such services on the same site. This use class includes public and
separate schools, community colleges, universities, and technical and
vocational schools, and their administrative offices. This use class does not
include private education services and commercial schools.
175. PUBLIC LIBRAIRY AND CULTURAL EXHIBIT means development for the
collection of literary, artistic, musical and similar reference materials in the form
of books, manuscripts, recordings and films for public use, or a development
for the collection, preservation, and public exhibition of works or objects of
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historical, scientific, or artistic value. Typical uses include libraries, museums,
and art galleries.
176. PUBLIC PARK means development of public land specifically designed or
reserved for the general public for active or passive recreational use and
includes all natural and man-made landscaping, facilities, playing fields,
buildings, and other structures that are consistent with the general purposes of
public parkland, whether or not such recreational facilities are publicly operated
or operated by other organizations pursuant to arrangements with the public
authority owning the park. Typical uses include tot lots, band shells, picnic
grounds, pedestrian trails and paths, landscaped buffers, playgrounds, and
water features.
177. PUBLIC SPACE means space within an establishment, which is open to the
public and not restricted to employees only. This definition does not include
kitchens, administrative offices, and food or drink preparation areas.
178. PUBLIC UTILITY USES AND INSTALLATIONS means one (1) or more of the
following:
a.
systems for the distribution of gas, whether artificial or natural;
b.
facilities for the storage, transmission, treatment, distribution, or supply of
water;
c.
facilities for the collection, treatment, movement, or disposal of sanitary
sewage;
d.
storm sewer drainage facilities;
e.
the right of way to and installation of, one (1) or more of the following:
i.
telecommunications systems
ii. waterworks systems
iii. irrigation systems
iv. systems for the distribution of gas, whether natural or artificial
v. systems for the distribution of artificial light or electric power
vi. heating systems
vii. sewage systems
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any other things prescribed by the Lieutenant Governor in Council by
regulation pursuant to the Planning Act.
179. PUBS AND LOUNGES means a building with a Class A - minors prohibited
liquor licence, with an occupant load of less than fifty (50) persons, where the
primary purpose of the facility is the sale of alcoholic beverages to the public,
for consumption within the premises. Major or minor amusment establishments
are a permitted accessory use. This use does not include licensed outdoor
patios or nightclubs and bars.
180. RAPID DRIVE-THROUGH VEHICLE SERVICE means development providing
rapid cleaning, lubrication, maintenance or repair services to motor vehicles,
where the customer typically remains within their vehicle or waits on the
premises. Typical uses include automatic or coin operated car washes, rapid
lubrication shops, or specialty repair establishments.
180.1 REAR YARD means the portion of a site abutting the rear lot line extending
across the full width of the site between the rear lot line. added as per
Bylaw 1997-21; amended section number as per Bylaw 2015-22
181. RECYCLED MATERIALS DROP-OFF CENTRE means a municipally operated
development used for the collection and temporary storage of recyclable
materials. Recyclable materials includes, but is not limited to, cardboard,
plastics, paper, metal, and similar household goods. Recyclable material left at
the drop-off centre shall be periodically removed and taken to larger,
permanent recycling operations for final recycling. These drop-off centres are
intended to operate out of doors within a fenced compound. This use class
does not include recycling depots.
182. RECYCLING DEPOT means development used for the buying and temporary
storage of, but not limited to, bottles, cans, newspapers, and similar household
goods for reuse where all storage is contained within an enclosed building.
This use class does not include recycled materials drop-off centres.
183. RELIGIOUS ASSEMBLY means development used for worship and related
religious, philanthropic or social activities and includes accessory rectories,
manses, meeting rooms, food preparation and service facilities, classrooms,
dormitories and other buildings. Typical uses include churches, chapels,
mosques, temples, synagogues, parish halls, convents, and monasteries. This
use class does not include private education services, public education
services, and commercial schools, even as accessory uses.
184. RESIDENTIAL SALES CENTRE means a temporary building or structure used
for a limited period of time for the purpose of marketing residential land or
buildings.
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185. RESPITE SUPPORT deleted as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
186. RESTAURANT means development where the primary purpose of the facility
is the sale of prepared foods and non-alcoholic beverages to the public,
including minors, for consumption within the premises or off the site. This use
class typically has a varied menu, with a fully equipped kitchen and preparation
area, and includes fast food and family restaurants.
187. RETAIL STORE means development used for the retail sale of goods which may
include groceries, beverages, household goods, furniture and appliances,
hardware, printed matter, confectionery, tobacco, pharmaceutical and personal
care items, automotive parts and accessories, office equipment, stationary, and
similar goods from within an enclosed building. Minor public services, such as
postal services and film processing depots are permitted within retail stores.
188. ROW HOUSING deleted as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
189. ROW HOUSING, STACKED deleted as per Bylaw 1997-21; amended section number as
per Bylaw 2015-22
190. SATELLITE SIGNAL RECEIVING ANTENNA deleted as per Bylaw 1997-21;
amended section number as per Bylaw 2015-22
191. SECONDARY SUITE means development consisting of a self-contained
dwelling located in a structure in which the principal use is a single dwelling
building. A secondary suite has cooking, food preparation, bathroom facilities
which are separate from those of the principal dwelling within the structure.
192. SECONDHAND STORE means development used for the indoor retail sale
and temporary storage of secondhand household goods, such as clothing,
furniture, jewelry, stereos, and musical instruments including the refurnishing
and repair of the goods being sold. This use class does not include the sale of
used vehicles, auto parts, recreation craft, or construction and industrial
equipment or materials. This use class also does not include booth markets,
pawn shops or antique stores.
193. SECURITY SUITE means a suite designed as accommodation for 24 hour
on--site security personnel.
194. SEMI-DETACHED DWELLING means one dwelling of a duplex, which has
been titled separately with a property line along a common wall.
195. SEMI-DETACHED GARAGE means detached garages joined on common
property line(s) by a "firewall" as defined in the Alberta Building Code.
Bylaw 1804-13, as amended
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PART 2 - DEFINITIONS
196. SEMI-PUBLIC SWIMMING POOL means the same definition as specified in
the in the Alberta Building Code.
197. SENIORS AND SUPPORTIVE HOUSING FACILITY means a multi-unit
residential facility operated solely to meet the housing needs of persons over
the age of 64 years or those requiring supportive housing due to physical
limitations. The facility operator may also provide supportive services to the
residents, which may include, but are not limited to meals, housekeeping
services, linen and laundry services, and recreational services.
198. SERVICE STATION means development used for the servicing, washing, and
repairing of vehicles; and the sale of gasoline, other petroleum products, a
limited range of vehicle parts and accessories, and may also include
convenience stores. This use may include typical uses including truck stops
and highway service stations.
199. SETBACK means the minimum horizontal distance between the lot boundary
and the nearest point on the exterior wall or chimney of the building or another
part of the building or projection if determined by the Development Authority.
200. SHOPPING CENTRE means two (2) or more commercial establishments
planned, developed, and managed as a unit on a lot or lots and served by
off-street parking, and includes the total site upon which the building(s) is located.
201. SHOW HOME means a permanent dwelling that is constructed for the temporary
purpose of illustrating to the public the type or character of a dwelling or dwellings
to be constructed in other parts of a subdivision or development area. Show
homes may contain offices for the sale of other lots or dwellings in the area.
202. SIDE LOT LINE means the property line of a lot other than a front lot line or
rear lot line.
202.1 SIDEWALK PATIO means simple non-permanent seating for patrons outside
an established business, that occupies public space (usually the sidewalk in front
of the business). added as per Bylaw 2019-22
203. SIDE YARD means that portion of a site abutting a side lot line extending from
the front yard to the rear yard. The side yard shall be situated between the side
lot line and a line on the site parallel to it, at a specified distance from it, and
measured at a right angle to it along its full length.
204. SIGN means a display board, screen, structure, or material having characters,
letters or illustration applied thereto, or displayed thereon, in any manner, not
inside a building, and includes the posting or painting of an advertisement or
notice on a building, structure or lot.
Bylaw 1804-13, as amended
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PART 2 - DEFINITIONS
205. SINGLE DWELLING BUILDING means development consisting of a building
containing only one (1) dwelling, not including approved secondary suites,
which is separate from any other dwelling or building.
206. SITE means an area of land consisting of one (1) or more abutting lots.
207. SITE COVERAGE mean the total horizontal area of all buildings or structures
on a site which are located at, or higher than, 1.0 m above grade, including
accessory buildings or structures, calculated by perpendicular projection onto
a horizontal plane from one point located at an infinite distance above all
buildings and structures on the site. This definition shall not include:
a.
steps, eaves, cornices, and similar projections;
b.
driveways, aisles, and parking lots unless they are part of a parking garage
which extends 1.0 m or more above grade; or
c.
unenclosed inner and outer courts, terraces, and patios where these are
less than 1.0 m above grade.
208. SITE WIDTH means the horizontal distance between the side boundaries of
the site measured at a distance from the front lot line equal to the minimum
required front yard for the zone.
209. SLEEPING UNIT means a habitable room or a group of two (2) or more
habitable rooms, not equipped with self-contained cooking facilities, providing
accommodation for not more than two (2) persons.
210. SMALL ANIMAL HOSPITAL means development used for the care and
grooming of small animals within an enclosed building but does not include small
animal kennels or impoundment facilities.
211. SMALL ANIMAL KENNEL means a development used for daytime or
overnight boarding of small animals normally considered to be household
pets. Facilities may include indoor or outdoor enclosures, runs, pens or
exercise areas. This use class may include animal shelters, impound or
quarantine facilities, and activities such as grooming, training, breeding, and
retail sales of associated products. This use does not include Small Animal
Hospitals or Veterinarian Service. amended as per Bylaw 2098-25
211.1 SOLAR COLLECTOR means any device used to absorb sunlight that is part
of a system used to convert solar radiation energy into thermal or electrical
energy. Added per Bylaw 2095-25
212. SPECTATOR ENTERTAINMENT ESTABLISHMENT means development
providing facilities within an enclosed building specifically intended for live
Bylaw 1804-13, as amended
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PART 2 - DEFINITIONS
theatrical, musical, or dance performances; or the showing of motion pictures.
This use class does not include entertainment developments associated with
bars, neighbourhood pubs, and nightclubs and does not include adult
entertainment facilities.
213. STATUTORY PLAN means an Intermunicipal Development Plan, a Municipal
Development Plan, an Area Structure Plan, or an Area Redevelopment Plan
adopted by a municipality.
214. STOCKPILE SITE means a site used in for the temporary stockpiling of earth
materials for a period of greater than thirty (30) days and in quantities greater
than fifty (50) cubic metres that have been excavated and stored for redistribution
on the subject site or other locations. Typical materials include but are not limited
to waste excavation materials, excess construction materials, gravel, clay,
organic materials, salvaged materials.
215. STOREY means that portion of a building, which is situated between the top of
any floor and the top of the floor next above it. If there is no floor above, the
storey is the portion of the building, which is situated between the top of any
floor and the ceiling above it. If the top of the floor directly above a basement
is more than 1.83 m above grade, such basement shall be considered a storey
for the purpose of this Bylaw.
216. STOREY, HALF deleted as per Bylaw 1997-21; amended section number as per
Bylaw 2015-22
216.1 STRUCTURE means a Building or other thing erected or placed in, on, over or
under land, whether or not it is so affixed to the land as to become transferred
without special mention by a transfer or sale of the land, pursuant to the
Municipal Government Act, as amended. Added per Bylaw 2106-26
217. SUBDIVISION means the division of a parcel of land by an instrument and
"subdivide" has a corresponding meaning.
218. SUBDIVISION AND DEVELOPMENT APPEAL BOARD means the Board
appointed under the City of Wetaskiwin Subdivision and Development Appeal
Board, or its successors, pursuant to the Act, to hear appeals launched under
Part 5 of this Bylaw.
219. SUBDIVISION AND DEVELOPMENT REGULATIONS means regulations
made by the Lieutenant Governor in Council.
220. SUBDIVISION AUTHORITY means a subdivision authority established
pursuant to City of Wetaskiwin Subdivision and Development Appeal Board.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 32 of 314
PART 2 - DEFINITIONS
221. SUPPORT HOME means a home where care, support, and training are
provided for one (1) or two (2) persons with developmental disabilities where
the care provider(s) view that home as their personal or primary residence.
This use class includes those homes providing respite support.
222. TANDEM PARKING means two (2) parking spaces, one behind the other, with
a common or shared point of access to the maneuvering aisle.
223. TEMPORARY BUILDING means a building or structure, without a foundation,
that is to be placed on a site for a period of less than two (2) years. This use
class definition does not include:
a.
residential accessory buildings
b.
commercial or industrial accessory buildings intended for long term use
c.
construction job site offices
d.
manufactured homes
e.
tent structures
224. TEMPORARY DEVELOPMENT means a development for which a
Development Permit has been issued for a limited time only.
225. TEMPORARY SHELTER SERVICE means development sponsored or
supervised by a public authority or non-profit agency for the purpose of
providing temporary accommodation for persons requiring immediate shelter
and assistance for a short period of time, being less than one (1) month. Typical
uses are overnight shelters.
226. TEMPORARY STORAGE YARD means development used exclusively for
temporary outdoor storage of goods and materials where such storage of
goods and materials does not involve the erection of permanent structures or
the material alteration of the existing state of the land. Typical uses include
pipe yards, or vehicle or heavy equipment storage compounds.
227. TENT STRUCTURE means an enclosed structure that consists of a pliable
material supported by light frame materials intended as a low cost structure for
the protection of goods, vehicles from the weather or for temporary cover
during special events that may be accessible to public. This use class does not
include structures covering less than 10 m2 of ground floor area, camping tents
or patio sun shades.
228. TOURIST CAMPSITE means development of land which has been planned
and improved for the seasonal short term use of holiday trailers, motor homes,
Bylaw 1804-13, as amended
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PART 2 - DEFINITIONS
tents, campers and similar recreational vehicles, and is not used as year round
storage, or accommodation for residential use. Typical uses include tourist
trailer parks, campsites, and tenting grounds.
229. TOWING COMPOUND means a building designed for use for any one (1) or
more defined industrial uses and may contain accessory office space.
230. TOWNHOME means development consisting of a building containing a row of
more than two (2) dwellings joined in whole or in part at the side. Each dwelling
shall have separate, individual, and direct access. replaced as per Bylaw 1997-21;
amended section number as per Bylaw 2015-22
231. TRAFFIC GENERATION means the volume of vehicular traffic generated over
a prescribed area within a prescribed time frame, which can be directly
attributed to a particular development or geographic area.
232. TREED LANDSCAPE BOULEVARD deleted as per amending Bylaw 2015-22
233. TRUCK AND FACTORY BUILT HOME SALES means development used for
the sale or rental of new or used trucks, motorhomes, factory built homes, and
automobiles together with incidental maintenance services and the sale of
parts and accessories. Typical uses include truck dealerships, recreation
vehicle sales, and manufactured home dealerships.
234. UNDERGROUND SEWAGE HOLDING TANK means the use of a certified
underground tank placed on site for collection and temporary storage of sewage
until pumped out into a municipal system or by pump out truck.
235. UNENCLOSED FRONT PORCH deleted as per Bylaw 1997-21; amended section
number as per Bylaw 2015-22
236. USE means the purpose or activity for which a piece of land or its buildings are
designed, arranged, developed, or intended, or for which it is occupied or
maintained.
237. VEHICLE AND EQUIPMENT SALES/RENTALS means development used for
the sale or rental of heavy vehicles, machinery or mechanical equipment
typically used in building, roadway, pipeline, oilfield and mining construction,
manufacturing, assembling and processing operations, and agricultural
production.
238. VEHICLE ORIENTED USE means development used for the retail sale of
gasoline, other petroleum products, and incidental auto accessories and may
include convenience stores. This use does not include service stations.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 34 of 314
PART 2 - DEFINITIONS
239. VETERINARY SERVICE means development used for the care and treatment
of animals where the veterinary services primarily involve out-patient care and
minor medical procedures involving hospitalization. All animals shall be kept
within an enclosed building. This use class includes pet clinics, small animal
veterinary clinics, veterinary offices, animal grooming, and impound facilities.
Small animal pet sales are also deemed as general retail sales.
240. VIOLATION NOTICE means the document issued by the City to a person who
has committed an offence.
240.1 WALL HEIGHT means the height of a wall measured from grade to the
meeting point of the top of the wall and the roof. added as per Bylaw 1997-21;
amended section number as per Bylaw 2015-22
241. WAREHOUSE SALES means development used for the wholesale of a limited
range of bulky goods from within an enclosed building where the size and
nature of the principal goods being sold typically require large floor areas for
direct display to the purchaser or consumer. This use class does not include
developments used for the retail sale of food or a broad range of goods for
personal or household use.
242. YARD means required open space unoccupied by any portion of a building or
structure 1.0 m or more above grade, unless otherwise permitted in this Bylaw.
A yard is not a setback, amenity area or separation space.
243. YARD, REAR deleted as per Bylaw 1997-21; amended section number as per Bylaw 2015-
22; see added s.180.1 Rear Yard
244. ZONE means a specific group of listed use classes and development
regulations, which regulate the use, and development of land within specific
geographic areas of the City.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 35 of 314
PART 3 - ADMINISTRATIVE
3.1
Establishment and Appointment of the Subdivision Authority
1.
The City's Subdivision Authority is the Manager of Planning and Engineering,
with powers and duties set out in the Municipal Government Act and may
delegate in writing any or all these powers and duties to a designated officer.
amended as per Bylaw 1965-20
2.
deleted as per Bylaw 1965-20
3.
deleted as per Bylaw 1965-20
3.2
Duties with Respect to Subdivision Applications
1.
The Subdivision Officer must not approve an application for subdivision of land
unless:
a.
The land that is proposed to be subdivided is, in the opinion of the
subdivision authority, suitable for the purpose that is intended, considering
the relevant considerations outlined in the Subdivision and Planning
Regulations.
b.
The proposed subdivision conforms to the provisions of the Intermunicipal
Development Plan, the Municipal Development Plan and, if applicable, the
Area Structure Plan.
c.
The proposed subdivision conforms to the lot size and area requirements
of the Land Use Bylaw, unless the permitted discretion of the subdivision
authority is used.
d.
The land that is proposed to be subdivided is classified to an appropriate
Land Use classification.
e.
The proposed subdivision conforms to the requirements of Provincial Land
Use Policies, the Act, the Subdivision and Development Regulation, and
any other relative planning legislation.
f.
All outstanding property taxes and local improvements on the land have
been paid to the City or arrangements satisfactory to the City have been
made pursuant to the Act.
2.
deleted as per Bylaw 1965-20
3.
deleted as per Bylaw 1965-20
Bylaw 1804-13, as amended
Land Use Bylaw
Page 36 of 314
PART 3 - ADMINISTRATIVE
3.3
Establishment and Appointment of the Development Authority replaced as per
Bylaw 1997-21
1.
That the Chief Administrative Officer of the City of Wetaskiwin be designated
as the Development Authority.
2.
That the Chief Administrative Officer of the City of Wetaskiwin may delegate
the authority in writing to one or more development officers or any other
municipal staff to carry out the duties of Part 17 of the Municipal Government
Act.
3.4
Duties with Respect to Development Permit Applications
1.
The Development Officer shall receive all applications for development and:
a.
Shall ensure that a record of applications is maintained and is made
available for viewing to any interested person during normal City Hall office
hours.
b.
Shall review each development application to ascertain whether it is
complete in accordance with the information requirements of this Bylaw,
and shall, if the application complies with such requirements, enter the
application in the record of applications.
c.
Shall review each development application to ascertain its appropriate
development class and may require the applicant to apply for a permit for
a different class.
d.
Shall approve, without conditions or with such conditions as required to
ensure compliance, an application for development of a permitted use
provided the development complies with the regulations of this Bylaw or
shall refuse an application for development of a permitted use if the
development does not comply with the regulations of this Bylaw, unless
the Development Officer uses their discretion pursuant to Section 3.5 of
this Bylaw.
e.
May relax a regulation in a Land Use Class District or other Section of this
Bylaw in accordance with the regulations contained in that Land Use
Classification or Section, or may relax regulations in accordance with
Section 3.5, and in such case, the development application shall be a
deemed a Discretionary Use.
f.
May refuse or approve, with or without conditions, with or without changes
in the design of the development, or with or without the imposition of
Bylaw 1804-13, as amended
Land Use Bylaw
Page 37 of 314
PART 3 - ADMINISTRATIVE
regulations more restrictive than those required by the specific land use
district or General Regulations of this Bylaw, an application for
development of a discretionary use, having regard to the regulations of
this Bylaw and the provisions of any applicable Statutory Plan.
g.
Shall refer an application for a development in a Direct Control District to
City Council for decision whereby City Council may direct the
Development Officer to issue a development permit with or without
conditions or refuse the application as submitted.
h.
Shall give notice of the Development Authority's decision on applications
for development permits as follows: amended as per Bylaw 1992-21
i.
Where an application has been approved, public notification shall be
given in accordance with Part 4, Section 4.6 of this Bylaw and notice
to the applicant shall be given in writing by hand delivery, by regular
mail or by electronic means where authorized.
ii.
Where an application has been refused, notice in writing shall be
given to the applicant, either hand delivered, by regular mail, or by
electronic means where authorized, and such notice shall state the
reason for refusal.
iii. Shall in the case of a development permit for a temporary use specify
the length of time that Permit remains in effect.
3.5
Variance to Regulations
1.
A Development Officer shall not issue a permit for a use that is not listed in the
district regulations as permitted uses or discretionary uses of a particular land
use district.
2.
Except as restricted in Sentence 3.5(1) a Development Officer may approve,
with or without conditions, an application for development that does not comply
with this Bylaw where:
a.
The proposed development would not, in opinion of the Development
Authority: amended as per Bylaw 1997-21
i.
unduly interfere with the amenities of the neighbourhood; or
ii.
materially interfere with or affect the use, enjoyment, or value of
neighbouring properties.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 38 of 314
PART 3 - ADMINISTRATIVE
b.
The proposed development would, in the Development Officer's opinion,
conform with the use prescribed for that land or building in this Bylaw.
c.
The Development Officer may approve, with or without conditions, an
enlargement, alteration, or addition to a legal non-conforming building if
the non-conforming building complies with the uses prescribed for that
land in this Bylaw and the proposed development would not, in the opinion
of the Development Authority: amended as per Bylaw 1997-21
i.
unduly interfere with the amenities of the neighbourhood; or
ii.
materially interfere with or affect the use, enjoyment, or value of
neighbouring properties.
3.
A Subdivision Officer may approve, with or without conditions, an application
for subdivision that does not comply with the minimum lot dimensions outlined
in the District Regulations Bylaw where:
a.
The proposed subdivision would not unduly interfere with the amenities of
the neighbourhood.
b.
Materially interfere with or affect to use, enjoyment, or value of
neighbouring parcels of land.
c.
It can be proven by the applicant to the Subdivision Officer, that the
proposed lot can accommodate development of the site.
3.6
Limitation of Variance
1.
In approving an application for a development permit pursuant to Section 3.5,
the Development Officer and the Subdivision and Development Appeal Board,
shall adhere to the following:
a.
A variance shall be considered only in cases of unnecessary hardship or
practical difficulties particular to the use, character, or situation of land or
a building, which are not generally common to other land in the same Land
Use Classification.
b. A variance may be considered to front yard and rear yard setbacks for
buildings, provided the variance does not get reduced to less than the
setbacks of approved or legal-nonconforming buildings on adjacent
properties.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 39 of 314
PART 3 - ADMINISTRATIVE
c. A variance may be considered to minimum side yard setbacks to allow
cantilevered projections of up to 0.3 m in floor area and up to 1.5 m in
width, extending beyond the minimum setback line provided the
construction materials and cladding type of the facing wall meets, or
exceeds, the appropriate building and fire codes and the opposite on the
property side yard is not increased beyond the minimum setback
requirement.
d.
A variance may be considered to maximum building height to allow an
increase of up to 10% provided the roof style does not include gable ends
facing side yards, the building style is suited to other buildings in the
neighbourhood and the minimum side yard setbacks are increased by the
varied distance.
e.
A variance may be considered to the maximum site coverage for
residential properties to allow an increase of up to 3% in the maximum site
coverage to allow the construction of a principal building provided the
building does not exceed one storey in building height, there is no more
than one (1) accessory building on the site, at least 35% of the site is
covered with soft landscaping and provided that no other variances have
been granted or are required for the site.
2.
In approving an application for a subdivision that does not meet the minimum
lot size requirements specified in the Land Use District Regulations, the
Subdivision Officer and the Subdivision and Development Appeal Board, shall
adhere to the following:
a.
The proposed variance has been circulated to appropriate City review
committees for comments.
b.
The variance does not exceed 10% of the required regulation.
c.
The minimum lot area requirement for the subject lot has been met.
d.
The lot can handle the minimum building footprint area without reducing
setback requirements outlined in Part 9.
3.7
Maintenance and Inspection of Bylaw
1.
The Development Officer shall:
a.
make available to the public, during normal office hours, copies of this
Bylaw and all subsequent amendments thereto; and
Bylaw 1804-13, as amended
Land Use Bylaw
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PART 3 - ADMINISTRATIVE
b.
charge the specified fee for supplying to the public copies of this Bylaw.
3.8
Development Not Requiring a Development Permit
1.
The following uses and developments are those which do not require a
development permit, provided that such developments comply with the
regulations of this Bylaw, where applicable:
a.
Those uses and developments exempted by Sections 618 or 619 of
the Act.
b.
Those uses exempted by the Planning Exemption Regulation.
c.
An accessory building 9.3 m2 or less in area, provided it complies with the
regulations of the Bylaw. This includes play structures. amended as per Bylaw
1997-21
d.
Interior alterations and maintenance to a residential building, provided that
such alterations and maintenance do not result in an increase in the
number of dwellings, within the building or on the site, nor in a change of
the use class or the introduction of another use class.
e.
Interior alterations and maintenance to a non-residential building,
including mechanical or electrical work, provided that neither the use class
nor the intensity of use class is changed, nor that another use class is
added.
f.
The use of a building, or part thereof, as a temporary polling station,
Returning Officer's headquarters, candidate's campaign office and any
other official temporary use in connection with a federal, provincial, or
municipal election, referendum, or census.
g.
A temporary structure, the sole purpose of which is incidental to the
erection, alteration, or marketing of a building for which a development
permit has been granted under this Bylaw, provided the temporary
structure is removed within thirty (30) days of substantial completion as
determined by the Development Officer.
h.
The erection of towers and poles, television and other communication
aerials, masts, or towers where:
i.
such structures comply with the Airport Protection Overlay
ii.
such structures are to be used for cellular telephone or personal
communication services signal transmission
Bylaw 1804-13, as amended
Land Use Bylaw
Page 41 of 314
PART 3 - ADMINISTRATIVE
i.
The parking or storage, or both, of any uninhabited recreational and un-
serviced vehicle in a residential Land Use Classification, where such
parking or storage fully complies with the regulations of this Bylaw.
j.
The construction and maintenance of a Public Utility Service development.
k.
Landscaping, where the existing grade and natural surface drainage
pattern is not materially altered, except where landscaping forms art of a
development which requires a development permit.
l.
Minor structures not exceeding 2.0 m in height which are ancillary to
residential uses, such as a barbecue, doghouse, lawn sculpture, or bird
feeder.
m. Construction of an uncovered deck in the side and/or rear yard and less
than 0.60 m above grade. amended as per Bylaw 1997-21
n.
Access platforms and stairs providing access to platforms that provide
access or egress from the principal building that are less than 2.5 m2 in
platform area, provided they are constructed of non-combustible materials
and do not interfere with property drainage and provided they are not
enclosed by walls or covered by a roof structure. amended as per
Bylaw 1997-21
o.
Hard surfacing of any yard area on a residential lot for the purpose of
providing vehicular access from a public roadway to an attached or
detached garage or carport provided that the hard surfacing does not
exceed 7.5 m in width.
p.
Signs as exempted under Section 7.6 of this Bylaw.
q.
Intermodal containers less than 6.1 m in length when located in the M1 or
M2 districts. added as per Bylaw 1922-19
r.
Patios provided the soft landscaping and site drainage requirements are
met and there is no roof over the patio. added as per Bylaw 1997-21
s.
Home office provided all regulations within this Bylaw are met. added as per
Bylaw 1997-21
t.
Sidewalk Patios that comply with the development regulations outlined in
8.34. added as per Bylaw 2019-22
u. The installation or operation of solar collectors, if:
a. The solar collectors are mounted on an existing building; and
Bylaw 1804-13, as amended
Land Use Bylaw
Page 42 of 314
PART 3 - ADMINISTRATIVE
b. The solar collectors do not project above the existing building
height or beyond the existing building footprint. Added per Bylaw
2095-25
3.9
Development Permits Required
1.
Other than development listed in Section 3.8, all development requires a
development permit.
2.
No person shall commence, or direct a person to commence, a development
without first obtaining a development permit and meeting the conditions of the
development permit prior to commencement of the development.
3.
No person shall commence, or direct a person to proceed with, a change in
use class or add a use class without first obtaining a development permit to
use land or buildings for that particular use class and meeting the conditions of
the development permit that must be completed prior to use of the land or
buildings.
3.10
Development Agreements Required
1.
If deemed required by the Development Officer, as condition of a development
permit, the property owner will be required to enter and comply with a
Development Agreement with the City pursuant to Section 650 of the Act.
2.
If deemed required by the Subdivision Officer, as condition of a subdivision
approval, the property owner will be required to enter and comply with a
development agreement with the City pursuant to Section 655 of the Act.
3.
Development Agreements may also incorporate:
a.
Statements regarding the collection of off-site levies pursuant to Section
648 of the Act; and/or
b.
Statements regarding oversizing of municipal improvements to provide
excess capacity pursuant to Section 651 of the Act.
4.
The City has the right to register caveats on the Land Title of the subject lands
to protect the interests of the City regarding the development agreements.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 43 of 314
PART 3 - ADMINISTRATIVE
3.11
Development Permit Fees and Related Development & Subdivision Fees
1.
The fees for the following shall be found in the Fees and Charges Bylaw in
effect: amended as per Bylaw 1985-20 and Bylaw 2106-26
a.
Development Permit Applications
b.
Damage Deposits
c.
Damage Deposit Transfer Fees
d.
Grading Compliance Deposits
e.
Discretionary Use Notification
f.
Development Agreement Preparation
g.
Compliance Certificates Applications
h.
Land Use Bylaw Amendment Applications
i.
Statutory Plan Amendment Applications
j.
Subdivision Application and Endorsement
k.
Encroachment Agreements
l.
Subdivision and Development Appeals
2.
Every application for a development permit shall:
a.
Be accompanied by the appropriate development permit application fee.
b.
If a discretionary use or use approved using the discretion of the
Development Officer, the discretionary use notification fee.
3.
Where development agreements are required the Development Agreement
Preparation Fee shall be paid upon signing of the agreement.
4.
The Development Permit Application Fee is an application fee and is
non-refundable regardless of decision.
5.
Fees for Compliance Certificate applications, Land Use Bylaw Amendment
applications, Statutory Plan Amendment applications and for Encroachment
Agreements shall be paid at time of application.
6.
deleted as per Bylaw 1965-20
Bylaw 1804-13, as amended
Land Use Bylaw
Page 44 of 314
PART 3 - ADMINISTRATIVE
7.
Off-site Levies due regarding properties shall be paid to the City prior to
commencement of development on the lands, or as outlined in a development
agreement.
8.
The Development Authority may, as a condition of issuing a development
permit, require the applicant to provide security in a form acceptable to the City
to ensure the applicant's compliance with, or performance of, any of the
conditions of a development permit, including but not limited to the restoration
of damages to municipal installations as identified in section 7.22 and
compliance with approved grading plans as identified in section 7.23. Added per
Bylaw 2106-26
3.12
Development Agreement Authority
1.
Development Agreements pursuant to development permits, may be endorsed
by the Chief Administrative Officer provided:
a.
The developer is solely responsible for all costs related to the installation
of Municipal Improvements where the cost does not exceed $500,000; and
b.
there are no oversizing costs to be incurred and due by parties other than
the developer.
2.
All other development agreements pursuant to development permits must be
approved by resolution of City Council.
3.
Development Agreements regarding Subdivision Approval or Condominium
Plan Approval must be endorsed in accordance with the City's Subdivision
Agreement Policy.
3.13
Bylaw Amendments
1.
A person may apply, in writing, to the Development Officer to have an
amendment of this Land Use Bylaw considered, furnishing reasons in support of
the application, paying the associated fees, and requesting that the Development
Officer submit the application to the Council.
2.
City Council may, at any time, initiate an amendment to this Land Use Bylaw by
directing the Development Officer to initiate an application.
3.
A Development Officer may initiate an amendment to this Land Use Bylaw by
preparing a draft bylaw and presenting the draft to City Council.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 45 of 314
PART 3 - ADMINISTRATIVE
4.
If an application for a proposed amendment to this Land Use Bylaw has been
rejected by the Council within the previous twelve (12) months, the
Development Officer shall advise the applicant that the amendment shall not
be accepted and applicant shall be advised, in writing, that they must wait at
least one (1) year from the time the original bylaw was rejected before
reapplication will be considered
5.
All applications for amendment to this Land Use Bylaw shall be accompanied by
the following, namely:
a.
A copy of the certificate of title for the land affected.
b.
A statement of the reason/s for the request to amend the Land Use Bylaw.
c.
An accurately dimensioned and scaled map of the property under application
and its relationship to surrounding land uses.
d.
Such fee as established by resolution of the Council.
e.
Where the applicant is an agent acting on behalf of the owner, written
authorization from the registered owner; and
f.
Any other information which is deemed to be necessary by the Council.
3.14
Validity and Procedures for Amendment
1.
This Bylaw and any amendment thereto shall be enacted to ensure conformity
with all Statutory Plans as adopted and any amendments thereto.
2.
If it appears to a Development Officer that the proposed amendment does not
comply with any Statutory Plan, they shall advise the applicant in writing that
the Statutory Plan(s) must be amended before the amendment to this Bylaw
may proceed to second reading of the amendment
3.
Before second reading of an amending bylaw, Council must hold a public
hearing with respect to the proposed bylaw in accordance with Section 230 of
the Act and the City's Public Hearing Policy after giving notice of the Public
Hearing in accordance with Section 606 and 692 of the Act.
4.
The validity of this Bylaw and its amendments thereto are governed by
Sections 536 to 538 of the Act.
5.
The amending bylaw must include a statement identifying when the bylaw
comes into effect. If the effective date of an amending bylaw regarding the
change in Land Use Classification is related to the date of subdivision
Bylaw 1804-13, as amended
Land Use Bylaw
Page 46 of 314
PART 3 - ADMINISTRATIVE
registration and the subdivision application expires or becomes invalid, then
the amending bylaw is also deemed invalid.
3.15
Review and Processing of Amendments amended as per Bylaw 1997-21
1.
The Development Officer shall:
a. examine the proposed amendment;
b. prepare a written report on the proposed amendment; and
c.
advise the applicant in writing that:
i. the Development Authority is prepared to recommend the amendment
to the Council without further investigation; or
ii. the Development Authority is not prepared to recommend the
amendment; or
iii. the Development Authority requires further investigation to make a
recommendation; or
iv. the Development Authority is prepared to recommend an alternative
amendment.
2.
Upon receiving the advice of the Development Officer, the applicant shall
advise the Development Officer in writing if:
a.
They wish to amend the amendment; or
b.
They do not wish to proceed to City Council with the proposed
amendment, in which case the application is considered abandoned.
3.
If the applicant does not respond to the Development Officer's notification, the
application shall be cancelled after one (1) year from the date of the notice of
the Development Officer.
4.
If requested by the applicant, the Development Officer shall submit the
proposed amendment to Council, accompanied by the report of the
Development Officer.
5.
The Development Officer, using discretion, may present for the consideration
of Council any proposed amendment to this Bylaw, and the proposed
amendment shall be accompanied by the report and recommendations of the
Development Officer.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 47 of 314
PART 3 - ADMINISTRATIVE
3.16
Land Use Bylaw Compliance Certificate and Certificate Fees
1.
The applicant for a Compliance Certificate shall provide to the Development
Officer a Real Property Report for the site prepared by a registered Alberta
Land Surveyor and pay the associated fee.
2.
The applicant shall pay all costs associated with the preparation of the Real
Property Report.
3.
In determining whether a Compliance Certificate can be issued for a site, the
Development Officer shall rely on the Real Property Report provided by the
applicant. The Development Officer shall not undertake independent site
inspections.
4.
The Development Officer may issue a Compliance Certificate when, in the
opinion of the Development Authority, the building(s) located on a site and
shown on the Real Property Report, are in accordance with the setback
regulations of this Bylaw and the setbacks specified in any development
permit, which may have been issued for the site. The Compliance Certificate
shall only cover those buildings and structures, or parts thereof, shown on the
Real Property Report submitted by the applicant. amended as per Bylaw 1997-21
5.
The Development Officer may refuse to issue a Compliance Certificate when,
in their opinion, do not have sufficient information from the applicant to
determine if a building(s) located on a site is (are) located in accordance with
the yard regulations of this Bylaw and/or the yards specified in any
development permit which may have been issued for the site.
6.
The Development Officer and the City shall not be liable for any damages
arising from the use of a compliance certificate containing errors where the
errors are the result of incorrect or incomplete information on the Real Property
Report.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 48 of 314
PART 4 - APPLICATION
4.0
Development Application Submission
4.1
General Conditions
1.
Unless extended by an agreement in writing between the applicant and the
Development Authority, the Development Authority shall within 20 days after
receipt of an application for a development permit:
a. Issue a written acknowledgement to the applicant advising that the
application is complete; or
b. Issue a written notice to the applicant advising that the application is
incomplete, listing the documentation and information that is still required
and setting a date by which the required documentation and information
must be submitted. Added per Bylaw 2095-25
2.
For the purposes of this Bylaw, applications for a development permit are not
deemed complete until the applicant has: Amended per 2095-25
a.
Submitted all information required pursuant to Sections 4.2, 4.3 and 4.4 of
this Bylaw.
b.
Submitted any information specifically required pursuant to the regulations
of the applicable Land Use Classification under Part 6 or other information
required under Part 7 or Part 8 of this Bylaw.
c.
Paid the appropriate development permit application fee as set pursuant
to Section 3.11 of this Bylaw.
2.
Notwithstanding clause (1) above, the Development Officer may consider an
application if, the development is of such a nature as to enable a decision to
be made on the application without all the information required in this Section.
3.
The Development Officer may require an applicant to submit such additional
information, as they consider necessary to verify the compliance of the
proposed Use or development with the regulations of this Bylaw.
4.
The approval of any application, drawing, or the issuing of a development
permit shall not prevent the Development Officer from thereafter requiring the
correction of errors, nor from prohibiting the development being carried out
when the same is in violation of this Bylaw.
5.
In the event of a discrepancy between any written description and the
drawings, the written description shall prevail.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 49 of 314
PART 4 - APPLICATION
6.
Where an application for a development permit is determined to contain
incorrect information, no development permit shall be issued until such
information is corrected. Any development permit issued based on incorrect
information contained in the application shall be invalid.
7.
Unless otherwise specified in this Bylaw, all drawings submitted shall be drawn
on substantial standard drafting material or submitted electronically to a scale
of not less than 1:100 or such other scale as the Development Officer may
approve, and shall be fully dimensioned, accurately figured, explicit, and
complete.
4.2
Development Permit Applications
1.
An application for a development permit shall be accurately completed and be
submitted either on the appropriate form or in an electronic format satisfactory
to the Development Officer and include:
a.
the municipal address of the site;
b.
a legal description of the site on which the proposed development is
proposed to occur;
c.
the property owner's name, address, daytime phone number, and if
applicable, fax number, cell phone number, and email address;
d.
the applicant's name, address, daytime phone number, interest in the
proposed development, and if applicable, fax number, cell phone number
and email address;
e.
the owner's signature or a letter authorizing the applicant to apply for the
proposed development;
f.
the applicant's signature;
g.
payment of the prescribed application fee;
h.
the existing use(s) of the site;
i.
the proposed use(s) pursuant to the application;
j.
the Land Use Classification of the subject site;
k.
the estimated market value of the proposed development;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 50 of 314
PART 4 - APPLICATION
l.
and for permit applications other than a change in use class of an existing
structure the applicant must include a detailed site plan, to the satisfaction
of the Development Officer showing any or all of the following:
i.
the north point;
ii.
the scale of the plan;
iii. the legal description of the site;
iv. the location of all easements registered on the site;
v.
the location of any existing structures on the site;
vi. the location of the proposed development relative to the boundaries of
the site;
vii. the location, grade elevations, and style of existing and proposed
curbs, sidewalks, and medians on or adjacent to the site;
viii. the grades and location of the adjacent streets and lanes;
ix. the floor area of the proposed development, in square metres;
x.
the site area, in square metres;
xi. the area of the site covered by buildings, in square metres;
xii. the height of the proposed development, in metres;
xiii. the number of floors or storeys of the proposed development;
xiv. the proposed finish floor elevation(s);
xv. the proposed finish grade elevations, at each corner of the building,
each corner of the lot, and at points along the property lines where
direction of surface drainage flow changes and drainage direction;
xvi. the proposed bottom of footing grade elevation;
xvii. the approved neighbourhood geodetic grade elevations for the site;
xviii.the general location of all exiting water service, sanitary sewer
service, and storm sewer service connections to the site;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 51 of 314
PART 4 - APPLICATION
xix. the location of any proposed new water service, sanitary sewer
service, and storm sewer service connections to the site;
xx. the distance to the nearest fire hydrant to the site;
xxi. the location of any existing boulevard trees adjacent to the site;
xxii. the location of all existing and proposed driveways;
xxiii.the on-site parking and loading requirement calculations;
xxiv.the location and grade elevations of all proposed on-site parking and
loading facilities;
xxv. the location of commercial garbage container placement areas.
xxvi. two set of plans or electronic submission of plans satisfactory to the
Development Officer showing floor plans, building elevations and if
deemed required by the Development Officer a perspective
relationship of the proposed development to the adjacent buildings;
xxvii. a plan showing fire routes and lanes;
2.
For comprehensive developments, if deemed necessary by the Development
Officer, the applicant may be required to submit some or all the following each
completed by an appropriate professional:
a.
a Traffic Impact Assessment Study;
b.
a Storm Water Management Plan;
c.
an Environmental Impact Assessment;
d.
an Environmental Report;
e.
a Topographical Survey;
f.
a Geotechnical Engineering Report;
g.
a Detailed Site Landscaping Plan;
h.
a Utility Impact Assessment; and/or,
i.
any other pertinent information or tests required by the Development
Officer respecting the site or other lands in the vicinity.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 52 of 314
PART 4 - APPLICATION
3.
Applications for Cannabis Retail uses must be accompanied by: (added as per Bylaw
1914-18)
a.
proof
of
compliance
with
the
Cannabis
Retail
Specific
Use
Regulation 8.33; and
b.
proof of an application to the Alberta Gaming and Liquor Commission
(AGLC).
4.3
Discretionary Use Permits
1.
In addition to the information required in Section 4.2, for development
applications for a use(s) listed in the District Regulations as a Discretionary
Use, other than a building style, the applicant shall include a letter clearly
describing the nature of the proposed use(s) to determine proper classification.
2.
In addition to the information required in Section 4.2, for development
applications for requiring a variance to be issued the applicant shall provide a
letter requesting the Development Officer to consider the variance including
the reasons the applicant feels the requested variance is suited to the site; and,
photographs, as evidence, of adjacent properties.
4.4
Sign Development Permit Applications
1.
Applications for all signs shall include the following information in duplicate and
the appropriate application form shall be fully and accurately completed:
a.
the municipal address of the land or building where the sign is to be
erected, if any;
b.
the legal description of the land on which the proposed sign is to be
erected;
c.
the zoning classification of the land on which the proposed sign is to be
erected;
d.
the applicant's name, address, telephone number, and interest in the land;
e.
the landowners name, address, telephone number;
f.
the name of the advertised business or development where the sign is to
be erected;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 53 of 314
PART 4 - APPLICATION
g.
whether the development where the sign is to be erected is a single
occupancy or multiple occupancy development;
h.
a letter from the owner of the property on which the sign is to be erected,
or their agent, authorizing the applicant's sign development application;
i.
the name of the company the sign is to be installed or erected by;
j.
the party responsible for compliance with the regulations;
k.
the type of sign as defined in these regulations;
l.
the detailed dimensions of the sign;
m. the wording to be placed on the sign;
n.
the distances from all roads, intersections, driveways, property lines, and
other signs;
o.
and if deemed required by the Development Authority, detailed site plans
showing:
i.
the overall dimensions of the sign, including all sign boxes and
cabinets;
ii.
a description or illustration of the copy to be displayed on the sign;
iii. the method of illumination (if any), including the use of animation;
iv. the materials from which the sign is to be constructed;
v.
the method used to support the sign;
vi. the dimensions of any changeable copy panels;
vii. any rotating parts of the sign;
viii. the total height of the sign above grade.
2.
Applications for off-site freestanding signs shall include the following additional
information:
a.
a photograph that shows the entire frontage of the site where the sign is
proposed; and
b.
a site plan showing:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 54 of 314
PART 4 - APPLICATION
i.
a north arrow;
ii.
the curb line, property line and location of any existing or proposed
buildings;
iii. the perpendicular distance from curb line to property line;
iv. the perpendicular distance from property line to building;
v.
the location of the proposed sign on the site;
vi. the location of any existing freestanding signs on the site, and whether
such sign shall be replaced by the proposed sign;
vii. the length of the frontage of the site where the sign is to be erected;
viii. the horizontal separation distance between the proposed sign and
other freestanding signs located on the site; and
ix. for off-site signs, the horizontal distance from the proposed sign to the
nearest existing off-site sign.
4.5
Decisions
4.5.1
Conditions Attached to Development Permit
1.
The Development Officer may only impose conditions on the approval of a
permitted development if the power to do so is clearly specified elsewhere in
this Bylaw. Nothing in this Section prevents a Development Officer from
identifying on the development permit certain sections of this Bylaw that the
applicant would have to comply with in any event.
2.
If an applicant applies for a development permit for a structure or a use that is
intended to be temporary or that is inherently temporary, the Development
Officer may impose conditions limiting the duration of the validity of the
development permit. The Development Officer may exercise this power to add
conditions to permitted and discretionary uses.
3.
The Development Officer may, with respect to a discretionary development or
a development in a Direct Control Provision, impose such conditions, as they
deem appropriate, having regard to the regulations of this Bylaw and the
provisions of any Statutory Plan.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 55 of 314
PART 4 - APPLICATION
4.
The Development Officer may, as a condition of issuing a development permit,
require the applicant to make satisfactory arrangements for the supply of water,
electric power, sewer service, vehicular and pedestrian access, or any of them,
including payment of the costs of installation or constructing any such utility or
facility by the applicant.
5.
The Development Officer may, as a condition of issuing a development permit
require that an applicant enter into an agreement, which shall be attached to
and form part of such development permit, to do all or any of the following:
a.
to construct, or pay for the construction of, a public roadway required to
give access to the development;
b.
to construct or pay for the construction of:
i.
a pedestrian walkway system to serve the development; or
ii.
pedestrian walkways that will connect the pedestrian walkway system
serving the development with a pedestrian walkway system that
serves, or is proposed to serve, an adjacent development, or both;
c.
to specify the location and number of vehicular and pedestrian access
points to sites from public roadways;
d.
to install, or pay for the installation of, utilities that are necessary to serve
the development;
e.
to construct or pay for the construction of, off-street or other parking
facilities, or loading and unloading facilities; or
f.
to repair or reinstate, or to pay for the repair or reinstatement, to original
condition, any street furniture, curbing, sidewalk, boulevard landscaping
and tree planting which may be damaged or destroyed or otherwise
harmed by development or building operations upon the site.
6.
The Development Officer may, as a condition of issuing a development permit,
require that an applicant enter into an agreement in a form satisfactory to the
City, to pay an off-site levy or redevelopment levy, or both, imposed by a bylaw
pursuant to the Act.
7.
If an applicant applies for a development permit for a structure that encroaches
on City owned property, the Development Officer may impose conditions
requiring the applicant to mitigate the impact of the encroachment, including
compensation, indemnities, insurance, and a duty to remove the encroaching
structure on receipt of notice. If the Development Officer does not impose such
a condition on an encroaching structure, this shall not be construed as granting
Bylaw 1804-13, as amended
Land Use Bylaw
Page 56 of 314
PART 4 - APPLICATION
the applicant a right to encroach and the applicant may require a separate
encroachment agreement.
8.
The Development Officer may require any agreement be entered into pursuant
to clauses (4) and (5) above to be filed against the title to the site at the Land
Titles Office.
9.
That Cannabis Retail development permits require proof of an approval from
the Alberta Gaming and Liquor Commission (AGLC). added as per Bylaw 1914-18
4.5.2
Deemed Refusals
1.
An application for a development permit is, at the option of the applicant,
deemed to be refused if the decision of the Development Officer has not been
made within 40 days of the application being deemed complete unless the
applicant has entered into an agreement with the Development Officer to
extend the forty (40) day period. Amended per Bylaw 2095-25
2.
Deleted per Bylaw 2095-25
3.
If a subdivision authority fails or refuses to decide on an application for
subdivision approval within the time prescribed in the subdivision and
development regulations, the applicant may, within fourteen (14) days after the
expiration of the time frame prescribed;
a.
treat the application as refused and appeal it in accordance with Part 5;
or,
b.
enter into an agreement with the subdivision authority to extend the time
prescribed in the subdivision and development regulations.
4.5.3
Validity of Development Permit - General Provisions
1.
When an application for a development permit has been approved by the
Development Officer, the development permit shall not be valid unless and
until:
a.
any conditions of approval have been fulfilled; and
b.
no notice of appeal from such approval has been served on the
Subdivision and Development Appeal Board within the required time.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 57 of 314
PART 4 - APPLICATION
2.
When an application for a development permit has been approved by the
Subdivision and Development Appeal Board, it shall not be valid unless and
until:
a.
the Board has provided a written decision to the applicant that the permit
application has been approved; and
b.
any conditions of approval have been fulfilled.
3.
The Development Officer shall suspend the development permit issued by the
Subdivision and Development Appeal Board.
4.
The development permit issued by the Subdivision and Development Appeal
Board and suspended pursuant to the Act, remains suspended until:
a.
the Alberta Court of Appeal denies leave to appeal and any appeal from
that denial has been finally determined; or
b.
the Alberta Court of Appeal has granted leave to appeal, heard the appeal
on the merits, made its decision, and any appeal to the Supreme Court of
Canada from that determination by the Alberta Court of Appeal has been
finally determined.
4.5.4
Resubmission Interval
1.
An application for a development permit for a use within the same use class of
this Bylaw, shall not be accepted by the Development Officer from the same or
any other applicant for the same site:
a.
within six (6) months of the date of a refusal by the Development Officer;
or
b.
within six (6) months of the date of a written decision of the Subdivision
and Development Appeal Board on a previous application, if the previous
application was appealed to, and subsequently refused by, the Subdivision
and Development Appeal Board; or
c.
within six (6) months of the date of a written decision of the Alberta Court
of Appeal on the previous application if the application has been appealed
to the Alberta Court of Appeal; or
d.
during the time prior to the decision of the Subdivision and Development
Appeal Board or the Alberta Court of Appeal if the application has been
appealed to the Subdivision and Development Appeal Board or the Alberta
Court of Appeal.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 58 of 314
PART 4 - APPLICATION
2.
Subsection 4.5.4(1) shall not apply in the case of an Application for a
development permit for a permitted use if the application complies with all
the regulations of this Bylaw.
3.
If upon review of any application for a development permit, the
Development Officer determines that Subsection 4.5.4(1) applies, then the
application shall be returned to the applicant, along with any fees that have
been submitted. The application shall not be considered as having been
refused but shall be deemed not to have been submitted.
4.
Notwithstanding Subsection 4.5.4(1) above, if two (2) or more
development permit applications for the same use class on the same site
have been refused by the Development Officer, the Subdivision and
Development Appeal Board, the Alberta Court of Appeal, or any
combination of the above, the third and any subsequent development
permit application for that use class on that site shall not be accepted by
the Development Officer until one year from the date of the most recent
refusal, unless that application is for a permitted use and complies in all
respects with the Land Use Classification.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 59 of 314
PART 4 - APPLICATION
4.5.5
Expiry of Permit
1.
A development permit shall expire and shall no longer be valid after one (1)
year from the date of approval of the permit if no construction has been
initiated. Construction includes, but is not limited to, site surface preparation or
excavation. Furthermore:
a.
work such as engineering studies, geotechnical investigations, site
surveys, soils analysis, environmental assessment, and the like shall not
be considered as construction in the context of this Subsection; and
b.
in the case of a change of use within an existing structure, where no
significant construction or reconstruction is necessary, the applicant shall
have the new Use in operation within one (1) year of the approval of the
development permit.
2.
Notwithstanding clause (1) above, if a building permit is issued for the
development within the twelve (12) month period, the development permit
issued therefore shall not lapse unless and until the building permit so issued
is cancelled or allowed to lapse by virtue of work not having commenced within
the statutory minimum period.
3.
Where a development permit is issued for a site where any other development
permit has been approved, all previous permits shall be invalid if the physical
aspects of the development conflict, or both could not occur simultaneously
upon the site, in conformity with the regulations of this Bylaw.
4.
Notwithstanding Subsection 4.5.5 time shall not run during an appeal of the
development permit to the Subdivision and Development Appeal Board and
any consequent court proceedings until:
a.
the Subdivision and Development Appeal Board has issued a written
decision of its approval of the development permit and there is no appeal
from this decision of the Subdivision and Development Appeal Board; or
b.
the Alberta Court of Appeal denies leave to appeal and any appeal from
that denial has been fully determined; or
c.
the Alberta Court of Appeal has granted leave to appeal, heard the appeal
on the merits, made its decision, and any appeal to the Supreme Court of
Canada from that determination by the Alberta Court of Appeal has been
finally determined.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 60 of 314
PART 4 - APPLICATION
4.6
Notification
4.6.1
Notification of Issuance of Development Permits
1.
For permitted use permits, where no variance has been granted, the
Development Officer shall notify the assessed owner of the site and the permit
applicant of the Development Authority's decision. amended as per Bylaw 1997-21
2.
Within seven (7) days of the issuance of a development permit for discretionary
use permits issued by the Development Officer, or permits issued pursuant to
Section 3.5 by the Development Officer;
a.
the Development Officer shall send notice by regular mail, or by electronic
means as authorized, to: amended as per Bylaw 1997-21
i.
each assessed owner of the site or a part of the site of the
development;
ii.
each assessed owner of land, wholly or partly within 76.0 m of the
boundary of the site;
b.
the notice shall include, but not be limited to:
i.
the development permit number;
ii.
the legal description and civic address of the site;
iii. a description of the proposed development or use for the site;
iv. the permit application date and permit issuance date;
v.
the conditions of approval for the permit;
vi. the appeal deadline;
vii. the name and office phone number of the Development Officer,
viii. the office address and hours where the development permit file may
be reviewed;
ix. the right of appeal; and
x.
the appeal initiation procedure.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 61 of 314
PART 4 - APPLICATION
3.
During any cessation of ordinary mail delivery, the written notice described
above shall be given by such other alternative means as the Development
Officer may specify.
4.
The Development Officer at their sole discretion may, if they deem necessary,
notify other owners beyond the 76.0 m distance from the site.
4.6.2
Notification of Refusals of Development Permits
1.
Where the Development Officer has reviewed a development permit
application and has chosen to refuse the application the Development Officer
shall send notice by regular mail or by electronic means as authorized, to the
development permit applicant and to each owner of the site or a part of the site
of the proposed development. amended as per Bylaw 1997-21
2.
The notice shall include, but not be limited to:
a.
the development permit application number;
b.
the legal description and civic address of the proposed site;
c.
a description of the proposed development or use for the site;
d.
include the permit application date and permit refusal date;
e.
the reasons for the refusal of the application;
f.
the decision appeal deadline;
g.
the name and office phone number of the Development Officer,
h.
the office address and hours where the development permit file may be
reviewed;
i.
the right of appeal; and
j.
the appeal initiation procedure.
4.6.3
Notification of Applications of Direct Control Development Permit Applications
1.
An application for a development permit in respect of development of land or a
building in a Direct Control District shall require that each assessed owner of land
within 76.0 m of the site, or such greater distance as determined by the
Development Authority, shall be given notice of the application by regular mail,
Bylaw 1804-13, as amended
Land Use Bylaw
Page 62 of 314
PART 4 - APPLICATION
by electronic means as authorized, or be delivered in person by the Development
Officer. amended as per Bylaw 1997-21
2.
Further to Subsection (1), the Development Authority may also determine that
owners of land or persons that may be affected by the proposed development
and shall give notice of the application by the same means as required in
Subsection (1). amended as per Bylaw 1997-21
3.
The above-mentioned notice shall state:
a.
the proposed use of the building or site;
b.
the location of the property (both legal and street address, if available) for
which the application has been made;
c.
a method whereby public opinion can be received by City Council with
respect to the application; and
d.
that comments on the application are requested within six (6) days of the
date of the delivery of the notice, or such greater time as determined by the
Development Authority.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 63 of 314
PART 5 - APPEALS
5.1
Development Appeal Commencement
1.
If a Development Officer:
a.
fails, or refuses, to issue a development permit to a person;
b.
issues a development permit subject to conditions; or
c.
issues an order under Section 645 of the Act, the person applying for the
permit, or affected by the order, may appeal to the Subdivision and
Development Appeal Board.
2.
In addition to the applicant, any person affected by the order, decision or
development permit issued or made by the development officer may appeal to
the Subdivision and Development Appeal Board.
3.
No appeal lies in respect of the issuance of a development permit for a
permitted use unless the provisions of the Land Use Bylaw were relaxed,
varied, or misinterpreted.
4.
An appeal to the Subdivision and Development Appeal Board shall be
commenced by serving a written notice of the appeal to the Secretary of the
Subdivision and Development Appeal Board within twenty-one (21) days after:
amended per Bylaw 2106-26
a.
an appeal made by the applicant, or person affected by the order, the date
on which the applicant or person is notified of the order or decision or the
issuance of the development permit; or
b.
no decision has been made with respect to the application for a development
permit within forty (40) days of the application date; or
c.
an appeal made by a person other than the applicant who claims to be
affected by development permit, the decision of the Development Officer or
by the order, the date on which the notice of the issuance of the permit was
given in accordance with this Land Use Bylaw.
5.
The written notice of appeal shall be accompanied by the development appeal
fee, which shall be set from time to time by resolution of the Council.
5.2
Subdivision Appeal Commencement
1.
The decision of a subdivision authority on an application for subdivision
approval may be appealed by:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 64 of 314
PART 5 - APPEALS
a.
the applicant for subdivision approval,
b.
a government department if the application is required by the subdivision
and development regulations to be referred to that department,
c.
City Council,
d.
a designated officer of the City, or
e.
the school authority with respect to:
i.
the allocation of municipal reserve
ii.
the location of school reserve allocated to it, or
iii. the amount of school reserve allocated.
2.
A subdivision appeal may be commenced by filing written notice within
nineteen (19) days after the mailing of the written decision of the Subdivision
Authority or a deemed refusal of application for subdivision as specified under
Section 681 of the Act with:
a.
respect to land that is within the distance of a highway, a body of water or
a sewage treatment facility or waste management facility as set out in the
subdivision and development regulations to the Municipal Government
Board; or
b.
in all other cases with the Subdivision and Development Appeal Board and
must be accompanied by the subdivision appeal fee which shall be set from
time to time by resolution of the Council.
5.3
Subdivision and Development Appeal Board Procedures
1.
Once a subdivision appeal or development appeal has been filed and has been
deemed as complete, the Secretary to the Subdivision and Development Appeal
Board shall:
a.
schedule a hearing date, that is within thirty (30) days of the notice of appeal,
with the members of the Subdivision and Development Appeal Board to hear
the appeal;
b.
provide at least five (5) days written notice of the scheduled hearing,
regarding subdivision appeals in accordance with Section 679 of the Act, or
regarding development appeals in accordance Section 686 of the Act.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 65 of 314
PART 5 - APPEALS
2.
The Subdivision and Development Appeal Board shall carry out the hearing and
provide their decision regarding subdivision appeals in accordance with Section
680 of the Act, or regarding development appeals in accordance with Section 687
of the Act.
5.4
Court of Appeal
1.
An appeal lays to the Court of Appeal on a question of law or jurisdiction with
respect to a decision of the Subdivision and Development Appeal Board; and
the Municipal Government Board on a decision on an appeal under 619 of the
Act regarding the Natural Resources Conservation Board, the Energy
Resources Conservation Board, or the Alberta Utilities Commission.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 66 of 314
PART 6 - LAND USE DISTRICTS
6.1
R1 - Single Dwelling Residential District Regulations
6.1.1
Purpose
1.
To establish a district in which land is used primarily for single dwelling
housing development.
6.1.2
Permitted Uses
1.
Single Dwelling Building
2.
deleted as per Bylaw 1997-21
3.
Carport
4.
Detached Garage
5.
Attached Garage
6.
Home Office
7.
Limited Foster Home
8.
Support Home
9.
Essential Utility Services
10.
Uses accessory to the above (decks, patios, hot tubs, swimming pools, etc.)
6.1.3
Discretionary Uses
1.
Modular Housing
2.
Residential Sales Centre
3.
Minor Home-Based Business
4.
Secondary Suite
5.
Day Home Operation
6.
Garage Suite added as per Bylaw 1997-21
Bylaw 1804-13, as amended
Land Use Bylaw
Page 67 of 314
PART 6 - LAND USE DISTRICTS
6.1.4
Minimum Front Yard Setback
1.
Principal building .................................................................................. 6.1 m
2.
All other buildings ................................................................................. 6.1 m
6.1.5
Minimum Rear Yard Setback
1.
Principal building
a.
with an attached garage ............................................................. 6.0 m
b.
without an attached garage ....................................................... 13.0 m
2.
Deck ..................................................................................................... 4.0 m
3.
Detached garage
a.
rear entry ..................................................................................... 5.5 m
b.
side entry ..................................................................................... 1.0 m
4.
Open carport ........................................................................................ 3.0 m
5.
Accessory building, other than detached garage .................................. 1.0 m
6.1.6
Minimum Side Yard Setback
1.
Principal building
a. with lane access ............................................................................ 1.5 m
b. without lane access\no front attached garage .................. 1.5 m one side
........................................................................................ 3.0 m on other
c. without lane access\front attached garage ...................................... 1.5 m
2.
Deck
a. 0.5 m and < 1.0 m above grade ...................................................... 0.6 m
b. 1.0 m or > above grade .................................................................. 1.5 m
3.
Detached garage, carport, and accessory buildings
Bylaw 1804-13, as amended
Land Use Bylaw
Page 68 of 314
PART 6 - LAND USE DISTRICTS
a. less than 2.7 m wall height ............................................................. 1.0 m
b. wall height 2.7 m or greater ............................................................ 1.5 m
4.
Attached carport ................................................................................... 1.5 m
6.1.7
Maximum Site Coverage
1.
Dwelling unit, excluding attached garage ............................................... 26%
2.
Attached and detached garage total ....................................................... 14%
3.
Total site coverage, excluding deck ........................................................ 40%
4.
Total site coverage, including open deck ................................................ 50%
6.1.8
Maximum Building Height
1.
Principal building ................................................................................ 10.0 m
2.
Detached garage .................................................................................. 4.0 m
3.
Accessory building ............................................................................... 3.1 m
4.
Antenna structures ............................................................................... 8.0 m
6.1.9
Minimum floor area
1.
Principal building, excluding attached garage ...................................... 93.0 m2
6.1.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Day Home Operation .......................................................... Section 8.1.1
Limited Foster Home .......................................................... Section 8.3.1
Bylaw 1804-13, as amended
Land Use Bylaw
Page 69 of 314
PART 6 - LAND USE DISTRICTS
Support Home .................................................................... Section 8.3.6
Secondary Suite ................................................................. Section 8.5.1
Modular Housing ................................................................ Section 8.6.2
Residential Sales Centre .................................................... Section 8.6.3
Private Swimming Pool .................................................... Section 8.6.4.1
6.1.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Sign ....................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Bylaw 1804-13, as amended
Land Use Bylaw
Page 70 of 314
PART 6 - LAND USE DISTRICTS
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 71 of 314
PART 6 - LAND USE DISTRICTS
6.2
R1A - Small Lot Single Dwelling Residential District Regulations
6.2.1
Purpose
1.
To establish a district in which land is used primarily for single dwelling housing
development with smaller lots to provide for affordable homes.
6.2.2
Permitted Uses
1.
Single Dwelling Building, with attached garage
2.
deleted as per Bylaw 1997-21
3.
Carport
4.
Home Office
5.
Limited Foster Home
6.
Support Home
7.
Uses accessory to the above (decks, patios, hot tubs, swimming pools, etc.)
6.2.3
Discretionary Uses
1.
Modular Housing
2.
Residential Sales Centre
3.
Minor Home-Based Business
4.
Secondary Suite
5.
Day Home Operation
6.
Essential Utility Services
6.2.4
Minimum Front Yard Setback
1.
Principal building .................................................................................. 6.1 m
2.
All other buildings ................................................................................. 6.1 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 72 of 314
PART 6 - LAND USE DISTRICTS
6.2.5
Minimum Rear Yard Setback
1.
Principal building, with an attached garage .......................................... 6.0 m
2.
Deck ..................................................................................................... 4.0 m
3.
Accessory building, other than detached garage .................................. 0.9 m
4.
Eaves ................................................................................................... 0.6 m
6.2.6
Minimum Side Yard Setback
1.
Principal building
a. with or without lane access............................................................ 1.5 m
b. without lane access and with front attached garage ...................... 1.5 m
2.
Deck 0.5 m and <1.0 m above grade ................................................... 0.6 m
3.
1.0 m or > above grade ........................................................................ 1.5 m
4.
Accessory building < 2.7 m wall height amended as per Bylaw 1997-21 ....... 1.0 m
5.
Eaves ................................................................................................... 0.6 m
6.2.7
Maximum Site Coverage
1.
Dwelling unit, with attached garage ........................................................ 40%
2.
Total site coverage, excluding deck ........................................................ 40%
3.
Total site coverage, including open deck ................................................ 50%
6.2.8
Maximum Building Height
1.
Principal building ................................................................................ 10.0 m
2.
Accessory building ............................................................................... 3.0 m
3.
Antenna structures ............................................................................... 8.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 73 of 314
PART 6 - LAND USE DISTRICTS
6.2.9
Minimum floor area
1.
Principal building, excluding attached garage
83.0 m2
6.2.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Day Home Operation .......................................................... Section 8.1.1
Limited Foster Home .......................................................... Section 8.3.1
Support Home .................................................................... Section 8.3.6
Modular Housing ................................................................ Section 8.6.2
Residential Sales Centre .................................................... Section 8.6.3
Secondary Suite ................................................................. Section 8.5.1
Private Swimming Pool .................................................... Section 8.6.4.1
6.2.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Bylaw 1804-13, as amended
Land Use Bylaw
Page 74 of 314
PART 6 - LAND USE DISTRICTS
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 75 of 314
PART 6 - LAND USE DISTRICTS
6.3
R1N - Narrow Lot Single Family Residential District Regulations
6.3.1
Purpose
1.
To provide land that will be used for narrow lots for single dwelling buildings in
new neighbourhoods. All lots in these districts will require lanes for rear garage
access. Front drive garages are not permitted.
6.3.2
Permitted Uses
1.
Single Dwelling Building, without attached garage
2.
deleted as per Bylaw 1997-21
3.
Detached Garage, not exceeding 54.0 m2
4.
Home Office
5.
Limited Foster Home
6.
Support Home
7.
Essential Utility Services
8.
Uses accessory to the above (decks, patios, hot tubs, swimming pools, etc.)
6.3.3
Discretionary Uses
1.
Modular Housing
2.
Residential Sales Centre
3.
Minor Home-Based Business
4.
Day Home Operation
5.
Garage Suite added as per Bylaw 1997-21
6.3.4
Minimum Front Yard Setback
1.
Principal building .................................................................................. 5.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 76 of 314
PART 6 - LAND USE DISTRICTS
6.3.5
Minimum Rear Yard Setback
1.
Principal building ................................................................................ 15.0 m
2.
Deck ................................................................................................... 13.0 m
3.
Detached garage .................................................................................. 5.5 m
4.
Accessory building ............................................................................... 0.9 m
5.
Eaves ................................................................................................... 0.6 m
6.3.6
Minimum Side Yard Setback
1.
Principal building
a.
internal lot .................................................................................. 1.5 m
b.
corner lot abutting a street or lane .............................................. 2.4 m
2.
Detached garage
a.
less than 2.7 m wall height ............................................................ 1.0 m
b.
greater than 2.7 m wall height ....................................................... 1.5 m
3.
Detached garage
a.
where abutting a street .................................................................. 2.4 m
b.
where abutting a lane .................................................................... 1.5 m
4.
Decks
a.
> 0.5 m and <1.0 m above grade................................................... 0.6 m
b.
1.0 m or > above grade ................................................................. 1.5 m
5.
Accessory building ............................................................................... 0.9 m
6.
Eaves ................................................................................................... 0.6 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 77 of 314
PART 6 - LAND USE DISTRICTS
6.3.7
Maximum Site Coverage
1.
Dwelling unit ........................................................................................... 31%
2.
Detached garage and accessory building total ....................................... 14%
3.
Total site coverage, excluding decks ...................................................... 45%
4.
Total site coverage, including open decks .............................................. 55%
6.3.8
Maximum Building Height
1.
Principal building ................................................................................ 10.0 m
2.
Detached garage .................................................................................. 4.0 m
3.
Accessory building ............................................................................... 3.0 m
4.
Antenna structures ............................................................................... 8.0 m
6.3.9
Minimum floor area
1.
Principal building, excluding attached garage ................................... 83.0 m2
6.3.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Day Home Operation .......................................................... Section 8.1.1
Limited Foster Home .......................................................... Section 8.3.1
Support Home .................................................................... Section 8.3.6
Modular Housing ................................................................ Section 8.6.2
Residential Sales Centre .................................................... Section 8.6.3
Bylaw 1804-13, as amended
Land Use Bylaw
Page 78 of 314
PART 6 - LAND USE DISTRICTS
Private Swimming Pool .................................................... Section 8.6.4.1
6.3.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Bylaw 1804-13, as amended
Land Use Bylaw
Page 79 of 314
PART 6 - LAND USE DISTRICTS
Construction Damage Deposits ........................................... Section 7.22
Bylaw 1804-13, as amended
Land Use Bylaw
Page 80 of 314
PART 6 - LAND USE DISTRICTS
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 81 of 314
PART 6 - LAND USE DISTRICTS
6.4
R1R - Country Residential District Regulations
6.4.1
Purpose
1.
To establish a district in which land is used primarily for single family detached
housing development with large, semi-serviced lots in an urban setting with large
back yards.
6.4.2
Permitted Uses
1.
Single Dwelling Building
2.
Detached Garage
a. two (2) per lot maximum
3.
Tent Structure
a. maximum 60 m2 in area
4.
Swimming Pool
5.
Limited Foster Home
6.
Day Home Operation
7.
Support Home
8.
Home Office
9.
Minor Home-Based Business
10.
Underground Sewage Holding Tank
11.
Essential Utility Services
12.
Uses accessory to the above (decks, patios, hot tubs, swimming pools, etc.)
6.4.3
Discretionary Uses
1.
Modular Housing
2.
Secondary Suite
Bylaw 1804-13, as amended
Land Use Bylaw
Page 82 of 314
PART 6 - LAND USE DISTRICTS
3.
Foster Homes
4.
Oversize Detached Garage
5.
Residential Sales Centre
6.
Major Home-Based Business
7.
Private Sewage Systems
8.
Garage Suite added as per Bylaw 1997-21
6.4.4
Minimum Front Yard Setback
1.
Principal building ................................................................................ 12.2 m
2.
All other buildings ................................................................ 50% of lot depth
6.4.5
Minimum Rear Yard Setback
1.
Principal building ................................................................. 50% of lot depth
2.
Detached garage, workshops, and accessory buildings
a.
up to 3.0 m wall height, and with a building area of <75 m2 ........... 1.5 m
3.
Detached garage, workshops, and accessory buildings
b.
greater than 3.0 m wall height, or .................................................. 2.5 m
c.
building area of 75 m2 or greater ................................................... 2.5 m
4.
Eaves ................................................................................................... 0.9 m
6.4.6
Minimum Side Yard Setback
1.
Principal building, internal lot
a.
single storey building ..................................................................... 1.5 m
b.
two storeyed building ..................................................................... 2.1 m
c.
with no front drive garage, increase one side yard to ..................... 3.5 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 83 of 314
PART 6 - LAND USE DISTRICTS
2.
Principal building, corner lot abutting a street or lane ........................... 3.0 m
3.
Detached garage, workshops, and accessory buildings
a.
up to 3.0 m wall height and with a building area of <75 m2 ............ 1.5 m
4.
Detached garage, corner lot abutting a street ....................................... 3.0 m
5.
Detached garage, workshops, and accessory buildings
a.
greater than 3.0 m wall height, or ................................................. 2.5 m
b.
with a building area of 75 m2 or greater ......................................... 2.5 m
6.
Deck ..................................................................................................... 1.5 m
7.
Eaves ................................................................................................... 0.9 m
6.4.7
Maximum Site Coverage
1.
Principal building .................................................................................... 25%
2.
Detached garage, workshops, and accessory buildings
a.
individual building ........................................................................ 180 m2
b.
combination of all secondary buildings ........................................ 200 m2
6.4.8
Minimum Building Separation
1.
Distance between any two buildings ..................................................... 3.0 m
6.4.9
Maximum Building Height
1.
Principal building ................................................................................ 12.0 m
2.
Detached garage, workshops, and accessory buildings
a. building height ................................................................................ 5.0 m
b. wall height ...................................................................................... 4.0 m
3.
Antenna structures ............................................................................... 8.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 84 of 314
PART 6 - LAND USE DISTRICTS
6.4.10
Minimum floor area
1.
One storey, with attached garage
a. dwelling unit only .......................................................................... 110 m2
b. building area total............................................................................. 158 m2
2.
One storey, with no attached garage .................................................. 138 m2
3.
Two storeyed, with attached garage
a. dwelling unit only .......................................................................... 138 m2
b. building area total............................................................................. 185 m2
4.
Two storeyed, with no attached garage .............................................. 167 m2
6.4.11
Private Sewage Systems
1.
Where lots are not serviced with municipal sanitary sewers, they must use
approved sanitary sewer pump-out holding tanks or have private sewage
systems that have been designed and installed in full conformance with the
appropriate provincial regulations.
a.
The type and design of the private sewage system must be provided in full
detail at the time of application for the principal building along with a copy
of the permit to install a private sewage system.
2.
Where lots are serviced with pressurized municipal sanitary sewers, they must
connect to the municipal system with the approved system type.
6.4.12
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Major Home-Based Business ............................................. Section 8.7.3
Secondary Suite ................................................................. Section 8.5.1
Bylaw 1804-13, as amended
Land Use Bylaw
Page 85 of 314
PART 6 - LAND USE DISTRICTS
Bylaw 1804-13, as amended
Land Use Bylaw
Page 86 of 314
PART 6 - LAND USE DISTRICTS
Tent Structure .................................................................. Section 8.27.3
Day Home Operation .......................................................... Section 8.1.1
Limited Foster Home .......................................................... Section 8.3.1
Foster Home .................................................................... Section 8.3.21
Support Home .................................................................... Section 8.3.6
Modular Housing ................................................................ Section 8.6.2
Residential Sales Centre .................................................... Section 8.6.3
Private Swimming Pool .................................................... Section 8.6.4.1
6.4.13
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Bylaw 1804-13, as amended
Land Use Bylaw
Page 87 of 314
PART 6 - LAND USE DISTRICTS
Bylaw 1804-13, as amended
Land Use Bylaw
Page 88 of 314
PART 6 - LAND USE DISTRICTS
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 89 of 314
PART 6 - LAND USE DISTRICTS
6.5
Reserved for Future Use
Bylaw 1804-13, as amended
Land Use Bylaw
Page 90 of 314
PART 6 - LAND USE DISTRICTS
6.6
RE - Residential Estate District Regulations
6.6.1
Purpose
1.
To establish a district in which land is used for single dwelling residential
development on a large tract of land in an urban setting.
6.6.2
Permitted Uses
1.
Single Dwelling Building
2.
deleted as per Bylaw 1997-21
3.
Detached Garage
4.
Attached Garage
5.
Home Office
6.
Limited Foster Home
7.
Support Home
8.
Essential Utility Services
9.
Uses accessory to the above (decks, patios, hot tubs, swimming pools, etc.)
6.6.3
Discretionary Uses
1.
Minor Home-Based Business
2.
Major Home-Based Business
3.
Secondary Suite
4.
Day Home Operation
5.
Foster Home
6.
Residential Sales Centre
Bylaw 1804-13, as amended
Land Use Bylaw
Page 91 of 314
PART 6 - LAND USE DISTRICTS
6.6.4
Minimum Front Yard Setback
1.
Principal building ................................................................................ 12.2 m
2.
All other buildings ................................................................ 50% of lot depth
6.6.5
Minimum Rear Yard Setback
1.
Principal building ................................................................................ 20.0 m
2.
Detached garage, workshops, and accessory buildings
a. up to 3.0 m wall height and,
with a building area of less than 75 m2 .......................................... 1.5 m
b. greater than 3.0 m wall height, or
with a building area of 75 m2 or greater ......................................... 2.5 m
3.
Eaves ................................................................................................... 0.9 m
6.6.6
Minimum Side Yard Setback
1.
Principal building, internal lot
a.
single storey building ..................................................................... 1.5 m
b.
two storeys building ....................................................................... 2.1 m
c.
with no front drive garage, increase one side yard ........................ 3.5 m
2.
Principal building, corner lot where abutting
a. a street or lane ............................................................................... 3.0 m
3.
Detached garage, workshop, and accessory buildings
a. up to 2.5 m wall height. ................................................................... 1.2 m
b. wall height greater than 2.5 m ........................................................ 1.8 m
c. corner lot, where abutting a street or lane ....................................... 5.5 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 92 of 314
PART 6 - LAND USE DISTRICTS
4.
Deck ..................................................................................................... 1.5 m
5.
Eaves ................................................................................................... 0.9 m
6.6.7
Maximum Site Coverage
1.
Principal Building .................................................................................... 25%
2.
Detached garage, workshop, and accessory buildings
a.
individual building .......................................................................... 90 m2
b.
combination of all secondary buildings ........................................ 130 m2
6.6.8
Minimum Building Separation
1.
Distance between any two (2) buildings ............................................... 3.0 m
6.6.9
Maximum Building Height
1.
Principal building ................................................................................ 12.0 m
2.
Detached garage, workshop, and accessory building
a.
building height ............................................................................... 5.0 m
b.
wall height ..................................................................................... 4.0 m
3.
Antenna structures ............................................................................... 8.0 m
6.6.10
Minimum floor area
1.
One (1) storey, with attached garage
a.
dwelling unit only ......................................................................... 110 m2
b.
building area total ........................................................................... 158 m2
2.
One (1) storey, with no attached garage ............................................ 138 m2
3.
Two (2) storeys, with attached garage
a.
dwelling unit only ......................................................................... 138 m2
Bylaw 1804-13, as amended
Land Use Bylaw
Page 93 of 314
PART 6 - LAND USE DISTRICTS
b.
building area total ........................................................................... 185 m2
4.
One (1) storey, with no attached garage ............................................ 138 m2
5.
Two (2) storeys, with no attached garage ........................................... 167 m2
6.6.11
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Major Home-Based Business ............................................. Section 8.7.3
Secondary Suite ................................................................. Section 8.5.1
Day Home Operation .......................................................... Section 8.1.1
Limited Foster Home .......................................................... Section 8.3.1
Foster Home ...................................................................... Section 8.3.2
Support Home .................................................................... Section 8.3.6
Modular Housing ................................................................ Section 8.6.2
Residential Sales Centre .................................................... Section 8.6.3
Private Swimming Pool .................................................... Section 8.6.4.1
6.6.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Bylaw 1804-13, as amended
Land Use Bylaw
Page 94 of 314
PART 6 - LAND USE DISTRICTS
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 95 of 314
PART 6 - LAND USE DISTRICTS
6.7
RMX - Residential Mixed Use District Regulations
6.7.1
Purpose
1.
To establish a district in which land is used for large lot, single family
development, generally without the provision of the full range of urban utility
services where associated light industrial uses which do not jeopardize the nature
and enjoyment of the residential area may utilize the additional land area for
workshops and storage of vehicles and equipment.
6.7.2
Permitted Uses
1.
Single Dwelling Building
2.
deleted as per Bylaw 1997-21
3.
Carport
4.
Detached Garage
5.
Attached Garage
6.
Tent Structure (maximum 60 m2 in area)
7.
Home Office
8.
Limited Foster Home
9.
Support Home
10.
Essential Utility Services
11.
Uses accessory to the above (decks, patios, hot tubs, swimming pools, etc.)
6.7.3
Discretionary Uses
1.
Residential Sales Centre
2.
Minor Home-Based Business
3.
Major Home-Based Business
4.
Secondary Suite
Bylaw 1804-13, as amended
Land Use Bylaw
Page 96 of 314
PART 6 - LAND USE DISTRICTS
5.
Oversize Detached Garage
6.
Day Home Operation
7.
Limited Group Home
8.
Foster Home
9.
Associated uses described in 6.7.11
10.
Garage Suite added as per Bylaw 1997-21
6.7.4
Minimum Front Yard Setback
1.
Principal building .................................................................................. 7.5 m
2.
All other buildings ............................................................................... 10.0 m
6.7.5
Minimum Rear Yard Setback
1.
Principal building .................................................................................. 7.5 m
2.
Detached garage, workshop, and accessory building
a.
up to 3.0 m wall height and,
with a building area of less than 75 m2 .......................................... 1.5 m
b.
greater than 3.0 m wall height, or
c.
with a building area of 75 m2 or greater ......................................... 2.5 m
3.
Eaves ................................................................................................... 0.9 m
6.7.6
Minimum Side Yard Setback
1.
Principal building with internal lot
a.
single storey building..................................................................... 1.5 m
b.
two (2) storey building ................................................................... 2.1 m
c.
with no front drive garage ................... increase one (1) side yard 3.5 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 97 of 314
PART 6 - LAND USE DISTRICTS
2.
Principal building with corner lot abutting a street or lane ..................... 3.0 m
3.
Detached garage, workshop, and accessory building
a.
up to 2.5 m wall height ................................................................... 1.2m
b.
wall height greater than 2.5 m ........................................................ 1.8m
c.
corner lot abutting street or lane .................................................... 3.0 m
4.
Deck ..................................................................................................... 1.5 m
5.
Eaves ................................................................................................... 0.9 m
6.7.7
Maximum Site Coverage
1.
Principal building .................................................................................... 30%
2.
Detached garage, workshop, and accessory building
a.
individual building .......................................................................... 90 m2
b.
combination of all secondary buildings ........................................ 130 m2
6.7.8
Minimum Building Separation
1.
Distance between any two (2) buildings ............................................... 3.0 m
6.7.9
Maximum Building Height
1.
Principal building ................................................................................ 12.0 m
2.
Detached garage, workshop, and accessory building
a.
building height ............................................................................... 5.0 m
b.
wall height ..................................................................................... 4.0 m
3.
Antenna structures ............................................................................... 8.0 m
6.7.10
Minimum floor area
1.
One (1) storey with attached garage
Bylaw 1804-13, as amended
Land Use Bylaw
Page 98 of 314
PART 6 - LAND USE DISTRICTS
a.
dwelling unit only ........................................................................... 95 m2
b.
building area total ........................................................................... 130 m2
c.
one (1) storey, with no attached garage
95 m2
2.
Two (2) storey with attached garage
a.
dwelling unit only ......................................................................... 138 m2
b.
building area total ........................................................................... 185 m2
c.
two (2) storey, with no attached garage ....................................... 138 m2
6.7.11
Associated Uses
1.
Associated light industrial uses shall, in the opinion of the Development
Authority, comply with the following general regulations:
a.
No associated light industrial use shall involve the sale or display of any
goods on the site.
b.
The associated light industrial use shall not generate pedestrian and/or
vehicular traffic or parking more than what is characteristic of the
neighbourhood within which it is located. At no time shall the associated
industrial use generate excessive traffic within the neighbourhood.
c.
No offensive noise, vibration, smoke, dust, odors, heat, glare, electrical, or
radio disturbance shall be produced by the industrial use.
d.
At all times, the privacy and enjoyment of adjacent dwellings shall be
preserved, and the industrial use shall not adversely affect the residential
amenities of the neighbourhood.
2.
All industrial uses shall be in strict compliance with the provisions of this Bylaw
and the conditions imposed. The permit may be revoked at any time if, in the
opinion of the Development Authority, the operator of the industrial use has
violated any conditions of this Bylaw, or the permit issued.
3.
For the guidance of the reader, the following are examples of uses, which may,
depending on the scale of operation, be considered suitable within this district:
a.
delivery service
b.
furniture moving service
Bylaw 1804-13, as amended
Land Use Bylaw
Page 99 of 314
PART 6 - LAND USE DISTRICTS
c.
tree moving service
d.
bricklayer
e.
building contractor
f.
carpet installer
g.
carpenter
h.
electrician
i.
engineer
j.
landscape contractor
k.
plumber
l.
security control installation service
m. sign making
n.
vehicle storage for truckers, bus drivers
4.
Exterior storage and operation of the industrial use may be permitted if, in the
opinion of the Development Authority, the exterior storage and operation area
is adequately screened and is sited behind the principal building at a minimum
distance of 30.0 m from the front property line (existing of proposed).
5.
No more than two (2) unlicensed vehicles will be allowed onsite.
6.
The maximum number of non-resident employees onsite, in addition to the
residents of the site, shall be as determined by the Development Authority, but
shall at no time exceed four (4).
6.7.12
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Major Home-Based Business ............................................. Section 8.7.3
Bylaw 1804-13, as amended
Land Use Bylaw
Page 100 of 314
PART 6 - LAND USE DISTRICTS
Secondary Suite ................................................................. Section 8.5.1
Day Home Operation .......................................................... Section 8.1.1
Tent Structure .................................................................. Section 8.27.3
Limited Foster Home .......................................................... Section 8.3.1
Foster Home ...................................................................... Section 8.3.2
Limited Group Home .......................................................... Section 8.3.3
Support Home .................................................................... Section 8.3.6
Modular Housing ................................................................ Section 8.6.2
Residential Sales Centre .................................................... Section 8.6.3
Private Swimming Pool .................................................... Section 8.6.4.1
6.7.13
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Bylaw 1804-13, as amended
Land Use Bylaw
Page 101 of 314
PART 6 - LAND USE DISTRICTS
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 102 of 314
PART 6 - LAND USE DISTRICTS
6.8
RMH - Manufactured Home District Regulations
6.8.1
Purpose
1.
To establish a district which land is used for low-density residential development
wherein, manufactured home sites are provided on a rental basis for the
placement of manufactured homes.
6.8.2
Permitted Uses
1.
Manufactured Home Community
2.
Manufactured Home Site
3.
Manufactured Home
4.
Addition
5.
deleted as per Bylaw 1997-21
6.
Home Office
7.
Limited Foster Home
8.
Support Home
9.
Essential Utility Services
6.8.3
Discretionary Uses
1.
Carport
2.
Detached Garage
3.
Residential Sales Centre
4.
Minor Home-Based Business
5.
Day Home Operation
6.8.4
Minimum Lot Area
1.
Manufactured home community .............................................................. 2.0 ha
Bylaw 1804-13, as amended
Land Use Bylaw
Page 103 of 314
PART 6 - LAND USE DISTRICTS
2.
Manufactured home site within a manufactured home community ........ 488 m2
3.
All other uses .......................... to the satisfaction of the Development Authority
6.8.5
Minimum Manufactured Home Site Width
1.
Single wide ............................................................................................. 12.2 m
2.
Double wide ........................................................................................... 15.0 m
6.8.6
Minimum Manufactured Home Site Depth
1.
Single wide ......................................................................................... 40.0 m
2.
Double wide ....................................................................................... 35.0 m
6.8.7
Maximum Manufactured Home Site Coverage
1.
Manufactured home, additions, enclosed porches ..................................... 30%
2.
Garage and accessory buildings combined area ....................................... 14%
6.8.8
Minimum Front Yard Setback (from approved site boundary)
1.
Manufactured home, additions, enclosed porches .................................... 6.1 m
2.
Garage and accessory building .............................................................. 12.2 m
6.8.9
Minimum Side Yard Setback (from approved site boundary)
1.
Manufactured home .................................................................................. 1.5 m
2.
Addition and/or porch ................................................................................ 3.0 m
3.
Detached garage and accessory buildings ............................................... 1.0 m
a.
where abutting a street ...................................................................... 3.0 m
4.
Attached garage ....................................................................................... 2.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 104 of 314
PART 6 - LAND USE DISTRICTS
6.8.10
Minimum Rear Yard Setback (from approved site boundary)
1.
Manufactured home .................................................................................. 4.5 m
2.
Addition and/or porch ................................................................................ 4.5 m
3.
Detached garage and accessory buildings ............................................... 1.0 m
6.8.11
Maximum Building Height
1.
Manufactured home, additions, enclosed porches .................................... 4.8 m
2.
Detached garage and accessory buildings .......................................... 4.0 m
3.
Side walls ............................................................................................. 2.5 m
6.8.12
Manufactured Home Community Regulations
1.
Each manufactured home site in a manufactured home community shall be
clearly marked off by permanent markers at each lot corner to the satisfaction
of the Development Authority.
2.
At least 10% of the gross site area of the manufactured home community shall
be devoted to an outdoor communal amenity area and recreational uses and
shall be provided in a convenient and accessible location.
3.
In a manufactured home community, adequate common storage areas,
separate from the manufactured home site, shall be provided for the storage
of seasonal recreational equipment and other equipment not capable of
storage on the manufactured home site. Such storage areas shall be enclosed
or screened by trees, landscape features or fences.
4.
The undercarriage of each manufactured home shall be completely enclosed
from view by the foundation or other means that is a manufactured or similar
type to harmonize with the unit. This skirting shall permit the circulation of air
beneath the unit and be fastened to the unit and base in a manner satisfactory
to the Development Authority.
5.
Each manufactured home community lot shall provide a hard-surfaced, durable
base on which the manufactured home shall be placed.
6.
All front streets in a manufactured home community shall be a minimum of
11.0 m in width, be hard-surfaced, well drained, and maintained. The
manufactured homes and all community facilities in a manufactured home
Bylaw 1804-13, as amended
Land Use Bylaw
Page 105 of 314
PART 6 - LAND USE DISTRICTS
community shall be connected by a safe, convenient, hard-surfaced pedestrian
walkway, which shall be at least 1.0 m in width.
7.
All manufactured homes sites created after the effective date of this Bylaw shall
have access to a 7.0 m wide rear lane constructed to the design standards
8.
All manufactured home communities shall have a servicing plan, storm water
management plan and site-grading plan, approved by the Development
Officer.
9.
All accessory structures such as steps, patios, porches, additions, skirting and
storage facilities shall be factory prefabricated units, or of equivalent quality,
so that design and construction will complement the manufactured home.
Additions to a manufactured home shall have a foundation and skirting
equivalent to that of the manufactured home.
10.
All detached garages shall:
a.
be bolted to permanent concrete slab foundations; and
b.
have an exterior finish of siding or stucco.
11.
All front parking stalls shall be paved and at least be of 7.5m in depth from the
back of the sidewalk.
6.8.13
Specific Use Regulations
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Day Home Operation .......................................................... Section 8.1.1
Limited Foster Home .......................................................... Section 8.3.1
Support Home .................................................................... Section 8.3.6
Residential Sales Centre .................................................... Section 8.6.3
6.8.14
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 106 of 314
PART 6 - LAND USE DISTRICTS
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Bylaw 1804-13, as amended
Land Use Bylaw
Page 107 of 314
PART 6 - LAND USE DISTRICTS
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 108 of 314
PART 6 - LAND USE DISTRICTS
6.9
Reserved for Future Use
Bylaw 1804-13, as amended
Land Use Bylaw
Page 109 of 314
PART 6 - LAND USE DISTRICTS
6.10
R2 - Low Density Residential District Regulations
6.10.1
Purpose
1.
To establish a district which is used primarily for low-density residential
development.
6.10.2
Permitted Uses
1.
Single Dwelling Building
2.
Duplex Housing, on one (1) title
3.
Semi-detached Housing, on separate titles
4.
deleted as per Bylaw 1997-21
5.
Carport
6.
Detached Garage
7.
Attached Garage
8.
Tent Structure (maximum 60 m2 in area)
9.
Home Office
10.
Limited Foster Home
11.
Foster Home
12.
Support Home
13.
Essential Utility Services
14.
Uses accessory to the above (decks, patios, hot tubs, swimming pools, etc.)
6.10.3
Discretionary Uses
1.
Secondary Suite, in single dwelling buildings only
2.
Modular Housing
3.
Residential Sales Centre
Bylaw 1804-13, as amended
Land Use Bylaw
Page 110 of 314
PART 6 - LAND USE DISTRICTS
4.
Minor Home-Based Business
5.
Major Home-Based Business
6.
Day Home Operation
7.
Garage Suite added as per Bylaw 1997-21
6.10.4
Maximum Site Coverage
1.
Residential building without an attached garage .................................... 26%
2.
Residential building with an attached garage ......................................... 38%
3.
Attached and detached garage total ....................................................... 14%
4.
Total site coverage, excluding deck ........................................................ 40%
5.
Total site coverage, including open deck ................................................ 50%
6.10.5
Minimum Front Yard Setback
1.
Principal building .................................................................................. 6.1 m
2.
Detached garage ................................................................................ 20.0 m
3.
Deck ..................................................................................................... 5.0 m
6.10.6
Minimum Rear Yard Setback
1.
Residential building
a.
with a front attached garage .......................................................... 6.0 m
b.
without an attached garage ......................................................... 13.0 m
2.
Deck ..................................................................................................... 4.0 m
3.
Garage, rear entry ................................................................................ 5.5 m
4.
Detached garage with side entry .......................................................... 1.0 m
5.
Open carport ........................................................................................ 3.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 111 of 314
PART 6 - LAND USE DISTRICTS
6.
Accessory building, other than detached garage .................................. 1.0 m
6.10.7
Minimum Side Yard Setback
1.
Single dwelling building
a.
with lane access ............................................................................ 1.5 m
b.
without lane access or front attached garage .......... 1.5 m one side and
............................................................................................... 3.0 m on other
2.
Semi-detached building
a. with lane access ............................... 1.5 m one side, party wall on other
b. without lane access or
a front attached garage ............. 3.0 m one side, party wall on the other
3.
Duplex building
a.
with lane access ............................................................................ 1.5 m
b.
without lane access or front attached garages .......... 3.0 m on each side
c.
without lane access, with front attached garages .......................... 1.5 m
4.
Detached garage, carports, and accessory buildings
a.
less than 2.7 m wall height ............................................................ 1.0 m
b.
wall height 2.7 m or greater ........................................................... 1.5 m
5.
Deck
a.
> 0.5 m and <1.0 m above grade.................................................... 0.6m
b.
1.0 m or > above grade ................................................................. 1.5 m
6.
Eaves ................................................................................................... 0.9 m
6.10.8
Maximum Building Height
1.
Principal building ................................................................................ 10.0 m
2.
Detached garage, carports ................................................................... 4.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 112 of 314
PART 6 - LAND USE DISTRICTS
3.
Accessory Building ............................................................................... 3.0 m
4.
Antenna structures ............................................................................... 8.0 m
6.10.9
Minimum floor area
1.
Single dwelling building, excluding attached garage ................................ 75 m2
2.
Duplex unit, or semi-detached unit ........................................................... 75 m2
6.10.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Major Home-Based Business ............................................. Section 8.7.3
Day Home Operation .......................................................... Section 8.1.1
Tent Structures ................................................................. Section 8.27.3
Limited Foster Home .......................................................... Section 8.3.1
Foster Home ...................................................................... Section 8.3.2
Support Home .................................................................... Section 8.3.6
Secondary Suite ................................................................. Section 8.5.1
Modular Housing ................................................................ Section 8.6.2
Residential Sales Centre .................................................... Section 8.6.3
Private Swimming Pool .................................................... Section 8.6.4.1
6.10.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 113 of 314
PART 6 - LAND USE DISTRICTS
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Bylaw 1804-13, as amended
Land Use Bylaw
Page 114 of 314
PART 6 - LAND USE DISTRICTS
Land Subdivision Considerations .................................................. Part 9
6.11
R3 - Medium Density Residential District Regulations
6.11.1
Purpose
1.
To establish a district which land is used primarily for medium density
residential development.
6.11.2
Permitted Uses
1.
Townhome
2.
Duplex Housing, on one (1) title
3.
Semi-detached Housing, on separate titles
4.
Apartment Building
5.
Triplex Housing
6.
Fourplex Housing
7.
deleted as per Bylaw 1997-21
8.
Carport
9.
Detached Garage
10.
Attached Garage
11.
Tent Structure (maximum 60 m2 in area)
12.
Secondary Suite, within an approved single dwelling building
13.
Home Office
14.
Limited Foster Home
15.
Foster Home
16.
Support Home
17.
Essential Utility Services
18.
Uses accessory to the above (decks, patios, hot tubs, swimming pools, etc.)
Bylaw 1804-13, as amended
Land Use Bylaw
Page 115 of 314
PART 6 - LAND USE DISTRICTS
19.
Seniors and Supportive Housing Facility
6.11.3
Discretionary Uses
1.
Single Dwelling Building
2.
Modular Housing
3.
Boarding and Lodging House
4.
Residential Sales Centre
5.
Minor Home-Based Business, within an approved single dwelling building
6.
Major Home-Based Business, within an approved single dwelling building
7.
Bed and Breakfast Facility, within an approved single dwelling building
8.
Limited Group Home
9.
Group Home
10.
Day Home Operation
11.
Garage Suite added as per Bylaw 1997-21
6.11.4
Maximum Site Coverage
1.
Residential building, without attached parking ........................................ 35%
2.
Residential building, combined with parking lot area .............................. 70%
3.
Residential building, with all underground parking
and/or attached garages ........................................................................ 50%
4.
Detached garage, or carport parking total .............................................. 20%
6.11.5
Maximum Site Density Ratio
1.
Apartments ......................................................................... 95 units / hectare
2.
Fourplex, triplex.................................................................. 95 units / hectare
3.
Townhomes ....................................................................... 45 units / hectare
Bylaw 1804-13, as amended
Land Use Bylaw
Page 116 of 314
PART 6 - LAND USE DISTRICTS
6.11.6
Minimum Front Yard Setback
1.
Principal building .................................................................................. 6.1 m
2.
Detached garage, accessory building ................................................. 20.0 m
6.11.7
Minimum Rear Yard Setback
1.
Residential building
a.
with a front attached garage .......................................................... 6.0 m
b.
without an attached garage ......................................................... 13.0 m
2.
Deck ..................................................................................................... 4.0 m
3.
Detached garage
a.
rear entry ...................................................................................... 5.5 m
b.
side entry ...................................................................................... 1.0 m
4.
Open carports ...................................................................................... 3.0 m
5.
Accessory building, other than detached garage .................................. 1.0 m
6.11.8
Minimum Side Yard Setback
1.
Single dwelling building
a.
with lane access ............................................................................ 1.5 m
b.
without lane access or front attached garage .......... 1.5 m one side and
............................................................................................... 3.0 m on other
2.
Semi-detached building
a.
with lane access ....................................................... 1.5 m one side and
.................................................................................. party wall on other
b.
without lane access, or a front attached garage ....... 3.0 m one side and
Bylaw 1804-13, as amended
Land Use Bylaw
Page 117 of 314
PART 6 - LAND USE DISTRICTS
............................................................................ party wall on the other
3.
Duplex Building
a.
with lane access ............................................................................ 1.5 m
b.
without lane access or front attached garages ......... 3.0 m on each side
c.
without lane access, with front attached garages .......................... 1.5 m
4.
Townhomes
a.
internal units joined by party wall or fire wall .................. at property line
b.
end units \ end wall ...... 10% of total site width, with a minimum of 2.1m
c.
end units \ corner lots .................................................................... 3.0 m
5.
Apartments, triplexes, fourplexes
a.
10% of Site width with a minimum of ............................................ 3.0 m
b.
Decks
i. > 0.5 m and <1.0 m above grade ............................................ 0.6 m
ii. 1.0 m or > above grade ........................................................... 1.5 m
c.
Balconies ....................................................................................... 2.4m
d.
Detached garages, carports, and accessory buildings ................... 1.5 m
6.11.9
Maximum Building Height
1.
Principal building ................................................................................ 10.0 m
2.
Detached garage, carport ..................................................................... 4.0 m
3.
Accessory building ............................................................................... 3.0 m
4.
Antenna structures ............................................................................... 8.0 m
6.11.10
Minimum floor area
1.
Single dwelling building, excluding attached garage ................................ 75 m2
Bylaw 1804-13, as amended
Land Use Bylaw
Page 118 of 314
PART 6 - LAND USE DISTRICTS
2.
Duplex unit, or semi-detached unit ........................................................... 75 m2
3.
Apartment units ........................................................................................ 45 m2
4.
All other building styles ............................................................................ 60 m2
6.11.11
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Major Home-Based Business ............................................. Section 8.7.3
Bed and Breakfast Facility .................................................. Section 8.7.4
Day Home Operation .......................................................... Section 8.1.1
Tent Structure .................................................................. Section 8.27.3
Boarding and Lodging House ................................................ Section 8.2
Limited Foster Home .......................................................... Section 8.3.1
Foster Home ...................................................................... Section 8.3.2
Group Home ....................................................................... Section 8.3.4
Support Home .................................................................... Section 8.3.6
Secondary Suite ................................................................. Section 8.5.1
Modular Housing ................................................................ Section 8.6.2
Residential Sales Centre .................................................... Section 8.6.3
Apartment Building ............................................................. Section 8.5.4
Private Swimming Pool .................................................... Section 8.6.4.1
Bylaw 1804-13, as amended
Land Use Bylaw
Page 119 of 314
PART 6 - LAND USE DISTRICTS
6.11.12
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Bylaw 1804-13, as amended
Land Use Bylaw
Page 120 of 314
PART 6 - LAND USE DISTRICTS
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 121 of 314
PART 6 - LAND USE DISTRICTS
6.12
R4 - High Density Residential District Regulations
6.12.1
Purpose
1.
To establish a district in which land is used primarily for maximum density
residential development.
6.12.2
Permitted Uses
1.
Townhomes
2.
Apartment Building
3.
Fourplex Housing
4.
deleted as per Bylaw 1997-21
5.
Carport
6.
Detached Garage
7.
Tent Structure (maximum 60 m2 in area)
8.
Limited Foster home
9.
Foster Home
10.
Support Home
11.
Home Office
12.
Seniors and Supportive Housing Facility
6.12.3
Discretionary Uses
1.
Duplex Housing
2.
Semi-detached Housing
3.
Triplex Housing
4.
Boarding and Lodging House
5.
Semi-Detached Garage
Bylaw 1804-13, as amended
Land Use Bylaw
Page 122 of 314
PART 6 - LAND USE DISTRICTS
6.
Residential Sales Centre
7.
Minor Home-Based Business, within an approved single dwelling building
8.
Major Home-Based Business, within an approved single dwelling building
9.
Limited Group Home
10.
Group Home
11.
Institutional Group Home
12.
Essential Utility Services
6.12.4
Maximum Site Coverage
1.
Residential building, without in building parking ......................................... 50%
2.
Residential building, combined with exterior parking.................................. 70%
3.
Residential building, with in building parking ......................................... 60%
4.
Detached garage or carport parking total ............................................... 20%
5.
Accessory building ............................................................................... 40 m2
6.12.5
Minimum Front Yard Setback
1.
Principal building .................................................................................. 5.0 m
2.
Door access to in building parking ......................................................... 6.1m
3.
Decks and/or balconies ........................................................................ 3.5 m
4.
Detached garage, carport, and accessory building ............................. 20.0 m
6.12.6
Minimum Rear Yard Setback
1.
Residential building
a.
with a front attached garage .......................................................... 6.0 m
b.
without an attached garage ......................................................... 13.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 123 of 314
PART 6 - LAND USE DISTRICTS
2.
Deck, with balcony ............................................................................... 5.0 m
3.
Garage, rear entry ................................................................................ 5.5 m
4.
Open carport ........................................................................................ 3.0 m
5.
Accessory building, other than detached garage .................................. 1.5 m
6.12.7
Minimum Side Yard Setback
1.
Semi-detached building
a.
with lane access ............................... 1.5 m one side, party wall on other
b.
without lane access or a front attached garage ........ 3.0 m one side and
............................................................................ party wall on the other
2.
Duplex Building
a.
with lane access ............................................................................ 1.5 m
b.
without lane access, or front attached garages ........ 3.0 m on each side
c.
without lane access, with front attached garages .......................... 1.5 m
3.
Townhomes
a.
internal units joined by party wall or fire wall ................... at property line
b.
end units \ end wall ................. 10% of total site width minimum of 2.1m
4.
Apartments, triplexes, fourplexes
a.
10% of Site width with a minimum of ............................................ 3.0 m
5.
Decks
a.
> 0.5 m .0 and <1.0 m above grade ............................................... 0.6 m
b.
1.0 m or > above grade ................................................................. 1.5 m
6.
Balconies .............................................................................................. 2.4m
7.
Detached garage, carport, and accessory building ............................... 1.5 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 124 of 314
PART 6 - LAND USE DISTRICTS
6.12.8
Maximum Building Height
1.
Apartments, group care facilities ........................................................ 20.0 m
2.
All other residential building styles ..................................................... 13.5 m
3.
Garage, accessory building, carport ..................................................... 4.0 m
6.12.9
Minimum floor area
1.
Duplex unit, or semi-detached unit ........................................................... 75 m2
2.
Apartment Unit ......................................................................................... 40 m2
3.
Units in all other building styles ................................................................ 60 m2
6.12.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Major Home-Based Business ............................................. Section 8.7.3
Bed And Breakfast Facility ................................................. Section 8.7.4
Day Home Operation .......................................................... Section 8.1.1
Tent Structure .................................................................. Section 8.27.3
Limited Foster Home .......................................................... Section 8.3.1
Support Home .................................................................... Section 8.3.6
Modular Housing ................................................................ Section 8.6.2
Apartment Building ............................................................. Section 8.5.4
Bylaw 1804-13, as amended
Land Use Bylaw
Page 125 of 314
PART 6 - LAND USE DISTRICTS
6.12.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Bylaw 1804-13, as amended
Land Use Bylaw
Page 126 of 314
PART 6 - LAND USE DISTRICTS
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 127 of 314
PART 6 - LAND USE DISTRICTS
6.13
R5 - Condominium Residential District Regulations
6.13.1
Purpose
1.
To establish a district in which a large parcel of land is the location of numerous
different housing complexes. The entire project shall be planned prior to the
issuance of any permits being issued using standard planning practices and
be approved by the City's Development Authority prior to the issuance of any
permits.
6.13.2
Permitted Uses
1.
Single Dwelling Building
2.
Duplex Housing
3.
Triplex Housing
4.
Fourplex Housing
5.
deleted as per Bylaw 1997-21
6.
Carport
7.
Attached Garage
8.
Home Office
9.
Internal Roadway Systems
10.
Essential Utility Services
11.
Uses accessory to the above (decks, patios, hot tubs, swimming pools, etc.)
12.
Decks
6.13.3
Discretionary Uses
1.
Townhome
2.
Apartment Building
3.
Community Recreation Service
Bylaw 1804-13, as amended
Land Use Bylaw
Page 128 of 314
PART 6 - LAND USE DISTRICTS
4.
Detached Garage
5.
Residential Sales Centre
6.
Minor Home-Based Business
7.
Major Home-Based Business
8.
Oversize Detached Garage
9.
Storage Compounds
10.
Storm Water Retention Facilities
6.13.4
Maximum Site Coverage
1.
Residential building .................................................................................... 40%
2.
Community building ................................................................................... 10%
3.
Detached garage, carport ....................................................................... 10%
4.
Accessory building ............................................................................... 40 m2
6.13.5
Minimum Building Setback
1.
No building shall be placed within 6.0 m of any parcel boundary.
2.
No building shall be placed within 6.0 m of any internal roadways, which serve
more than seven (7) dwelling units measured perpendicular from the backside
of sidewalks where sidewalks exit or the backside of curbs where sidewalks do
not exist.
3.
No residential building shall be placed within 3.1 m of any other building or
greater if required by the Alberta Building Code.
6.13.6
Maximum Building Height
1.
Residential building ............................................................................ 13.5 m
2.
Detached garage, carport ..................................................................... 4.0 m
3.
Community building .............................................................................. 6.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 129 of 314
PART 6 - LAND USE DISTRICTS
4.
Accessory building ............................................................................... 3.7 m
5.
Antenna structures ............................................................................... 8.0 m
6.13.7
Minimum floor area
1.
Apartment units ........................................................................................ 45 m2
2.
All other dwelling units ............................................................................ 75 m2
6.13.8
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Home Office ....................................................................... Section 8.7.1
Minor Home-Based Business ............................................. Section 8.7.2
Major Home-Based Business ............................................. Section 8.7.3
Modular Housing ................................................................ Section 8.6.2
Residential Sales Centre .................................................... Section 8.6.3
Apartment Building ............................................................. Section 8.5.4
Private Swimming Pool .................................................... Section 8.6.4.1
6.13.9
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Bylaw 1804-13, as amended
Land Use Bylaw
Page 130 of 314
PART 6 - LAND USE DISTRICTS
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 131 of 314
PART 6 - LAND USE DISTRICTS
6.14
PUD - Planned Unit Development Direct Control District Regulations
6.14.1
Purpose
1.
To establish a District wherein the Council of the City of Wetaskiwin may
regulate and exercise particular control over the use and development of land
and buildings within a designated area. More specifically, the intent of this
District is to provide an area for comprehensively planned and designed
development creating a unique, integrated, and high quality urban
environment, which is compatible with surrounding development, but which
could not be accommodated under any other Land Use District in this Bylaw.
6.14.2
Application
1.
This District shall only be applied to a site, which is one (1) acre or more in
extent, and which is owned, leased, or controlled by a single person, agent, or
corporation at the time the initial development proposal and application for
redistricting is submitted.
2.
This district will only be designated after a detailed site design has been
submitted which:
a.
adheres to the purpose of the district;
b.
could not be enabled through any other Land Use District;
c.
complies with any approved Statutory Plan; and
d.
complies with the uses and development criteria specified in this District.
3.
Where this District is applied, Council shall regulate and control the use and
development of land or buildings through a development agreement between
the applicant and the City. The development agreement for the entire site must
be executed prior to the issuance of any development permit, and it shall detail
all regulations and conditions imposed by Council upon the development and
use of land at the time of redistricting.
4.
If the development proposal upon which the designation of this District is based
involves subdivision, a proposed plan of subdivision shall be included in the
development agreement as the basis for future subdivision. The Planning
Commission shall not generally approve any subdivision under this District,
which does not generally conform to the provisions of the agreement, except
Bylaw 1804-13, as amended
Land Use Bylaw
Page 132 of 314
PART 6 - LAND USE DISTRICTS
for the purpose of effecting the staging or financing of the development
proposal and provided that its form and integrity are not affected.
5.
If development permits are not issued within the time periods specified in the
development agreement or if the permits issued within the specified periods
subsequently lapse because a building permit is not issued, is cancelled or
construction activity is not maintained, the agreement between the applicant
and the City shall be null and void for that portion of the site without a valid
development permit and the land use designation for that portion shall
automatically revert to the land use designation in place prior to the application
of this District unless Council, by Bylaw, extends the application of this District
for that part of the site for a specified further period.
6.14.3
Development Criteria
1.
Council may, through the development agreement required in this District,
specify any development regulation, criteria, or condition necessary to ensure
development conforms to the development proposal upon which this
designation is based.
2.
In determining the acceptability of a development proposal under this District,
Council may consider, among other matters, the following:
a.
its relationship and compliance with the General Municipal Plan and other
applicable Statutory Plans;
b.
its compliance with or conformity to the regulations of surrounding Land
Use Districts and the General Regulations and Special Land Use
Provisions of this Bylaw;
c.
its compatibility with surrounding existing land uses, scale of development,
and potential effect on stability, retention, and rehabilitation of desirable
existing uses and/or buildings in the area;
d.
its traffic impact;
e.
the location, function and design of roadways, parking facilities, pedestrian
circulation and transit systems serving the whole proposed development,
or each phase of the proposed development;
f.
its impact on services such as water and sewage systems and other
utilities;
g.
its impact on community services including student generation and school
capacities;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 133 of 314
PART 6 - LAND USE DISTRICTS
h.
its relationship to municipal land, right-of-way, or easement requirements;
i.
its impact on natural drainage patterns, vegetative cover, energy
conservation, and efficiency;
j.
the provision and quality of landscaped open space and recreational
amenities, including children's play space or other communal recreation
space;
k.
its responsiveness to the documented concerns and opinions of area
residents and owners;
l.
the arrangements for the ongoing maintenance of communal open spaces,
recreational facilities and land which is not to be conveyed to the City; and
m. the need for restrictive covenants or development agreement provisions
to maintain the design integrity of the project and control any future
additions, accessory buildings, or renovations.
6.14.4
Information Requirements
1.
The applicant may be requested to supply information related to potential
impacts of development including regard to the following impact criteria:
a.
compatibility with surrounding development in terms of scale and density
of development;
b.
traffic impacts;
c.
relationship to, or impacts on, services such as water and sewage
systems and other utilities, and
d.
public services such as recreational and school facilities.
6.14.5
Parking and Loading
1.
As regulated under Section 7.4 of this Bylaw.
6.14.6
Signs
1.
As regulated under Section 7.6 of this Bylaw.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 134 of 314
PART 6 - LAND USE DISTRICTS
6.14.7
Landscaping and Screening
1.
To the satisfaction of the Development Authority.
6.14.8
Specific Use Regulations
1.
Regulations pertaining to specific uses are as follows:
Home Office ....................................................................... Section 8.7.1
Minor Home Based-Business ............................................. Section 8.7.2
Major Home Based-Business ............................................. Section 8.7.3
Private Swimming Pool .................................................... Section 8.6.4.1
Utility installations to the satisfaction of the Development Authority
regarding aspects of safety and building aesthetics.
6.14.9
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Bylaw 1804-13, as amended
Land Use Bylaw
Page 135 of 314
PART 6 - LAND USE DISTRICTS
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 136 of 314
PART 6 - LAND USE DISTRICTS
6.15
C1 - Downtown Commercial District Regulations
6.15.1
Purpose
1.
To establish a central business district in which land is used for commercial
service, entertainment services and retail development which does not require
large tracts of land for efficient operation. In addition, this district will
accommodate traditional civic development which functions as a central focus
of the downtown and downtown living with mixed uses.
6.15.2
Permitted Uses
1.
Multi-tenant Commercial Building
2.
Single Tenant Commercial Building
3.
Office Building
4.
General Retail Store
5.
Licensed Restaurant
6.
Restaurant
7.
Outdoor Restaurant Patio, as an accessory to a Restaurant, Pub, Lounge,
Nightclub, or Bar for which a development permit has been issued amended as
per Bylaw 2019-22
8.
Antique Store
9.
Personal Service Business
10.
Professional, Financial, and Office Support Service
11.
Business Support Service
12.
Government Service
13.
Health Service
14.
Public Education Service
15.
Public Library and Cultural Exhibit
16.
Commercial School
Bylaw 1804-13, as amended
Land Use Bylaw
Page 137 of 314
PART 6 - LAND USE DISTRICTS
17.
Child Care Service
18.
Spectator Entertainment Establishment
19.
Minor Amusement Establishment
20.
Convenience Vehicle Rental
21.
Broadcasting and Motion Picture Studio
22.
Cannabis Retail added as per Bylaw 1914-18
23.
Sidewalk Patio added as per B
6.15.3
Discretionary Uses
1.
Booth Market
2.
Funeral and Cremation Service
3.
Second-hand Store
4.
Convenience Retail Store
5.
Pubs and Lounges
6.
Nightclubs and Bars
7.
deleted as per Bylaw 2019-22
8.
Limited Contractor Service
9.
Household Repair Service
10.
Major Amusement Establishment
11.
Carnival
12.
Mobile Catering Food Service
13.
Veterinary Service
14.
Religious Assembly
15.
Equipment Rentals
16.
Fleet Service
Bylaw 1804-13, as amended
Land Use Bylaw
Page 138 of 314
PART 6 - LAND USE DISTRICTS
17.
Indoor Participant Facility
18.
Limited Group Home
19.
Support Home
20.
Foster Home
21.
Mixed Use Residential Suites
24.
Hotel
25.
Motel
22.
Warehouse Sales
23.
Apartment Building
24.
Essential Utility Services
25.
deleted as per Bylaw 1997-21
6.15.4
District Overlays
1.
District Overlays may apply to portions of this zoning classification that will add
additional regulation to some of the properties within this classification. Refer to
Part 11 of this Bylaw for further information.
6.15.5
Maximum Lot Coverage
1.
Principal Building and accessory buildings ............................................. 90%
6.15.6
Minimum Front Yard Setback
1.
Principal Building ...................................................................................... 0.0 m
2.
Accessory Building ................................................................................. 25.0 m
3.
Hotel, Motel, and/or Apartment ................................................................. 3.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 139 of 314
PART 6 - LAND USE DISTRICTS
6.15.7
Minimum Side Yard Setback
1.
Determined by Alberta Building Code requirements based on construction type.
6.15.8
Minimum Rear Yard Setback
1.
Principal Building ...................................................................................... 6.0 m
2.
Accessory Building ................................................................................... 1.0 m
6.15.9
Maximum Building Height
1.
Principal Building ................................................................................ 20.0 m
2.
Accessory Building ................................................................................... 4.0 m
6.15.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Outdoor Restaurant Patio .................................................... Section 8.15
Child Care Service ............................................................. Section 8.1.2
Booth Market ....................................................................... Section 8.17
Secondhand Store ............................................................... Section 8.11
Nightclubs and Bars ......................................................... Section 8.14.2
Licensed Outdoor Patio ....................................................... Section 8.16
Liquor Store ......................................................................... Section 8.10
Carnival ............................................................................... Section 8.20
Adult Entertainment Facility ................................................. Section 8.13
Foster Home ...................................................................... Section 8.3.2
Limited Group Home .......................................................... Section 8.3.3
Group Home ....................................................................... Section 8.3.4
Bylaw 1804-13, as amended
Land Use Bylaw
Page 140 of 314
PART 6 - LAND USE DISTRICTS
Support Home .................................................................... Section 8.3.6
Mixed Use Residential Suites ............................................. Section 8.5.3
Cannabis Retail added as per Bylaw 1914-18 ............................. Section 8.33
6.15.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Bylaw 1804-13, as amended
Land Use Bylaw
Page 141 of 314
PART 6 - LAND USE DISTRICTS
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 142 of 314
PART 6 - LAND USE DISTRICTS
6.16
C2 - General Commercial District Regulations
6.16.1
Purpose
1.
To establish a district in which land is used for retail development which
requires larger than normal tracts of land for efficient operation.
6.16.2
Permitted Uses
1.
Multi-tenant Commercial Building
2.
Single Tenant Commercial Building
3.
General Retail Store
4.
General Contractor Service
5.
Household Repair Service
6.
Limited Contractor Service
7.
Automotive and Light Recreation Vehicle Sales/Rentals
8.
Convenience Vehicle Rentals
9.
Equipment Rentals
10.
Fleet Services
11.
Business Support Service
12.
Commercial School
13.
Personal Service Business
14.
Antique Store
15.
Public Library and Cultural Exhibit
16.
Public Education Service
17.
Indoor Participant Recreation Service
18.
Child Care Service
Bylaw 1804-13, as amended
Land Use Bylaw
Page 143 of 314
PART 6 - LAND USE DISTRICTS
19.
Government Service
20.
Warehouse Sales
21.
Minor Amusement Establishment
22.
Spectator Entertainment Establishment
23.
Mobile Catering Food Service
24.
Broadcasting and Motion Picture Studio
25.
Greenhouse and Plant Nursery
26.
Cannabis Retail added as per Bylaw 1914-18
27.
Outdoor Restaurant Patio, as an accessory to a Restaurant, Pub, Lounge,
Nightclub, or Bar for which a development permit has been issued. added as per
Bylaw 2019-22
28.
Sidewalk Patio added as per Bylaw 2019-22
6.16.3
Discretionary Uses
1.
Automotive and Equipment Repair Shops
2.
Truck and Factory Built Home Sales
3.
Convenience Retail Store
4.
Vehicle Oriented Uses
5.
Service Station
6.
Automotive and Equipment Repair Shop
7.
Second-hand Store
8.
Motel
9.
Hotel
10.
Restaurant
11.
deleted as per Bylaw 2019-22
12.
Pubs and Lounges
Bylaw 1804-13, as amended
Land Use Bylaw
Page 144 of 314
PART 6 - LAND USE DISTRICTS
13.
Casino and Other Gaming Establishment
14.
Liquor Store
15.
Health Service
16.
Booth Market
17.
Religious Assembly
18.
Funeral and Cremation Services
19.
Auctioneering Establishment
20.
Outdoor Amusement Establishment
21.
Recycling Depot
22.
Veterinary Service
23.
Major Amusement Establishment
24.
Mixed Use Residential Suites
25.
Limited Group Home
26.
Outdoor Storage Yard
27.
Essential Utility Services
28.
deleted as per Bylaw 1997-21
29.
Intermodal Container Storage added as per Bylaw 1922-19
6.16.4
District Overlays
1.
District Overlays may apply to portions of this zoning classification that will add
additional regulation to some of the properties within this classification. Refer
to Part 11 of this Bylaw for further information.
6.16.5
Maximum Lot Coverage
1.
Principal building and accessory buildings ............................................. 70%
Bylaw 1804-13, as amended
Land Use Bylaw
Page 145 of 314
PART 6 - LAND USE DISTRICTS
6.16.6
Minimum Front Yard Setback
1.
Vehicle oriented uses ......................................................................... 12.0 m
2.
All other uses \ principal building .......................................................... 0.0 m
3.
Accessory building ............................................................................. 25.0 m
4.
Hotel, Motel ........................................................................................... 3.0m
6.16.7
Minimum Side Yard Setback
1.
Determined by Alberta Building Code requirements based on construction
type.
6.16.8
Minimum Rear Yard Setback
1.
Principal Building .................................................................................. 6.0 m
2.
Accessory Building ............................................................................... 1.0 m
6.16.9
Maximum Building Height
1.
Principal Building ................................................................................ 13.5 m
2.
Accessory Building ............................................................................... 4.0 m
6.16.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Child Care Service ............................................................ Section 8.1.2
Greenhouse and Plant Nursery .......................................... Section 8.21
Automotive and Equipment Repair Shop ............................ Section 8.24
Service Station .................................................................... Section 8.26
Second-hand Store ............................................................. Section 8.11
Bylaw 1804-13, as amended
Land Use Bylaw
Page 146 of 314
PART 6 - LAND USE DISTRICTS
Outdoor Restaurant Patio ................................................... Section 8.15
Liquor Store ......................................................................... Section 8.10
Booth Market ....................................................................... Section 8.17
Auctioneering Establishment ............................................... Section 8.29
Outdoor Amusement Establishment .................................... Section 8.19
Mixed Use Residential Suites ............................................. Section 8.5.3
Limited Group Home ......................................................... Section 8.3.3
Intermodal Container Storage added as per Bylaw 1922-19 ..... Section 8.27.4
Cannabis Retail added as per Bylaw 1914-18 ............................. Section 8.33
6.16.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Bylaw 1804-13, as amended
Land Use Bylaw
Page 147 of 314
PART 6 - LAND USE DISTRICTS
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 148 of 314
PART 6 - LAND USE DISTRICTS
6.17
C3 - Highway Commercial District Regulations
6.17.1
Purpose
1.
To establish a district that encourages high quality business establishments
along the primary high traffic corridor through the community. The types of
businesses in the classification should provide services to motoring public,
visitors to the community, and to local and regional business clients.
6.17.2
Permitted Uses
1.
Multi-tenant Commercial Building
2.
Single Tenant Commercial Building
3.
Office Building
4.
Hotel
5.
Motel
6.
Automotive and Equipment Repair Shop
7.
Automotive and Light Recreation Vehicle Sales/Rentals
8.
Rapid Drive-through Vehicle Service
9.
Service Station
10.
Vehicle Oriented Uses
11.
Convenience Retail Store
12.
Convenience Vehicle Rentals
13.
Drive-in Food Service
14.
Restaurant
15.
Licensed Restaurant
16.
Outdoor Restaurant Patio, as an accessory to a Restaurant, Pub, Lounge,
Nightclub, or Bar for which a development permit has been issued. amended as per
Bylaw 2019-22
Bylaw 1804-13, as amended
Land Use Bylaw
Page 149 of 314
PART 6 - LAND USE DISTRICTS
17.
deleted as per Bylaw 2019-22
18.
Spectator Entertainment Establishment
19.
Indoor Participant Recreation Service
20.
Public Library and Cultural Exhibit
21.
Fleet Service
22.
Warehouse Sales
23.
General Retail Store
24.
Antique Store
25.
Business Support Service
26.
Professional, Financial, and Office Support Service
27.
Personal Service Business
28.
Cannabis Retail added as per Bylaw 1914-18
29.
Sidewalk Patio added as per Bylaw 2019-22
30.
Health Service added as per Bylaw 2103-26
6.17.3
Discretionary Uses
1.
Major Amusement Establishment
2.
Outdoor Amusement Establishment
3.
Booth Market
4.
Liquor Store
5.
Pubs and Lounges
6.
Nightclubs and Bars
7.
Adult Entertainment Facility
8.
Carnival
9.
Government Services
Bylaw 1804-13, as amended
Land Use Bylaw
Page 150 of 314
PART 6 - LAND USE DISTRICTS
10.
Mixed Use Residential Suites
11.
Truck and Factory Built Home Sales
12.
Small Animal Kennel added as per Bylaw 2098-25
13.
Essential Utility Services
14.
Intermodal Container Storage added as per Bylaw 1922-19
6.17.4
District Overlays
1.
District Overlays may apply to portions of this zoning classification that will add
additional regulation to some of the properties within this classification. Refer
to Part 11 of this Bylaw for further information.
6.17.5
Maximum Lot Coverage
1.
Principal Building .................................................................................... 60%
2.
All buildings and paved areas combined ................................................ 90%
6.17.6
Minimum Front Yard Setback
1.
Service Stations \ Vehicle oriented uses ................................................. 12.0 m
2.
All other uses .......................................................................................... 10.0 m
6.17.7
Minimum Side Yard Setback
1.
Internal lot ................................................................................................. 3.0 m
2.
Corner lot .................................................................................................. 6.0 m
3.
Internal and corner lots must also meet building code limiting distance
6.17.8
Minimum Rear Yard Setback
1.
All lots ....................................................................................................... 3.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 151 of 314
PART 6 - LAND USE DISTRICTS
6.17.9
Maximum Building Height
1.
Hotel \ Motel ............................................................................................... 20 m
2.
All other buildings.................................................................................... 13.5 m
6.17.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Automotive and Equipment Repair Shop ............................. Section 8.24
Rapid Drive-through Vehicle Service .................................. Section 8.26
Drive-in Food Service ......................................................... Section 8.26
Service Station ................................................................... Section 8.26
Outdoor Restaurant Patio ................................................... Section 8.15
Licensed Outdoor Patio ...................................................... Section 8.16
Booth Market ...................................................................... Section 8.17
Outdoor Amusement Establishment .................................... Section 8.19
Carnival .............................................................................. Section 8.20
Liquor Stores ....................................................................... Section 8.10
Adult Entertainment Facility ................................................ Section 8.13
Nightclubs and Bars ........................................................ Section 8.14.2
Mixed Use Residential Suites ............................................ Section 8.5.3
Intermodal Container Storage added as per Bylaw 1922-19 ..... Section 8.27.4
Cannabis Retail added as per Bylaw 1914-18 ............................. Section 8.33
6.17.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all properties:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 152 of 314
PART 6 - LAND USE DISTRICTS
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit ............................................... Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Bylaw 1804-13, as amended
Land Use Bylaw
Page 153 of 314
PART 6 - LAND USE DISTRICTS
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 154 of 314
PART 6 - LAND USE DISTRICTS
6.18
Reserved for Future Use
Bylaw 1804-13, as amended
Land Use Bylaw
Page 155 of 314
PART 6 - LAND USE DISTRICTS
6.19
C4 - Neighbourhood Commercial District Regulations
6.19.1
Purpose
1.
To establish a district in which land is used for local retail and service outlet
development, which provide for the sale of convenience goods and services near
residential areas.
6.19.2
Permitted Uses
1.
Multi-tenant Commercial Building
2.
Single Tenant Commercial Building
3.
Child Care Service
4.
Convenience Retail Store
5.
Mixed Use Residential Suites
6.
Essential Utility Services
7.
Outdoor Restaurant Patio, as an accessory to a Restaurant, Pub, Lounge,
Nightclub, or Bar for which a development permit has been issued. added as per
Bylaw 2019-22
8.
Sidewalk Patio added as per Bylaw 2019-22
6.19.3
Discretionary Uses
1.
Office Building
2.
Restaurant
3.
Professional, Financial, and Office Support Service
4.
Health Service
5.
Personal Service Business
6.
Pubs and Lounges
7.
Licensed Restaurant
Bylaw 1804-13, as amended
Land Use Bylaw
Page 156 of 314
PART 6 - LAND USE DISTRICTS
8.
Small Animal Hospital
6.19.4
Maximum Lot Coverage
1.
One (1) storey building ............................................................................... 50%
2.
Two (2) storey building ............................................................................... 45%
3.
Three (3) storey building or greater ............................................................ 35%
6.19.5
Minimum Front Yard Setback
1.
All buildings ............................................................................................. 12.0 m
6.19.6
Minimum Side Yard Setback
1.
One (1) storey building .............................................................................. 3.0 m
2.
Two (2) storey building .............................................................................. 4.0 m
3.
Three (3) storey building or greater ........................................................... 6.0 m
6.19.7
Minimum Rear Yard Setback
1.
One (1) storey building .............................................................................. 6.0 m
2.
Two (2) storey building .............................................................................. 6.0 m
3.
Three (3) storey building or greater ........................................................... 8.0 m
4.
Greater than three (3) storeys ................................................................. 10.0 m
6.19.8
Maximum Building Height
1.
To roof peak............................................................................................ 13.5 m
6.19.9
Appearance and Siting Requirements
1.
Sites to be designated as C4 Neighbourhood Commercial, shall be located on
at least one (1) arterial roadway.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 157 of 314
PART 6 - LAND USE DISTRICTS
2.
The siting and appearance of all buildings or improvements and the
landscaping of the lot shall be cohesive with residential properties in order that
there shall be general conformity with adjacent buildings and that there may be
adequate protection afforded to the amenities of the adjacent buildings.
6.19.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Child Care Services ................................................................ Section 8.1.2
Mixed Use Residential Suites ................................................. Section 8.5.3
Pubs and Lounges ................................................................ Section 8.14.1
6.19.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Bylaw 1804-13, as amended
Land Use Bylaw
Page 158 of 314
PART 6 - LAND USE DISTRICTS
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 159 of 314
PART 6 - LAND USE DISTRICTS
6.20
C5 - Shopping Centre Commercial District Regulations
6.20.1
Purpose
1.
To establish a district in which land is used for shopping centre development
which is intended to serve the community, regional trade area and visitors to
the community.
6.20.2
Permitted Uses
1.
Multi-tenant Commercial Building
2.
Single Tenant Commercial Building
3.
Office Building
4.
General Retail Store
5.
Warehouse Sales
6.
Antique Store
7.
Personal Service Business
8.
Restaurant
9.
Outdoor Restaurant Patio, as an accessory to a Restaurant, pub, Lounge,
Nightclub, or Bar for which a development permit has been issued. amended as
per Bylaw 2019-22
10.
Licensed Restaurant
11.
Deleted as per Bylaw 2019-22
12.
Drive-in Food Service
13.
Professional, Financial, and Office Support Service
14.
Business Support Service
15.
Vehicle Oriented Uses
16.
Convenience Vehicle Rentals
17.
Convenience Retail Store
Bylaw 1804-13, as amended
Land Use Bylaw
Page 160 of 314
PART 6 - LAND USE DISTRICTS
18.
Booth Market
19.
Hotel
20.
Motel
21.
Broadcasting and Motion Picture Studio
22.
Commercial School
23.
Public Education Service
24.
Government Service
25.
Child Care Service
26.
Public Library and Cultural Exhibit
27.
Health Service
28.
Indoor Participant Recreation Service
29.
Minor Amusement Establishment
30.
Spectator Entertainment Establishment
31.
Liquor Stores
32.
Cannabis Retail added as per Bylaw 1914-18
33.
Sidewalk Patio added as per Bylaw 2019-22
6.20.3
Discretionary Uses
1.
Outdoor Amusement Establishment
2.
Major Amusement Establishment
3.
Casino and Other Gaming Establishment
4.
Carnival
5.
Pubs and Lounges
6.
deleted as per Bylaw 1856-15
7.
Funeral and Cremation Service
Bylaw 1804-13, as amended
Land Use Bylaw
Page 161 of 314
PART 6 - LAND USE DISTRICTS
8.
Fleet Services
9.
Automotive and Equipment Repair Shop
10.
Household Repair Service
11.
Mixed Use Residential Suites
12.
Essential Utility Services
13.
Small Animal Hospital
14.
Intermodal Container Storage added as per Bylaw 1922-19
15.
Mini Storage Facility added as per Bylaw 2040-23
6.20.4
District Overlays
1.
District Overlays may apply to portions of this zoning classification that will add
additional regulation to some of the properties within this classification. Refer
to Part 11 of this Bylaw for further information.
6.20.5
Restrictive Covenants
1.
Some properties within the zoning classification have Restrictive Covenants
and Caveats registered on the title of the property that restrict uses and are
more restrictive than these regulations. The City does not monitor or regulate
these restrictive covenants or caveats. This right and responsibility is regulated
and monitored by the documents registered on the title and the rights within
the registered documents. Applicants are hereby advised to be aware of these
registered documents.
6.20.6
Maximum Lot Coverage
1.
Commercial Building .............................................................................. 40%
2.
All Buildings and parking lots.................................................................. 95%
6.20.7
Minimum Front Yard Setback
1.
Service stations \ vehicle oriented uses ................................................. 12.0 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 162 of 314
PART 6 - LAND USE DISTRICTS
2.
All other buildings ................................................................................. 4.0 m
6.20.8
Minimum Side Yard Setback
1.
Internal property boundaries ................................................................ 4.0 m
6.20.9
Minimum Rear Yard Setback
1.
Internal property boundaries ................................................................ 4.0 m
2.
Adjacent to public property ................................................................... 6.0 m
6.20.10
Maximum Building Height
1.
Hotel \ Motel ............................................................................................ 20.0 m
2.
All other buildings.................................................................................... 13.5 m
6.20.11
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Outdoor Restaurant Patio ................................................... Section 8.15
Licensed Outdoor Patio ...................................................... Section 8.16
Booth Market ...................................................................... Section 8.17
Drive-in Food Service ......................................................... Section 8.26
Child Care Service ............................................................ Section 8.1.2
Outdoor Amusement Establishment .................................... Section 8.19
Carnival .............................................................................. Section 8.20
Liquor Store ........................................................................ Section 8.10
Automotive and Equipment Repair Shops .......................... Section 8.24
Mixed Use Residential Suites ............................................ Section 8.5.3
Bylaw 1804-13, as amended
Land Use Bylaw
Page 163 of 314
PART 6 - LAND USE DISTRICTS
Intermodal Container Storage added as per Bylaw 1922-14 ..... Section 8.27.4
Cannabis Retail added as per Bylaw 1914-18 ............................. Section 8.33
Mini Storage Facility added as per Bylaw 2040-23 ....................Section 8.30
6.20.12
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all residential properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Bylaw 1804-13, as amended
Land Use Bylaw
Page 164 of 314
PART 6 - LAND USE DISTRICTS
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 165 of 314
PART 6 - LAND USE DISTRICTS
6.21
DDO - Downtown District Overlay
6.21.1
Purpose
1.
To provide specific district regulations for the downtown core to cultivate a
dynamic environment for business and residents while creating a gathering
place for the community. This district will take advantage of the historical
character of the downtown core while encouraging development that does not
require large tracts of land.
6.21.2
Permitted Uses
1.
Multi-tenant Commercial Building
2.
Single Tenant Commercial Building
3.
Office Building
4.
General Retail Store
5.
Licensed Restaurant
6.
Restaurant
7.
Outdoor Restaurant Patio, as an accessory to a Restaurant, Pub, Lounge,
Nightclub, or Bar for which a development permit has been issued. amended as
per Bylaw 2019-22
8.
Antique Shop
9.
Personal Service Business
10.
Professional, Financial, and Office Support Service
11.
Business Support Service
12.
Government Service
13.
Health Service
14.
Public Education Service
15.
Public Library and Cultural Exhibit
16.
Spectator Entertainment Establishment
Bylaw 1804-13, as amended
Land Use Bylaw
Page 166 of 314
PART 6 - LAND USE DISTRICTS
17.
Minor Amusement Establishment
18.
Cannabis Retail added as per Bylaw 1914-18
19.
Religious Assembly added as per Bylaw 1944-20
20.
Sidewalk Patio added as per Bylaw 2019-22
21.
Child Care Services added as per Bylaw 2053-24
6.21.3
Discretionary Uses
1.
Booth Market
2.
Commercial School
3.
Second-hand Store
4.
Convenience Retail Store
5.
Pubs and Lounges
6.
Nightclubs and Bars
7.
deleted as per Bylaw 2019-22
8.
Household Repair Service
9.
Carnival
10.
Mobile Catering Food Service
11.
Broadcasting and Motion Picture Studio
12.
Indoor Participant Recreation Service
13.
Limited Group Home
14.
Support Home
15.
Foster Home
16.
Mixed Use Residential Suites
17.
Hotel
18.
Essential Utility Service
Bylaw 1804-13, as amended
Land Use Bylaw
Page 167 of 314
PART 6 - LAND USE DISTRICTS
19.
Liquor Store
6.21.4
Maximum Lot Coverage
1.
Principal building .................................................................................... 90%
6.21.5
Minimum Front Yard Setback
1.
Principal Building ...................................................................................... 0.0 m
2.
Hotel ......................................................................................................... 3.0 m
6.21.6
Minimum Side Yard Setback
1.
Determined by Alberta Building Code requirements based on construction type.
6.21.7
Minimum Rear Yard Setback
1.
Principal Building ...................................................................................... 6.0 m
6.21.8
Maximum Building Height
1.
Accessory Building ................................................................................... 4.0 m
6.21.9
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Outdoor Restaurant Patio ................................................... Section 8.15
Child Care Service ............................................................ Section 8.1.2
Booth Market ....................................................................... Section 8.17
Secondhand Store ............................................................... Section 8.11
Nightclubs and Bars ........................................................ Section 8.14.2
Licensed Outdoor Patio ...................................................... Section 8.16
Bylaw 1804-13, as amended
Land Use Bylaw
Page 168 of 314
PART 6 - LAND USE DISTRICTS
Carnival .............................................................................. Section 8.20
Foster Home ..................................................................... Section 8.3.2
Limited Group Home ......................................................... Section 8.3.3
Group Home ...................................................................... Section 8.3.4
Support Home ................................................................... Section 8.3.6
Mixed Use Residential Suites ............................................ Section 8.5.3
Cannabis Retail added as per Bylaw 1914-18 ............................. Section 8.33
2.
That the specific use regulations regarding Liquor Stores only for the
Downtown District Overlay Area are as follows:
a. A liquor store shall be located outside of a 76.0 m radius from:
i.
the nearest residential district
ii. any existing religious assembly
iii. any existing private and public school
iv. any existing day are facility
v. any existing community hall, or
vi. any existing park
3.
That any residential uses only be considered as secondary to the primary use
and be above the first storey including:
a. Foster Home
b. Limited Group Home
c. Group Home
d. Support Home
e. Mixed Use Residential Suites
Bylaw 1804-13, as amended
Land Use Bylaw
Page 169 of 314
PART 6 - LAND USE DISTRICTS
6.21.10
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Bylaw 1804-13, as amended
Land Use Bylaw
Page 170 of 314
PART 6 - LAND USE DISTRICTS
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Cannabis Retail added as per Bylaw 1914-18 ............................. Section 8.33
Land Subdivision Considerations .................................................. Part 9
6.21.11
Overlay Area
1.
Only properties abutting 50 Avenue from 53 Street to 48 Street shall be
included in the Downtown District Overlay Area as shown on the following
map.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 171 of 314
PART 6 - LAND USE DISTRICTS
6.22 M1 - Light Industrial District Regulation
6.22.1
Purpose
1.
The primary purpose of this zoning classification is to provide for high quality,
light industrial developments that operate in such a manner that no nuisance
factor is created or apparent outside an enclosed building. Limited outdoor
activities (loading, service, storage, etc.) that are accessory to a principal use
may occur providing the scale of such activities does not unduly conflict with
the primary purpose of this zoning classification or dominate the use of the site.
6.22.2
Permitted Uses
1.
Industrial Building
2.
deleted as per Bylaw 1997-21
3.
Household Repair Service
4.
Antique Store
5.
Automotive and Equipment Repair Shop
6.
Automotive and Light Recreation Vehicle Sales/Rentals
7.
Business Support Service
8.
Commercial School
9.
Convenience Vehicle Rental
10.
Equipment Rentals
11.
Fleet Service
12.
Funeral and Cremation Service
13.
Vehicle Oriented Use
14.
Licensed Restaurant
15.
General Contractor Service
16.
Limited Contractor Services
Bylaw 1804-13, as amended
Land Use Bylaw
Page 172 of 314
PART 6 - LAND USE DISTRICTS
17.
Service Stations
18.
Outdoor Amusement Establishment
19.
Recycling Depot
20.
Truck and Factory Built Home Sales
21.
General Industrial Uses
22.
Vehicle and Equipment Sales/Rentals
23.
Public Education Service
24.
Public Library and Cultural Exhibit
25.
Greenhouse and Plant Nursery
26.
Cannabis Retail added as per Bylaw 1914-18
27.
Outdoor Restaurant Patio, as an accessory to a Restaurant, Pub, Lounge,
Nightclub, Bar, or Manufacturer's Taproom for which a development permit has
been issued. added as per Bylaw 2019-22, amended per Bylaw 2075-24
28.
Sidewalk Patio added as per Bylaw 2019-22
6.22.3
Discretionary Uses
1.
Mini Storage Facility
2.
General Retail Store
3.
Convenience Retail Store
4.
Secondhand Store
5.
Booth Market
6.
Child Care Service
7.
Warehouse Sales
8.
Hotel
9.
Motel
Bylaw 1804-13, as amended
Land Use Bylaw
Page 173 of 314
PART 6 - LAND USE DISTRICTS
10.
Restaurant
11.
Pubs and Lounges
12.
Deleted as per Bylaw 2019-22
13.
Liquor Store
14.
Mobile Catering Food Service
15.
Public Park
16.
Indoor Participant Recreation Service
17.
Auctioneering Establishment
18.
Towing Compound
19.
Broadcasting and Motion Picture Studio
20.
Temporary Storage Yard
21.
Temporary Building
22.
Intermodal Container Storage
23.
Tent Structure
24.
Veterinary Service
25.
Security Suite
26.
Mixed Use Residential Suites
27.
Stockpile Site
28.
Government Services
29.
Outdoor Storage Yard
30.
Essential Utility Services
31.
Small Animal Hospital
32.
Manufacturer's Taproom added as per Bylaw 2075-24
Bylaw 1804-13, as amended
Land Use Bylaw
Page 174 of 314
PART 6 - LAND USE DISTRICTS
6.22.4
District Overlays
1.
District Overlays may apply to portions of this zoning classification that will add
additional regulation to some of the properties within this classification. Refer
to Part 11 of this Bylaw for further information.
6.22.5
Maximum Lot Coverage
1.
Principal Building and accessory buildings ............................................. 60%
6.22.6
Minimum Front Yard Setback
1.
Principal Building, without front yard parking ............................................ 6.0 m
2.
Principal Building, with front yard parking ............................................... 12.0 m
3.
Accessory Building ................................................................................. 20.0 m
4.
Vehicle Oriented Uses ............................................................................ 12.0 m
6.22.7
Minimum Side Yard Setback
1.
Determined by Alberta Building Code requirements based on
construction type with minimum of 3.0 m.
6.22.8
Minimum Rear Yard Setback
1.
Principal Building ...................................................................................... 3.0 m
2.
Accessory Building ................................................................................... 1.5 m
6.22.9
Maximum Building Height
1.
Principal Building ................................................................................ 13.5 m
2.
Accessory Building ................................................................................... 5.0 m
6.22.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 175 of 314
PART 6 - LAND USE DISTRICTS
Child Care Service ............................................................ Section 8.1.2
Greenhouse and Plant Nursery .......................................... Section 8.21
Automotive and Equipment Repair Shop ............................ Section 8.24
Service Station .................................................................... Section 8.26
Second-hand Store ............................................................. Section 8.11
Outdoor Restaurant Patio .................................................... Section 8.15
Liquor Store ......................................................................... Section 8.10
Booth Market ....................................................................... Section 8.17
Auctioneering Establishment ............................................... Section 8.29
Outdoor Amusement Establishment .................................... Section 8.19
Mixed Use Residential Suites ............................................. Section 8.5.3
Temporary Storage Yard .................................................. Section 8.27.1
Temporary Building .......................................................... Section 8.27.2
Intermodal Container Storage ........................................... Section 8.27.4
Stockpile Site ...................................................................... Section 8.28
Tent Structure .................................................................. Section 8.27.3
Cannabis Retail added as per Bylaw 1914-18 ............................. Section 8.33
Manufacturer's Taproom added as per Bylaw 2075-24 ............... Section 8.35
6.22.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Bylaw 1804-13, as amended
Land Use Bylaw
Page 176 of 314
PART 6 - LAND USE DISTRICTS
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 177 of 314
PART 6 - LAND USE DISTRICTS
6.22.12
Industrial Performance Standards
1.
No operation or activity shall emit air and water contaminants more than the
standards prescribed by the Province of Alberta pursuant to the Clean Air Act
and the Clean Water Act and regulations pertaining thereto.
2.
Any industrial operation including production, processing, cleaning, testing,
repairing, storage, or distribution of any material shall always conform to the
following standards:
a.
Noise - emit no offensive noise of industrial production audible at any point
on the boundary of the lot on which the operation takes place.
b.
Smoke - no process involving the use of solid fuel is permitted except the
use of waste disposal incinerators of a design approved by the appropriate
approving authority(s).
c.
Dust and ash - no process involving the emission of dust, fly ash, or other
matter is permitted.
d.
Smell - the emission of any odorous gas or other odorous matter is
prohibited.
e.
Toxic gases or other toxic substances - the emission of toxic gases or
other toxic substances is prohibited.
f.
Glare and heat - no industrial operation shall be carried out that would
produce glare or heat discernible beyond the property line of the lot
concerned.
g.
External storage - external storage of goods or materials is permitted if kept
in a neat and orderly manner, suitably enclosed by a fence or wall to the
satisfaction of the Development Authority.
h.
Industrial wastes - no wastes shall be discharged into any sewer which
does not conform to the standards established from time to time by bylaw
of the City.
3.
The onus of proving to the Development Authority's satisfaction that a
proposed development does, and will, comply with these standards rests with
the developer and or operator.
4.
In considering the application, the Development Authority shall have regard to
the intent of this Section, which is to establish use based on:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 178 of 314
PART 6 - LAND USE DISTRICTS
a.
Appropriate performance standards.
b.
The methods, equipment, and techniques of the applicant.
c.
The use of neighbouring land and land use districts and the compatibility
of the proposed use with neighbouring land and land use district.
6.22.13
Appearance
1.
All yards abutting the highway or road shall be landscaped and the entire lot
and all buildings maintained in a neat, tidy manner, including the trimming and
upkeep of landscaped areas and the removal of debris and unsightly objects.
2.
All storage, freight, or trucking yards shall be enclosed or completely screened
by buildings, tree, landscaped features or fences, or a combination thereof to
provide effective screening from the ground to a height of 2.0 m.
3.
All front yards shall be landscaped and maintained to meet or exceed the
minimum standards outlined in this Bylaw.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 179 of 314
PART 6 - LAND USE DISTRICTS
6.23
M2 - Heavy Industrial District Regulation
6.23.1
Purpose
1.
The purpose of this zoning classification is to provide for manufacturing,
processing, assembly, distribution, and service and repair uses as permitted
uses, that carry out a portion of their operation outdoors or require outdoor
storage areas. Any nuisance associated with such permitted uses should not
generally extend beyond the boundaries of the zoning classification. The
zoning classification also allows for other industrial uses as discretionary uses
that due to their appearance, industry image, noise, odor, risk of toxic
emissions, or fire and explosion hazards are incompatible with residential,
commercial, and other land uses. The zoning classification also allows for
some commercial uses as discretionary uses that provide commercial services
to the industrial areas.
6.23.2
Permitted Uses
1.
Industrial Building
2.
deleted as per Bylaw 1997-21
3.
General Industrial Uses
4.
Recycling Depot
5.
Automotive and Light Recreation Vehicle Sales/Rentals
6.
Automotive and Equipment Repair Shop
7.
Vehicle and Equipment Sales/Rentals
8.
Truck and Factory Built Home Sales
9.
Equipment Rentals
10.
Towing Compound
11.
Fleet Service
12.
Vehicle Oriented Use
13.
General Contractor Service
Bylaw 1804-13, as amended
Land Use Bylaw
Page 180 of 314
PART 6 - LAND USE DISTRICTS
14.
Household Repair Service
15.
Limited Contractor Service
16.
Auctioneering Establishment
17.
Temporary Storage Yard
18.
Outdoor Storage Yard
19.
Greenhouse and Plant Nursery
20.
Essential Utility Services
21.
Outdoor Restaurant Patio, as an accessory to a Restaurant, Pub, Lounge,
Nightclub, Bar, or Manufacturer's Taproom for which a development permit has
been issued. added as per Bylaw 2019-22, amended as per Bylaw 2075-24
22. Sidewalk Patio added as per Bylaw 2019-22
6.23.3
Discretionary Uses
1.
Antique Store
2.
Business Support Service
3.
Commercial School
4.
Public Education Service
5.
Temporary Shelter Service
6.
Veterinary Service
7.
Restaurant
8.
Licensed Restaurant
9.
Mini Storage Facility
10.
Security Suite
11.
Pawn Shop
12.
Tent Structure
13.
Intermodal Container Storage
Bylaw 1804-13, as amended
Land Use Bylaw
Page 181 of 314
PART 6 - LAND USE DISTRICTS
14.
Stockpile Site
15.
Temporary Building
16.
Auto Salvage and Auto Part Recycling Yard
17.
Higher Risk Industrial Uses
18.
Medical Marijuana Production Facility
19.
Manufacturer's Taproom added as per Bylaw 2075-24
6.23.4
District Overlays
1.
District Overlays may apply to portions of this zoning classification that will add
additional regulation to some of the properties within this classification. Refer
to Part 11 of this Bylaw for further information.
6.23.5
Maximum Lot Coverage
1.
Principal Building and accessory buildings ............................................. 60%
6.23.6
Minimum Front Yard Setback
1.
Principal Building ................................................................................ 12.0 m
2.
Accessory Building ............................................................................. 15.0 m
6.23.7
Minimum Side Yard Setback
1.
Determined by Alberta Building Code requirements based on
construction type with a minimum of 3.0 m.
6.23.8
Minimum Rear Yard Setback
1.
Principal Building .................................................................................. 3.0 m
2.
Accessory Building ............................................................................... 1.5 m
6.23.9
Maximum Building Height
1.
Principal Building ................................................................................ 13.5 m
Bylaw 1804-13, as amended
Land Use Bylaw
Page 182 of 314
PART 6 - LAND USE DISTRICTS
2.
Accessory Building ............................................................................... 5.0 m
6.23.19
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Greenhouse and Plant Nursery ............................................. Section 8.21
Automotive and Equipment Repair Shop .............................. Section 8.24
Pawn Shop ........................................................................... Section 8.12
Temporary Shelter Service ..................................................... Section 8.4
Higher Risk Industrial Uses ................................................... Section 8.23
Auto Salvage and Recycling Yard ......................................... Section 8.25
Auctioneering Establishment ................................................. Section 8.29
Security Suite ....................................................................... Section 8.31
Mixed Use Residential Suites .............................................. Section 8.5.3
Temporary Storage Yard ................................................... Section 8.27.1
Temporary Building ............................................................ Section 8.27.2
Mini-Storage Facility ............................................................. Section 8.30
Intermodal Container Storage ............................................ Section 8.27.4
Stockpile Site ........................................................................ Section 8.28
Tent Structure .................................................................... Section 8.27.3
Medical Marijuana Production Facility added as per Bylaw 1922-19 Section 8.32
Manufacturer's Taproom added as per Bylaw 2075-24 .................Section 8.35
6.23.20
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all properties:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 183 of 314
PART 6 - LAND USE DISTRICTS
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Bylaw 1804-13, as amended
Land Use Bylaw
Page 184 of 314
PART 6 - LAND USE DISTRICTS
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
6.23.21
Industrial Performance Standards
1.
No operation or activity shall emit air and water contaminants more than the
standards prescribed by the Province of Alberta pursuant to the Clean Air Act
and the Clean Water Act and regulations pertaining thereto.
2.
Any industrial operation including production, processing, cleaning, testing,
repairing, storage, or distribution of any material shall always conform to the
following standards:
a. Noise - emit no offensive noise of industrial production audible at any
point on the boundary of the lot on which the operation takes place.
b. Smoke - no process involving the use of solid fuel is permitted except the
use of waste disposal incinerators of a design approved by the appropriate
approving authority(s).
c.
Dust and ash - no process involving the emission of dust, fly ash, or other
matter is permitted.
d. Smell - the emission of any odorous gas or other odorous matter is
prohibited.
e. Toxic gases or other toxic substances - the emission of toxic gases or
other toxic substances is prohibited.
f.
Glare and heat - no industrial operation shall be carried out that would
produce glare or heat discernible beyond the property line of the lot
concerned.
g. External storage - external storage of goods or materials is permitted if
kept in a neat and orderly manner, suitably enclosed by a fence or wall to
the satisfaction of the Development Authority.
h. Industrial wastes - no wastes shall be discharged into any sewer which
does not conform to the standards established from time to time by bylaw
of the City.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 185 of 314
PART 6 - LAND USE DISTRICTS
3.
The onus of proving to the Development Authority's satisfaction that a
proposed development does, and will, comply with these standards rests with
the developer and or operator.
4.
In considering the application, the Development Authority shall have regard to
the intent of this Section, which is to establish use based on:
a. Appropriate performance standards.
b. The methods, equipment, and techniques of the applicant.
c.
The use of neighbouring land and land use districts and the compatibility
of the proposed use with neighbouring land and land use district.
6.23.22
Appearance
1.
All yards abutting the highway or road shall be landscaped and the entire lot
and all buildings maintained in a neat, tidy manner, including the trimming and
upkeep of landscaped areas and the removal of debris and unsightly objects.
2.
All storage, freight, or trucking yards shall be enclosed or completely screened
by buildings, tree, landscaped features or fences, or a combination thereof to
provide effective screening from the ground to a height of 2.0 m
3.
All front yards shall be landscaped and maintained to meet or exceed the
minimum standards outlined in this Bylaw.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 186 of 314
PART 6 - LAND USE DISTRICTS
6.24
M3 - Airport Industrial District Regulations
6.24.1
Purpose
1.
The purpose of the Airport district is to allow aviation-related land uses in
immediate proximity to the Wetaskiwin Regional Airport. The safety of flight
operations has highest priority and shall guide the Development Authority in all
their actions and decisions. Buildings and land uses are restricted to aviation
related developments, which add to the viability of the airport, or which require
a direct connection to airport operations.
6.24.1
Permitted Uses
1.
Aircraft Hangar (see definition)
2.
Aircraft Sales/Rentals
3.
Aircraft Parts Store
4.
Aircraft Maintenance Shop
5.
Aircraft Manufacturing
6.24.4
Discretionary Uses
1.
Security Suite
2.
Public Library and Cultural Exhibit
3.
Utility Structures
4.
deleted as per Bylaw 1997-21
5.
Industrial, Commercial, and Storage uses that require direct airport access
6.
Temporary Indoor Storage uses by the owner (temporary means less than
12 months)
7.
Essential Utility Services
Bylaw 1804-13, as amended
Land Use Bylaw
Page 187 of 314
PART 6 - LAND USE DISTRICTS
6.24.5
Building Setbacks
1.
The setbacks for new buildings and additions to be constructed on lots that have
been subdivided on or before January 1, 1999, shall be:
a.
8.0 m from taxiways right-of-way to the aircraft door building face; and
b.
1.0 m from other property lines.
2.
The setbacks for new buildings and additions to be constructed on lots that have
been subdivided after January 1, 1999. shall be:
a.
8.0 m from taxiway right-of-way to the aircraft door building face.
b.
6.0 m from a public road right-of-way to the building face.
c.
1.5 m from other property lines to the building face.
d.
0.9 m from property line to the building eaves.
3.
All buildings constructed prior to January 1, 1999, as determined by
assessment records, that do not conform to this Section will be legal
non-conforming. If one or more of these legal non-conforming buildings is
damaged or destroyed to the extent of more than 75% above its foundation,
the building may not be repaired or rebuilt except in accordance with the Land
Use Bylaw.
6.24.6
Other Referrals
1.
The Airport Manager shall be consulted regarding all applications and shall be
notified of all decisions of the development officer within the M3 District.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 188 of 314
PART 6 - LAND USE DISTRICTS
6.25
US - Urban Service and Open Space Regulations
6.25.1
Purpose
1.
To establish a district in which land is used for public and or privately owned
institutional, recreational, and community service developments.
6.25.2
Permitted Uses
1.
Government Services
2.
Extended Medical Treatment Service
3.
Public Education Service
4.
Health Service
5.
Public Library and Cultural Exhibit
6.
Public Park
7.
Child Care Service
8.
Community Recreation Service
9.
Religious Assembly
10.
Essential Utility Services
11.
Major Impact Utility Service
12.
Recycled Materials Drop-off Centre
13.
Spectator Entertainment Establishment
14.
Indoor Participant Recreation Service
15.
Outdoor Participant Recreation Service
16.
Exhibition and Convention Facility
17.
Booth Market
18.
Tourist Campsite
Bylaw 1804-13, as amended
Land Use Bylaw
Page 189 of 314
PART 6 - LAND USE DISTRICTS
19.
Limited Group Home
20.
Carnival
21.
Seniors and Supportive Housing Facility
6.25.3
Discretionary Uses
1.
Cemetery
2.
Auctioneering Establishment
3.
Group Home
4.
Institutional Group Home
5.
Tent Structure
6.
Greenhouse and Plant Nursery
7.
Stockpile Site
8.
Minor Impact Utility Service added as per Bylaw 1997-21
6.25.4
Minimum Front Yard Setback
1.
Must match the requirement of the zoning classification of the nearest
adjacent property.
2.
Must meet the minimum requirements of the Alberta Building Code.
6.25.5
Minimum Rear Yard Setback
1.
Building with lane access ..................................................................... 3.0 m
2.
Building without lane access ................................................................ 6.0 m
3.
Other uses are at the discretion of the Development Authority
Bylaw 1804-13, as amended
Land Use Bylaw
Page 190 of 314
PART 6 - LAND USE DISTRICTS
6.25.6
Minimum Side Yard Setback
1.
Must match the requirement of the zoning classification of the nearest
adjacent property.
2.
Must meet the minimum requirements of the Alberta Building Code.
6.25.7
Maximum Site Coverage
1.
Buildings ................................................................................................ 40%
2.
All Buildings and parking lot ................................................................... 70%
3.
The maximum lot coverage can be increased at the full discretion of the
Development Authority if it is compatible with other uses in the vicinity or if the
lot is adjacent to another Urban Service lot where shared amenities are
provided that meet the intent of the regulation.
6.25.8
Maximum Building Height
1.
All buildings, except accessory buildings ............................................ 13.5 m
2.
Accessory Building .................................................................. one (1) storey
6.25.9
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Child Care Service ............................................................. Section 8.1.2
Tourist Campsite ................................................................. Section 8.18
Booth Market ....................................................................... Section 8.17
Carnival ............................................................................... Section 8.20
Auctioneering Establishment .............................................. Section 8.29
Limited Group Home .......................................................... Section 8.3.3
Group Home ....................................................................... Section 8.3.4
Institutional Group Home .................................................... Section 8.3.5
Tent Structure .................................................................. Section 8.27.3
Bylaw 1804-13, as amended
Land Use Bylaw
Page 191 of 314
PART 6 - LAND USE DISTRICTS
Greenhouse and Plant Nursery .......................................... Section 8.21
Stockpile Site ...................................................................... Section 8.28
6.25.10
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited Restricted in Residential Districts . Section 7.20
Bylaw 1804-13, as amended
Land Use Bylaw
Page 192 of 314
PART 6 - LAND USE DISTRICTS
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 193 of 314
PART 6 - LAND USE DISTRICTS
6.26
UR - Urban Reserve District Regulations
6.26.1
Purpose
1.
To establish a district for development which will not pose problems to the
logical expansion of future urban uses.
6.26.2
Permitted Uses
1.
Crop Farming
2.
Greenhouse and Plant Nursery
3.
Essential Utility Services
6.26.3
Discretionary Uses
1.
Tourist Campsite
2.
Outdoor Participant Recreation Service
3.
Temporary Storage Yard
4.
Outdoor Amusement Establishment
5.
Tent Structure
6.
Pastureland
7.
Stockpile Site
8.
Temporary Building
9.
Private Sewage System
10.
Intermodal Container Storage added as per Bylaw 1922-19
6.26.4
Minimum Front Yard Setback
1.
Set by development permit conditions by the Development Authority.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 194 of 314
PART 6 - LAND USE DISTRICTS
6.26.5
Minimum Rear Yard Setback
1.
Set by development permit conditions by the Development Authority.
6.26.6
Minimum Side Yard Setback
1.
Set by development permit conditions by the Development Authority.
6.26.7
Maximum Lot Coverage
1.
All buildings ............................................................................................ 10%
6.26.8
Maximum Building Height
1.
All buildings ......................................................................................... 7.0 m
6.26.9
Private Sewage Systems
1.
Where lots are not serviced with municipal sanitary sewers, they must use
approved sanitary sewer pump-out holding tanks or have private sewage
systems that have been designed and installed in full conformance with the
appropriate provincial regulations.
a.
The type and design of the private sewage system must be provided in full
detail at the time of application for the principal building along with a copy
of the permit to install a private sewage system.
b.
Where lots are serviced with pressurized municipal sanitary sewers, they
must connect to the municipal system with the approved system type.
6.26.10
Specific Use Regulations
1.
The following provide reference to specific regulations to Sections that apply
to specific permitted or discretionary uses of this Section:
Tourist Campsite ................................................................. Section 8.18
Outdoor Amusement Establishment .................................... Section 8.19
Temporary Storage Yard .................................................. Section 8.27.1
Bylaw 1804-13, as amended
Land Use Bylaw
Page 195 of 314
PART 6 - LAND USE DISTRICTS
Temporary Building .......................................................... Section 8.27.2
Tent Structure .................................................................. Section 8.27.3
Stockpile Site ...................................................................... Section 8.28
Greenhouse and Plant Nursery ........................................... Section 8.21
Intermodal Container Storage ........................................... Section 8.27.4
6.26.11
General Regulations
1.
The following provides a reference to other Sections that apply to the
development of all properties:
Fences .................................................................................. Section 7.1
Decks and Patios .................................................................. Section 7.2
Detached Garages, Carports, and Accessory Buildings ........ Section 7.3
Parking and Loading ............................................................. Section 7.4
Signs ..................................................................................... Section 7.6
Lot Grading and Property Drainage ....................................... Section 7.7
Landscaping and Screening .................................................. Section 7.8
Building Separation ............................................................... Section 7.9
Lighting of Sites ................................................................... Section 7.10
Building Design, Character, and Exterior Treatment ............ Section 7.11
Excavation and Stripping of Land ....................................... Section 7.12
Utility Services to Land Sites ............................................... Section 7.13
Sidewalk and Curb Crossings .............................................. Section 7.14
Corner and Double Fronting Lot .......................................... Section 7.15
Utility Right of Way .............................................................. Section 7.16
Vehicular Access to Sites .................................................... Section 7.17
Bylaw 1804-13, as amended
Land Use Bylaw
Page 196 of 314
PART 6 - LAND USE DISTRICTS
Limited Access to Major Streets .......................................... Section 7.18
Emergency Access to Buildings .......................................... Section 7.19
Objects/Uses Prohibited/Restricted in Residential Districts . Section 7.20
Relocation of Buildings ........................................................ Section 7.21
Construction Damage Deposits ........................................... Section 7.22
Grading Compliance Deposit .............................................. Section 7.23
Payment of Off-site Levies .................................................. Section 7.24
Water Meter Installation Costs ............................................. Section 7.25
Restrictive Covenants.......................................................... Section 7.26
Development Maintenance Standards ................................. Section 7.27
Land Subdivision Considerations .................................................. Part 9
Bylaw 1804-13, as amended
Land Use Bylaw
Page 197 of 314
PART 6 - LAND USE DISTRICTS
6.27
DC - Direct Control Districts Regulations
6.27.1
Purpose
1.
To establish a district or districts wherein the Council of the City of Wetaskiwin
may regulate and exercise particular control over the use and development of
land and buildings within a designated area.
2.
As time progresses land and the community evolves, certain properties
become into a state of transition where the redevelopment of land is subjective.
While some of the buildings are in good condition and met the desired
intentions of the day, any new development may require a change in use to
meet the planning and development strategies for the present and future.
These properties are generally in districts where they are surrounded by a
myriad of other uses; therefore, any development must be sensitive to several
issues. On these properties, the City wants to remain open minded and flexible,
consider the comments of surrounding property owners, and meet the
objectives of the key planning documents of the City, such as, the Municipal
Development Plan, Area Redevelopment Plans, Area Structure Plans, and
Area Overlay Plans.
3.
This classification should be limited in use where conventional classifications
are not practical considering the site and its surrounding uses.
4.
When an application has been received for a development or significant
change in use on a property classified as Direct Control the Development
Authority with consultation with other departments shall prepare a
comprehensive report to Council with all the planning issues identified for
Council to consider when making their decision.
5.
City Council at its sole discretion can make the decision on the development
permit or can delegate the decision to the Development Authority with direction
that it deems appropriate.
6.
For development and uses that are accessory to the principal use of the
property and that do not make changes to the property that will not deter the
desired long term transition of the property, the Development Authority may
make the decision on the application after public consultation on the application
in accordance with Section 4.6.3, with the Development Authority replacing the
decision making power of City Council. These applications include:
a.
change in the use classification of the building to a different classification
b.
the placement of a moveable accessory building
Bylaw 1804-13, as amended
Land Use Bylaw
Page 198 of 314
PART 6 - LAND USE DISTRICTS
c.
the construction of a deck or fence
d.
the construction of a detached garage not exceeding 40 m2
e.
the placement of a sign
f.
a home based business application
g.
temporary uses
Bylaw 1804-13, as amended
Land Use Bylaw
Page 199 of 314
PART 6 - LAND USE DISTRICTS
6.28
DCEM - Direct Control Environmental Management District Regulations
6.28.1
Purpose
1.
To establish a land use district (the DCEM District) wherein the Council of the
City of Wetaskiwin may regulate and exercise particular control over the use
and development of land and buildings within a designated area.
2.
More specifically, the DCEM District will apply to lands specially impacted by
known or suspected environmental and development constraints, including
provincial subdivision, and planning constraints. The DCEM District will enable
Council to regulate land use and development more particularly and site
specifically in respect to those constraints, including, without restriction, to
require special suitability testing prior to approval of any land use or
development within the DCEM District.
6.28.2
Land Uses
1.
Council, in its sole and exclusive discretion, shall determine the land uses that
may be allowed within the DCEM District from time to time, which uses shall
be fundamentally restricted by the following:
a.
no use shall be approved within the DCEM District except in compliance
with the Subdivision and Development Regulations, Alta. Reg. 43/2002,
as amended; and
b.
no use shall be approved within the DCEM District without prior evidence
of site-specific suitability to the satisfaction of Council. For the purpose of
this Section, Council has the sole and exclusive discretion to determine
the level of evidence required to establish site-specific suitability.
6.28.3
Development Regulations
1.
Notwithstanding anything to the contrary within this Land Use Bylaw, for lands
within the DCEM District:
a.
no development shall be undertaken unless an application for the
development has been approved and Council has issued a development
permit for the development;
b.
Council shall have the sole and exclusive jurisdiction to decide all
Development Permit applications; and
Bylaw 1804-13, as amended
Land Use Bylaw
Page 200 of 314
PART 6 - LAND USE DISTRICTS
c.
all development standards and regulations shall be at the sole and
exclusive discretion of Council.
6.28.4
Development Permit Application
1.
Notwithstanding anything to the contrary in this Land Use Bylaw, for lands
within the DCEM District, no application for a Development Permit shall be
considered complete unless the applicant has provided the following
information in support of the application to the satisfaction of City Council:
a.
a site specific risk assessment from a qualified professional that makes a
clear recommendation on:
i.
whether the use or development should be approved, considering its
location in relation to adjacent land uses and in relation to the
requirements of the provincial Subdivision and Development
Regulations, as amended;
ii.
whether the proposed location is safe for the proposed use or
development; and
iii. recommended risk-mitigating conditions, if any.
b.
reports of professional consultant(s), stamped where applicable, that
identify and summarize the effect of known or suspected development
constraints located at or near the proposed use or development;
c.
copies of any information required by provincial authorities;
d.
the information required by Section 4.2 of this Land Use Bylaw; and
e.
Council or a Development Officer, as directed by Council, may require that
additional application information be submitted with any Development
Permit application before consideration of the same, for the purpose of
assessing the suitability of the proposed use or development and
considering the purpose of the DCEM District and the City's Municipal
Development Plan.
6.28.5
Development Permit Conditions
1.
For applications under the DCEM District, Council shall have sole and
exclusive discretion to impose conditions of approval that result in a variance
Bylaw 1804-13, as amended
Land Use Bylaw
Page 201 of 314
PART 6 - LAND USE DISTRICTS
of the standards or regulations of this Land Use Bylaw or any other municipal
bylaw or policy other than an applicable statutory plan (including the Municipal
Development Plan) as Council may deem necessary or prudent considering
the purpose of the DCEM District and the potential impact of the proposed use
or development.
2.
Without restriction, Council may, at its sole discretion:
a.
require, as a condition of approval, that the applicant enter and comply
with an agreement with the Municipality for the purposes described in
Sections 648, 650, or 651 of the Municipal Government Act and including,
without limitation, the provision of security and the payment of fees or
levies;
b.
require as a condition of approval that the applicant exceed the
Municipality's standard design or engineering requirements; and
c.
apply whatever conditions of approval that Council deems necessary or
prudent considering the purpose of the DCEM District, the policies of the
Municipal Development Plan, and the potential impact of the proposed use
or development.
6.28.6
General Regulations
1. In determining the acceptability or suitability of a proposed use or development
for lands within the DCEM District, Council may consider, without restriction, in
respect to the proposal:
a.
its compliance with or conformity to the regulations of other land use
districts and provisions of this Land Use Bylaw;
b.
its compatibility with surrounding, existing land uses and scale of
development, including, without limitation, its potential effect on stability,
retention, and rehabilitation of desirable existing uses and/or buildings in
the area;
c.
its traffic impact;
d.
the location, function, and design of roadways and parking facilities
serving the whole proposed development or each phase of the proposed
development;
e.
its impact on services such as water and sewage systems and other
utilities; and
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PART 6 - LAND USE DISTRICTS
f.
its impact on community services including student generation and school
capacities.
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PART 7 - GENERAL REGULATIONS
7.1
Fences
7.1.1
Fence Height and Locations
1.
Residential
a.
On any residential property, except as hereinafter provided, a person shall
not construct a fence or wall, or permit a hedge to grow taller than:
i.
1.0 m beyond the front face of the principal building to the front
property line; or
ii.
1.8 m on side yards, rear yards, or fences running perpendicular to
the side face of the buildings.
b.
Privacy walls up to 1.8 m in height may be built on decks or patios,
measuring from the surface of the deck or patio provided the deck or patio
is at least 1.5m from the property line.
c.
Notwithstanding section 7.1.1.a, the maximum allowable fence height
within the front yard of a townhome, apartment building, triplex housing, or
fourplex housing development shall be 1.8 m. Where a front yard fence is
taller than 1.0 m:
i.
At least 85% of the total surface area of the fence must be
transparent. added as per Bylaw 1964-20
ii.
The fence shall not be made of chain link. added as per Bylaw 1964-20
2.
Industrial and General Commercial
a.
on properties zoned Light or Heavy Industrial or General Commercial a
person shall not construct a fence or wall taller than:
i.
2.0 m to the top of the fence; or
ii.
2.3 m to the top of the security wire.
3.
Highway Commercial, Shopping Centre Commercial and Downtown
Commercial amended as per Bylaw 2040-23
a.
on properties zoned Highway Commercial and Downtown Commercial a
person may construct a chain link fence on side and rear property lines
and perpendicular to the side of the principal building not taller than:
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PART 7 - GENERAL REGULATIONS
i.
1.8 m to the top of the fence; or
ii.
2.3 m to the top of the security wire.
b.
decorative fencing may be permitted in the front yard at the discretion of
the development authority with the issuance of a development permit.
4.
Public Facilities
a.
fences at public recreational facilities, playgrounds or school grounds will
be permitted to be constructed to a height to suit the facility needs and
must be approved in writing by the development authority.
5.
Measurement Location
a.
fence height shall be measured from the average grade level. Where
grade levels differ between properties, the average of the two (2)
elevations, measured 0.3 m from the fence shall be used.
6.
Commercial and Industrial Gate locations
a.
vehicle gates in commercial and industrial fences providing access from
public roadways must allow enough space for vehicles entering the
property with the gate in a closed position to be completely off the public
roadway.
7.1.2
Fence Materials
1.
Residential
a.
residential fences may be constructed of wood, concrete, brick,
manufactured plastic boards, wrought iron, or chain link fence materials.
amended as per Bylaw 1964-20
b.
all materials used in the construction of wood fences shall be graded
lumber unless otherwise pre-approved in writing by the Development
Authority.
2.
Commercial and Industrial
a.
commercial and Industrial fences, if constructed, shall be of standard chain
link materials installed to City Design Standards, unless otherwise
approved in writing by the Development Authority.
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PART 7 - GENERAL REGULATIONS
b.
commercial and Industrial fences in storage compounds facing roadways
shall have screening slats installed.
7.1.3
Fence Maintenance
1.
All fences shall be constructed and maintained to stand without bracing within
10.16 cm of plumb over the height of the fence.
2.
All mandatory fencing shall be maintained to its original design.
7.1.4
Restricted Fencing
1.
Barbed Wire
a.
no barbed wire fence will be allowed in any district except as parallel
security wire on top of commercial and industrial chain link fences above
the 1.8 m level to a maximum height of 2.3 m above grade.
b.
the Development Authority may relax this requirement in an agricultural
area where residences would not be near the proposed fence.
2.
Electrified Fencing
a.
electrified fencing is prohibited in all districts.
7.1.5
Mandatory Fencing
1.
Airport
a.
except where the adjacent land use is for agricultural purpose, properties
adjacent to airport runways, taxiways, and aprons shall be fenced with
chain link fences to prevent unauthorized vehicle traffic from accessing the
runways, taxiways, and aprons;
b.
in accordance with the airport operations manual agricultural properties
may be fenced with barbed or page wire fencing; and
c.
adjacent property owners are responsible for the maintenance of this
fencing.
2.
Uniform Fencing
a.
properties within residential sub-divisions with uniform fencing required by
a development agreement shall keep the uniform fencing in place and
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PART 7 - GENERAL REGULATIONS
keep the fence maintained to the neighborhood standard. One (1) gate not
exceeding 1.0 m wide will be permitted in the uniform fence from each
property provided the gate opens inward to the property.
3.
Railways
a.
all commercial, industrial, and residential properties, which are subject to
a development permit and are adjacent to railways, shall have 1.8 m chain
link fencing installed to prevent unauthorized access to the railway
property. The property owners are responsible for the maintenance of this
fencing.
4.
Neighborhood Commercial
a.
on properties zoned Neighborhood Commercial, property lines separating
the subject property from other properties shall be constructed of with low
maintenance materials and provide a full screen to a height between 1.2 m
and 1.5 m. The neighborhood commercial property owners are
responsible for the maintenance of this fencing.
5.
Swimming Pools
a.
all swimming pools and hot tubs shall be fenced as required by the Alberta
Building Code.
7.2
Decks, Patios, and Platforms
1.
The maximum site coverage, minimum yard setbacks, and the minimum soft
landscaping percentages of the specific district regulations must be complied
with when applying for or issuing a development permit for a deck.
2.
When a deck or patio contains more than one (1) level, the deck area shall
include the areas of all combined levels.
3.
When a property contains more than one (1) deck, the maximum deck area
shall include all decks.
4.
Where a deck provides egress from a required exit of a building it must have
stairs that provide safe access to grade.
5.
Access platforms and stairs providing access to platforms that provide access
to or egress from the principal building that are less than 2.5 m2 in platform
area, are allowed without a permit within the minimum side yards, provided
they are constructed of non-combustible materials and do not interfere with
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PART 7 - GENERAL REGULATIONS
property drainage and provided they are not enclosed by walls or covered by
a roof structure.
6.
Patios are allowed to be constructed without a development permit provided
the soft landscaping and site drainage requirements are met and there is no
roof over the patio.
7.
Where drainage swales exist between properties that provide required
drainage flow, decks, patios and platforms and the supporting structures must
be designed and constructed so they do not interfere with this required
drainage.
8.
Where roofs are constructed over, or intended to be constructed over, decks
or patios, the deck or patio must meet the minimum property line setbacks and
maximum site coverage of the specific district regulations for the principal
building and must have a foundation structure installed that meets the building
code requirements that would support the roof and the appropriate snow loads.
9.
Freestanding gazebos are required to meet the minimum setback
requirements of the specific district regulations for a detached garage.
10.
Decks must meet all the current Alberta Building Code requirements.
7.3
Detached Garages, Carports, and Accessory Buildings
7.3.1
Detached Garage
1.
A detached garage must not be connected to the principal building.
2.
Garages that are connected by breezeways are considered an attached
garage and deemed part of the principal building.
3.
Garages that are less than 2.0 m from the wall surface of the principal building
to the wall surface of the garage, or less than 1.2 m from eave to eave are
deemed to be attached garages and must meet the setback requirements of
the principal building.
4.
Detached garage setbacks are specified in each zoning classification.
7.3.1.1
Maximum Building Height
1.
As outlined in the district regulations.
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PART 7 - GENERAL REGULATIONS
7.3.1.2
Maximum Wall Height
1.
As determined by the maximum building height in the district regulations.
7.3.1.3
Exterior Finish
1.
Detached Garages must have an exterior finish installed within one (1) year of
the development permit consistent with materials that are similar to those
commonly used in new residential construction.
2.
The materials used for exterior finish must include materials approved for use
as cladding, stucco, soffits, or roofing under the Alberta Building Code under
the appropriate application.
3.
The exterior finish must be completed to a professional standard and
complimentary to the appearance of the principal building.
4.
Where roof slopes terminate within 1.0 m of a property line, they must be
equipped with eaves troughs and downspouts. The downspouts must not
terminate within 0.6 m of a property line.
5.
The grade away from the garage, measured perpendicular to a side property
line, must not exceed 20% within 1.0 m of the property line.
6.
The side yard of a detached garage must be kept in a neat and tidy order and
free of flammable debris.
7.3.2
Carports
1.
Where carports are attached to the principal building, they are deemed to be
part of the principal building and must meet the required principal building
setbacks and other regulations as outlined in the specific district regulations.
2.
Carports attached to buildings other than the principal building must meet the
required building setbacks and other regulations for that building as outlined in
the specific district regulations.
3.
Freestanding carports must meet the same regulations as a detached garage
as outlined in 7.3.1.
7.3.3
Accessory Building
1.
A structure accessory to the main use or building on the site, not exceeding
4.5 m in height, and the exterior walls not exceeding 3.1 m in height on a
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PART 7 - GENERAL REGULATIONS
residential site intended for the storage of the personal property of the resident
or on a commercial or industrial site intended for the storage of the goods
belonging to the business on the site.
2.
An accessory building must be setback from property lines in accordance with
the specific district regulations.
3.
Where an accessory building is placed within 2.0 m of a principal building or
other building it is deemed to be part of the adjacent building and must meet
the property line setbacks required for the adjacent building as required in the
specific district regulations.
4.
The exterior finish must be completed to a professional standard and
complimentary to the appearance of the principal building.
5.
Placement of accessory buildings must not affect drainage swales between
properties.
7.4
Parking and Loading
7.4.1
Off-street Parking and Loading Regulations
1.
Applicability and Exceptions
a.
When any development takes place on any site, off-street parking and
loading facilities for each building type or use, including accessory uses,
shall be provided, and maintained in accordance with the regulations and
standards of this Bylaw.
b.
Notwithstanding the above, the regulations contained within this Section
shall not apply to buildings or uses existing at the time of the adoption of
this Bylaw, except that:
i.
Where any building or structure undergoes an increase in floor area
due to addition or external renovation, off-street parking, including
parking for the disabled and visitors, shall be increased to equal or
exceed the off-street parking requirements resulting from application
of the provisions of this Bylaw to the entire building, structure or use
as modified in size.
ii.
Where any building or use undergoes a change of use, intensity of
use or capacity and the change results in an increase in the parking
requirements, the off-street parking, including parking for the disabled
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PART 7 - GENERAL REGULATIONS
and visitors, shall be increased to equal or exceed the off-street
parking requirements resulting from application of the provisions of
this Bylaw to the entire building, structure or use as modified in use.
iii. Where off-street parking facilities or loading facilities are provided
when not required, the location, design and operation of such facilities
shall comply with all the regulations of this Bylaw.
c.
All required parking and loading facilities shall only be used for the purpose
of accommodating the vehicles of clients, customers, employees,
members, residents, or visitors in connection with the building or use for
which the parking and loading facilities are provided, and the parking and
loading facilities shall not be used for driveways, access or egress,
commercial repair work, display, sale, or storage of goods of any kind.
2.
General Requirements
a. Where provision of off-street vehicular parking, garage spaces, or loading
spaces is required by this Bylaw except for single dwelling building, duplex
housing and semi-detached housing, a plan of the proposed site layout
shall be included with the development permit application. The site plan
must be drawn to scale and must clearly illustrate the lot size and
configuration, building locations, site access, parking and loading spaces,
on-site circulation, and any other details relevant to the review of the
development proposal.
b. The number of off-street vehicular parking spaces and loading spaces
required for any use is specified in Schedule 1 and Schedule 2
respectively.
c.
Where Schedules 1 and Schedule 2 do not clearly define regulations for a
particular development, the single use class or combination of use classes
most representative of the proposed development shall be used by the
Development Officer to determine the vehicular parking and loading
requirements.
d. Where the total number of vehicular parking spaces or loading facilities is
determined by reference to a unit such as the number of seats or floor
area, the next higher whole number shall be required where the calculation
results in a fractional number of required spaces.
e. Where more than one (1) calculation of parking space requirements is
specified for a use, the greater requirement shall be applied.
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PART 7 - GENERAL REGULATIONS
f.
Unless otherwise specified in this Bylaw, no required parking spaces shall
be provided as Tandem Parking.
g. The Development Officer may use their variance power to relax the
vehicular parking requirements in Schedule 1 and the loading
requirements in Schedule 2; however, such a variance shall only be
considered in cases where the nature of the use, the size of the site, or
other physical constraints result in a situation where the requirements
cannot be met on-site without unnecessary hardship or practical
difficulties.
h. In the case of the multiple use of a site, the Development Officer shall
calculate the vehicular parking and off-street loading requirement for each
individual use and the total shall be deemed to be the required vehicular
parking or off-street loading for the site, unless the applicant can
demonstrate that there is complementary use of the parking or loading
facilities which would warrant a reduction in the requirements. Where such
reduction is made, this shall be considered a variance and the
Development Officer shall state the reduction and the reasons for it on the
Development Permit.
3.
Parking for People with Disabilities
a.
Be provided in accordance with the Alberta Building Code in effect at the
time of the Development Permit application, for which no discretion exists.
b.
Be included, by the Development Officer, in the calculation of the
applicable minimum parking requirement.
c.
Be identified as parking spaces for the disabled using appropriate signage,
in accordance with Provincial standards.
7.4.2
Required Off-street Vehicular Parking
1.
Number of Vehicular Spaces
a.
The minimum number of off-street parking spaces required for each use
is specified in Schedule 1.
b.
Where the applicant for a development permit can demonstrate through a
vehicular parking demand study prepared and submitted with respect to
the proposed development, that by virtue of the use, character, or location
of the proposed development, and other available parking facilities, the
parking requirement for the proposed development is less than any
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PART 7 - GENERAL REGULATIONS
minimum or more than any maximum set out in the Parking Schedule, the
Development Officer may allow a reduction from the minimum or an
increase from the maximum in the number of parking spaces. The
Development Officer shall submit the demand study to the Engineering
Department for analysis, and the proposed reduction or increase may be
approved by the Development Officer with the advice of the Engineering
Department. In no case shall the resulting number of parking spaces be
less than one (1) per dwelling in the case of residential uses.
c.
For mixed use developments of greater than 20,000 m2 of floor area, which
accommodate restaurant, entertainment and or cinema uses exceeding
20% of the floor area, a shared use parking impact assessment shall be
submitted to the Development Officer to assist in the determination of the
required off-street vehicular parking supply. The Development Officer shall
submit the parking study to the Engineering Department for analysis, and
the proposed reduction, or increase may be approved by the Development
Officer with the advice of the Engineering Department.
2.
Location of Vehicular Parking Facilities
a.
Except for properties zoned as downtown commercial the required parking
spaces shall be wholly provided on the same site as the building.
b.
For downtown commercial districts, parking spaces may be provided on a
site located remotely, but no further than 120m from the site. Such
distance shall be measured along the shortest public pedestrian route from
the nearest point of the parking area to the nearest point of the site where
the building or use is located. Where off-site parking is provided pursuant
to this provision, the development shall be considered as discretionary
use.
c.
Where required parking spaces are not on the same site of the
development or use, these parking spaces shall be identified as parking
spaces for that development or use with appropriate signage.
d.
Except on residential sites where a front attached garage is an approved
use or on residential sites where lane access is not available, no parking
stalls shall be provided within 8.0 m of the front property line of a residential
property.
e.
Where parking is permitted within the front yard of a residential site the
parking area and access space shall be hard-surfaced, have approved
curb crossings, and shall not conflict with the minimum landscaping
requirements of this Bylaw.
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Page 213 of 314
PART 7 - GENERAL REGULATIONS
3.
Landscaped Islands Within Parking Areas
a.
Every off-street parking or loading area required by this Bylaw to
accommodate thirty (30) or more vehicles at grade, shall incorporate
landscaped open space within the parking area, calculated based on
1.5 m2 of landscaped island area per required parking and loading
space. This shall be landscaped in accordance with this Bylaw.
b.
For parking areas containing required parking for forty (40) or more
vehicles, a minimum of two (2) landscaped islands shall be required.
These islands shall be placed to provide visual relief, to assist
vehicular circulation and to organize large areas of parking into
smaller cells. The number of islands provided shall be to the
satisfaction of the Development Officer.
4.
Vehicular Parking Dimensions and Configuration
a.
All required parking spaces shall be clear of any access driveways, aisles,
ramps, columns, signs, or other similar obstructions, and shall conform to
the following minimum dimensions:
i.
Except as provided below, each required off-street parking space
shall be a minimum of 2.7 m width with a minimum clear length of 5.5
m exclusive of access drives, aisles, ramps, or columns. Parking
spaces shall have a vertical clearance of at least 2.0 m. For parallel
parking, the length of the parking spaces shall be increased to 7.0 m
except that an end space with an open end shall be a minimum length
of 5.5 m.
ii.
Where the use of a parking space is limited on both sides by a wall or
a column, the unobstructed width from face to face of the obstructions
shall be 3.0 m and if in this case, a building door opens into the parking
space on its long side, the unobstructed width shall be 3.3 m.
iii. Where the use of a parking space is limited to one side by a wall or a
column, the unobstructed width of the parking space shall be 2.9 m
and if in this case, a building door opens into the parking space on its
long side, the unobstructed width shall be 3.3 m.
iv. Aisles shall be a minimum of 7.0 m wide for 90º parking, 5.5 m for 60º
parking, and 3.6 m wide for 45º parking and parallel parking.
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PART 7 - GENERAL REGULATIONS
v.
Disabled parking spaces shall be a minimum of 3.7 m in width and
5.5 m length.
vi. Where parking spaces are located with access directly off a lane, the
length of the stall shall be increased to 6.8 m the site.
7.4.3
Hard-surfacing and Curbing of Parking and Loading Spaces
1.
General Requirements
a.
Required parking and loading facilities shall provide for, and include, an
adequate, safe, and convenient arrangement of vehicular points of ingress
or egress, driveways, internal roadways, aisles, and ramps, loading of
motor vehicles all in relation to buildings and entry points to buildings on
the site. Such facilities shall comply with the following design,
development, and maintenance standards:
i.
All required parking and loading facilities shall be clearly demarcated,
have adequate storm water drainage and storage facilities, and be
hard-surfaced. Hard-surfacing shall mean the provision of a durable,
dust-free material constructed of concrete, asphalt, or similar
pavement capable of withstanding expected vehicle loads.
ii.
Where the street or lane from which access is available to any loading
or required parking space is hard-surfaced after the time at which the
parking space is provided or required, the person responsible for the
construction or maintenance of such parking or loading space shall
forthwith hard surface such spaces and the access thereto, and the
whole area contained within the City-owned land to which a curb
crossing permit applies.
iii. Notwithstanding anything contained in the above clause, where hard-
surfacing has been provided on a site to the minimum required, then
the type of surface permitted on the balance of the site shall be of
such material as the Engineering Department approves.
iv. In parking areas and similarly congested locations, curbs and other
protective measures shall be used to protect adjacent fences, walls,
boulevards, landscaped areas or buildings on the site or an adjacent
site.
v.
Continuous raised or pre-cast curbing of not less than 100 mm in
height shall be provided adjacent to streets and required landscaped
areas, 600 mm from the front of the parking stall. Concrete curb stops
shall be placed to ensure that vehicles do not overhang boulevards,
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PART 7 - GENERAL REGULATIONS
sidewalks, or required landscaped areas. Curbing shall also be
required to clearly demarcate the required portion of driveway leading
to an internal roadway, aisle, ramp, parking space or loading space.
vi. Where continuing curbs are used as wheel stops, the measured size
of parking spaces shall be reduced 1.0 m in length than otherwise
required. In such instances, the parking layout should allow for the
vehicle to overhang the curb by 1.0 m and such overhang areas must
be clear of all obstructions (signs, shrubs, trees, etc.) and shall not be
regarded as a required landscaped area.
vii. In situations where lighting of off-street parking and loading facilities
is to be provided, the lighting shall be arranged, installed, and
maintained to deflect, shade, and focus light away from any adjacent
land uses.
2.
Residential Zones
a.
Every off-street parking or loading space, and access provided or required
in any residential zone, including the area contained within City-owned
land to which a curb crossing permit applies, shall be hard-surfaced if
access is from a public roadway which is hard-surfaced or graveled. If
there are two (2) or less parking or loading spaces, this is not required.
b.
For an on-site driveway in any residential zone, the area required to be
hard-surfaced may be constructed based on separated tire tracks, with
natural soil, grass, or gravel between the tracks, but shall be constructed
so that the tires of a parked or oncoming vehicle will normally remain upon
the hard-surface.
3.
Commercial and Industrial Zones
a.
Every off-street parking or loading space provided or required in any
commercial zone, and the access thereto, including the whole area
contained within the City-owned land to which a curb crossing permit
applies, shall be hard-surfaced if the access is from a public roadway
which is hard-surfaced.
b.
Every off-street parking or loading space provided or required in an
industrial zone, and the access thereto, including the whole area contained
within the City-owned land to which a curb crossing permit applied, shall
be hard-surfaced if such area lies in front of the principal building. Any area
at the rear or the side of the principal building provided or required for
off-street parking or loading space need not be hard-surfaced but shall be
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PART 7 - GENERAL REGULATIONS
of such a surface that shall minimize the carrying of dirt or foreign matter
upon the highway.
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Schedule 1 - Vehicular Parking Requirement
Use of Building or Site
Minimum Number of Parking Spaces or
Garage Spaces Required
Residential and Residential-Related
Apartment Building
1 parking space per bachelor suite and bed sitting room, plus
1 parking space per 1 bedroom dwelling, plus
1.5 parking spaces per 2 bedroom dwelling, plus
1.75 parking spaces per 3 or more bedroom dwelling, plus
1 parking space per 7 dwellings for visitor parking.
The visitor parking must be readily available to an entrance of
the building and be clearly identified as visitor parking.
The Development Officer may accept tandem parking spaces
of a number that is equivalent to the total required parking
minus the total number of dwellings and minus visitor parking.
Visitor parking spaces shall not be in tandem.
Boarding and Lodging House,
Garage Suite, and Secondary
Suite
1 parking space per 1 sleeping unit, in addition to the parking
requirements for the primary dwelling.
Duplex Housing,
Manufactured Home
(excluding Manufactured
Home Parks), and
Semi-detached Housing
2 parking spaces per dwelling include 1 garage space.
Where a front yard driveway provides access to a parking
space that is not within the front yard, the Development
Officer may consider this driveway as the provision of a
second car parking space that is in tandem.
Group Home
1 parking space per 3 sleeping units and 1 parking space per
maximum staff members on shift.
Major Home-Based Business
except Bed and Breakfast
Facility (see below)
1 parking space in addition to parking required for primary
dwelling.
Bed and Breakfast Facility
1 parking space per guest room is required in addition to the
parking required for the primary dwelling.
Manufactured Home Parks
2 parking spaces per manufactured home lot, plus 1 parking
space per 7 manufactured home lots as visitor parking. The
visitor parking shall be dispersed, to be conveniently located
for all lots.
Residential Sales Centre
4 parking spaces
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Land Use Bylaw
Page 218 of 314
PART 7 - GENERAL REGULATIONS
Single Dwelling Building
2 parking spaces
Commercial
Any development within a
commercial use class not
listed separately in this table,
with a floor area of 100 m2
4 parking spaces per 100 m2 of floor area
Hotels and Motels
1 parking space per sleeping unit, plus 1 per employee
Nightclubs and Bars
1 parking space per 20 m2 public space, or 1 parking space
per 3.5 persons occupant load, plus 1 per employee
Pubs and Lounges
1 parking space per 20 m2 public space, or 1 parking space
per 3.5 persons occupant load, plus 1 per employee
Casino and Other Gaming
Establishment
1 parking space per 20 m2 of public space, or 1 parking space
per 3.5 persons occupant load, plus 1 per employee
Commercial School
1 parking space per 3.5 seats, plus auditorium requirements
where applicable.
Booth Market
6.5 parking spaces per 100 m2 of floor area in the building
used for this use class.
Funeral and Cremation
Service
1 parking space per 3.5 seats plus 1 parking space per funeral
home vehicle
Health Service
4.5 parking space per 100 m2 of floor area
Professional, Financial and
Office Support Service
3.4 parking space per 100 m2 of floor area
Restaurant
1 parking space per 7.5 m2 of public space
Warehouse Sales
1 parking space per 100 m2 of floor area
Manufacturer's Taproom
1 parking space per 20 m2 of public space, or 1 parking space
per 3.5 persons occupant load, plus 1 per employee added as
per Bylaw 2075-24
Industrial
Any development within the
Industrial Use Classes and
Industrial Performance Use
1 parking space per 100 m2 of floor area provided this is not
less than 3 parking spaces per tenant or establishment
Basic Service
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Land Use Bylaw
Page 219 of 314
PART 7 - GENERAL REGULATIONS
Extended Medical Treatment
Services
1 parking spaces per 100 m2 of floor area
Community, Educational, Recreational, and Cultural Service
Any development within the
Community, Educational,
Recreational and Cultural
Service Use Class not listed
separately.
1 parking space per 3.5 seats or 3.1 parking spaces per 10 m2
of floor area used by patrons
Child Care Service
1 parking space per employee
Community Recreation
Service
16 parking spaces, plus where multipurpose room greater
than 93 m2 is present and is used for general assembly
purposes, an additional 2.2 parking spaces per 10 m2 over
93 m2 of floor area in a multipurpose room is required. The
multipurpose area shall not include dressing rooms, change
rooms, washrooms, storage areas, and cooking or kitchen
areas, which are normally incidental to the primary function of
the community recreation services.
Where the community recreation service facility parking area
immediately abuts a parking area for a school, a maximum of
50% of the additional parking spaces required, pursuant to
the above clause, may be provided by including the parking
facilities on the abutting school parking area.
College, Business, or
Technical School
1 parking space per 3.5 seats, plus auditorium requirements
where applicable.
Exhibition and Convention
Facility
1 parking space per 3.5 seats or 3.1 parking spaces per 10
m2 of floor area used by patrons
Indoor Participant Recreation
Service except the following:
1 parking space per 3.5 seats or 3.1 parking spaces per 10 m2
of floor area used by patrons
-
Bowling Alley
4 parking spaces per lane plus parking requirements for
accessory uses
-
Curling Rink
8 parking spaces per sheet plus parking requirements for
accessory uses
-
Health and Fitness
Club
1 parking space per 10 m2 of floor area
-
Hockey Rink
1 parking space per 3.5 seats or 1 parking space per 5 m2
playing/water surface or assembly area
Bylaw 1804-13, as amended
Land Use Bylaw
Page 220 of 314
PART 7 - GENERAL REGULATIONS
-
Swimming Pool
-
Racquet Sport Facility
2 parking spaces per court plus parking requirements for
accessory uses
Natural Science Exhibit
1 parking space per 3.5 seats or 3.1 parking spaces per 10 m2
of floor area used by patrons
Outdoor Participant Recreation
Service except for the
following:
1 parking space per 3.5 seats or 3.1 parking spaces per 10 m2
of floor area used by patrons
-
Golf Course
5 parking spaces per hole plus parking requirements for
accessory uses
-
Driving Range
1 parking space per T-box plus parking requirements for
accessory uses
-
Sports Field, in
association with school
and park sites
A maximum of 10 parking spaces per field to be developed
provided that the sports and playing fields are developed prior
to the development of other uses on the site, such as
community recreation service facilities or other school uses.
The number and design of the parking spaces and the
surface treatment of the parking area shall be approved by
the Development Officer in consultation with Transportation
and Streets Department, Community Services Department,
and the School Boards.
Private Club
1 parking space per 3.6 m2 of public space
Public Library and Cultural
Exhibit
1 parking space per 10 m2 of floor area used by patrons
Public or Private Elementary
and Junior High Schools
1.4 parking spaces per classroom
This
calculation
shall
include
the
ultimate
parking
requirements for all potential future school development on-
site, whether contained in a core facility or in attached
portable pods. Actual development of parking spaces may,
however, be phased in accordance with each phase of school
development.
Where the school parking area immediately abuts a parking
area for a community recreation service facility, a maximum
of 50% of the smaller parking requirement between the
school and the community recreation service facility may be
provided by including the parking facilities on the abutting
community recreation service parking area.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 221 of 314
PART 7 - GENERAL REGULATIONS
Public or Private High Schools 1.4 parking spaces for each classroom, plus 1 parking space
for every 10 students
This
calculation
shall
include
the
ultimate
parking
requirements for all potential future school development on-
site, whether contained in a core facility or in attached
portable pods. Actual development of parking spaces may,
however, be phased in accordance with each phase of school
development.
Where the school parking area immediately abuts a parking
area for a community recreation service facility, a maximum
of 50% of the smaller parking requirement between the
school and the community recreation service facility may be
provided by including the parking facilities on the abutting
community recreation service parking area.
Religious Assembly
1 parking space per 4 seats
Spectator Entertainment
Establishment
1 parking space per 3.5 seats or 3.1 parking spaces per 10 m2
of floor area used by patrons
Seniors and Supportive
Housing Facility
6 units or less - 1 parking space per 2 sleeping units plus one
parking space per maximum staff members on shift.
7 units or more - a vehicular parking demand study must be
completed to determine the required number of parking stalls.
Schedule 2 - Loading Spaces Requirement
Use of Building or Site
Total floor area of
Building
Minimum Number of
loading Spaces Required
Any development within the
Commercial or Industrial Use Classes,
excluding Professional, Financial, and
Office Support Services
Less than 465 m2
Greater than 465 m2
2 loading spaces
3 loading spaces
Bylaw 1804-13, as amended
Land Use Bylaw
Page 222 of 314
PART 7 - GENERAL REGULATIONS
7.5
Reserved for Future Use
7.6
Signs
7.6.1
Purpose
1.
The purpose of this Section is to ensure that signs:
a.
do not obstruct the orderly and safe flow of vehicular and pedestrian traffic;
b.
do not create visual or aesthetic blight;
c.
do not unduly interfere with the amenities of the district in which they are
located; and
d.
do not materially interfere with or affect the use, enjoyment, or value of
neighboring properties.
7.6.2
Sign Definitions
1.
A-BOARD SIGN means an A-shaped sign with no external supporting
structure that is set upon, but not attached to, the ground.
2.
AWNING SIGN means a sign incorporated upon or within an awning.
3.
BALLOON SIGN means an air-inflated sign.
4.
BANNER SIGN means a sign constructed from a non-rigid fabric in a banner
style, which is attached to a pole or other structure.
5.
BILLBOARD SIGN means an engineered freestanding sign exceeding 7.5 m2
in sign area for sites with a frontage of up to 30.0 m. and exceeding 8.5 m2 in
sign area for sites with a frontage more than 30.0 m. designed for a changeable
message used generally for off-site and corporate advertising;
6.
CANOPY SIGN means a sign incorporated upon or within a building canopy;
7.
deleted as per Bylaw 1997-21
8.
DEVELOPER MARKETING SIGN means a temporary sign for promoting
vacant lots or show homes in a new subdivision;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 223 of 314
PART 7 - GENERAL REGULATIONS
9.
DEVELOPMENT DIRECTIONAL SIGN means a temporary sign for guiding or
directing pedestrian or vehicular traffic to new subdivisions, new home areas,
or show homes;
10.
DIRECTIONAL SIGN means a sign for directing pedestrian or vehicular traffic
including ingress and egress signs and parking signs, but does not include
advertising, except for a logogram;
11.
ELECTION SIGN means a sign advertising a local candidate and/or party in a
federal, provincial, school board or municipal election;
12.
ELECTRONIC MESSAGE SIGN means a sign or part of a sign on which the
advertising is programmable or changeable by electrical or electronic means;
13.
EVENT DIRECTIONAL SIGN means a temporary sign providing direction to a
non-reoccurring event of less than three (3) days in length; such as a property
auction sale;
14.
FASCIA SIGN means a sign placed flat and parallel to the face, side, or rear
of the building so that no part projects more than 0.4 m from the building;
amended as per Bylaw 1923-19
15.
FENCE SIGN means a sign painted on or attached to a fence;
16.
FIXED SIGN means a sign securely attached to the ground or a building.
17.
FLASHING SIGN means a sign that contains an intermittent or flashing light
source.
18.
FREESTANDING SIGN means a sign anchored into the ground and not
attached to a building which does not exceed 7.5 m2 in sign area for sites with
a frontage of up to 30.0 m. and which does not exceed 8.5 m2 in sign area for
sites with a frontage more than 30.0 m.
19.
GARAGE SALE SIGN means a sign advertising the location and product of a
garage sale.
20.
HOME ADDRESS SIGN means a sign that is no larger than 0.7 m2, which
states only the municipal address and occupant names
21.
HOME BUSINESS SIGN means a sign advertising an approved home
business.
22.
ILLUMINATION means the lighting of any sign by artificial means.
23.
INDIRECT ILLUMINATION means the lighting of a sign by reflected light.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 224 of 314
PART 7 - GENERAL REGULATIONS
24.
LOW SIGN means a freestanding sign with advertising at an elevation at or
less than 3.0 m above grade
25.
MULTIPLE TENANT SIGN means a sign for advertising two (2) or more on-
site developments or businesses.
26.
MUNICIPAL SIGN means a sign erected by the City.
27.
NEIGHBOURHOOD IDENTIFICATION SIGN means a sign for displaying the
name of a City neighbourhood or business park and may include the logogram
of the developer.
28.
NON-FIXED SIGN means any sign that is not a fixed sign.
29.
OFF-SITE ADVERTISING means the advertising of a business, commodity,
service, or entertainment that is conducted, sold, or offered elsewhere other
than the site on which the sign is located.
30.
OPEN HOUSE SIGN means a sign for guiding vehicular traffic and pedestrians
to real estate open house locations.
31.
PEDDLER SIGN means a sign advertising for a business operating from a
temporary location.
32.
PICKET SIGN means a sign driven or pushed into the ground.
33.
POLE SIGN means a sign attached to an onsite light standard or freestanding
sign support structure.
34.
PORTABLE SIGN means a sign, with changeable message, designed to be
readily relocated.
35.
PROJECTING SIGN means a sign that is attached to and supported by a
building and extends at least 0.4 m perpendicular to the building but excludes
a canopy sign.
36.
REAL ESTATE SIGN means a sign for advertising property for sale, lease, or
rent.
37.
REVERSE-T SIGN (not exceeding ninety (90) days) means a sign placed on
the ground surface with a horizontal member used to balance the sign.
38.
ROOF SIGN means a sign located upon, against, or above the roof of a
building, or a sign attached to the roof or parapet of a building.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 225 of 314
PART 7 - GENERAL REGULATIONS
39.
SIGN means a device or structure for providing direction or information to the
public on such things as a development, business, product, service, location,
event, or person.
40.
SIGN AREA means the area of one (1) sign face available for advertising of a
single or multiple faced sign, excluding the main support structure.
41.
SIGN HEIGHT means the vertical distance measured at right angles from the
highest point of the sign or sign structure to the finished grade directly below.
42.
SITE means the legal property identified on the Land Title.
43.
UNDEVELOPED SITE means a site with assessable improvements of less
than $20,000 in value
44.
WALL SIGN means a sign painted on a wall at a level where the bottom of the
sign is less than 2.4 m above grade. amended as per Bylaw 1923-19
45.
WINDOW SIGN means a sign placed on or inside a window that faces the
outside and is intended to be seen from the outside.
46.
ZONING means the property zoning classification as shown on the Land Use
District Map being Part 11, Section 11.1 of the Land Use Bylaw.
7.6.4
Regulations Which Apply to All Signs
1.
Where the regulations require an opinion, it is the opinion of the Development
Authority that is to be considered.
2.
Unless otherwise stated in this Bylaw, all signs require development permits.
3.
Signs shall not be constructed nor located such that they could, in any case be
confused with or detract from a traffic control device or any other municipal
sign or municipal device.
4.
Signs shall not be constructed nor located such that they interfere with the safe
or orderly movement of pedestrians or vehicular traffic, or the sight lines
required under this or any other bylaw.
5.
Unless otherwise stated in this Bylaw, a sign height must not exceed the
maximum building height allowed in the district.
6.
The combined sign area of all signs on a building face shall not be greater than
25% of the overall wall area.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 226 of 314
PART 7 - GENERAL REGULATIONS
7.
The illumination of a sign must not negatively affect, nor pose a safety hazard
to an adjacent site.
8.
Wiring must be fully concealed or in a conduit for electrified signs and comply
with electrical codes.
9.
Signs must be designed and constructed to ensure public safety.
10.
Signs must be of professional quality and kept in good repair.
11.
If a sign fits within two (2) or more sign categories, then the strictest and all
regulations apply.
12.
Except for a municipal sign, a sign otherwise permitted in this Bylaw, or sign
permitted in a contractual agreement with the City, or a sign permitted by the
written approval of the Development Authority, no sign or poster may be placed
on public property, on any median or on any traffic control device, publicly
owned power poles or light standards. Amended per Bylaw 2095-25
13.
No sign shall be placed in a prohibited sign location listed in Section 7.6.5.
14.
The business advertising on any sign that projects over a City sidewalk or road
right-of-way is responsible to keep the sign free and clear of ice and snow that
could fall and injure pedestrians below. The business is also responsible to
ensure that the sign is securely fastened and kept in good order.
15.
Landscaping and paved areas around and under a sign must be maintained to
match the landscaping and paved area nearby the sign.
16.
Non-fixed signs and low signs shall be designed and installed to withstand
80 km winds without being blown over or away.
17.
If a business identified on a sign ceases, all signage referencing that business
must be removed within 30 days.
18.
Where the message on a sign relates to a specific dated event, the message
shall be changed within 48 hours after the end of the event.
7.6.5
Prohibited Sign Placement Locations
1.
No low sign shall be placed on public lands or right or ways.
2.
Other than traffic or municipal signs, no fixed sign shall be placed where any
portion of the sign encroaches onto or over public property or public road rights-
of-way.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 227 of 314
PART 7 - GENERAL REGULATIONS
3.
No sign shall be placed on or over a public sidewalk, unless otherwise specified
in these regulations.
4.
The following locations are prohibited sign location areas:
a.
Where a driveway exits onto a road no portion of a low sign shall be placed
in "the driveway sight lines" as shown in figure 7.6.5.4.a below.
Figure 7.6.5.4.a Driveway Sight Lines
b.
Where a driveway exits onto a road with both right and left turn access no
portion of a low sign shall be placed in the "two way sight lines" as shown
in figure 7.6.5.4.b below.
Figure 7.6.5.4.b Two Way Sight Lines
c.
At intersections, no portion of a low sign shall be placed in the "intersection
sight lines" as shown in figure 7.6.5.4.c below.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 228 of 314
PART 7 - GENERAL REGULATIONS
Figure 7.6.5.4.c Intersection Sight Lines
d.
No low sign, except for A-board signs in C1 districts, shall be placed within
1.5 m from the face of curb within a public roadway.
7.6.6
Signs Considered in Zoning Classifications
1.
In determining where sign types are permitted, or discretionary use refer to
Chart 7.6.6.1.
2.
To determine the regulations for each sign type, refer to Section 7.6.7.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 229 of 314
PART 7 - GENERAL REGULATIONS
Schedule 3 - Zoning Classification
Chart 7.6.6.1
"P" means the sign type is a permitted use in the district
"D" means the sign type is a discretionary use in the district
Sign Type
Residential
Commercial \
Industrial
Other
R1 R2 R3 R4 R5 RMX RMH RE R1N R1A R1R C1 C2 C3 C4 C5 M1 M2 M3 US UR
A-board
D D
P
P
P
D P P
D
Awning
D D
P
P
P P
P
P P
P
D
Balloon
D D D
D D D
Banner
P
P
P P
P
P P
D
Billboard
D
D* D
Canopy
D D
P
P
P P
P
P P
P
Developer Marketing
P P P P P
P
P
P
P
P
P
Development Directional
P P P P P
P
P
P
P
P
P
P
P
P P
P
P P
P
P
P
Directional
P P P
P
P
P P
P
P P
P
Election
P P P P P
P
P
P
P
P
P
P
P
P P
P
P P
P
P
P
Electronic Message (fascia or window)
P
P
P P
P
P P
Electronic Message (freestanding)
D D D D D D D
D
D
Event Directional
D D D D D D D
D
D
Fascia
D D D
P
P
P P
P
P P
P
D
Fence
D
P P
P
Flashing
Freestanding
D D D
P
P
P D P
P P
P
D
Garage Sale
P P P P P
P
P
P
P
P
P
Home Business
P P P P P
P
P
P
P
P
P
Multiple Tenant
P
P
P P
P
P
Municipal
P P P P P
P
P
P
P
P
P
P
P
P P
P
P P
P
P
P
Neighbourhood Identification
D D D D D
D
D
D
D
D
D
D D D D D D D D
D
D
Open House
P P P P P
P
P
P
P
P
P
Peddler
D
D
Picket
P
P
P
P P
Pole
P
P
P P
P
P P
P
Portable
P
P
P
P
P P
P
P
D
Projecting
D
P
P
P P
P
P P
P
D
Real Estate
P P P P P
P
P
P
P
P
P
P
P
P P
P
P P
P
P
P
Reverse-T (not exceeding 90-day use)
P
P
P
P
P P
P
Roof
D P
P D P
P P D
D
Wall
P
P
P P
P
P P
P
D
Window
P
P
P P
P
P P
P
*Billboard Signs are a discretionary use in the M1 Zone only for properties adjacent to 40 Avenue
between the railway tracks and 45 Street and are not permitted in any other areas within the
M1 Zone.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 230 of 314
PART 7 - GENERAL REGULATIONS
7.6.7
Specific Regulations for Particular Sign Types
Signage Related to Cannabis Retail uses added as per Bylaw 1914-18
1.
All signage related to Cannabis Retail must meet the requirements of the
provincial legislation.
7.6.7.1
A-Board Sign
1.
Except in a C1 district, an A-board sign shall:
a.
not exceed 1.0 m in sign height;
b.
not exceed 0.8 m2 in sign area;
c.
must be located on private property;
d.
not be in prohibited sign locations;
e.
only be placed during business hours;
f.
only be placed in front of the business it advertises; and
g.
not located within 6.0 m of any permanent sign.
2.
In a C1 district, an A-board sign shall:
a.
not exceed 1.0 m in sign height;
b.
not exceed 0.6 m in sign width;
c.
not be located within 0.3 m of a curb line of a public roadway;
d.
not be placed so that that walking path width is not reduced to less than
1.2 m unless approved in writing by the development authority;
e.
only be placed in front of the business it advertises;
f.
be located adjacent to a permanent fixture where possible;
g.
not be located within 5.0 m of another A-board sign advertising a business
on the same property; and
h.
only be placed during business hours.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 231 of 314
PART 7 - GENERAL REGULATIONS
7.6.7.2
Awning or Canopy Sign
1.
An awning sign or canopy sign shall:
a.
not exceed a maximum vertical dimension of 1.5 m;
b.
have at least 2.4 m clearance above finished grade;
c.
not be suspended from the support structure in any way that poses a
hazard to pedestrians or vehicles;
d.
not extend above the parapet wall or roof line of the building; and
e.
if on a residential, such as apartments or higher density property the
sign shall:
i. not be greater than 3.0 m2 in sign area;
ii. provide the building name and address only; and
iii. not be illuminated.
7.6.7.3
Balloon Sign
1.
Balloon signs shall:
a.
if mounted on the ground surface of a site:
i.
not exceed 8.0 m in height;
ii.
be located at least 1.5 m from all property lines except for a corner lot
where the sign must be set back a minimum of 6.0 m from all property
lines; and
iii. not interfere with the access to or from the site.
b.
if mounted on a building, shall:
i.
not have a combined building and sign height that exceeds the
maximum building height allowed in the district; and
ii.
be securely fastened to the building as per manufacturer
recommendations.
c. A balloon sign may be illuminated.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 232 of 314
PART 7 - GENERAL REGULATIONS
d. No more than one (1) balloon sign is allowed per site.
e. Balloon sign permits must be obtained every 90 days.
7.6.7.4
Banner Sign
1.
A commercial banner sign can be placed for up to ninety (90) days on
one (1) permit.
2.
A banner sign that is attached to the face of a building must comply with the
dimensional regulations for fascia signs.
7.6.7.5
Billboard Sign
1.
Billboard Sign(s) shall be subject to the following regulations:
a.
Billboard Sign may be allowed only on sites, which are an integral part of
a commercial or industrial strip.
b.
Billboard Sign permits may be approved for a period of one (1) year.
c.
The maximum height of a Billboard Sign shall be 8.0m
d.
No part of any Billboard Sign shall be located within any required yard or
setback.
e.
Billboard sign locations shall be separated from any other billboard sign
on the same side of the street by a minimum of 100.0 m. For billboard
signs with an area of 20.0 m2 to 40.0 m2, this separation shall be increased
to 200.0 m. For billboard signs over 40.0 m2, this separation shall be
increased to 300.0 m. The separation shall be applied from the larger
billboard sign location regardless of the size of any proposed billboard
sign.
f.
Billboard signs may be illuminated.
g.
Billboard signs may include electronic copy or animation, subject to review
of the Development Officer in consultation with qualified City engineering
staff. The applicant shall provide evidence that the proposed copy or
animation does not cause undue distraction to pedestrian or vehicular
traffic.
h.
All proposed billboard sign locations shall be reviewed in the context to the
surrounding development, such as (but not limited to) the architectural
Bylaw 1804-13, as amended
Land Use Bylaw
Page 233 of 314
PART 7 - GENERAL REGULATIONS
theme of the area, any historic designations, the requirements of any
statutory plan, any streetscape improvements and proximity to residential
development. The development officer may require revisions to the
application to mitigate the impact of a proposed billboard sign or may
refuse a permit that, in the opinion of the development officer, adversely
impacts the existing built environment;
i.
All billboards and the foundation for billboards must be designed by a
professional engineer, licensed to practice in the province of Alberta. The
installation of the foundation must be monitored by a professional engineer
with written verification of installation compliance with design being
provided by the engineer to the development officer prior to the installation
of the sign on the foundation.
7.6.7.6
Construction Site Identification Sign
1.
No development permit is required, provided that the sign:
a.
is a freestanding or fascia sign
b.
does not exceed 3.0 m in sign height
c.
does not exceed 3.0 m2 in sign area
d.
is not erected for a period longer than twelve (12) months from the
issuance of a building permit
2.
No more than one (1) construction site identification sign is allowed per site.
3.
Each construction supplier is allowed to place one (1) supplier sign during
construction and for sixty (60) days after occupancy of the building. No permit
is required for the sign, provided:
a.
the sign is less than 3.0 m2 in sign area; and
b.
the sign is a window sign or freestanding sign.
7.6.7.7
Development Directional Sign
1.
A development directional sign must be located on private property adjacent to
an arterial road right-of-way.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 234 of 314
PART 7 - GENERAL REGULATIONS
2.
Development directional signs are discretionary in UR districts, for a period
specified by the Development Officer and permits will be issued for a ninety
(90) day period.
3.
A development directional sign must:
a.
be freestanding;
b.
not exceed 1.5 m2 in sign area;
c.
not exceed 3.0 m in sign height; and
d.
be located a minimum of 30.0 m from any arterial road intersection.
7.6.7.8
Developer Marketing Sign
1.
No permit is required, provided that the sign:
a.
is freestanding;
b.
is not illuminated;
c.
is in a subdivision or development that is subject to a subsisting
development agreement;
d.
does not exceed 3.0 m in sign area; and
e.
does not exceed 3.0 m in sign height.
2.
No more than one (1) developer marketing sign is allowed per parcel of land.
7.6.7.9
Directional Sign
1.
A directional sign must be a freestanding, fascia, or wall sign; and
a.
if freestanding must not exceed 0.6 m in sign area. or 1.2 m in sign height;
and
b.
if a fascia sign, must not exceed 3.0 m.
7.6.7.10
Electronic Message Sign
1.
An electronic message board sign shall not be erected adjacent to a property
within a residential district.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 235 of 314
PART 7 - GENERAL REGULATIONS
2.
An electronic message sign with a sign area greater than 7.5 m2 for sites with
a frontage of up to 30.0 m and exceeding 8.5 m2 in sign area for sites with a
frontage more than 30.0 m must comply with the regulations of
Section 7.6.7.5 - Billboard Sign.
3.
An electronic message sign with a sign area up to 7.5 m2 for sites with a
frontage of up to 30.0 m and with a sign area up to 8.5 m2 for sites with a
frontage more than 30.0 m must also comply with the regulations of
Section 7.6.7.16 - Freestanding Sign.
7.6.7.11
Event Directional Sign
1.
No permit is required for up to five (5) Event Directional Signs per event,
provided the signs: Amended per Bylaw 2095-25
a.
are in place for no more than seven (7) days;
b.
are not greater than 1.5 m2 in sign area;
c.
are not illuminated;
d.
are placed on private property, with written permission from the property
owner;
e.
are not placed on vacant lands; and
f.
are placed on public property, with written permission from the City. and
are placed not less than 3.0 m from the curb.
7.6.7.12
Fascia Sign
1.
A fascia sign shall:
a.
not exceed a maximum vertical dimension of 1.5 m;
b.
have at least 2.7 m clearance above finish grade;
c.
not be suspended from the support structure in any way that poses a
hazard to pedestrians;
d.
not extend above the parapet wall or roof line of the building;
e.
not extend more than 0.4 m perpendicularly from a supporting building
frontage; and
Bylaw 1804-13, as amended
Land Use Bylaw
Page 236 of 314
PART 7 - GENERAL REGULATIONS
f.
if on a higher density residential property shall:
i.
not be greater than 3.0 m in sign area;
ii.
provide the building name and address only; and
iii. not be illuminated.
7.6.7.13
Federal, Provincial, Municipal, or School Election Sign
1.
That Election Signs shall be regulated through the City of Wetaskiwin Election
Signage Bylaw 1879-17. amended as per Bylaw 1882-17
7.6.7.14
Fence Sign
1.
Fence signs are not allowed in residential districts unless they are a property
address sign, an election sign, or a real estate sign. where no permit is
required.
2.
In commercial and industrial districts, fence signs shall not exceed 3.0 m2 in
sign area and shall not extend above the height of the fence.
7.6.7.15
Flashing Sign
1.
Flashing signs are prohibited except for an electronic message sign.
7.6.7.16
Freestanding Sign
1.
In districts where a freestanding sign is a permitted use:
a.
the sign height shall not exceed the maximum building height permitted;
b.
the sign area shall not exceed 7.5 m2 unless the site upon which it is
located has a frontage that is wider than 30.0 m in which case it may be
up to 8.5 m2; and
c.
a freestanding sign must be separated by a minimum of 60.0 m separation
from another freestanding sign on the same property;
d.
A freestanding sign must be separated by a minimum of 60.0 m separation
from a billboard sign on the same side of the street;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 237 of 314
PART 7 - GENERAL REGULATIONS
2.
In districts where a freestanding sign is a discretionary use:
a.
the sign height shall not exceed 4.5 m; and
b.
the sign area shall not exceed 4.0 m2.
3.
Angle bracing of signposts is not permitted.
4.
The backside of a freestanding sign and the supporting posts must be painted
and kept clean.
5.
Freestanding signs must be placed at least 5 m from other properties.
6.
Freestanding signs must be placed at least 1 m inside the private property.
7.
No more than one (1) freestanding sign is allowed per site, except for sites
that are:
a.
greater than 1.0 ha, or that contain commercial buildings with more than
10,000 m2 of gross floor area, where a maximum of three (3) freestanding
signs may be allowed, provided the site is in a C2, C3, C5, M1, or M2
district. and at least 1 of the 3 signs is a multiple tenant sign.
b.
greater than 0.5 ha where a maximum of two (2) freestanding signs may
be allowed, provided the site is in a C2, C3, C5, M1, or M2 district. and the
site contains a commercial building with more than 4000 m2 of gross floor
area, and at least one (1) of the signs is a multiple tenant sign. and
c.
double fronting lots, in which case one (1) freestanding sign is permitted
per fronting side.
7.6.7.17
Garage Sale Sign
1.
Garage Sale signs or notices are only permitted on Community Notice Boards
and at the address of the garage sale, with no permit required.
7.6.7.18
Home Business Sign
1.
Home business signs will be issued a permit provided the sign:
a.
is not greater than 0.14 m2 in sign area;
b.
is not illuminated; and
Bylaw 1804-13, as amended
Land Use Bylaw
Page 238 of 314
PART 7 - GENERAL REGULATIONS
c.
is a window sign that is attached directly to the face of the building or is a
freestanding sign less than 0.6 m in height and placed within 2.0 m of the
residential building.
7.6.7.19
Neighbourhood Identification Sign
1.
A neighborhood identification sign must:
a.
be freestanding;
b.
not exceed 3.0 m2 in sign area;
c.
not exceed 2.4 m in sign height; and
d.
incorporate the neighborhood name specified by the relevant plans or
bylaw in accordance with City policy.
7.6.7.20
Open House Sign
1.
An Open House sign is allowed with no permit required, provided:
a.
the sign is either an A-Board sign or mounted on a stake firmly secured;
b.
the sign is not greater than 0.6 m in width or 1.0 m in height;
c.
the sign is setback at least 1.0 m back from the curb edge;
d.
the sign is placed on private property;
e.
the sign indicates only the company logo, directional arrows, the
salespersons' name, and the words Open House or Show Home;
f.
the sign is only placed between 8:00 a.m. and 9:00 p.m., provided the
open house or show home is in operation; and
g.
no more than one (1) sign per company is placed at any intersection.
7.6.7.21
Peddler Sign
1.
A permit will be issued for a peddler sign provided the sign is:
a.
on the same site as the business;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 239 of 314
PART 7 - GENERAL REGULATIONS
b.
on an A-board sign as per the regulations in 7.6.7.1; and
c.
for businesses licensed to operate within the City.
7.6.7.22
Picket Sign
1.
Picket signs are allowed with no permits required in C2, C3, C5, M1, and M2
districts, provided the sign advertises for a business located on the site.
2.
Picket signs shall not be greater than 0.7 m in height.
3.
No more than two (2) picket signs shall be placed in front of any site.
4.
Picket signs shall be completely located on private property.
7.6.7.23
Pole Sign
1.
Pole signs must:
a. be entirely located on private property, including projections; and
b. not be located within 5.0 m of the boundary of another site.
7.6.7.24
Portable Sign
1.
Portable signs are intended for temporary on-site advertising relating to the
commercial activities of the landowners or tenants. Portable signs may only be
located on a site not related to the location of an activity or event only in the
case of a non-profit organization.
2.
Permit applications for portable signs must include:
a.
a completed sign permit application form;
b.
a site plan showing the proposed location of the site; and
c.
the applicable fee.
3.
deleted as per Bylaw 1923-19
Bylaw 1804-13, as amended
Land Use Bylaw
Page 240 of 314
PART 7 - GENERAL REGULATIONS
4.
Portable signs are permitted uses in C1, C2, C3, C5, M1, M2, M3 and US
districts and in association with churches and public schools in any land use
district provided that the sign:
a.
does not exceed 5.6 m2 in sign area;
b.
does not exceed a height of 2.7 m from grade;
c.
is located a minimum of 1.0 m from the frontage property line inside
the site;
d.
is not located within 5.0 m of the boundary of another site;
e.
is two (2) sided only, with advertising on both sides of the sign and that the
advertising refers to a business, event, or land use located on the site;
f.
is placed so the sign is within 75.0 mm if being horizontally level;
g.
is securely but not permanently fastened to the ground;
h.
site frontage will be used to calculate the number of portable signs allowed
per site;
i.
portable signs must be 90.0 m away from other portable signs on the same
site, while also considering prohibited locations;
j.
if sign's message is interfered with, the permit holder must ensure the
message is corrected within forty-eight (48) hours of being notified by the
development authority;
k.
the sign cannot be attached to a roof, or erected or placed on, or above
a roof;
l.
the portable sign must have a uniform background color;
m. where the message on a portable sign relates to a specific dated event,
the date shall be removed within forty-eight (48) hours after the end of the
event or shall be subject to a violation notice and applicable fee.
n.
an off-site portable sign permit may be issued for up to thirty (30) days
provided:
i. the sign meets the placement criteria as outlined in this Bylaw;
ii. the sign is used by a non-profit organization; and
Bylaw 1804-13, as amended
Land Use Bylaw
Page 241 of 314
PART 7 - GENERAL REGULATIONS
iii. a letter from the property owner authorizing the use of the property is
attached to the application.
7.6.7.25
Projecting Sign
1.
A projecting sign is a permitted use in C1, C2, C3, C4, C5, M1, M2, and M3
districts.
2.
A projecting sign is a discretionary use in US, DC1, and DC4 districts.
3.
A projecting sign must:
a.
not exceed 1.5 m2 in sign area;
b.
be placed so that the distance between the nearest edge of the sign and
the building to which it is attached, does not exceed 0.35 m;
c.
provide a minimum vertical clearance of 2.7 m from finished grade to the
bottom of the sign;
d.
not project over public property, other than in a C1 district, in which case
the sign is set back 0.7 m from a curb line and the owner accepts full
liability for the sign;
e.
have proper clearance from any electrical power lines or other utilities and
provide for safe pedestrian movement or any other activities or use
underneath the projecting sign; and
f.
except for corner locations, be located at right angles to the building
facade.
7.6.7.26
Real Estate Sign
1.
No development permit is required, provided:
a.
the sign is a freestanding or fascia sign;
b.
that in other than R1 and R2 districts, the sign does not exceed 3.0m in
sign height or 3.0 m2 in sign area;
c.
that in R1 and R2 districts, the sign does not exceed 1.7 m in sign height
or 0.6 m2 in sign area; and
Bylaw 1804-13, as amended
Land Use Bylaw
Page 242 of 314
PART 7 - GENERAL REGULATIONS
d.
that the sign advertises only the site upon which the sign is located.
2.
No more than one (1) real estate sign is allowed per site frontage.
3.
In residential districts, the real estate signs must be located on property at least
1m from public sidewalks.
7.6.7.27
Reverse-T Sign
1.
Reverse-T signs may be used as a temporary sign during the winter season
(November 1 to April 30) in place of a freestanding sign provided a permit is
obtained.
2.
Professionally manufactured small Reverse-T signs, that meet the size
regulations of A-board signs, can follow the regulations of A-board signs.
3.
A Reverse-T sign shall:
a.
not exceed 3.0 m2 in sign area;
b.
be placed at least 1m into the private property;
c.
be securely but not permanently fastened to the ground; and
d.
be maintained to its original approved design.
4.
A ninety (90) day permit will be issued for Reverse-T signs and are subject to
a $50.00 permit fee.
7.6.7.28
Roof Sign
1.
A roof sign must not exceed 6.0 m2 in sign area.
2.
The maximum vertical dimension of a roof sign, measured from the roof or
parapet where the sign is located, is 3.0 m, however, the height of the sign,
added to the building height, must not exceed the maximum height
requirements of the district.
3.
No more than one (1) roof sign is allowed per building.
4.
A roof sign shall not overhang a building.
5.
A roof sign may be illuminated.
7.6.7.29
Signage Related to Cannabis Retail uses
Bylaw 1804-13, as amended
Land Use Bylaw
Page 243 of 314
PART 7 - GENERAL REGULATIONS
1.
All signage related to Cannabis Retail must meet the requirements of provincial
legislation.
7.6.7.30
Wall Sign
1.
The area of a wall sign that is part of a wall mural will be calculated based on
the rectangular area of the advertising and must not exceed 20% of the wall.
7.6.7.31
Window Sign
1.
No permits are required for window signs.
7.6.8
Exempt Sign
1.
Provided they otherwise comply with this Bylaw, a development permit is not
required for:
a.
signs posted or exhibited inside a building;
b.
window signs, provided they are not for the purpose of advertising a minor
or major home based business or home office;
c.
signs posted or exhibited in or on an operating motor vehicle, provided the
vehicle is not temporarily or permanently parked for the purpose of
displaying the sign;
d.
municipal or provincial signs;
e.
signs displayed on benches approved by the City;
f.
signs located on a community notice board;
g.
signs erected pursuant to a development agreement;
h.
emergency or warning signs placed on a public building, lot, or utility lot; or
i.
home address signs.
7.6.9
Development Officer Discretion
Bylaw 1804-13, as amended
Land Use Bylaw
Page 244 of 314
PART 7 - GENERAL REGULATIONS
1.
Although this Bylaw is intended to regulate all signs, there may be signs without
clear regulation. In such a case, the Development Officer may use discretion
when making decisions regarding such signs. These decisions require
notification of the decision to property owners within 76.0 m of the subject
property.
7.6.10
Existing Signs
1.
All fixed signs that have been issued a development permit prior to the adoption
of these regulations are allowed to stay without conforming to these regulations
(considered legal non-conforming).
2.
All fixed signs that have not been issued a development permit and were in
place prior to this regulation, advertising an onsite business, that do conform
with this regulation will be issued a development permit at no cost.
7.6.11
Contravention
1.
The offences and fees for contravention to this Section of the Land Use Bylaw
are outlined in Part 10.
2.
Notwithstanding Part 10, where any sign is in such a manner as to cause public
safety concerns, the Development Officer or Bylaw Enforcement Officer may
have the sign immediately removed from the area.
7.6.12
deleted as per Bylaw 1923-19
7.7
Lot Grading and Property Drainage
1.
All development applications must meet the requirements of the City of
Wetaskiwin Surface Drainage Bylaw.
2.
All development applications for development on residential properties must
conform to the residential lot grading guidelines, which fall under the City of
Wetaskiwin Surface Drainage Bylaw.
3.
All development applications for development on commercial and industrial
properties must conform to the commercial lot grading guidelines, which fall
under the City of Wetaskiwin Surface Drainage Bylaw.
4.
All developments where grading is regulated by the Design Standards shall
conform to the minimum standards of the Design Standards.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 245 of 314
PART 7 - GENERAL REGULATIONS
5.
All roofs on buildings that have over 60 m2 in roof area, where the roof
terminates within 2.0 m of a property boundary shall be equipped with either
roof drains or eavestroughs. Where eavestroughs are used the downspouts
shall not discharge within 0.3 m of the property line.
7.8
Landscaping and Screening
7.8.1
Section Purpose
1.
The intent of these Landscaping regulations is to contribute to a reasonable
standard of livability and appearance for developments, from the initial
placement of the Landscaping through to its mature state, to provide a positive
overall image for Wetaskiwin and to encourage good environmental
stewardship.
7.8.2
Applicability
1.
The provision of Landscaping, in accordance with this Bylaw, shall be a
condition of the issuance of a Development Permit for any of the following types
of new development:
a.
single dwelling; semi-detached, duplex, triplex, and fourplex housing;
and secondary suite in any residential district;
b.
townhomes and apartment buildings;
c.
any development in a commercial district;
d.
any development in an Industrial district;
e.
any development in the urban reserve or urban service district; and
f.
any development in all direct control district specifically modified or
excluded in writing on the permit.
2.
The provision of landscaping, in accordance with this Bylaw, shall also be a
condition of the issuance of a development permit related to an existing
development if the existing development shall be, because of the work that is
the subject of the development permit, substantially enlarged or increased in
capacity. This Section shall not apply to developments that consist solely of
interior alterations or improvements or change of use that does not alter the
building shell.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 246 of 314
PART 7 - GENERAL REGULATIONS
3.
Landscaping for single dwelling buildings, semi-detached, duplex, triplex, and
fourplex housing, and secondary suite housing shall be provided in accordance
with the following:
a.
the owner of the property, or the owner's successors or assignees, shall
be responsible for the placement and proper maintenance of landscaping
on the site. The Development Officer may require, as a condition of
development permit approval, that the owner provide a guaranteed
security in accordance with the provisions of subsection 7.8.6 of this
Bylaw;
b.
all yards, visible from a public roadway, other than a lane, on a site
developed with a single dwelling building, semi-detached housing, duplex
housing, triplex housing and fourplex housing and secondary suite
housing shall be seeded or sodded within eighteen (18) consecutive
months of the occupancy of the development. Alternate forms of
landscaping, including hard decorative pavers, washed gravel, shale or
similar treatments, flower beds or cultivated gardens, may be substituted
for seeding or sodding, provided that all areas of exposed earth are
designed as either flower beds or cultivated gardens;
c.
each site developed with a single dwelling, semi-detached, duplex, triplex,
and fourplex housing, and secondary suite housing shall have a minimum
of 35% of the site being covered with soft landscaping; and
d.
the tree and shrub planting requirements of Subsection 7.8.4(6) shall not
apply to single detached, semi-detached, duplex, or secondary suite
housing.
7.8.3
Landscape Plan and Content
1.
Every application for a development listed in Subsection 7.8.2(1) (b) through
(e) shall include a Landscape Plan, drawn at a scale of 1:300 or larger, which
clearly indicates and accurately identifies the following:
a.
a key plan with a north arrow;
b.
the property lines and dimensions of the site;
c.
the approximate or estimated location of land uses, building perimeters,
and landscaping on adjacent sites;
d.
adjacent public area features, such as streets, lanes, driveways, vehicular
entrances, street furniture and boulevard trees;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 247 of 314
PART 7 - GENERAL REGULATIONS
e.
overhead, surface, and underground utilities, and limits of easements;
f.
outlines of all site structures to include the building footprints at grade,
location and type of underground structures, and overhangs within the first
two (2) storey;
g.
building entrances, porches, decks, steps, walkways, other hard surfacing
or hard landscaping features, parking areas, curbs, lighting, fencing, walls,
screens, recreational facilities, and garbage collection areas. Materials,
colors, and patterns shall be indicated;
h.
existing and final site grading, including the established lot boundaries,
elevations, berming shown in half-metre contours, direction of site
drainage, proposed catch basin rim elevations, top and bottom of retaining
wall elevations and existing elevations of plant material to be retained;
i.
the height and materials of all fencing, screens, and walls;
j.
existing trees and shrubs labeled by common name, botanical name, size,
and condition of health. The sizes shall be graphically illustrated by the
spread or canopy. In addition, the caliper of tree trunks shall be identified.
The landscape plan shall graphically illustrate the spread of the trees to
be removed or relocated by the proposed construction;
k.
proposed trees, shrubs, flower beds, and ground covers labeled by
common name, cross-referenced with a plant list identifying botanical
name, quantity, size, and method of planting; and
l.
the method of watering the proposed landscaping.
2.
The Development Officer may consider an application for a development
permit that does not provide all the information required by Subsection 7.8.3(1)
if, in the opinion of the Development Officer, the information provided is
sufficient to show that the landscaping provisions of the bylaw shall be met.
3.
The Development Officer shall approve the landscape plan as a condition of
the development permit approval. Any changes to an approved landscape plan
require the approval of the Development Officer prior to the landscaping being
installed.
7.8.4
General Requirements
1.
All open space including required yards, at grade amenity areas, private
outdoor amenity areas and separation spaces shall be landscaped with trees,
Bylaw 1804-13, as amended
Land Use Bylaw
Page 248 of 314
PART 7 - GENERAL REGULATIONS
shrubs, flower beds, grass, ground cover or suitable decorative hard surfacing,
in accordance with the landscape plan submitted pursuant to Subsection 7.8.3
and approved by the Development Officer. This requirement shall not apply to
those areas designated for parking and circulation, which shall be landscaped
in accordance with Subsection 7.8.8 of this Bylaw. The Development Officer
may require landscaping of areas within a site that are intended for future
development if, in the opinion of the Development Officer, the lack of
landscaping creates a potential negative visual impact, given the visibility of
these areas from adjacent properties and public roadways.
2.
Hard surfaced areas such as walkways and plazas shall be enhanced with
landscaping, at the discretion of the Development Officer. Provision shall be
made for adequate on-site pedestrian circulation, by means of sidewalks or
walkways, to connect with public sidewalks and walkways adjacent to
roadways or within rights-of-way abutting the site.
3.
Any parking lot having eight (8) or more parking spaces that is visible from an
adjoining site in a residential or commercial zone, or from a public roadway
other than a lane, shall have perimeter planting. The location, length,
thickness, and height of such perimeter planting at maturity shall, in
conjunction with a change in grade or other natural or man-made features, be
sufficient to provide substantial interruption of the view of the parking area from
any adjoining residential or commercial zone and enhance the view of the
parking area from any adjacent public roadway or light rail transit line.
4.
Any trash collection area, open storage area, or outdoor service area, including
any loading, unloading or vehicular service area that is visible from an adjoining
site in a residential or commercial zone, or from a public roadway other than a
lane, shall have screen planting. The location, length, thickness, and height of
such screen planting at maturity shall, in conjunction with a change in grade or
other natural or man-made features, be sufficient to block the view from any
adjoining residential or commercial zone, or from the public roadway. Such
screen planting shall be maintained to provide effective screening from the
ground to a height of 1.85 m. If, in the opinion of the Development Officer,
screen planting cannot reasonably be expected to survive, earth berming,
masonry walls, wood fencing or other man-made features may be permitted as
a substitution.
5.
If the height of materials in an outdoor storage area would limit the
effectiveness of screen planting required by Subsection 7.8.4(4), a fence, wall,
earth berm, or a combination thereof, may be substituted, subject to the
approval of the Development Officer.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 249 of 314
PART 7 - GENERAL REGULATIONS
6.
Trees and shrubs shall be provided in accordance with Subsection 7.8.8. For
development consisting of residential use classes, the number of trees and
shrubs provided shall be determined based on the following:
a.
one (1) tree for each 35.0 m2 and one (1) shrub for each 15.0 m2 of any
required yard or setback at grade; and
b.
one (1) tree for each 20.0 m2 and one (1) shrub for each 10.0 m2 of
required parking area islands. In no case shall there be less than one (1)
tree per required parking area island.
7.
For development consisting of non-residential use classes, the number of trees
and shrubs provided shall be determined based on the following:
a.
one (1) tree for each 25.0 m2 and one (1) shrub for each 15.0 m2 of any
required yard or setback at grade; and
b.
one (1) tree for each 20.0 m2 and one (1) shrub for each 10.0 m2 of
required parking area islands. In no case shall there be less than one (1)
tree per required parking area island.
8.
Existing vegetation shall be preserved and protected unless removal is
demonstrated, to the satisfaction of the Development Officer, to be necessary
or desirable to efficiently accommodate the proposed development. Trees and
shrubs preserved on the site may, at the discretion of the Development Officer,
be credited to the total landscaping requirements.
9.
All planting shall be installed to the finished grade. Where this is not practical
in the opinion of the Development Officer, planters may be used. Such planters
shall be of adequate design, having sufficient soil capacity and insulation to
promote healthy growth.
10.
The Development Officer may, where the Development Officer considers it
appropriate, vary any or the entire general landscaping regulations of this
Bylaw. Before granting a variance of the landscaping regulations, the
Development Officer may require the applicant seeking the reduction of the
minimum landscaping standards of this Bylaw to submit a report from a
qualified landscape professional, such as a horticulturist, or landscape
architect, explaining and justifying the reduction.
7.8.5
Additional Landscaping Regulations for Specific Land Uses
1.
The Development Officer shall require the application of additional landscaping
regulations to those specified in Subsection 7.8:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 250 of 314
PART 7 - GENERAL REGULATIONS
a.
there is a likelihood that the proposed development shall generate
undesirable impacts on surrounding sites, such as poor appearance,
excessive noise, light, odors, traffic, litter, or dust;
b.
there is a likelihood that undesirable impacts may be generated on the
site, and cause conflicts among use classes within the development; or
c.
such additional landscaping is warranted due to combinations of use
classes including, but not limited to the following:
i.
townhome development, where the private outdoor amenity area of
the townhome units faces single dwelling buildings or sites zoned for
single dwelling buildings as a permitted use, public roadways other
than lanes;
ii.
low rise apartments, where developed on an infill basis abutting
existing single detached housing or land sites for single detached
housing as a permitted use;
iii. religious assembly development directly adjacent to a residential use
class;
iv. any non-accessory parking development; or
v.
vehicle oriented uses where located on a site adjacent to residential
uses.
2.
The additional landscaping that may be required at the discretion of the
development officer may include, but is not limited to, the following:
a.
additional separation space between incompatible use classes;
b.
the use of trees, shrubs, fences, walls, and berms to buffer or screen use
classes that generate negative impacts; and,
c.
the use of trees, shrubs, planting beds, street furniture, and surface
treatments to enhance the appearance of a proposed development.
3.
The Development Officer may consult with a qualified landscape professional,
such as a horticulturist or landscape architect, in determining if additional
landscaping requirements are to be imposed, and the type of additional
landscaping required.
7.8.6
Landscaping Letters of Credit
Bylaw 1804-13, as amended
Land Use Bylaw
Page 251 of 314
PART 7 - GENERAL REGULATIONS
1.
The Development Officer may require, as a condition of development permit
approval, a guaranteed security, from the property owner, to ensure that
landscaping is provided and maintained for two growing seasons. Only the
following forms of security are acceptable:
a.
cash to a value equal to 100% of the landscaping cost; or
b.
an irrevocable Letter of Credit in the amount of 100% of the landscaping
cost.
2.
The projected cost of the landscaping shall be calculated by the owner or the
owner's representative and shall be based on the information provided on the
landscape plan. If, in the opinion of the Development Officer, these projected
costs are inadequate, the Development Officer may establish a higher
landscaping cost figure for the purposes of determining the value of the
landscaping security.
3.
If cash is offered as the landscaping security, it shall be held by the City without
interest payable until, by confirmation through inspection by the Development
Officer, the landscaping has been installed and successfully maintained for two
(2) growing seasons. Partial refund after installation of the landscaping or after
one (1) growing season shall be considered upon request of the owner, at the
sole discretion of the Development Officer.
4.
If a Letter of Credit is offered as the landscaping security, it shall be in a form
satisfactory to the Development Officer. The initial term of the Letter of Credit
shall be one (1) year. The Letter of Credit shall be renewed by the owner thirty
(30) days prior to expiry and delivered to the Development Officer until such
time as the landscaping has been installed and maintained for two (2) growing
seasons.
5.
Upon application by the owner or the owner's representative, a Letter of Credit
may be amended to a reduced amount, for attachment to the original Letter of
Credit, at the discretion of the Development Officer, when any of the following
events occur:
a.
the required landscaping has been properly installed; and
b.
the required landscaping has been well maintained and is in a healthy
condition after one (1) growing season.
6.
Upon application by the owner or the owner's representative, a Letter of Credit
shall be fully released if the required landscaping has been well maintained
and is in a healthy condition after two (2) growing seasons.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 252 of 314
PART 7 - GENERAL REGULATIONS
7.
Any Letter of Credit shall allow for partial draws by the City if the landscaping
is not completed in accordance with the approved landscape plan(s) within one
(1) growing season after completion of the development; or the landscaping is
not well maintained and in a healthy condition two (2) growing seasons after
completion of the landscaping. The City may draw on a cash security or a Letter
of Credit and the amount thereof shall be paid to the City for its use absolutely.
All expenses incurred by the City, to renew or draw upon any Letter of Credit,
shall be reimbursed by the owner to the City by payment of invoice or from the
proceeds of the Letter of Credit.
8.
In the event the owner does not complete the required landscaping or fails to
maintain the landscaping in a healthy condition for the specified periods of time,
and the cash or the proceeds from the Letter of Credit are insufficient for the
City to complete the required work, should it elect to do so, then the owner
shall pay such deficiency to the City immediately upon being invoiced. The City
shall provide an accounting to the owner indicating how the proceeds of the
Letter of Credit were applied, within sixty (60) days of completing or maintaining
the landscaping.
7.8.7
Inspections
1.
Upon receipt of a written request from the parties involved in the development,
including but not limited to the property owner, condominium association or the
issuer of the Letter of Credit, the Development Officer shall complete an
inspection of the finished landscaping. Inspections shall be made during the
normal growing season, between May 01 and September 30. All reasonable
effort shall be made by the Development Officer to perform the inspection
within twenty (20) working days of receipt of the inspection request.
7.8.8
Specifications for Plant Materials
1.
All plant materials shall be hardy to the Wetaskiwin area and to the actual site
conditions. The Development Officer shall use the most current edition of the
Alberta Horticultural Guide as a reference.
2.
All plant materials shall meet the horticultural standards of the most current
edition of the Guide Specifications for Nursery Stock, produced by the
Canadian Nursery Trade Association.
3.
All planting shall conform to the following:
a.
the proportion of deciduous to coniferous trees and shrubs shall be
approximately 50:50; and
Bylaw 1804-13, as amended
Land Use Bylaw
Page 253 of 314
PART 7 - GENERAL REGULATIONS
b.
the following mix of tree sizes shall be used:
i.
50% of required deciduous trees shall be a minimum 50.0 mm caliper
and 50% shall be a minimum 75.0 mm caliper; and
ii.
75% of required coniferous trees shall be a minimum of 2.5 m in height
and 25% shall be a minimum 3.5 m in height.
4.
The regulations regarding the required specifications for plant materials of this
Bylaw may be waived by the Development Officer at the request of a qualified
landscape professional, such as a horticulturist or landscape architect, acting
on behalf of the property owner.
7.9
Building Separations
1.
In addition to the required building setbacks from property lines all buildings
must be separated from all other buildings on the same site by a minimum of
2.0 m measured from the wall of one (1) building to the wall of any other
building and must meet or exceed the limiting distance requirements of the
Alberta Building Code.
2.
The wall construction and the exterior finishes of the walls must meet or exceed
the minimum requirements of the building code based on the distance between
buildings.
3.
The minimum distance measured from the eave of one (1) building to the wall
of another building on the same site shall not be less than 1.4 m.
4.
The minimum distance between the eave of one (1) building to the eave of
another building on the same site shall not be less than 0.8 m.
5.
Where the wall of one (1) principal building is within 3.2 m of another principal
building on the same site or adjacent site and where one building and where
one (1) of the building's eaves are 1.5 m or greater above the eaves of at
adjacent building, the wall of the taller building must have an exterior finish that
is of non-combustible material and the taller building must have the eaves
protected to reduce the risk of fire spread from building to building.
7.10
Lighting of Sites
1.
Any outdoor lighting for any development shall be located and arranged so that
no direct rays are directed at buildings or private spaces on any adjoining
properties, or that interfere with the effectiveness of any traffic control devices.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 254 of 314
PART 7 - GENERAL REGULATIONS
7.11
Building Design, Character, and Exterior Treatment
1.
The exterior design of a new building and the quality of the exterior building
finishes shall be completed within eighteen months of the issuance of the
development permit;
2.
The exterior design and character of a building being considered for a
development permit shall be approved by the Development Authority who shall
be guided by the following principles:
a.
Residential Districts
i.
the building is designed to limit perceived building mass and large
building surfaces;
ii.
large surfaces may be broken up by using a combination of exterior
building finishes;
iii. the building finishes should either be of types and colors that are
typical for the construction of the time or suited to be similar with those
already in the neighbourhood;
iv. roof slopes and roof styles should be used that are within a
reasonable range of those that are characteristic of the
neighbourhood; and
v.
the style and character of accessory buildings shall be of similar style
and complimentary to the principal building.
b.
Commercial Districts
i.
all buildings on a site shall be constructed using similar architectural
theme and exterior finishes, and colours unless the function of
individual buildings dictates a specific style or image associated with
a company. In such instances, development must maintain harmony
in terms of building lines, mass, as well as quality and colour of
exterior treatment;
ii.
all mechanical equipment, including roof mechanical units, shall be
concealed by screening in a manner compatible with the architectural
character of the building, or concealed by incorporating it within the
building roof;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 255 of 314
PART 7 - GENERAL REGULATIONS
iii. where a building has a floor area of greater than 2000.0 m2 or has an
exterior wall length greater than 30.0 m that is directly visible from a
public roadway the roof line and building facade shall include design
elements that reduce the perceived mass of the building and add
architectural interest. As well, the use of landscaping adjacent to
exterior walls which are visible from adjacent public roads, other than
lanes, to minimize the perceived mass of the building and to create
visual interest.
c.
Industrial Districts
i.
all buildings shall be constructed and finished with new durable
materials designed to maintain the initial appearance of the
development throughout the life of the project.
d.
All Other Districts
i.
shall be to the satisfaction of the Development Authority.
7.12
Excavation and Stripping of Land
1.
For the purpose of this Section, excavation shall mean excavation other than
for construction or building purposes, including but not limited to, sand and
gravel mining, topsoil stripping, and construction of artificial bodies of water.
2.
A person wishing to excavate, strip, or grade land shall provide the following
details in the application: amended by Bylaw 1997-21
a.
the location and area of the site on which the excavation, stripping, or
grading is to take place;
b.
the existing land use and vegetation;
c.
the type and dimensions of the excavation to be made, and the effect on
existing drainage patterns;
d.
the condition in which the excavation is to be left when the operations are
complete, or the final disposition to be made of the area from which the
topsoil is to be removed, including the action that is to be taken for
restoring the condition of the surface of the land to be affected, for
preventing, controlling, or lessening the creation of erosion or dust from
the land; and
e.
if the application coincides with a subdivision of land or a site that is subject
to an approved area structure plan, that appropriate drawings stamped by
Bylaw 1804-13, as amended
Land Use Bylaw
Page 256 of 314
PART 7 - GENERAL REGULATIONS
appropriate professionals shall be submitted for review and consideration
by the engineering department and consideration.
3.
The Development Officer shall consider every application for a permit to
excavate land, and shall not issue a permit unless the Development Officer is
satisfied that:
a.
the operation shall be carried out to create a minimum of dust and
environmental disturbance;
b.
the operation is one that, in the opinion of the Development Officer, is
reasonably necessary for the use and development of the land in question,
considering the need for preservation of prime agricultural land, the need
for natural preservation, and the future need for soil on the site;
c.
the operation shall not destroy, disturb, or alter any historical resource
designated in accordance with the Alberta Historical Resources Act;
d.
the operation shall not deter future development of the site; and
e.
the operation will not leave the site in a condition that is not safe and is not
easily maintained to an acceptable visual standard.
5.
The Engineering department has been consulted and supports approval of the
application with or without conditions.
6.
The Development Officer may require, as a condition of issuing a permit to
excavate land, that the applicant take the precautions and follow the methods
prescribed by the Development Officer for the prevention, or control of dust, or
any other nuisance caused by the proposed operation, and for the reclamation
of the site if required.
7.
The Development Officer may require that cash security be provided to ensure
that the project is carried out in its entirety to the standards specified.
7.13
Utility Services to Sites
1.
Where an unserviced site exists and municipal water, sanitary sewer, and or
storm sewer service mains are available, and a development permit application
is made to construct or place a building on the site that requires service
connections, the owner must enter into a development agreement with the City
regarding the cost of installing the necessary services.
2.
Where an infill site exists that has been previously developed and the site was
serviced with water and or sanitary sewer, and a development permit
Bylaw 1804-13, as amended
Land Use Bylaw
Page 257 of 314
PART 7 - GENERAL REGULATIONS
application has been made to construct a building on the site, depending on
the age of the service, the materials used, and the condition of the existing
services the applicant of the permit or the owner of the property may be
required to install new water and sanitary sewer services to the site from the
municipal mains and, if the old services are not used, will be required to pay
the cost to remove the municipal services. The costs include road subbase and
surface repair, curb and gutter repair, sidewalk repair, and boulevard
landscaping.
3.
Where a serviced site exists and a development permit application has been
made to construct a building on the site where the existing services do not
meet the size and capacity necessary to provide service to the proposed
building or site, the owner must enter into a development agreement regarding
the costs of installing the necessary services and restoring the surface and
subsurface infrastructure.
4.
Where a development permit application is made and due to building and fire
codes a fire hydrant is required, the owner must enter into a development
agreement regarding the cost of the necessary water service, the fire hydrant
and related values and mains to serve the hydrant.
5.
Prior to the commencement of the work to install, remove or replace water,
sanitary sewer, or storm sewer services, or install a fire hydrant the applicant
must:
a.
have a contractor deemed qualified by the City obtain a Permit to
Construct from the City's Engineering department for the proposed work;
b.
provide the necessary cash security to the City to ensure that the work will
be completed to the City's Design Standards;
c.
arrange a satisfactory time frame with the City's Engineering department
for the work to be completed.
7.14
Sidewalk and Curb Crossings
1.
Where a development permit application has been made for a residential
building on a site and a straight-faced curb is in place on the municipal road
adjacent to the site and where it is desired to have vehicular access to the site,
if the vehicular access is permitted pursuant to Section 7.17, the owner may
be required to enter into a development agreement with the City regarding the
cost of modifications to the curbs and sidewalks and regarding the standards
to which the modifications shall be completed.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 258 of 314
PART 7 - GENERAL REGULATIONS
2.
Where a development permit application has been made for a development
that is on a site that is classified for commercial, industrial, or institutional
development and vehicular access is required to the site, and the vehicular
access is permitted pursuant to Section 7.17, the owner may be required to
enter into a development agreement with the City regarding the cost of
modifications to the curbs and sidewalks and regarding the standards to which
the modifications shall be completed.
3.
If the above clauses 1 or 2 apply, then prior to the commencement of the work
to remove or replace a portion of curb and gutter and or sidewalk to provide
vehicular access to a site the applicant must:
a.
have a contractor deemed qualified by the City obtain a Permit to
Construct from the City's Engineering department for the proposed work;
b.
provide the necessary cash security to the City to ensure that the work will
be completed to the City's Design standards;
c.
arrange a satisfactory time frame with the City's Engineering department
for the work to be completed.
7.15
Corner and Double Fronting Lot
1.
Where a site is adjacent to two (2) streets, the Development Authority has the
exclusive decision making power in determining which street shall be
determined as the front street for the purpose of setbacks from property lines
and regulations within the bylaw.
2.
In making the decision, the Development Authority shall consider how the
placement of buildings will affect the use and enjoyment of adjacent properties
and how the decision will affect the intended layout of the neighbourhood.
3.
Where the driveway of a residential garage accesses onto a street determined
to be a side yard, the wall of the detached garage that has the vehicle access
must be setback from property lines by a minimum of 5.5 m.
4.
Where a building is proposed with an attached garage on a corner lot, the
garage must be placed closest to the side of the lot that is farthest from the
intersection.
5.
Where a site is adjacent to where two (2) public roads intersect, where a road
intersects with a lane, or where a road or lane intersects with a perpendicular
public walkway or park, the Development Authority, at their sole discretion, may
restrict or limit any development, fences or other visual obstructions within a
Bylaw 1804-13, as amended
Land Use Bylaw
Page 259 of 314
PART 7 - GENERAL REGULATIONS
triangle measured 8.0 m from the edges of the roads that may reduce visibility
and safety at the intersection.
6.
Notwithstanding any other provision of this Bylaw, no person shall place or
maintain any object, structure, fence, hedge, shrub, or tree in or on that part of
a corner lot located within any district other than C1 Downtown Commercial,
which lies within a triangle formed by a straight line drawn between two (2)
points on the closest roadway curbs of the intersecting streets or lanes 8.0 m
from the point where the curbs would intersect if extended in a straight line.
7.
Where two (2) streets, lanes, or a street and lane intersect in the C1 Downtown
Commercial District, a minimum corner cut-off building restriction of 2.0 m will
be required.
7.16
Development on a Utility Right of Way
1.
The applicant for a development permit is responsible to provide a copy of all
registered utility right of way documents registered against the subject site.
2.
Where a utility right of way is registered on the title of a property, no
development permit will be issued for a building or use that contravenes the
rights of the grantee within the utility right of way document unless written
consent has been obtained from the grantee.
3.
Where a historical utility right of way exists and there is no evidence of an
operating underground or overhead utility within the right of way, the
Development Officer can consider issuing a development permit after
consultation with all utility companies.
4.
Where a known essential service utility main or primary line exists and no utility
right of way is registered on the title of the property, the Development Officer
may refuse or delay the approval of the application until an appropriate right of
way is registered on the title of the property.
5.
No building footing or cantilevered portion of the building or roof eave shall
encroach into or above a utility right of way unless written consent has been
obtained from the grantee.
6.
Driveways, sidewalks, landscaping, fences. and parking lots may be allowed
on a utility right of way; however, are subject to compliance with the registered
utility right of way documents.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 260 of 314
PART 7 - GENERAL REGULATIONS
7.17
Vehicular Access to Sites
1.
If a front attached garage is a permitted use, a rolled curb is provided, and the
adjacent road is not an arterial roadway and vehicular access will be permitted
from the adjacent road to the driveway leading to the attached garage.
2.
If a lane exists, driveway access to rear Detached garage must be from the
lane and in the case of corner lots from the lane or side streets and not from
the front roadway.
3.
Vehicular access to required parking lots from streets other than arterial
roadways may be permitted dependent on traffic volumes. A letter of support
must accompany the application from the City's Engineering department.
7.18
Limited Access to Major Streets
1.
Where a site has a residential zoning classification, the site fronts onto an
arterial road, and the site has access to a road other than the arterial road or
has access to a lane, no vehicular access will be permitted to the site from the
arterial roadway unless granted written permission by the City's Engineering
department.
2.
Where a site has a residential zoning classification, the site fronts onto an
arterial road, and the site does not have access to a road other than the arterial
road and has no access to a lane, the City may allow a vehicular access to be
constructed to gain limited vehicular access to the site under written permission
from the City's Engineering department.
3.
Where a site has a commercial, industrial, or urban service zoning
classification, one (1) vehicular access to the site may be considered from the
arterial roadway provided the location and design of the vehicular access is
approved in writing by the City's Engineering department and the owner of the
site has conformed with Section 7.14.
4.
No median cuts will be permitted within medians on arterial or collector
roadways unless a traffic impact assessment has been completed by an
appropriate professional and the assessment indicates that the median cut
meets the requirements of the municipal and provincial standards for traffic
safety as determined by the City's Engineering department.
5.
Where two (2) adjacent commercial properties both require vehicular access
to an arterial roadway the City provides strong consideration towards shared
vehicular access points with joint crossing agreements in place.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 261 of 314
PART 7 - GENERAL REGULATIONS
7.19
Emergency Access to Buildings
1.
Access for fire department equipment shall be provided to one (1) side of each
building that exceeds 12 m2. in floor area by means of a public roadway, private
roadway, or yard access.
2.
Where the Alberta Building Code requires more than one (1) access route to a
building and public roads are not directly adjacent to the site on site fire access
routes must be provided that meet the requirements of the building code
regarding access routes, location of access routes and access route design
3.
Where an onsite fire access route is required by the building code it shall be
designed to handle the necessary fire-fighting equipment and should be
designed in consultation and approval of the City Fire Chief.
7.20
Objects and Uses Prohibited or Restricted in Residential Districts
1.
Except as permitted in 7.20.3, no person shall keep, in the required front yard
in any residential zone, or in the case of a corner site, in the required front yard
or the required flanking side yard in any residential zone, any large recreational
vehicle for any longer than is reasonably necessary to load or unload such
vehicle and not exceeding 72 hours.
2.
From April 1 through October 31 inclusive, on a residential site, large
recreational vehicles may be parked on a driveway, to within 1.0 m of the
interior edge of the municipal sidewalk or within 1.0 m of the curb if there is no
sidewalk, provided they do not obstruct the visibility of motorists in an adjacent
private driveway, alley, or intersection.
3.
For the purposes of Subsections 7.20.2 and 7.20.3, a large recreational vehicle
shall include:
a.
any motorhome, travel trailer, fifth wheel trailer; or any camper when it is
not mounted on a truck but placed on the ground, on a stand, or otherwise
stored; or any similar vehicles.
5.
For the purposes of Subsections 7.20.2 and 7.20.3, a large recreational vehicle
shall not include:
a.
small utility trailers, camper van conversions, tent trailers, campers which
are mounted in trucks, boats, snowmobiles, all-terrain vehicles, jet skis, or
motorcycles, and trailers to carry them.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 262 of 314
PART 7 - GENERAL REGULATIONS
6.
No person shall keep on any part of a site, outside of approved buildings in any
residential zone:
a.
any unregistered, inoperable, damaged, under repair, or unroadworthy
vehicle, stored outside of a building for more than fourteen (14) days;
b.
open unprotected excavations without advisory signage, safety fencing, or
onsite security;
c.
power generating wind turbines that create noise or exceed the height of
the principal building;
d.
construction or demolition debris for periods longer than ten day periods;
e.
on-site or adjacent street parking for more than one (1) vehicle with
business signage per property;
f.
containers designed for intermodal transfer of goods (sea cans);
g.
recreational vehicles used on site for sleeping accommodation for periods
exceeding fourteen (14) days per year;
h.
unless approved in writing by the development officer, any storage of
construction materials for longer than a six (6) month period;
i.
stockpiles of earth and landscaping materials for periods exceeding ninety
(90) days;
j.
fire pits without appropriate fire department permits;
k.
propane tanks exceeding 45 kilogram or 45 litre bottles;
l.
container storage of flammable products exceeding 100 litres or
100 kilograms in total volume;
m. storage of excavation equipment such as skid steer loaders, backhoes,
tractors other than riding lawnmowers; and similar equipment;
n.
defined uses that are not listed as permitted or discretionary uses in that
district or deemed to be legal non-conforming uses; and/or
o.
any items deemed a nuisance under the Nuisance Bylaw.
p.
An intermodal container for a period of longer than 48 hours. Use of
intermodal container storage in residential districts must only be used for
moving or construction, be wholly located on private property and must
Bylaw 1804-13, as amended
Land Use Bylaw
Page 263 of 314
PART 7 - GENERAL REGULATIONS
have prior permission from the Development Authority. added as per
Bylaw 1922-19
7.
Equipment for use such as horse trailers, tradesmen trailers, or similar such
equipment shall not be stored in front or side yards for periods exceeding seven
(7) days.
7.21
Relocation of Buildings replaced per bylaw 2106-26
1.
Except as otherwise provided for in this Bylaw, no person shall relocate a
building or structure, or portion thereof, onto or within a Site without first
obtaining a development permit for the building or structure to be relocated.
The relocated building or structure shall be considered as a discretionary use
and shall comply with the appropriate land use district regulations and Safety
Codes requirements.
2.
The relocated building or structure must be consistent in form and character,
in the opinion of the Development Authority, with the predominant form and
character of the structures and developments in the area which the building or
structure is moved to.
3.
In addition to the requirements of section 4.2, a development permit application
for a relocated building shall include:
a.
recent colour photographs showing all sides of the building;
b.
a statement of the age, size and structural condition of the building issued
by a qualified professional;
c.
a statement of any proposed improvements to the building, including any
that may be needed to meet Safety Codes requirements for a fire
response time greater than 10 minutes;
d.
a description of proposed landscaped areas as required by section 7.8
4.
The Development Authority shall require the following conditions of the
Development Permit:
a.
an inspection by a qualified professional providing a written certification of
the building's structural condition following building placement, as well as
any deficiencies relating to building codes, ordinances or regulations;
b.
any renovations or improvements required to ensure that the relocated
building or structure complies with current federal, provincial and
municipal standards, codes, rules, regulations, and bylaws;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 264 of 314
PART 7 - GENERAL REGULATIONS
c.
development security sufficient to ensure the fulfilment of the conditions
of the development permit.
5.
Portable school classrooms are allowed as permitted uses in US - Urban
Service districts, subject to the development permit requirements of this Bylaw.
6.
Temporary construction job site buildings are allowed to be placed on job sites
during the term of construction, subject to the development permit
requirements of this Bylaw.
7.22
Construction Damage Security replaced per bylaw 2106-26
1.
A construction damage security shall be provided to the City at the time of
issuance of a development permit pursuant to subsection 3.11, based on the
type of development project. This requirement may be waived if, in the opinion
of the Development Authority, there are no improvements abutting the property
that could sustain damage during construction.
2.
It is the owner's or agent's responsibility to ensure that prior to commencement
of construction or demolition there is no previous damage to existing municipal
infrastructure. If there is existing damage, it shall be documented with
photographs and reported within two (2) working days of the issuance of the
development permit to the Engineering Department, and the damage is to be
documented and acknowledged in writing by the Engineering department.
3.
It is the owner's responsibility to apply in writing to the City's Engineering
department for a security refund inspection and return of the security. This
should only happen after the rough grading is complete and the black dirt is
placed and graded in accordance with the approved grading plan. All required
hard surfaced areas shall be completed and any required tree and shrub
planting must be complete.
4.
The property owner or agent is responsible for having the necessary
improvement cleared and visible for the initial and final inspections by the City.
5.
The Engineering department shall perform the requested inspection and notify
the owner of the results.
6.
If no damage has occurred, the security shall be refunded in full within thirty
(30) days.
7.
If damage has occurred, the security will be used by the City to repair or replace
damaged curb stops, valve boxes, manhole covers, catch basins, culverts,
pipelines, sidewalks, curbs and gutters, lanes, roads, and any other surface or
Bylaw 1804-13, as amended
Land Use Bylaw
Page 265 of 314
PART 7 - GENERAL REGULATIONS
underground improvements on or abutting the land, where such damage is
caused by the construction or demolition activity.
8.
If the cost to repair the damage is less than the amount of the security, then
the City shall return the difference to the depositor.
9.
If the cost to repair the damage is more than the security, then the City can
invoice the owner and place the charges against the tax roll of the lands.
10.
The security placed regarding one permit cannot be transferred to a different
permit, nor can it be transferred or refunded to a different party.
11.
If the depositor does not apply for the inspection following completion of the
work and restoration of municipal infrastructure, or if the development permit
for which the security was provided expires, the City has the right to perform
an inspection and make any repairs necessary as if the depositor had applied
for an inspection.
7.23
Grading Compliance Security amended per bylaw 2106-26
1.
When a permit is issued for a new principal building, or an addition to an
existing principal building the development permit may have conditions
requiring compliance with the Surface Drainage Bylaw, approved grading plans
and or lot grading certificates.
2.
The Development Authority may place a condition on a development permit
requiring the applicant or owner to provide written verification of geodetic
elevations from an Alberta Land Surveyor at various stages of construction;
including but not limited to any or all the following stages of construction.
a.
after the footings are formed up or placed and prior to forming of the
foundation walls;
b.
after the foundation of an attached garage is formed and prior to
placement of the garage floor slab or driveway;
c.
after the foundation walls are placed and ready for backfill; and
d.
after rough grading of the site is complete and prior to finished
landscaping.
3.
The Development Authority may place conditions on a development permit
requiring the applicant or owner to provide security pursuant to Subsection
3.11 for Grading Compliance Deposits, to ensure compliance with the
approved grading documents. amended per bylaw 2106-26
Bylaw 1804-13, as amended
Land Use Bylaw
Page 266 of 314
PART 7 - GENERAL REGULATIONS
4.
Where a condition is placed requiring specific written verification of geodetic
grades in accordance with 7.23.2 and the verification is not provided, the
Development Authority can use the security to have the geodetic elevations
verified by an Alberta Land Surveyor. amended per bylaw 2106-26
5.
Where the work completed is not in accordance with the approved drainage
plans the Development Authority can issue a Stop Work Order requiring that
the work completed be brought into compliance.
7.24
Payment of Off-site Levies
1.
All outstanding off-site levies owing regarding a property shall be paid in full at
the time of application for a development permit of the property.
7.25
Water Meter Installation Costs
1.
When a development permit application has been made for a building or use
that will require a water meter to be installed, the fee for the water meter shall
be paid in full upon the issuance of a development permit.
7.26
Restrictive Covenants
1.
It is not the responsibility of the City to enforce the restrictive covenant in its
issuance of a development permit unless the City has registered the restrictive
covenant.
7.27
Development Maintenance Standards
1.
Where a commercial, industrial, or multi-family residential property was
required to provide landscaping drawings and complete landscaping, paved
parking, provide screening, refuse containers, and have building façade
features at the time of the development permit, the owner is required to
maintain the items to meet or exceed the standard they were designed and
originally constructed or installed.
2.
Where a residential property was part of a development that had community
features such as uniform fencing and subdivision signage the owners of the
property must maintain the items to the standard they were constructed or
installed.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 267 of 314
PART 7 - GENERAL REGULATIONS
3.
All developments shall be maintained to ensure a visual standard that meets
the standard of the neighbourhood and are not deemed a nuisance property
under the Nuisance Bylaw.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 268 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.1.1
Day Home Operation
1.
A Day Home Operation is deemed a major home based business and must
meet all the requirements of Section 8.7.3. as well as this Section.
2.
A development permit application for a Day Home Operation shall be
accompanied by documentation that will show compliance with the following
clauses within this Subsection.
3.
The number of children cared for in a Day Home Operation shall not exceed
six (6) children under the age of thirteen (13) at any given time and shall
conform to the Province of Alberta Family Day Home Operations Standards
Manual.
4.
Outdoor play space shall be provided that meet or exceed the requirements of
the Province of Alberta Family Day Home Operations Standards Manual.
5.
Children in care shall be supervised in accordance with the Province of Alberta
Family Day Home Operations Standards Manual.
6.
A Day Home Operation shall have three (3) parking spaces readily available
for parent drop off and pick up of children either on-site or on the street directly
in front of the Day Home Operation.
8.1.2
Child Care Service
1.
Outdoor play space shall be provided as required to conform to the
requirements of the Early Learning and Child Care Act and its applicable
regulations. Amended per Bylaw 2053-24
2.
Outdoor play space may be allowed in any required yard, providing it is
designed to limit any interference with other uses, or the peaceful enjoyment
of the properties of nearby residents, through landscaping, buffering and the
placement of fixed play equipment. Amended per Bylaw 2053-24
3.
Outdoor play space shall not be in any required yard that abuts a public
roadway unless the design, size and other characteristics of the proposed play
space shall mitigate the potential impact of the traffic on the public roadway on
children using the play space. Amended per Bylaw 2053-24
4.
Parking shall be provided according to the regulations outlined in this Bylaw.
In addition, drop-off parking shall be provided as follows:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 269 of 314
PART 8 - SPECIFIC USE REGULATIONS
a.
a separate on-site drop-off area shall be provided at the rate of one on-
site drop-off space for every ten (10) children;
b.
each drop-off space shall be a minimum of 2.7 m in width and a minimum
of 5.5 m length; and
c.
the drop-off area shall be located within 60.0 m from the main entrance of
the Child Care Service facility.
d.
The Development Authority may reduce or waive the requirement for on-
site drop-off spaces where the applicant can demonstrate that public on-
street parking is available within 60.0 m of the main entrance to the facility
that can meet the requirements of this section. Added per Bylaw 2053-24
5.
No portion of a Child Care Service use, including the building or bay of building
and outdoor play space, shall be located within 50.0 m of a service station or
vehicle-oriented use. This distance shall be measured from the pump island,
fill pipes, vent pipes or service station or a vehicle-oriented use building,
depending on whichever is closest to the childcare facility. Amended per Bylaw
2053-24
6.
New Child Care Service facilities shall be located to meet the required
separation distances from other uses for which a radius or distance is set out
under this bylaw, including Adult Entertainment Facility, Cannabis Retail,
Liquor Store, Medical Marihuana Production Facility and other uses as
amended. Amended per Bylaw 2053-24
7.
All development permit applications for Child Care Service shall include a site
plan that shows the required on-site parking and drop-off facilities, the outdoor
play area, the location and type of any fixed play equipment, fencing,
landscaping and any buffering to be provided. Added per Bylaw 2053-24
8.2
Boarding and Lodging House
1.
Each sleeping unit in a boarding and lodging house must have access to:
a.
a washroom, with toilet, sink, and a bathtub or shower stall;
b.
a shared kitchen facility with fridge, stove, and sink; and
c.
an outdoor amenity space.
2.
Any sleeping unit in a boarding and lodging house shall be compliant with
current codes regarding safe egress, exit signage, fire safety, and early
warning devices.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 270 of 314
PART 8 - SPECIFIC USE REGULATIONS
3.
Any sleeping unit in a boarding and lodging house shall have a satisfactory
annual inspection completed by the City of Wetaskiwin fire department
4.
There shall be one on-site parking stall provided for each sleeping unit in
addition to parking required for other uses in the building.
8.3.1
Limited Foster Home
1.
No development permit is required for Limited Foster Homes where they are
listed as a permitted use.
8.3.2
Foster Homes
1.
Applications for Foster Homes must be accompanied by a letter or form from
the public approving or licensing authority that verifies the number of clients
that the building is suited for; and that verifies that all life safety issues of the
building and fire code have been properly inspected and addressed.
2.
No development permit fees will be charged for Foster Homes where they are
a permitted use.
8.3.3
Limited Group Home
1.
Applications for Limited Group Homes must be accompanied by a letter or form
from the public approving or licensing authority that verifies the number of
clients that the building is suited for, and that verifies that all life safety issues
of the building and fire code have been properly inspected and addressed.
2.
Applications for Limited Group Homes must be accompanied by a letter or form
from the public approving or licensing authority verifying the number of staff
that will be required to meet the expected supervision and care for the clients.
3.
Limited Group Homes in residential districts shall have a residential appearing
exterior building design and landscaping features.
4.
Adequate onsite parking shall be provided for Limited Group Homes for
maximum employees on shift. The Development Authority shall determine the
number of required stalls that shall be provided. The Group Care operator shall
encourage the staff to park in the parking provided.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 271 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.3.4
Group Home
1.
Applications for Group Homes must be accompanied by a letter or form from
the public approving or licensing authority that verifies the number of clients
that the building is suited for, and that verifies that all life safety issues of the
building and fire code have been properly inspected and addressed.
2.
Applications for Group Homes must be accompanied by a letter or form from
the public approving or licensing authority verifying the number of staff that will
be required to meet the expected supervision and care for the clients.
3.
An application for a Group Home will not be permitted within 76.0 m of a
previously approved Group Home or Limited Group Home.
4.
Group Homes in residential districts shall have a residential appearing exterior
building design and landscaping features.
5.
Adequate on-site parking shall be provided for Group Homes for maximum
employees on shift. The Development Authority shall determine the number of
required stalls that shall be provided. The Group Care operator shall
encourage the staff to park in the parking provided.
8.3.5
Institutional Group Home
1.
Applications for Institutional Group Homes must be accompanied by a letter or
form from the public approving or licensing authority that verifies the number
of clients that the building is suited for, and that verifies that all life safety issues
of the building and fire code have been properly inspected and addressed.
2.
Applications for Institutional Group Homes must be accompanied by a letter or
form from the public approving or licensing authority verifying the number of
staff that will be required to meet the expected supervision and care for the
clients.
3.
An Institutional Group Home shall not be permitted on a property within
300.0 m of any property that is zoned R1, R1A, R1L, R1N, R2, RE, RMX, or
RMH.
8.3.6
Support Home
1.
No development permit is required for a Support Home where it is listed as a
permitted use.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 272 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.4
Temporary Shelter Service
1.
A development sponsored or supervised by a public authority or non-profit
agency for the purpose of providing temporary accommodation for persons
requiring immediate shelter and assistance for a short period of time. Typical
uses are overnight shelters.
2.
Temporary Shelter Services are a direct control use that must be approved by
resolution of City Council considering the following regulations:
a.
temporary shelter services must be within a permanent building that meets
all Safety Codes regulations;
b.
temporary shelter services shall not be permitted on a site within of
200.0 m from any site with a residential zoning classification;
c.
temporary shelter services shall not be permitted on a site within 100.0 m
of a site with operating retail store;
d.
the Development Authority must allow temporary shelter service without
due notification process, with written direction from the Director of Disaster
Services due to an emergency; and
e.
temporary shelter services must provide outdoor space or supervised
indoor space for persons waiting to use the facility as overnight
accommodation to deter loitering in the neighbourhood.
8.5.1
Secondary Suite
1.
For this section, reference to secondary suites floor area means the floor area
of the suite excluding stairways to a common landing and floor area of furnace
rooms and shared common areas.
2.
Where a secondary suite is proposed, the site area of the subject property must
exceed the minimum site area for the zoning classification by at least 40.0 m2.
3.
One (1) on-site parking stall shall be provided specifically for the secondary
suite, in addition to the two on-site parking stalls parking required for the
principal building.
4.
The additional on-site parking stall shall not be in the front yard or side yard of
the property.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 273 of 314
PART 8 - SPECIFIC USE REGULATIONS
5.
Only one (1) of a secondary suite or a garage suite may be developed in
conjunction with a single dwelling building.
6.
A secondary suite shall not be developed within the same principal building
containing a group home or limited group home, or a major home based
business, unless the secondary suite is an integral part of a bed and breakfast
facility in the case of a major home based business.
7.
A secondary suite shall be restricted to a site occupied by a single dwelling
building.
8.
A secondary suite is prohibited from being constructed in any building
containing more than one (1) living unit.
9.
A secondary suite shall remain accessory to and subordinate to the principal
building and:
a.
in the case of a secondary suite built partially or entirely above grade the
floor area of the secondary suite shall not exceed 40% of the floor area of
the principal building; or
b.
in the case of a secondary suite, where the floor of the suite is below grade,
the floor area of the secondary suite shall not exceed 85% of the floor area
of the principal dwelling.
10.
The floor area of a secondary suite shall not be less than 30.0 m2.
11.
A building containing a secondary suite will not be approved for conversion to
condominium ownership.
8.5.2
Garage Suite
1.
Garage Suites shall be developed in accordance with the following regulations:
a.
the minimum site area for a site considered for a garage suite shall be the
minimum site area required for the principal dwelling plus 100.0 m2;
b.
the maximum roof peak height for a garage containing a garage suite shall
be 6.0 m or the height of the principal dwelling as constructed at the time
of the development permit application, whichever is the lesser;
c.
the maximum wall height regulation for the detached garage must be met,
except for gable ends, which must not face adjacent properties;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 274 of 314
PART 8 - SPECIFIC USE REGULATIONS
d.
one (1) dormer roof up to 2.4 m in width will be permitted provided the wall
containing the dormer is at least 3.6 m from an adjacent property;
e.
exterior stairs and exterior landings of up to 2.0 m are permitted to access
the garage suite provided the landing is at least 3.6 m from a side property
line;
f.
the maximum floor area of a garage suite shall be 60.0 m2;
g.
the minimum floor area of a garage suite shall be 32.0 m2;
h.
the minimum side yard for that portion of a detached garage that contains
a garage suite shall be the same as that for the principal Dwelling in the
applicable zone;
i.
the minimum distance between a detached garage containing a garage
suite and the principal dwelling on the same site shall be 3.0 m;
j.
windows contained within the garage suite portion of the detached garage
shall be placed and sized such that they minimize overlook into yards and
windows of abutting properties through one (1) or more of the following:
i.
off-setting window placement to limit direct views of abutting rear or
side yard amenity areas, or direct view into a garage suite window on
an abutting site;
ii.
strategic placement of windows in conjunction with landscaping or the
placement of other accessory buildings; and
iii. placing larger windows such as living room windows, to face a lane,
a flanking street, or the larger of any Side Yard abutting another
property.
k.
no decks on garage suite roofs shall be allowed;
l.
balconies may be allowed as part of a garage suite only where the balcony
faces the lane or a flanking roadway;
m. only one of a secondary suite or a garage suite may be developed in
conjunction with a principal dwelling;
n. the number of unrelated persons occupying a garage suite shall not
exceed two (2);
o. a garage suite shall not be allowed within the same site containing:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 275 of 314
PART 8 - SPECIFIC USE REGULATIONS
i.
a group home or limited group home;
ii.
a major home based business in associated principal dwelling, unless
the garage suite is an integral part of a bed and breakfast facility in
the case of a major home based business.
p.
where garage suites are discretionary within the applicable zone, the
Development Officer may exercise discretion in considering a garage suite
having regard to:
i.
compatibility of the use with the siting;
ii.
grade elevations;
iii. height;
iv. roof slopes;
v.
building types and materials characteristic of surrounding low density
ground-oriented housing and development;
vi. the effect on the privacy of adjacent properties; and
vii. the policies and guidelines for garage suites contained in a statutory
plan for the area.
q.
a garage suite may only be developed on a lot where a single dwelling
building is the principal use. added as per Bylaw 1997-21
8.5.3
Mixed Use Residential Suites
1.
Applications for mixed-use residential suites will be considered provided:
a. the building does or will, with renovation, meet the requirements of the
Alberta Building Code and Alberta Fire Code;
b. the floor space is located above the first storey; or is located entirely in the
back 60% of the floor space of the first floor of the building and any
entrances to first floor suites is from the back or side of the building.
2.
On-site parking is provided in addition to the parking and loading spaces
required for the commercial or industrial space.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 276 of 314
PART 8 - SPECIFIC USE REGULATIONS
3.
Prior to occupancy of any mixed-use residential suites a copy of all required
satisfactory Safety Codes inspection report be provided to the Development
Officer
4.
Despite having a permit issued for a mixed-use residential suite, for the
purpose of all municipal bylaws and regulations, the property is deemed a
commercial or industrial property and not a residential property.
8.5.4
Apartment Building
1.
Notwithstanding the other regulations of this zone, where an apartment
building directly abuts a site zoned to allow a single dwelling building as a
permitted use, the following regulations shall apply:
a.
a minimum landscaped setback of 7.5 m shall be required from any
apartment building to any property line common with a single dwelling unit.
No surface parking or loading facilities shall be located within this setback
area;
b.
no outdoor parking, trash collection or outdoor storage areas shall be
developed within 3.0 m of any property line that abuts a site zoned to allow
a single dwelling building as a permitted use;
c.
a solid screen fence 1.8 m in height, shall be installed along all property
lines that abut a site zoned to allow a single dwelling building as a
permitted use, except for common flanking front yard boundaries which
shall be 1.0 m in height;
d.
design techniques including, but not limited to, the use of sloped roofs,
variations in building setbacks, and articulation of building façades, will be
employed to minimize the perception of massing of the building when
viewed from adjacent residential areas and roadways;
e.
building finishes shall be compatible with the exterior finishing materials
and colours typical of adjacent single detached housing; and
f.
where an apartment building is to be developed directly adjacent to a site
zoned to allow single detached housing as a permitted use, the maximum
building height for the directly adjacent façade of such apartment building
shall not exceed 9.0 m or 2½ storeys, unless the portion of the façade
which is above 9.0 m is stepped inward from the lower façade by a
distance equivalent or greater than height of the façade that is above
9.0 m.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 277 of 314
PART 8 - SPECIFIC USE REGULATIONS
2.
A minimum outdoor amenity area of 7.5 m2 per dwelling shall be provided. This
area may include the area of balconies and patios.
3.
Where an apartment building exceeds twenty (20) suites, an on-site children's
playground shall be developed that provides at least 2.5 m2 of communal
outdoor play space per suite.
4.
All parking lots and walkways shall be well lit to provide for a safe, secure
environment.
5.
All signs related to the name of the building, sale, lease, or rental of suites
conform to Section 7.6.
8.6.1
Manufactured Home
1.
Applications for the placement of a manufactured home, as defined, shall
include the unit CSA certification number, the manufacturer name and model
name, and shall supply a letter from the manufactured home community owner
or manager supporting the application for placement of the manufactured
home, deck, or addition.
2.
Manufactured homes shall be supported and tied down in accordance with
manufacturers specifications and the Alberta Building Code.
3.
Additions, decks, and porches require separate development permits or shall
be specified to at the time of the original development permit application. The
application shall include a letter from the manufactured home community
owner or manager supporting the application for placement of the deck or
addition.
8.6.2
Modular Housing
1.
Applications for the placement of modular housing, as defined, shall include all
information required by Section 4.2, and be treated the same as site built
buildings.
2.
In addition, applications must include a copy of a certificate indicating the CSA
certification number, the foundation type, and drawings and indicate all decks,
porches and site built additions such as garages.
3.
Modular Housing must be placed on a permanent foundation equal to that of a
site built home.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 278 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.6.3
Residential Sales Centre
1.
A residential sales centre may be in the form of a show home(s) with a sales
office, a show suite within a multi-family building, or as a separate temporary
building.
2.
Sites containing residential sales centres shall be located and developed such
that their impacts on local roadways and surrounding residential development
are minimized. In deciding upon an application, the Development Officer shall
take into consideration the scale of the residential sales centre, its proximity to
arterial or neighbourhood collector roadways, and to occupied residential
development.
3.
Where sites are located within 60.0 m of existing development, the applicant
shall demonstrate that sufficient parking is available on or adjacent to the site
so that parking congestion shall not develop on that portion of local streets
serving existing development in the vicinity of the residential sales centre.
4.
The siting and development of residential sales centre buildings shall comply
with the regulations of the land use zone applying to the site except that:
a. the Development Officer may attach conditions requiring additional
setbacks to minimize any adverse impacts on adjacent development;
b. in the case of a temporary structure, the height of the building, including
any hoardings or false fronts, shall not exceed one storey or 4.0 m.
8.6.4.1
Private Swimming Pool
1.
A development permit is required for a private swimming pool, as defined.
2.
Except hot tubs identified in Clause 4, the entire area of an outdoor swimming
pool shall be protected by a fence, building, wall, or enclosure that can prevent
access by unauthorized persons, and its height above ground level shall not
be less than 1.8 m.
3.
An opening for access through a fence around a private swimming pool shall
be protected by a gate that is the same height as the fence, equipped with a
self-closing device, equipped with a self-latching mechanism located on the
inside of the gate that is at least 1.5 m above the ground level, and that is
capable of being locked.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 279 of 314
PART 8 - SPECIFIC USE REGULATIONS
4.
An outdoor hot tub that is equipped with a cover can carry a weight of 100kg
and that is capable of being latched and locked, can have the minimum fence
height requirements of a fence or gate reduced to 1.0 m.
5.
A private swimming pool shall be setback at least 1.5 m away from any property
line.
6.
A building that is built specifically to enclose a private swimming pool shall meet
the same yard setback requirements as the principal building.
8.6.4.2
Semi-Public Swimming Pool
1.
A semi-public swimming pool is required to meet all requirements specified in
the appropriate Subsections of Section 7.3 of the Alberta Building Code.
2.
An attached or detached building enclosing a semi-public swimming pool or
water theme park shall meet all the same building height and setback
requirements as outlined for the principal building in the appropriate zoning
classification regulations.
8.7.1
Home Office
1.
A Home Office shall comply with the following regulations:
a. there shall be no exterior display or advertisement;
b. there shall be no mechanical or electrical equipment used that creates
external noise, or
c.
visible and audible interference with home electronics equipment in
adjacent dwellings;
d. the home office shall not employ any person other than a residents of the
dwelling;
e. there shall be no outdoor business activity, or outdoor storage of materials
or equipment other than office equipment associated with the business
allowed on the site;
f.
there shall be no business traffic or deliveries to the property;
g. the home office shall not change the principal character or external
appearance of the dwelling involved; and
Bylaw 1804-13, as amended
Land Use Bylaw
Page 280 of 314
PART 8 - SPECIFIC USE REGULATIONS
h. in addition to the information requirements of Section 4.2 of this Bylaw,
each application for a Development Permit for the use class home office
shall include a description of the business to be undertaken in the dwelling,
an indication that there will be no business or deliveries and details for the
provision of parking.
8.7.2
Minor Home Based Business
1.
A minor home based business shall comply with the following regulations:
a. there shall be no exterior display or advertisement other than an
identification plaque or sign as specified in 7.6.7.18;
b. there shall be no mechanical or electrical equipment used that creates
external noise, or visible and audible interference with home electronics
equipment in adjacent dwellings;
c.
the minor home based business shall not employ any person on-site other
than a resident of the dwelling;
d. there shall be no outdoor business activity, or outdoor storage of materials
or equipment associated with the business allowed on the site. Indoor
storage shall only be allowed inside the dwelling;
e. the minor home based business shall not change the principal character
or external appearance of the dwelling involved; and
f.
in addition to the information requirements of Section 4.2 of this Bylaw,
each application for a development permit for the use class minor home
based business shall include a description of the business to be
undertaken in the dwelling, an indication of the anticipated number of
business visits per week and details for the provision of parking.
g. No more than one (1) business-related visit to the site per day. added as per
Bylaw 1997-21
8.7.3
Major Home Based Business
1.
A major home based business shall comply with the following regulations:
a. there shall be no exterior display or advertisement other than an
identification plaque or sign as specified in 7.6.7.18;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 281 of 314
PART 8 - SPECIFIC USE REGULATIONS
b. there shall be no mechanical or electrical equipment used that creates
external noise, or visible and audible interference with home electronics
equipment in adjacent dwellings;
c.
the major home based business shall be of a nature that will not cause
excessive vehicular traffic, however, will allow business visits that do not
cause unreasonable traffic flow to the residence;
d. the number of non-resident employees or business partners working on-
site shall not exceed one (1) at any one time;
e. there shall be no outdoor business activity, or outdoor storage of material
or equipment associated with the business. Indoor storage related to the
business activity is allowed in either the dwelling or accessory buildings;
f.
the major home based business shall not change the principal character
or external appearance of the dwelling or accessory building;
g. a major home based business, operating as a bed and breakfast facility
shall conform to Section 8.7.4, in addition to this Section;
h. a major home based business, operating as day home shall conform to
Section 8.1.1. in addition to this Section;
i.
in addition to the information requirements Section 4.2 of this Bylaw, each
application for a development permit for the use class major home based
business shall include a description of the business to be undertaken at
the premises, an indication of the number of business visits per week,
provision for parking, and where any materials or equipment associated
with the business use are to be stored; and
j.
the major home based business will not be allowed if, in the opinion of the
Development Officer, such use would be more appropriately located in a
commercial or industrial zone having regard for the overall compatibility of
the use with the residential character of the area.
k.
A major home based business shall not be allowed within the same
principal dwelling containing a secondary suite or within the same site
containing a garage suite and an associated principal dwelling, unless the
home based business is a bed and breakfast facility and the secondary
suite or the garage suite is an integral part of the bed and breakfast facility.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 282 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.7.4
Bed and Breakfast Facility
1.
A bed and breakfast facility is deemed a major home based business and must
meet all of the requirements of Section 8.7.2. as well as this Section.
2.
A development permit application for a bed and breakfast facility shall be
accompanied by documentation that will show compliance with the following
clauses within this Subsection.
3.
A bed and breakfast facility, located on a site with a residential zoning
classification, shall be limited to three sleeping units dedicated for guests.
4.
Sleeping units used for guests shall be rooms that are above grade.
5.
There shall be no cooking facilities within guest rooms.
6.
The sleeping units considered as guest rooms shall have a satisfactory
inspection completed by the City of Wetaskiwin fire department prior to being
used by guests and shall be compliant with current codes regarding safe
egress, exit signage, fire safety and early warning devices.
7.
The sleeping units shall have a satisfactory annual inspection completed by
the City of Wetaskiwin fire department.
8.
There shall be one clearly identified parking stall provided on-site for each
sleeping unit in addition to the stalls required for the primary residential use.
9.
A bed and breakfast facility will be allowed to have one sign as permitted under
Section 7.6.7.18; however, will be allowed to double the permitted sign area.
10.
A bed and breakfast facility shall allow guests unlimited access to all outdoor
amenity areas on the site.
8.8
Reserved for Residential
8.9
Reserved for Commercial
8.10
Liquor Store
1.
A liquor store shall be located outside of a 200.0 m radius from:
a.
the nearest residential district;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 283 of 314
PART 8 - SPECIFIC USE REGULATIONS
b.
any existing religious assembly;
c.
any existing private and/or public school;
d.
any existing day care facility;
e.
any existing community hall, or
f.
any existing park.
2.
The 200.0 m radius as identified in 8.10.1 shall be calculated from the exterior
boundary of the space to be occupied by the liquor store, not the parcel
boundary.
3.
For sites in the C5 district, a liquor store is a Permitted Use, and sites in the C5
district are exempted from the restrictions in 8.10(1) provided the parcel of land
is greater than 10 acres in size.
4.
The Development Officer has no variance powers regarding this Subsection.
8.11
Secondhand Store
1.
Applications for the use of a building as a secondhand store, as defined, must
include information regarding all signage and displays visible from the streets.
2.
All signage must be a professionally designed and constructed structure and
be permanent in nature.
3.
No outdoor storage or display of goods is permitted.
4.
Secondhand stores must have one onsite-loading stall from the rear of the
building.
8.12
Pawn Shop
1.
Pawn shops will not be considered as a use within buildings on any site that is
within 200.0 m of a site that has a residential zoning classification, or that is
classed for residential use in an Area Structure Plan or the Municipal
Development Plan.
2.
On-sites where a building is used as a pawn shop, the site shall not have
outdoor storage for any goods or materials.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 284 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.13
Adult Entertainment Facility
1.
An adult entertainment facility shall be located outside of a 200.0 m radius from:
a.
the nearest residential district;
b.
an existing religious assembly facility;
c.
any existing private and public school;
d.
any existing arena or active recreational facility;
e.
any existing day care facility;
f.
any existing community hall;
g.
any existing park; or
h.
any other adult entertainment facility.
2.
The Development Officer has no variance regarding this Subsection.
8.14.1
Pubs and Lounges
1.
All required parking for a pub or lounge shall be on the same site as the facility.
2.
There shall be exit doors leading from the facility directly to the provided
parking lots.
3.
All pubs and lounges shall keep all doors, windows and other openings in the
exterior walls closed, except for doors during the entrance and exiting of
patrons, to prevent noise to the surrounding properties.
4.
Noise from a pub or lounge shall be controlled so it does not emit beyond the
boundaries of the site.
5.
The Development Officer may consider limiting the hours of operation, as a
condition of the Development Permit, if the site is adjacent to or across a street
or lane from residential uses. Consideration would be based on potential
outdoor noise and annoyances from traffic and pedestrian uses.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 285 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.14.2
Nightclubs and Bars
1.
All required parking for nightclubs and bars shall be on the same site as the
facility.
2.
There shall be exit doors leading from the facility directly to the provided
parking lots.
3.
All nightclubs and bars shall keep all doors, windows and other openings in the
exterior walls closed, except for doors during the entrance and exiting of
patrons, to prevent noise to the surrounding properties.
4.
Noise from a nightclub or bar shall be controlled so it does not emit beyond the
boundaries of the site.
5.
The Development Officer may consider limiting the hours of operation, as a
condition of the Development Permit, if the site is adjacent to or across a street
or lane from residential uses. Consideration would be based on potential
outdoor noise and annoyances from traffic and pedestrian uses.
8.15
Outdoor Restaurant Patio
1.
deleted as per Bylaw 2019-22
2.
If an outdoor restaurant patio is within 75.0 m of a property with a residential
zoning classification, it shall be prohibited from use between the hours of 10:00
p.m. one day and 7:00 a.m. the next day.
3.
Shall only be approved as an accessory use to an eating and drinking
establishment for which a development permit and City of Wetaskiwin
Business License have been issued. added as per Bylaw 2019-22
4.
Shall comply with the Alberta Building code with respect to accessibility. added as per
Bylaw 2019-22
5.
Shall be located to minimize parking stall loss. added as per Bylaw 2019-22
6.
Shall employ colours and materials that complement the adjacent business.
added as per Bylaw 2019-22
7.
Shall be maintained in a safe and orderly manner. added as per Bylaw 2019-22
8.
Shall not extend in front of any building exit and shall ensure that emergency
egress complies with all applicable regulations. added as per Bylaw 2019-22
Bylaw 1804-13, as amended
Land Use Bylaw
Page 286 of 314
PART 8 - SPECIFIC USE REGULATIONS
9.
Shall not affect vehicular/pedestrian traffic flow on public property and on
private property. added as per Bylaw 2019-22
10.
The Applicant is responsible for obtaining all relevant permissions (AGLC,
AHS, property landowner, and other relevant regulatory bodies). added as per
Bylaw 2019-22
8.16
Licensed Outdoor Patio deleted as per Bylaw 2019-22
8.17
Booth Market
1.
A development permit is required for an outdoor booth market or for an indoor
booth market on a property that classified anything other than urban service or
shopping center commercial.
2.
A permit application for a booth market shall:
a.
indicate the maximum number of vendors that will be taking part in the
event;
b.
indicate the specific dates that the event will be operating;
c.
identify the parking that will be utilized for the vendors and for patrons;
d.
include a drawing showing the layout of the booths; and
e.
include separate applications for all signage within the City that will be
promoting the event.
3.
The organizing party for any booth market shall ensure that proper exiting is in
place and that it is maintained to the satisfaction of the City of Wetaskiwin Fire
Chief.
4.
Outdoor booth markets shall provide a minimum of one garbage receptacle for
every four booths.
5.
No development permit is required for a sunshade structure at a booth market;
however, they shall be set up to resist wind uplift.
6.
Organizations that hold booth markets on a regular basis can obtain annual
permits.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 287 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.18
Tourist Campsite
1.
A tourist campsite must have access to a provincial highway or an arterial
roadway and the road access including turning lanes must meet the City of
Wetaskiwin design standards.
2.
Tourist campsites must not be placed within 150.0 m of properties classified
as residential.
3.
Fire pits within tourist campsites must meet the City of Wetaskiwin fire
regulations.
4.
Patrons within tourist campsites must not exceed the noise regulations within
the nuisance bylaw.
5.
Tourist campsites must have washroom and shower facilities located on-site.
6.
All camping stalls within a tourist campsite must be equipped with electrical
power connections.
7.
Tourist campsites must be fenced on property boundaries where the site is
adjacent to other uses.
8.19
Outdoor Amusement Establishment
1.
An outdoor amusement establishment placed, as a secondary use to a
commercial development on a parking lot shall not reduce the onsite parking
by more than 10% of the required stalls for the commercial development.
2.
An outdoor amusement establishment placed on a separate site shall have at
least eight (8) on-site customer parking stalls.
3.
An outdoor amusement establishment where potential noise is generated by
the facility shall not be placed within 200.0 m of a residential property,
measured from the actual perimeter of the outdoor amusement establishment
to the property boundary of the residential property.
4.
An outdoor amusement establishment shall be fenced with chain link fencing
with all entrance through a controlled gate.
5.
An outdoor amusement establishment must have on-site washroom facilities
or have agreed access to public washrooms with the operator of an adjacent
facility.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 288 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.20
Carnival
1.
A development permit must be applied for at least three (3) weeks prior to set
up for the event.
2.
The application must include:
a.
proof of Safety Codes certification,
b.
a general layout of the proposed site,
c.
an emergency vehicle access plan,
d.
the location for storage of equipment and vehicles,
e.
the hours of operation,
f.
a policing and security plan, and
g.
a litter control plan.
3.
The Development Officer with consultation with the police, may require, that
additional professional security be provided at the expense of the carnival
operator.
4.
The applicant may at the Development Officer's discretion be required to
provide cash refundable security to ensure the site is left clean and tidy.
5.
The carnival operator must arrange a meeting with the Fire Chief, RCMP, and
ambulance personnel prior to public access to the site and review the
emergency plans and gain the support of these officials.
6.
The carnival operator must provide the names and immediate contact
information of the top three (3) carnival personnel to the Fire Chief and RCMP
prior to the commencement of the carnival.
7.
The Development Officer can make conditions regarding the hours of operation
of the carnival.
8.21
Greenhouse and Plant Nursery
1.
Greenhouse buildings for public access must be designed by a professional
engineer and be constructed and maintained in accordance with the design. A
generic design will be accepted provided the design meets Canadian standard.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 289 of 314
PART 8 - SPECIFIC USE REGULATIONS
2.
Applications to place a greenhouse building intended for public access shall
include the building design drawings.
3.
Greenhouse buildings intended for year round placement shall be firmly
attached to a permeable surface and shall be able of surviving 120 km winds.
4.
Greenhouse buildings placed in parking lots intended for commercial
businesses shall not reduce the available parking spaces to a number less than
the number of required parking stalls for the commercial use.
5.
Greenhouse buildings less than 80.0 m2 in floor area shall meet or exceed the
minimum building setback requirements of accessory buildings and not exceed
the height requirements of accessory buildings.
6.
Greenhouse buildings 80.0 m2 or greater in floor area shall meet or exceed the
minimum building setback requirements of principal buildings and not exceed
the maximum height requirements of the principal buildings.
7.
All materials or goods stored outdoors shall be always kept in a neat and tidy
order.
8.
Storage of bulk landscaping materials shall be kept on pallets or in constructed
bins.
9.
Greenhouse buildings located on residential properties are deemed an
accessory building.
8.22
General Industrial Uses
1.
This use class shall only be used when the use class does not fit into any other
classification defined in this Bylaw.
2.
Applications for this use class shall include a detailed written description of the
industrial activity intended for the site.
3.
Applications for this use class shall clearly fit within the definition outlined in
Part 2 of this Bylaw.
4.
The applicant shall, at time of application, provide written verification of their
intent and agree to comply with the Industrial Performance Standards outlined
in the district regulations in Part 6 of this Bylaw.
5.
Applications for this use class will require written approval for the proposed use
from the City Fire Chief prior to the issuance of a development permit.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 290 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.23
Higher Risk Industrial Uses
1.
All fuel storage tank systems for bulk fuel facilities must be designed, installed,
and operated in accordance with the Alberta Fire Code.
2.
All fuel storage tank systems must have a permit to install from the Petroleum
Tank Management Association of Alberta.
3.
All fuel storage tank systems must not be located within 100.0 m of a residential
property measured from the proposed tanks to the residential property line.
4.
Prior to use of the fuel tank systems, the applicant shall submit a letter of
installation compliance addressed to the City from the designing engineer.
5.
Every facility at which the transfer of propane takes place shall have a risk and
safety management plan. If the facility handles greater than 30,000 USWG, the
risk and safety management plans must be approved by a professional
engineer.
6.
Bulk propane handling facilities with a vessel not greater than 5,000 USWG
shall be located at least 320.0 m from a residential property and bulk propane
handling facilities with a vessel not greater than 30,000 USWG shall be
separated from residential properties by 640.0 m.
7.
All other uses that are deemed a High Hazard Industrial Occupancy (F1) under
the Alberta Building Code must be located at least 250.0 m from any property
classified as residential and located south and or east from residential
properties.
8.24
Automotive and Equipment Repair Shop
1.
The design for an Automotive and Equipment Repair Shop, that includes the
outdoor storage of tires, must be reviewed for compliance with the fire code
and be approved in writing by the Fire Chief prior to development permit
application.
2.
The application for an Automotive and Equipment Repair Shop that includes
the outdoor storage of tires must include a fire protection plan that has been
approved by the Fire Chief.
3.
An Automotive and Equipment Repair Shop that provides for the repair of
motor vehicles shall have a minimum of 1.5 paved parking stalls for each
service bay.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 291 of 314
PART 8 - SPECIFIC USE REGULATIONS
4.
Any parking or storage of dismantled vehicles or equipment at a site approved
as an Automotive and Equipment Repair Shop shall be within a fenced and
screened compound.
5.
Any fenced compound on a site approved for an Automotive and Equipment
Repair Shop shall not be placed within 12.0 m of the front property line.
6.
The storage of dismantled vehicles and equipment within a fenced compound
shall not cover more than 450 m2 or it shall be deemed an Auto Recycling and
Salvage Yard.
7.
The storage area of an Automotive and Equipment Repair Shop must be hard
surfaced and be kept free of vegetation.
8.
The placement of overhead doors within an Automotive and Equipment Repair
Shop shall allow for onsite maneuvering of vehicles and queuing of vehicles
that are entering and leaving the building.
8.25
Auto Recycling and Salvage Yard
1.
The design for an Auto Recycling and Salvage Yard must be reviewed for
compliance with the fire code and be approved in writing by the Fire Chief prior
to development permit application.
2.
The application must include a fire prevention plan that has been approved by
the Fire Chief.
3.
The site of an Auto Recycling and Salvage Yard must be fenced to a height of
2.4 m with commercial grade chain link materials including privacy slats.
4.
The maximum storage height within the storage area shall be 3.0 m.
5.
The fenced area of an Auto Recycling and Salvage Yard must be set back at
least 12.0 m from the front property line.
6.
The front 12.0 m of the property must include 40% of the area as soft
landscaping.
7.
At least five (5) on-site parking stalls shall be provided within the front yard for
customers and staff.
8.
An application for an Auto Recycling and Salvage Yard must be accompanied
by a Storm Water Management Plan that meets the City of Wetaskiwin Design
Standards and that has been approved in writing by the engineering
department prior to the issuance of a development permit.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 292 of 314
PART 8 - SPECIFIC USE REGULATIONS
9.
The storage area of an Auto Recycling and Salvage Yard must be hard
surfaced and be kept free of vegetation.
10.
An Auto Recycling and Salvage Yard shall be equipped with a private on-site
fire hydrant that meets the City of Wetaskiwin Design Standards.
11.
No storage of salvage or unlicensed vehicles shall be kept outside of the
fenced area.
12.
An Auto Recycling and Salvage Yard shall have a permanent building that is
equipped with offices and washroom facilities.
8.26
Vehicle Oriented Uses
8.26.1
Application of Subsection
1.
Developments in the following use classes shall comply with the special
regulations of this Section:
a.
Drive-in Food Service;
b.
Service Station;
c.
Rapid Drive-through Vehicle Service
2.
The Development Officer may also require that developments not included in
the use classes listed in clause (1) above, such as drive-through automated
teller machines or other similar uses, shall comply with the regulations of this
Section if such developments provide drive-in service or service in which
patrons remain within their vehicle.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 293 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.26.2
Development Regulations
1.
Sites shall be located:
a.
at the intersection of two (2) or more public roadways, but not including
lanes, provided that a site may be located between intersections where
there is a service road or a centre median; or
b.
as part of a shopping centre or in conjunction with other commercial
development, if the Engineering Department is satisfied that the
development shall not adversely affect the functioning of surrounding
public roadways, or traffic circulation on the site.
2.
The minimum frontage shall be 30.0 m.
3.
Service Stations and Rapid Drive-through Vehicle Services shall have a
minimum lot depth of 30.0 m.
4.
Site area and coverage shall be provided as follows:
a.
the minimum site area for Drive-in Food Services, or developments
defined in Subsection 8.26.1(2) shall be 930 m2, and the maximum site
coverage shall be 15%;
b.
the minimum site area for a Service Station as an independent
development shall be 1200 m2 and the maximum site coverage, including
pump islands, shall not exceed 20%;
c.
where two (2) or more of the aforementioned uses are part of a mixed use
development on the same site, the total site area requirements shall be
the sum of the requirements of the uses computed separately, unless the
applicant can demonstrate to the Development Officer that there is a
complementary use of space which would warrant a reduction in site area
requirement.
5.
Queuing Space shall be provided as follows:
a.
for Drive-in Food Services and other developments having a drive-through
service window, a minimum of eight (8) in-bound queuing spaces shall be
provided for vehicles approaching the drive-through service window, and
two (2) out-bound queuing spaces shall be provided on the exit side of
each service position and this space shall be located so as not to interfere
with service to the next vehicle;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 294 of 314
PART 8 - SPECIFIC USE REGULATIONS
b.
for Rapid Drive-through Vehicle Services a minimum of four (4) in-bound
and two (2) out-bound queuing spaces shall be provided for each service
bay, except in the case of:
i. a complete service car wash or a multi-bay single entrance self-service
car wash the number of required queuing spaces shall be as follows:
-
a minimum of five (5) in-bound to a maximum of ten (10)
queuing spaces for facilities with up to ten (10) bays, and a
minimum of two (2) out-bound queuing space shall be provided;
-
a minimum of five (5) in-bound to a maximum of fifteen (15)
queuing spaces for facilities with eleven (11) or more bays, and
a minimum of two (2) out-bound queuing space shall be
provided;
ii. a multi-bay multi-entrance self-service car wash a minimum of two (2)
in-bound and a minimum of one (1) out-bound queuing space shall be
provided for each bay. The actual number of queuing spaces shall be
determined to the satisfaction of the Development Officer.
c.
for Rapid Drive-through Vehicle Services and Drive-in Food Services,
access aisles and queuing spaces associated with these use classes shall
be located no less than 3.0 m from any property line where the site
containing these use classes abuts any site containing existing residential
or residential-related uses, including situations where such sites are
separated by a road or lane 10.0 m or less in width. The orientation of
access aisles, queuing spaces and on-site vehicular circulation shall be
designed to the satisfaction of the Development Officer, in consultation
with the Engineering Department, having regard to the minimization of
traffic circulation conflicts, and to other on-site and off-site impacts,
particularly regarding existing off-site and adjacent residential or
residential-related uses; and
d.
all queuing spaces shall be a minimum of 6.5 m long and 3.0 m wide.
Queuing lanes shall provide sufficient space for turning and maneuvering.
6.
Service Stations shall adhere to the following additional regulations:
a.
all pump islands shall be located at least 6.0 m from any boundary of the
site, parking area on the site, or laneways intended to control traffic
circulation on the site; and
b.
any canopy over a gas pump island shall be no closer than 3.0 m to any
boundary of the site, and shall be designed, finished, and of a height such
Bylaw 1804-13, as amended
Land Use Bylaw
Page 295 of 314
PART 8 - SPECIFIC USE REGULATIONS
that the canopy is not obtrusive, and maintains consistency with the design
and eave line of the principal building on-site. The canopy area shall not
be included in the calculation of site coverage for the purpose of this
Subsection; and
c.
where these use classes are adjacent to sites zoned residential or
separated from them by a lane or are directly visible to residential uses
across a public roadway, the design, finishing, lighting, and siting of
development, including the orientation of gas pump islands and service
bays with the intent of achieving a compatible relationship with
surrounding development and a high standard of appearance when
viewed from adjacent roadways.
7.
Rapid Drive-through Vehicle Services and Drive-in Food Services shall adhere
to the following additional regulations:
a.
the design, finishing and siting of such development shall achieve a
compatible relationship with surrounding development and a high
standard of appearance when viewed from adjacent roadways; and
b.
these use classes shall be located not less than 15.0 m from any property
line where the site containing these use classes abuts any site zoned
residential or any site containing residential or residential-related uses,
including situations where such sites are separated by a road or lane
10.0 m or less in width. This 15.0 m minimum setback distance may be
reduced at the discretion of the Development Officer, if the Development
Officer is satisfied that impacts on the residential or residential-related
uses shall be minimal due to structural and design measures incorporated
into the proposed development;
c.
where these use classes and associated access aisles and queuing
spaces are located within 30.0 m of a property line where the site
containing these use classes abuts any site zoned residential or any site
containing existing residential or residential-related uses, including
situations where such sites are separated by a road or lane 10.0 m or less
in width, the following fencing and landscaping requirements shall apply:
i. solid, screen fencing constructed of wood or suitable wood-like
synthetic substitute, 1.83 m in height; and
ii. required fencing shall be augmented with tree and shrub planting
designed to soften the visual effect of the required fencing and shall be
provided in accordance with the standards identified in Part 7.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 296 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.
Drive-in Food Services and other developments having a drive-through service
window shall adhere to the following additional regulations:
a.
the location, orientation and setback of drive-through service windows
shall be to the satisfaction of the Development Officer in consultation
with the Transportation and Streets Department, having regard to the
minimization of on-site and off-site traffic impacts.
8.27.1
Temporary Storage Yard
1.
A temporary storage yard shall only be used as an interim use for a period not
exceeding one (1) year under any development permit. A permit may be
renewed annually at the discretion of the Development Officer.
2.
No alteration to the grade of the site shall take place without a development
permit to excavate.
3.
Prior to constructing a fence to enclose a temporary storage yard, the owner
shall provide the necessary surveying information to the City Engineering
department to indicate that the grades at the fenced property lines are at or
near proper elevations to control storm water within the vicinity of the site.
4.
Intermodal containers and portable tent structures may be allowed to be stored
in a temporary storage yard under a separate permit.
5.
Storage on the site must be kept safe and orderly to allow access throughout
the site and must not be for the storage of salvage or in operable vehicles.
6.
Vegetation must be controlled in a temporary storage yard to a growth height
of less than 100.0 mm and the site must be kept free of noxious weeds.
7.
Access to the site must have appropriate curb cuts as approved by the City's
Engineering department.
8.27.2
Temporary Building
1.
An application for a temporary building shall be accompanied by the following:
a.
information required under Section 4.2;
b.
the development permit fee as prescribed pursuant to in Section 3.11
which will include an annual fee;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 297 of 314
PART 8 - SPECIFIC USE REGULATIONS
c.
$1000 deposit fee to ensure removal of the temporary building by the
development permit expiry date; and
d.
information regarding the exterior appearance of the building.
2.
A temporary building shall meet all yard setback requirements and building
separation requirements required in the district zoning classification
regulations.
3.
The maximum period a Development Officer may issue a development permit
for is one (1) year from date of development permit approval. The Development
Officer may, at their discretion, issue one (1) extension of up to one (1)
additional year.
4.
Failure to remove the temporary building on, or before the expiry date, will
result in:
a.
penalties;
b.
per day fines pursuant to Section 10; and
c.
use of the deposit fee to have the building and contents removed from the
site.
8.27.3
Tent Structure
1.
An application for a tent structure, as defined, shall be accompanied by the
following:
a.
information required under Section 4.2;
b.
the development permit fee as prescribed pursuant to in Section 3.11;
c.
documentation to verify that the tent structure will support local snow
loads; and
d.
information regarding the exterior appearance of the building for
consideration by the Development Officer.
2.
A tent structure shall meet all yard setback requirements and building
separation requirements required in the district zoning classification
regulations.
3.
A permit holder intending to use a tent structure for the public assembly of
persons shall arrange for inspection and gain written approval from the Fire
Bylaw 1804-13, as amended
Land Use Bylaw
Page 298 of 314
PART 8 - SPECIFIC USE REGULATIONS
Department to ensure the fire safety and the public meets egress requirements
of the appropriate codes prior to access.
4.
Tent structures shall be no closer to the front property line than the leading
edge of the principal dwelling.
5.
Tent structures shall meet all regulations as outlined for a detached garage.
6.
Tent structures placed on properties with commercial, industrial, or urban
service zoning classifications intended for longer term use shall be kept in a
neat and tidy appearance without wind damage or tears.
7.
Uses within tent structures on properties that are within the vicinity of
residential uses, as determined by the Development Officer, are limited to
storage uses only and not industrial activities.
8.27.4
Intermodal Container Storage amended as per Bylaw1922-19
1. Intermodal Containers located in the C2 - General Commercial, C3 - Highway
Commercial, C5 - Shopping Centre Commercial and UR - Urban Reserve
districts must meet the following requirements:
a.
Must be in the rear yard of the parcel.
b.
Must be a minimum of 2.0 m from the principal building.
c.
Must be a minimum of 1.0 m from the rear lot line.
d.
Must not be stacked on one another or any other structure.
e.
Must only be placed on parcels that have a principal building already
developed on it.
2.
Intermodal Containers are limited to a maximum of one (1) intermodal
container per hectare in the following districts:
a.
C2 - General Commercial
b.
C3 - Highway Commercial
c.
C5 - Shopping Centre Commercial
d.
UR - Urban Reserve.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 299 of 314
PART 8 - SPECIFIC USE REGULATIONS
3.
All Intermodal Containers located in the C2 - General Commercial, C3 -
Highway Commercial, C5 - Shopping Centre Commercial and UR - Urban
Reserve districts must meet the following criteria:
a.
must be fully painted the same colour as the principal building;
b.
must be free of graffiti; and
c.
must be screened by either solid fencing at a height of 1.8 m or coniferous
trees at a minimum height of 1.8 m when planted.
4.
All pre-existing intermodal containers located in the C2 - General Commercial,
C3 - Highway Commercial, C5 - Shopping Centre Commercial and UR -
Urban Reserve districts have one year from the date of the bylaw approval to
become compliant with these specific use regulations
5.
Permit fees for Intermodal Containers are annual and due by January 1 of each
calendar year upon the placement of an intermodal container.
8.28
Stockpile Site
1.
Other than a site approved for development work related to an approved
subdivision, approved building project, or for municipal work, no person or
party shall create a stockpile of materials without first obtaining a development
permit to do so.
2.
An application to place a stockpile on a site shall be accompanied by a letter
signed by the property owner, stating the guaranteed date of removal of the
stockpile and the name of the party responsible to remove the stockpile.
3.
Any stockpile shall be kept in a safe and manageable manner and not be
deemed a nuisance or unsafe property under the nuisance bylaw.
4.
Any stockpile shall be kept free of noxious weeds.
5.
No person shall create a stockpile of materials that have been relocated from
a site where the soils may have been contaminated with environmentally
sensitive materials.
6.
No person shall create a stockpile within 200.0 m of an existing residential
property without the site being fully fenced to discourage the access of persons
and having signs placed to advise of the dangers.
7.
The development officer may require the applicant to provide financial security
to ensure that the stockpile is removed from the site within agreed timelines.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 300 of 314
PART 8 - SPECIFIC USE REGULATIONS
8.29
Auctioneering Establishment
1.
Auctioneering establishments with outdoor auction activity shall be placed at
least 300.0 m from any property classified as residential use.
2.
Indoor auctioneering establishments shall have on-site parking provided at a
ratio of one (1) stall per two (2) patrons based on building code occupancy load
calculations.
3.
Outdoor auctioneering establishments shall 25% of the site dedicated for
patron parking.
8.30
Mini Storage Facility amended as per Bylaw 2040-23
1.
Mini Storage Facilities in Industrial zones shall be entirely fenced. Mini Storage
Facilities in Commercial zones shall fence any outdoor rental spaces.
2.
Access Gates to enter the Mini Storage Facilities site shall be set back from
the front property line by at least 7.0 m and shall not swing outward.
3.
Outdoor rental spaces at Mini Storage Facilities in Commercial districts shall
be set back equal to or greater than the setback of the primary building.
4.
Mini Storage Facilities located in Commercial districts shall be of a higher
exterior architectural standard suitable to a commercial area.
5.
Building spacing and layout shall meet the requirements of the Alberta Building
Code
8.31
Security Suite
1.
Security suites shall not exceed 80 m2 in floor area.
2.
Security suites must be designed and constructed to meet all building code
requirements.
3.
The occupier of a security suite must be accepting of all surrounding and
commercial and industrial uses and associated noise and traffic.
8.32
Medical Marijuana Production Facilities added as per Bylaw 1855-15
1.
All Medical Marijuana Production Facilities must be located outside of a 76.0 m
radius from the property line to any of the following:
Bylaw 1804-13, as amended
Land Use Bylaw
Page 301 of 314
PART 8 - SPECIFIC USE REGULATIONS
a.
the nearest residential district;
b.
any existing religious assembly;
c.
any existing private and public schools;
d.
any existing day care facility;
e.
any existing community hall; or
f.
any existing park
2.
Medical Marihuana Production Facilities shall:
a.
be contained in a fully enclosed stand-alone building;
b.
must not have any outdoor area for storage of goods, materials, and
supplies;
c.
must have all loading stalls and docks inside the building;
d.
must include equipment designed and intended to remove odors from the
air where it is discharged from the building as part of the ventilation
system.
8.33
Cannabis Retail added as per Bylaw 1914-18
1.
A Cannabis Retail development shall be outside of the specific radius for the
following:
a.
100 m from parks
b.
100 m for playgrounds
c.
100 m from schools
d.
100 m from child care
e.
100 m from libraries
f.
100 m from hospitals
g.
50 m from liquor stores
h.
50 m from other Cannabis Retail uses
Bylaw 1804-13, as amended
Land Use Bylaw
Page 302 of 314
PART 8 - SPECIFIC USE REGULATIONS
2.
For any sites over 10 acres in size the setback distance identified in 8.33.1
(excluding provincial requirements) shall be calculated from the exterior of the
retail space, not the parcel boundary.
3.
If a development permit application is made for a park, playground, school,
child care, or library after the approval of a Cannabis Retail use and it is within
the specified buffer distance from the Cannabis Retail; the park, playground,
school, child care, or library shall not be bound by the required buffer distances
from the Cannabis Retail use.
4.
The number of Cannabis Retail permits approved will be limited to 3 at any one
time. The applications to be considered will be chosen by a random selection
process as follows:
a.
Random selection process applications will be accepted up to a date
established by City Council.
b.
Applicants will need to meet the criteria established at the time of the
random selection process.
c.
All valid applications will be entered into a random selection draw that will
be conducted by an independent third party.
d.
The order in which the applications are selected will be posted and
applicants will be notified of their ranking and a time to meet with the
Development Authority to accept their development permit application.
e.
The application will then be reviewed within the time established in
Section 4.5.
f.
If less than 3 Cannabis Retail uses exist, the selection process of
applications will be a Bylaw 1914-18 page 5 of 6 continuation of the
previous random selection process unless otherwise directed by Council.
5.
All functions of the use shall be fully enclosed in the building.
6.
No outdoor storage shall be allowed on site.
7.
All garbage containers, waste material, and loading facilities shall be fully
enclosed within the building.
8.
The use shall not emit any odor or other substance which is harmful or injurious
to health or physical well-being.
9.
Products in the store must not be visible from outside the premise.
10.
Drive-through windows are prohibited.
11.
The building containing the Cannabis Retail use must be protected by a
professionally installed and supervised alarm system.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 303 of 314
PART 8 - SPECIFIC USE REGULATIONS
12.
The building containing the Cannabis Retail use must be secure from all sides
including the roof.
13.
Must comply with all applicable municipal, provincial, and federal legislation.
8.34
Sidewalk Patios added as per Bylaw 2019-22
1.
Shall only be installed as an accessory to an eating and drinking establishment
for which a development permit and business license have been issued.
2.
Shall only occupy the area abutting the frontage of the lot on which the
business resides, and shall not occupy the space abutting the frontage of any
other property.
3.
Shall not extend in front of any building exit and shall ensure that emergency
egress complies with all applicable regulations.
4.
Shall allow a clear path of pedestrian travel of minimum 2.0m (6'6") on the
public sidewalk.
5.
Shall not impeded sight lines at an intersection, cause any operational or safety
problem on a public road right of way.
6.
Shall be kept in neat and tidy order and shall be kept such that the items do
not pose a safety hazard to the public.
7.
Shall be monitored at all times by the owner of the business.
8.
Shall only be erected while the business is open, and shall be entirely removed
from public land and stored either indoors or offsite when the business is
closed.
9.
The Applicant is responsible for obtaining all relevant permissions (AGLC,
AHS, property owner, and other relevant regulatory bodies) before opening a
sidewalk patio, and shall be prepared to show proof of permission if requested
by the City's Development Authority or Bylaw Enforcement Officer.
8.35
Manufacturer's Taproom added as per Bylaw 2075-24
1.
All required parking for Manufacturer's Taproom shall be on the same site as
the facility.
2.
There shall be exit doors leading from the facility directly to the provided
parking lots.
3.
Between 10:00 p.m. one day and 7:00 a.m. the next day, all Manufacturer's
Taprooms shall keep all doors, windows, and other openings in the exterior
Bylaw 1804-13, as amended
Land Use Bylaw
Page 304 of 314
PART 8 - SPECIFIC USE REGULATIONS
walls that are located within 75.0 m of a property with a residential zoning
classification closed, except for doors during the entrance and exiting of
patrons, to prevent noise to the surrounding properties.
4.
Noise from Manufacturer's Taproom shall be controlled so it does not emit
beyond the boundaries of the site.
5.
The Development Officer may consider limiting the hours of operation, as a
condition of the Development Permit, if the site is adjacent to or across a
street or lane from residential uses. Consideration would be based on
potential outdoor noise and annoyances from traffic and pedestrian uses.
8.36
Solar Collectors added as per Bylaw 2095-25
1.
An application for a Solar Collector will be reviewed by the Development
Authority to ensure the proposal will not negatively impact the surrounding
area. The Development Authority will have specific regard for visual impacts
on neighbouring properties and public roadways.
2.
The Development Authority may request technical drawings or studies to
assess impacts as set out in subsection 1.
3.
No above ground portion of a solar collector may be located in a front yard or
a minimum required side yard as specified for the district.
8.37
Small Animal Kennel added as per Bylaw 2098-25
1.
Any outdoor areas that may contain animals must be fenced and
screened to ensure security of the animals and the aesthetic character
of the property.
2.
All facilities shall be kept in a manner satisfactory to the applicable health
authority and in accordance with the Animal Protection Act.
3.
No Small Animal Kennel shall generate significant noise or odour
beyond the site that may impact the use and enjoyment of the
neighbouring properties.
4.
If an outdoor enclosure is located within 75.0 m of a property with
residential zoning classification, animals shall not be kept outdoors
between the hours of 9:00 p.m. one day and 7:00 a.m. the next day.
5.
The Development Officer may require specific screening, buffers,
landscaping and other measures to mitigate potential negative impacts
on neighbouring properties.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 305 of 314
PART 8 - SPECIFIC USE REGULATIONS
6.
In addition to the applicable development permit requirements under
section 4.2 and 4.3, an application for a Development Permit for a Small
Animal Kennel shall include
a. The type of facility,
b. The maximum number of animals kept on site at any one time,
c. How noise will be mitigated, and
d. Days and hours of operation.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 306 of 314
PART 9 - LAND SUBDIVISION CONSIDERATIONS
9.1
Purpose
1.
The purpose of this Part is to provide regulations, reference of documents and
other regulations to persons considering applying for subdivision of land and
the development of such land into serviced lots of the items they must consider
before application. This does not cover all items however does provide a basic
understanding of the planning considerations.
9.2
Minimum Parcel Sizes
1.
Except as specified in 9.2.2 or 9.2.3, the minimum size of any lot that is
proposed in a subdivision of land shall meet the minimum lot sizes and areas
for the proposed zoning as specified in Schedule 9A.
2.
Where an Area Structure Plan has been approved prior to the effective date of
this Bylaw and the minimum parcel sizes meet the requirements of this Bylaw,
the Subdivision Authority may approve the subdivision without considering
Schedule 9A. replaced by Bylaw 1997-21
3.
In situations where existing parcels cannot be logically subdivided, an
application can be made to City Council for a variance to the minimum parcel
sizes. The decision is at the sole discretion of City Council.
9.3
Engineering Design Standards
1.
All infrastructure and municipal improvements related to subdivision of land
within the City shall be designed and constructed in accordance with the "City
of
Wetaskiwin
Design
Guidelines
and
Construction
Standards
for
Developments".
2.
The "City of Wetaskiwin Design Guidelines and Construction Standards for
Developments" outline practices acceptable to the City, amended from time to
time, and approved by resolution of City Council.
3.
Any discretion in the interpretation of the "City of Wetaskiwin Design Guidelines
and Construction Standards for Developments", lies solely with the City
Manager or designate.
9.4
Provincial Regulation
1.
Applications for subdivision must consider the Alberta Land Uses Policies.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 307 of 314
PART 9 - LAND SUBDIVISION CONSIDERATIONS
2.
When considering a subdivision application, it is highly recommended that a
person be familiar with or have parties engaged, that understand the
requirements of the following legislation:
a.
the Municipal Government Act, Part 17;
b.
The Subdivision and Development Regulation;
c.
The Land Titles Act; and
d.
The Environmental Protection and Enhancement Act.
3.
The subdivision applicant will be required to prove that the land is suitable for
the proposed subdivision and uses.
9.5
Intermunicipal Development Plan
1.
The City is in an agreement, approved by bylaw, with the County regarding
land uses adjacent to the municipal boundaries. Refer to the approved bylaw
when considering development in proximity to the municipal boundary.
2.
Land that is planned in conjunction with lands beyond the City boundaries must
gain the approval of both municipalities.
9.6
Municipal Development Plan
1.
Persons considering subdivision of lands should refer to the Municipal
Development Plan, which is a separate bylaw of the City of Wetaskiwin, as it
may affect the land and consideration for approval of the subdivision.
9.7
Area Structure Plans
1.
The Municipal Development Plan identifies many items including which areas
that must have Area Structure Plans in place prior to subdivisions.
2.
Area Structure Plans are approved neighbourhood plans and exist in several
areas of the City.
3.
Persons considering subdivision of lands should refer to the any Area
Structure Plan, which is a separate bylaw of the City of Wetaskiwin, as it may
affect the land and consideration for approval of the subdivision.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 308 of 314
PART 9 - LAND SUBDIVISION CONSIDERATIONS
9.8
Area Redevelopment Plans
1.
Established areas of the City may have an approved plan in place for the
redevelopment of a neighbourhood, called an Area Redevelopment Plan.
2.
Persons considering consolidation or subdivision of lots in established areas
should refer to any Area Redevelopment Plans.
9.9
Documents Registered on the Land Title
1.
When considering subdivision of land, a person must be prepared to meet all
obligations of the documents registered on the Land Title. It is recommended
that the applicant be fully aware of these obligations.
9.10
Servicing Availability and Servicing Master Plans
1.
Persons considering subdivision must be aware that utility servicing may or
may not be available to properties and should consult with the appropriate
utility provider prior to making application for subdivision of land to understand
the consequence and associated costs.
2.
Where land is available for multi lot subdivisions, persons considering
application should consult with appropriate planning professionals or civil
engineers.
9.11
Costs Associated with Subdivision
1.
In general terms all costs associated with the subdivision of lands are the costs
of the Developer.
2.
Once the land has been subdivided and has had the municipal improvements
installed to the satisfaction of the City and survived the prescribed
maintenance period, the City will accept the responsibility for maintenance.
3.
The Developer will be required to enter into a development agreement with the
City regarding, among other things, the costs associated with the subdivision
of land.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 309 of 314
PART 9 - LAND SUBDIVISION CONSIDERATIONS
Schedule 9A - Minimum Parcel Sizes for Subdivision of Land
Residential Zoning Classification
Min. Lot
Width
Min. Lot
Depth
Min. Lot
Area
Min.
Building Pocket
(width x depth)
R1-Single Dwelling Building
Rectangular lot, internal lot, with lane access
15.0 m
33.5 m
525.0 m2
Rectangular lot, internal lot, no lane access
16.5 m
33.5 m
550.0 m2
Corner Lot, with or without lane
17.0 m
33.5 m
560.0 m2
Irregular shaped lot with lane access
13.5 m
33.5 m
600.0 m2
12.0 m x 13.0 m
Irregular shaped lot without lane access
15.0 m
35.0 m
600.0 m2
12.0 m x 13.0 m
R1A - Small Lot Single Dwelling Residential
Rectangular lot, internal lot
12.2 m
35.0 m
430 m2
Corner Lot
14.5 m
35.0 m
510 m2
Irregular shaped lot
11.0 m
33.5 m
500 m2
9.2 m x 14.0 m
R1N - Narrow Lot Single Family Residential
Rectangular lot, internal lot
10.9 m
36.6 m
400 m2
Corner Lot
12.4 m
36.6 m
460 m2
Irregular shaped lot
10.0 m
35.0 m
450 m2
7.9 mx 11.0 m
R1R - Country Residential
Rectangular lot
23.0 m
60.0 m
2000 m2
Irregular shaped lot
23.0 m
50.0 m
2000 m2
17.0 m x 15.0 m
RE - Residential Estate
Rectangular lot
20.0 m
60.0 m
1200 m2
Irregular shaped lot
19.0 m
50.0 m
1200 m2
15.0 m x 15.0 m
RMX - Residential Mixed Use
Rectangular lot
23.0 m
60.0 m
2000 m2
Irregular shaped lot
2000 m2
17.0 mx 15.0 m
RMH - Manufactured Home Park
Manufactured Home Community
110.0 m
20000 m2
R2 - Low Density Residential
Semi-Detached housing lot, no lane access
9.0 m
36.6 m
330 m2
Semi-Detached housing lot, with lane access
7.5 m
36.6 m
275 m2
Semi-Detached housing, corner lot
9.0 m
36.6 m
330 m2
Single Dwelling Unit, with lane access
14.0 m
36.6 m
513 m2
Single Dwelling Unit, no lane access or corner lot
15.5 m
36.6 m
570 m2
Duplex housing lot, with lane access
15.0 m
36.6 m
549 m2
Duplex housing lot, no lane access
18.0 m
36.6 m
659 m2
Duplex housing lot, corner lot
16.5 m
36.6 m
605 m2
Duplex housing lot, irregular shaped lot
15.0 m
34.0 m
610 m2
12.0 m x 16.0 m
R3 - Medium Density Residential
Townhome lot, lane access, internal unit
5.0 m
36.6 m
183 m2
Townhome lot, lane access, end unit
7.0 m
36.6 m
256 m2
Bylaw 1804-13, as amended
Land Use Bylaw
Page 310 of 314
PART 9 - LAND SUBDIVISION CONSIDERATIONS
Residential Zoning Classification
(continued)
Min. Lot
Width
Min. Lot
Depth
Min. Lot
Area
Min.
Building Pocket
(width x depth)
Townhome lot, lane access, corner lot
8.0 m
36.6 m
263 m2
Semi-Detached housing lot, no lane access
9.0 m
36.6 m
330 m2
Semi-Detached housing lot, with lane access
7.5 m
36.6 m
275 m2
Semi-Detached housing lot, irregular shaped lot
7.5 m
34.0 m
290 m2
6.0 m x 15.0 m
Duplex housing lot, with lane access
15.0 m
36.6 m
549 m2
Duplex housing lot, no lane access
18.0 m
36.6 m
659 m2
Duplex housing lot, corner lot
16.5 m
36.6 m
605 m2
Duplex housing lot, irregular shaped lot
15.0 m
34.0 m
610 m2
12.0 m x 16.0 m
Triplex \ Fourplex, lane access required, internal lot
18.0 m
36.6 m
659 m2
Triplex \ Fourplex, corner lot
20.0 m
36.6 m
732 m2
Triplex \ Fourplex, irregular lot, lane access required
18.0 m
35.0 m
732 m2
12.0 m x 20.0 m
Apartment Buildings
23.0 m
36.6 m
842 m2
Single Dwelling Unit, with lane access
12.0 m
36.6 m
440 m2
Single Dwelling Unit, no lane access or corner lot
14.0 m
36.6 m
513 m2
R4 - High Density Residential
Townhome lot, lane access, internal unit
5.0 m
36.6 m
183 m2
Townhome lot, lane access, end unit
7.0 m
36.6 m
256 m2
Townhome lot, lane access, corner lot
8.0 m
36.6 m
263 m2
Semi-Detached housing lot, no lane access
9.0 m
36.6 m
330 m2
Semi-Detached housing lot, with lane access
7.5 m
36.6 m
275 m2
Semi-Detached housing lot, irregular shaped lot
7.5 m
34.0 m
290 m2
6.0 m x 15.0 m
Duplex housing lot, with lane access
15.0 m
36.6 m
549 m2
Duplex housing lot, no lane access
18.0 m
36.6 m
659 m2
Duplex housing lot, corner lot
16.5 m
36.6 m
605 m2
Duplex housing lot, irregular shaped lot
15.0 m
34.0 m
610 m2
12.0 m x 16.0 m
Triplex \ Fourplex, lane access required, internal lot
18.0 m
36.6 m
659 m2
Triplex \ Fourplex, corner lot
20.0 m
36.6 m
732 m2
Triplex \ Fourplex, irregular lot, lane access required
24.0 m
35.0 m
732 m2
12.0 m x 20.0 m
Apartment Buildings
24.0 m
36.6 m
842 m2
R5 - Condominium Residential
Multi-Unit Development Site
12500 m2
Bareland Condominium Building Site
12.0 m
230 m2
Commercial Zoning Classification
Min. Lot
Width
Min. Lot
Depth
Min. Lot
Area
Min.
Building Pocket
(width x depth)
C1 - Downtown Commercial
Internal Lot
12.0 m
36.6 m
549 m2
C2 - General Commercial
Internal Lot, with Lane Access
15.0 m
549 m2
Bylaw 1804-13, as amended
Land Use Bylaw
Page 311 of 314
PART 9 - LAND SUBDIVISION CONSIDERATIONS
Internal Lot, without Lane Access
24.0 m
864 m2
Commercial Zoning Classification
(continued)
Min. Lot
Width
Min. Lot
Depth
Min. Lot
Area
Min.
Building Pocket
(width x depth)
Corner Lot
24.0 m
864 m2
C3 - Highway Commercial
Internal Lot
25.0 m
750 m2
Corner Lot
30.0 m
900 m2
C4 - Neighbourhood Commercial
Corner Lot
30.0 m
750 m2
C5- Shopping Center Commercial
Development Area
40000 m2
Individual lots within the Development area
50.0 m
50.0 m
4000 m2
Industrial Zoning Classification
Min. Lot
Width
Min. Lot
Depth
Min. Lot
Area
Min.
Building Pocket
(width x depth)
M1 - Light Industrial
Internal Lot
20.0 m
800 m2
Corner Lot
24.0 m
960 m2
M2 - Heavy Industrial
Internal or Corner Lot
30.0 m
1000 m2
M3 - Airport Industrial
Internal Lots
20.0 m
35.0 m
700 m2
Corner Lots
25.0 m
35.0 m
875 m2
Urban Zoning Classification
Min. Lot
Width
Min. Lot
Depth
Min. Lot
Area
Min.
Building Pocket
(width x depth)
US - Urban Service
At the discretion of the Subdivision Authority
At the discretion of the Subdivision Authority
UR - Urban Reserve
Without Area Structure Plan in place
8000.0 m
8000.0 m
300000 m2
With Area Structure Plan in place
At the discretion of the Subdivision Authority
Direct Control Zoning Classification
Min. Lot
Width
Min. Lot
Depth
Min. Lot
Area
Min.
Building Pocket
(width x depth)
DC- Direct Control
At the discretion of the Subdivision Authority with
consideration of Statutory Plans
DCEM - Direct Control Environmental Management
At the discretion of the Subdivision Authority with
consideration of Statutory Plans
Bylaw 1804-13, as amended
Land Use Bylaw
Page 312 of 314
PART 10 - CONTRAVENTIONS, VIOLATIONS, AND PENALTIES
10.1
General
1.
The enforcement powers granted to the Development Officer under this Bylaw
are in addition to any enforcement powers the City or any of its officers may
have under the Municipal Government Act or any other applicable legislation.
The Development Officer may exercise all such powers concurrently.
2.
The Council of the City shall from time to time, considering social and economic
factors including the resources available to it and the various demands made
upon those resources by the residents of the City, allocate resources to the
Development Manager of the Development Services Department, who shall
then determine the extent of enforcement made under this Bylaw to optimize
use of those resources.
10.2
Violation Notices
1.
If a Development Officer or Enforcement Official finds a violation of this Bylaw,
the City shall notify either the owner of the land, the building or the structure,
the person in possession of the land, building or structure, the person
responsible for the violation or any or all of them, of the contravention of this
Bylaw, by:
a.
issuing them an order under Subsection 10.4; and or
b.
delivering a violation notice delivered either in person or by ordinary mail:
i.
to the owner of the land, building or structure at the address listed on
the tax roll for the land in question; or
ii.
to the owner of the sign, at a location where the owner carries on
business; or
iii. in the case of non-fixed signs, verbal notification to the sign owner; or
iv. by delivering a violation notice in person to the sign owner or by
ordinary mail or by facsimile to an address where the sign owner
carries on business.
c.
such notice shall state the following:
i.
nature of the violation of this Bylaw;
ii.
corrective measures required to comply with this Bylaw; and
iii. time within which such corrective measures must be performed.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 313 of 314
PART 10 - CONTRAVENTIONS, VIOLATIONS, AND PENALTIES
10.3
Offences
1.
Any owner, lessee, tenant or occupant of land, building, structure, or sign
thereon, who, with respect to such land, building, or structure
a.
contravenes this Bylaw; or,
b.
causes, allows, or permits a contravention of any provision of this Bylaw;
commits an offence.
2.
It is an offence for any person;
a.
to construct a building or structure;
b.
to make an addition or alteration thereto; or
c.
to place a sign;
d.
to place a fence; or
e.
to commence excavation on a site;
for which a development permit is required but has not been issued or is not
valid under this Bylaw.
3.
If the corrective measures described in a violation notice issued pursuant to
Subsection 10.2 are not completed within the time specified by the violation
notice, the person to whom the violation notice was issued is guilty of an
offence and will be issued a violation ticket and shall pay the penalty amount
specified in Schedule 10A to the City.
4.
It is an offence to display a non-fixed sign or fixed sign without a valid
development permit.
5.
It is an offence to have a sign in an abandoned state on a site.
6.
It is an offence to use any property or building without a valid development
permit where the use is listed as a permitted or discretionary use in the zoning
classification regulations.
7.
It is an offence to use any property or building without a valid development
permit where the use is not listed as a permitted or discretionary use in the
zoning classification regulations unless the use is deemed to be legal
non-conforming.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 314 of 314
PART 10 - CONTRAVENTIONS, VIOLATIONS, AND PENALTIES
8.
It is an offence to continue with a use or a development after a development
permit has been revoked.
9.
It is an offence to continue with a use or a development after a development
permit has expired.
10.
It is an offence to have a non-fixed sign that does not conform to sign
regulations.
11.
If a person does not comply with an order issued pursuant to this Bylaw or
obstructs or hinders any person in exercise of the person's powers granted to
them under this Bylaw, such person is guilty of an offence and subject to
penalties as prescribed by the Court.
10.4
Orders
1.
If a Development Officer finds that a development, or land use or use of a building
is not in accordance with:
a.
the Act or regulations under the Act;
b.
a development permit or a condition thereof;
c.
a subdivision approval or condition thereof;
d.
an agreement pursuant to a development permit or a subdivision approval;
e.
this Land Use Bylaw, or
f.
a violation ticket issued under this Part
2.
the Development Authority may, by written notice, order the owner, the person in
possession of the land or building or the person responsible for the contravention
of all or any of them to:
a.
stop the development or use of the land or building in whole or in part as
directed by the notice,
b.
demolish, remove, or replace the development, or
c.
carry out other actions required by the notice so that the development or
use of the land or building complies with the Act, regulations under Part
17 of the Act, this Land Use Bylaw, a development permit, or subdivision
approval within the time specified by the notice.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 315 of 314
PART 10 - CONTRAVENTIONS, VIOLATIONS, AND PENALTIES
10.5
Enforcement of Orders
1.
If a person fails or refuses to comply with:
a.
an order directed to the person under Section 645 of the Act,
b.
an order of the Subdivision and Development Appeal Board under
Section 687 of the Act,
the City may, in accordance with Section 542 of the Act, enter onto the land or
building and take any necessary action to carry out an order.
2.
The city may register a caveat under the Land Titles Act with respect to the order,
where a person fails or refuses to comply with the order, against the certificate of
title for the land that is subject of the order.
3.
Where the Council or a person acting under the authority of this Bylaw carries out
an order under Section 646 of the Act, the expense and costs occurred in carrying
out the order will be added to the tax roll of the parcel of land and deemed to be
a tax from the date it was added to the tax roll and form a special lien against the
parcel of land in favour of the City.
4.
If a person does not comply with an order issued pursuant to this Bylaw or
obstructs or hinders any person in exercise of the person's powers granted to
them under this Bylaw, such person is guilty of an offence and subject to penalties
as prescribed by the Court.
10.6
Penalties
1.
A person who is found guilty of non-compliance with an order is liable to a fine
of not more than $10,000, or to imprisonment for not more than one year, or to
both fine and imprisonment.
2.
Penalties imposed on a conviction of non-compliance with an order under this
Bylaw are an amount owing to the City.
10.7
Court Order to Comply
1.
If a person is found guilty of a non-compliance with an order, the court may, in
addition to any other penalty imposed, order the person to comply with:
a.
this Land Use Bylaw;
b.
an order issued pursuant to this Bylaw;
Bylaw 1804-13, as amended
Land Use Bylaw
Page 316 of 314
PART 10 - CONTRAVENTIONS, VIOLATIONS, AND PENALTIES
c.
a development permit or a condition of a development permit;
d.
a subdivision approval or a condition of subdivision approval;
e.
an agreement pursuant to a development permit or a subdivision approval;
f.
a decision of the Subdivision and Development Appeal Board; or
g.
a decision of the Municipal Government Board respecting a subdivision.
10.8
Cancellation of Permit
1.
The Development Officer may revoke a development permit where any person
undertakes or causes or permits any development on a site contrary to the
development permit.
2.
The Development Officer shall notify the development permit holder and the
owner of the land, building, structure, or sign (if not the same) of the
cancellation of the development permit. The revocation is effective upon
receipt of the notice by the development permit holder.
3.
Any person who undertakes, causes, or allows any development after a
development permit has been revoked, shall discontinue such development
forthwith and shall not resume such development unless a new development
permit has been issued.
4.
All developments continuing after the development permit has been revoked
shall be deemed to be developments occurring without a development permit
under this Section.
5.
The Development Officer may cancel a development permit where required
fees have not been received.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 317 of 314
PART 10 - CONTRAVENTIONS, VIOLATIONS, AND PENALTIES
Schedule 10A - Fines for Offences
1.
The following table indicates the fines for offences outlined in Subsection 10.3
10.3(2)
Failing to obtain a development permit prior to development
First Offence
$250.00
Second Offence
$500.00
Third and Subsequent Offences
$1000.00
10.3(2)(a)
Commencing with construction of a building or structure without a valid development permit
First Offence
$250.00
Second Offence
$500.00
Third and Subsequent Offences
$1000.00
10.3(2)(c)
Placement of a sign without a valid development permit
First Offence
$250.00
Second Offence
$500.00
Third and Subsequent Offences
$1000.00
10.3(3)
Failure to comply with violation notice
First Offence
$500.00
Second Offence
$1000.00
Third and Subsequent Offences
$2000.00
10.3(3)(e)
Failing to obtain a development permit prior to commencing excavation
First Offence
$500.00
Second Offence
$1000.00
Third and Subsequent Offences
$2000.00
10.3(4)
Displaying a sign without a valid development permit
First Offence
$100.00
Second Offence
$200.00
Third and Subsequent Offences
$400.00
10.3(5)
Having an abandoned sign on a property
First Offence
$100.00
Second Offence
$200.00
Third and Subsequent Offences
$400.00
10.3(6)
Failing to obtain a development permit prior to commencing with a permitted or discretionary
use of a property or building
First Offence
$250.00
Second Offence
$500.00
Third and Subsequent Offences
$1000.00
Bylaw 1804-13, as amended
Land Use Bylaw
Page 318 of 314
PART 10 - CONTRAVENTIONS, VIOLATIONS, AND PENALTIES
10.3(7)
Using a building or a property for a use that is not a permitted or discretionary use
First Offence
$500.00
Second Offence
$1000.00
Third and Subsequent Offences
$2000.00
10.3(8)
Continuing with a use or development after revocation of the development permit
First Offence
$500.00
Second Offence
$1000.00
Third and Subsequent Offences
$2000.00
10.3(9)
Continuing with a use or development with an expired development permit
First Offence
$250.00
Second Offence
$500.00
Third and Subsequent Offences
$1000.00
10.3(10)
Non-compliance of a non-fixed sign with any prescribed regulations
First Offence
$100.00
Second Offence
$200.00
Bylaw 1804-13, as amended
Land Use Bylaw
Page 319 of 314
PART 11 - CLASSIFICATION OF LAND INTO LAND USE DISTRICTS
11.1
The Land Use District Map
1.
The Land Use District Map, Part 11, Schedule A, divides the City into land use
classifications and specifies the land use classifications applying to lands. The
map is for demonstrative purpose only.
11.2
Land Use District Boundaries
1.
Should uncertainty or dispute arise relative to the precise location of any Land
Use Classification boundary, as depicted on the Land Use District Map, the
location shall be determined by applying the following rules:
a.
where a Land Use Classification boundary is shown as approximately
following the centre of streets, lanes, or other public thoroughfares, it shall
be deemed to follow the centre line thereof;
b.
where a Land Use Classification boundary is shown as approximately
following the boundary of a site, the site boundary shall be deemed to be
the boundary of the Land use classification for that portion of the Land Use
Classification boundary which approximates the site boundary;
c.
where a Land Use Classification boundary is shown approximately
following City limits, it shall be deemed to be following City limits;
d.
where a Land Use Classification boundary is shown as approximately
following the centre of pipelines, railway lines, or utility easements, it shall
be deemed to follow the centre line of the right-of-way thereof;
e.
where a Land Use Classification boundary is shown as being parallel to or
as an extension of features noted above, it shall be so construed;
f.
where features on the ground are at variance with those shown on the
Land Use District Map or in other circumstances not mentioned above, the
Development Officer shall interpret the Land Use Classification
boundaries. Any such decision may be appealed to the Subdivision and
Development Appeal Board; and
g.
where a Land Use Classification boundary is not located in conformity to
the provisions of clauses (1) to (8) above, and in effect divides or splits a
registered parcel of land, the disposition of such boundary shall be
determined by dimensions indicated on the Land Use District Map or by
measurements directly scaled from that map.
2.
Schedule B identifies the zoning of each property within the City as of the
effective date of this Bylaw.
Bylaw 1804-13, as amended
Land Use Bylaw
Page 320 of 314
PART 11 - CLASSIFICATION OF LAND INTO LAND USE DISTRICTS
3.
Schedule C will list all the amendments made to this Bylaw after the effective
date of this Bylaw.
11.3
Street and Highway Boundaries
1.
Notwithstanding anything contained in this Bylaw, no Land Use classification
shall be deemed to apply to any public roadway and any public roadway may
be designed, constructed, widened, altered, redesigned, and maintained in
such manner as may be determined by the City Manager.
2.
Where any public roadway is closed pursuant to the provisions of the Act, the
land contained therein shall there upon be deemed to be classified as US -
Urban Service until reclassified by a Land Use Bylaw amendment or until such
a time that the title for the closed road is consolidated with another property, in
such the closed road shall be classified the same as the other property.
Schedule 11A - Land Use District Map