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BYLAW NO. 05-2025
Land Use
Bylaw
Schedule "A"
Contents
Part 1: Introduction & Interpretation
1
1.
Introduction & Interpretation
2
1.1
Title
2
1.2
Purpose
2
1.3
Application
2
1.4
Enactment & Transition
2
1.5
Compliance with Other Bylaws, Regulations & Legislation
2
1.6
Fees & Charges
3
1.7
Securities
3
1.8
Notices
4
1.9
General Rules for Interpretation
4
2.
Administrative Authority
9
2.1
Development Authority
9
2.2
Role of the Development Officer
9
2.3
Role of the Bylaw Enforcement Officer
9
2.4
Role of the Subdivision Authority
10
2.5
Subdivision Applications
10
2.6
Role of the Subdivision and Development Appeal Board
10
2.7
Variance Authority
10
2.8
Land Use Bylaw Amendments
12
2.9
Land Use Bylaw Amendment Process
12
2.10
Overlay Provisions
13
2.11
Direct Control (DC) District Provisions
14
3.
Development Permit Decisions & Procedures
15
3.1
Control of Development
15
3.2
Development Not Requiring a Development Permit
15
3.3
Development Permit Application Submission Guidelines
19
3.4
Development Permit Special Information Provisions
21
3.5
Completeness of Applications
22
3.6
Restrictions on the Issuance of Development Permits
22
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LAND USE BYLAW | 05-2025
Part 2: Administration
7
Part 3: Land Use Districts & Overlays
33
6.
Residential Land Use Districts
35
6.1
Low Density Residential (LDR) District
36
6.2
Medium Density Residential (MDR) District
38
6.3
High Density Residential (HDR) District
40
6.4
Residential Manufactured Home (RMH) District
42
7.
Commercial Land Use Districts
44
7.1
General Commercial (GC) District
45
7.2
Neighbourhood Commercial (NC) District
47
7.3
Corridor Commercial (CC) District
49
7.4
Downtown Commercial (DTN) District
51
7.5
Recreation & Entertainment (RE) District
54
7.6
Business Transition (BT) District
56
8.
Industrial Land Use Districts
58
8.1
Medium Industrial (MI) District
59
8.2
Heavy Industrial (HI) District
61
9.
Public Service Districts
63
9.1
Community Services (CS) District
64
9.2
Parks & Utility (PU) District
66
9.3
Transitional (T) District
67
9.4
Municipal Airport (MA) District
69
10.
Direct Control Districts
71
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LAND USE BYLAW | 05-2025
3.7
Notification of Applications
22
3.8
Referral of Applications
23
3.9
Validity of Development Permits
23
3.10
Decisions on Development Permit Applications
24
3.11
Notification of Development Permit Decisions
25
3.12
Appealing Development Permit Decisions
26
3.13
Resubmission Interval
26
4.
Development Permit Conditions & Considerations
27
4.1
General Development Permit Conditions
27
4.2
Development Agreement Conditions
27
4.3
Discretionary Use and Variance Review Considerations
28
4.4
Discretionary Use Conditions
29
5.
Compliance & Enforcement
29
5.1
Ability to Enforce
29
5.2
Non-Conforming Buildings, Uses, or Parcels
29
5.3
Bylaw Contravention
30
5.4
Notice of Contravention
30
5.5
Stop Orders
31
5.6
Penalties
32
5.7
Fines
32
10.1
Direct Control Casino (DC1) District
72
10.2
Direct Control Couplet (DC2) District
74
11.
Overlays
75
11.1
Airport Protection Overlay
76
11.2
Downtown Area Redevelopment Plan (DARP) Overlay
78
12.
Land Use District and Overlay Map
84
12.1
Application
85
Part 4: General Land Use Provisions
87
13.
General Land Use Provisions
89
13.1
Accessory Buildings or Structures
89
13.2
Accessory Uses
90
13.3
Additional Dwelling Units (ADU)
91
13.4
Adult Services
91
13.5
Alcohol Sales
92
13.6
Alternative Energy
92
13.7
Amenity Areas
93
13.8
Bare Land Condominiums
93
13.9
Building Design & Character
93
13.10 Campgrounds
95
13.11 Cannabis Establishments
96
13.12 Cannabis Production & Distribution Facilities
96
13.13 Child Care Facilities
97
13.14 Communication Facilities
97
13.15 Community Gardens
97
13.16 Community Support Centres
98
13.17 Corner & Double Fronting Sites
100
13.18 Day Homes
101
13.19 Decks
101
13.20 Drive Through Services
101
13.21 Easements and Rights-of-Way
102
13.22 Education Services
103
13.23 Excavation, Stripping, Drainage, Grading, & Retaining Walls
103
13.24 Fencing & Screening
104
13.25 Garbage Enclosures
105
13.26 Home Based Businesses
106
13.27 Landfill Buffer Area
110
13.28 Lighting
110
13.29 Live/Work Units
110
13.30 Mixed Use Buildings
111
13.31 Objects Prohibited in Yards
111
13.32 Outdoor Display Areas
112
13.33 Outdoor Storage
112
13.34 Owner Authorization
112
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LAND USE BYLAW | 05-2025
13.35 Projections into Required Setbacks
112
13.36 Public Parks
113
13.37 Railways
114
13.38 Recreation Services
114
13.39 Relocation & Demolition
114
13.40 Safe Environments
115
13.41 Secondary Suites
116
13.42 Shopping Centres
116
13.43 Short Term Rentals
117
13.44 Show Homes
117
13.45 Surveillance Suites
117
13.46 Temporary Commercial Services
118
13.47 Temporary Development
118
13.48 Underground Tanks
119
Part 5: Landscaping Provisions
121
14.
Landscaping Provisions
122
14.1 General Landscaping Provisions
122
14.2
Landscaping Plan
123
14.3 Planting Requirements
123
Part 6: Parking & Loading Provisions
125
15.
Parking and Loading Provisions
126
15.1
General Parking & Loading Provisions
126
15.2
Barrier-Free Parking
128
15.3
Location of Parking Facilities
128
15.4
Parking Space & Drive Aisle Dimensions
129
15.5
Pedestrian Aisles
130
15.6
Parking Requirements
130
15.7
Loading Requirements
133
15.8
Location of Loading Spaces
133
15.9
Loading Space Dimensions
133
15.10 Bicycle Parking
133
Part 7: Sign Provisions
135
16.
Sign Provisions
136
16.1 Development Permits for Signs
136
16.2 Signs not Requiring a Development Permit
136
16.3 Making an Application
138
16.4
General Sign Provisions
139
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LAND USE BYLAW | 05-2025
16.5
Sign Provisions by Type
140
16.6
Sign Control & Maintenance
145
16.7 Sign Illumination
146
16.8
Digital Copy/Electronic Messaging
147
16.9
Sign Enforcement
147
16.10 Sign Definitions
149
Part 8: General Definitions
157
Part 9: Maps
183
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LAND USE BYLAW | 05-2025
Map 1: Airport Height Limitation Contour Map
186
Map 2: Downtown Area Redevelopment Plan (DARP) Overlay Map
187
Map 3: Land Use District and Overlay Map
188
Map 4: Road Right-of-Way Portable Sign Approval Map
189
Map 5: Land Use District and Overlay Map: City Index
190
Figures & Tables Index
Figures
Figure 1: Airport Height Limit Contour Map
76
Figure 2: Downtown Area Redevelopment Plan (DARP) Map
78
Figure 3: Land Use District and Overlay Map
86
Figure 4: Accessory Buildings
90
Figure 5: Corner & Double Fronting Sites
100
Figure 6: Sight Triangle & Fence Heights
104
Figure 7: Allowed Projections
113
Figure 8: Parking Space & Drive Aisle Dimensions
130
Figure 9: A-Board Signs
149
Figure 10: Awning or Canopy Sign
149
Figure 11: Banner Signs
149
Figure 12: Billboard Signs
150
Figure 13: Development Marketing Signs
150
Figure 14: Digital Copy
150
Figure 15: Fascia Signs
150
Figure 16: Fence Signs
151
Figure 17: Freestanding Signs
151
Figure 18: Hanging Signs
152
Figure 19: Inflatable Signs
152
Figure 20: Murals
153
Figure 21: Neighbourhood Signs
153
Figure 22: Portable Signs
153
Figure 23: Projecting Signs
154
Figure 24: Real Estate Signs
154
Figure 25: Roof Signs
154
Figure 26: Sign Copy Area
155
Figure 27: Window Signs
156
Figure 28: Abutting Sites
158
Figure 29: Dwelling, Additional Unit (ADU)
165
Figure 30: Dwelling, Apartment
166
Figure 31: Dwelling, Multi-unit
166
Figure 32: Dwelling, Secondary Suite
166
Figure 33: Dwelling, Single-detached
167
Figure 34: Dwelling, Two-unit
167
Figure 35: Grade
169
Figure 36: Height
170
Figure 37: Lot, Corner
173
Figure 38: Lot Coverage
173
Figure 39: Lot Frontage
174
Figure 40: Lot, Interior
174
Figure 41: Lot Lines
175
Figure 42: Lot Width & Depth
175
Figure 43: Party Wall
177
Figure 44: Setbacks
180
Figure 45: Sight Triangle
181
Figure 46: Stepbacks
181
Figure 47: Corner Site Yards
184
Figure 48: Interior Site Yards
184
Tables
Table 1: Development Not Requiring a Development Permit
15
Table 2: Land Use Bylaw Fines
32
Table 3: Amenity Area Requirements
93
Table 4: Minimum Number of Queuing Spaces for Drive Through Services 102
Table 5: Screening Requirements
105
Table 6: Home Based Business Provisions
107
Table 7: Allowed Projections into Required Setbacks
113
Table 8: Planting Requirements
124
Table 9: Parking Space Dimensions
129
Table 10: Off-Street Parking Requirements
131
Table 11: Off-Street Loading Requirements
133
Table 12: Loading Space Dimensions
133
Table 13: Bicycle Parking Requirements
134
Table 14: Signs Not Requiring a Development Permit
136
Table 15: Signs Allowed by District
140
Table 16: Freestanding Sign Provisions
141
Table 17: Portable Sign Provisions
143
Table 18: Roof Sign Provisions
145
Table 19: Portable Sign Enforcement
148
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LAND USE BYLAW | 05-2025
Part 1:
Introduction
& Interpretation
Purpose:
For the purpose of this Bylaw the following Section provides an
introduction to the City of Lloydminster Land Use Bylaw
and provides a framework for understanding, interpreting, and
navigating the Bylaw and its resulting actions.
Section Contents:
1.
Introduction & Interpretation
2
1.1
Title
2
1.2
Purpose
2
1.3
Application
2
1.4
Enactment & Transition
2
1.5
Compliance with Other Bylaws,
Regulations & Legislation
2
1.6
Fees & Charges
3
1.7
Securities
3
1.8
Notices
4
1.9
General Rules for Interpretation
4
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LAND USE BYLAW | 05-2025
Part 1: Introduction & Interpretation
1. Introduction & Interpretation
1.1
Title
1.1.1
This Bylaw shall be referred to as the "City of Lloydminster Land Use Bylaw".
1.2
Purpose
1.2.1
The purpose of this Bylaw is to regulate the use and development of land and
buildings within the boundaries of the City. Its intent is to achieve orderly and
economical development of land and to maintain and improve the quality of the
physical environment for overall greater public interest without infringing on the
rights of any individual or organization.
1.2.2
Specifically, this Bylaw, in accordance with the Municipal Government Act (the
Act), and to achieve the purpose detailed in 1.2.1:
a.
divides the City into districts,
b.
prescribes and regulates the purposes for which land or buildings may be
used, within each district,
c.
establishes the role of the Development Authority, and
d.
establishes the method and procedures for making decisions, notification,
and issuance of Development Permits.
1.3
Application
1.3.1
The provisions of this Bylaw shall apply to all lands and buildings within the
municipal boundaries of the City of Lloydminster.
1.4
Enactment & Transition
1.4.1
Subject only to the provisions in the Act regarding legal non-conforming uses,
the provisions of this Bylaw come into effect upon the date it receives third and
final reading from City Council.
1.4.2
The City of Lloydminster Land Use Bylaw 05-2016, as amended, is hereby
repealed.
1.4.3
Applications submitted and deemed complete before adoption of this Bylaw shall
be processed in accordance with Land Use Bylaw 05-2016 as amended. All other
applications shall be processed in accordance with this Bylaw.
1.5
Compliance with Other Bylaws, Regulations & Legislation
1.5.1
Compliance with this Bylaw does not exempt any person from:
a.
the requirements of any other applicable Federal, Provincial, or municipal
legislation or policy,
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LAND USE BYLAW | 05-2025
b.
the requirements of the applicable Alberta and National Building Codes, and
c.
compliance with any easement, covenant, agreement, contract or other
instrument affecting the developer, building or land.
1.5.2
If any part of this Bylaw is held to be invalid by a Court of Law, that decision will
not affect the validity of the remaining portions of this Bylaw.
1.6
Fees & Charges
1.6.1
All fees pursuant to this Bylaw shall be in accordance with accordance with Table
2 (Land Use Bylaw Fines) and with the the City of Lloydminster's Fees and
Charges Bylaw as approved and amended by Council.
1.6.2
Fees must be paid in full prior to commencement of an application review.
1.6.3
Amendments to approved permits, including changes to an approved Site Plan,
Landscaping Plan, Servicing Plan or otherwise, may be subject to additional fees
and charges in accordance with the City's Fees and Charges Bylaw as amended.
Such amendments may also be subject to a new application process at the
discretion of the Development Authority.
1.7
Securities
1.7.1
Applicants may be required, at the discretion of the Development Authority,
to provide to the City security in the form of either a certified cheque or
an irrevocable letter of credit equal to 100% of the cost of the required
landscaping, or other approved work, based on the approved plans.
Where landscaping is required, following development completion and a
site inspection, the security may be reduced to 20% of the cost of the required
landscaping, but in no case shall the remaining security be less than $5,000.
1.7.2
The conditions on which the security described in 1.7.1 is held shall be:
a.
if any landscaping does not survive the two (2) year maintenance period
described in Subsection 14.1.9 and is not replaced within one (1) year, the
City may replace the landscaping by drawing on the security,
b.
if any damages as described in Subsection 4.1.1 (c) are not repaired within
four (4) weeks of notification, the City may repair the damages by drawing
on the security,
c.
if the security amount is insufficient to cover the cost of the work, the
landowner shall be notified, and the deficiency shall be a debt due from the
developer to the City and if remains unpaid shall be placed against the tax
roll of the property concerned,
d.
upon application by the landowner or their representative, the deposit shall
be fully released if:
i.
the required landscaping has been well maintained and is in a healthy
condition after two (2) growing seasons, where landscaping is provided, and
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LAND USE BYLAW | 05-2025
Part 1: Introduction & Interpretation
ii.
no property owned or occupied by the City was found to be damaged,
destroyed, or otherwise disturbed by development or construction upon
the site.
1.8
Notices
1.8.1
A notice or acknowledgment required under this Bylaw may be sent by one (1) or
more of the following means:
a.
regular or registered mail,
b.
electronic mail,
c.
newspaper advertisement,
d.
posted to the City website or social media,
e.
personal delivery, or
f.
posted on the property.
1.9
General Rules for Interpretation
1.9.1
The word "shall" means that uses, provisions, regulations, or other items associated
with this designation are mandatory and must be complied to.
1.9.2
The word "may" means that uses, provisions, regulations, or other items
associated with this designation could be required at the discretion of the
Development Authority.
1.9.3
Where a regulation, provision, definition or otherwise involves two (2) or more
provisions connected by the conjunction "and", all the connected items shall apply
in combination; "or" indicates that the connected items may apply singly or in any
combination.
1.9.4
Words in bold may refer to defined terms in this Bylaw.
1.9.5
Words implying the singular shall include the plural and vice versa.
1.9.6
Unless the context otherwise requires, words implying one (1) gender include all
genders.
1.9.7
The following abbreviations are used in this Bylaw:
a.
"ha" is for hectare,
b.
"m" is for metre,
c.
"m²" is for square metre,
d.
"ft" is for foot,
e.
"ft2" is for square foot,
1.9.8
The Low Density Residential (LDR), Medium Density Residential (MDR), High
Density Residential (HDR), and Manufactured Home Residential (RMH) districts
may be referred to collectively as Residential Districts.
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LAND USE BYLAW | 05-2025
1.9.9
The General Commercial (CG), Neighbourhood Commercial (NC), Corridor
Commercial (CC), Downtown Commercial (DTN), Recreation & Entertainment
(RE), and Business Transition (BT) districts may be referred to collectively as
Commercial Districts.
1.9.10
The Medium Industrial (MI), and Heavy Industrial (HI) districts may be referred
to collectively as Industrial Districts.
1.9.11
The Community Services (CS), Parks & Utility (PU), Transitional (T),
and Municipal Airport (MA) districts may be referred to collectively as Public
Service Districts.
1.9.12
The Direct Control Casino (DC1), and Direct Control Couplet (DC2) districts may
be referred to collectively as Direct Control (DC) Districts.
1.9.13
In the case of any conflict:
a.
numbers written in numerals prevail over numbers written in letters,
b.
metric units shall prevail over imperial units, and
c.
information provided in text shall prevail over information provided in graphics.
1.9.14
Between the text of this Bylaw and the Land Use District and Overlay Map
(Figure 3, Map 3), diagrams, drawings, or photos used to illustrate any aspect of
this Bylaw, the text shall govern.
1.9.15
Where the number of dwelling units, landscaping materials, parking spaces,
or any other provision is determined by reference to a unit such as floor area,
site area, or otherwise, the next higher whole number shall be taken where the
calculation results in a fractional number of 0.5 or more.
1.9.16
When interpreting definitions in this Bylaw:
a.
the examples listed in the definitions are not intended to be all inclusive nor
restrictive,
b.
where a proposed use does not fall within a listed definition, the
Development Authority may determine whether or not the proposed use is
reasonably similar to another defined use that is listed within the appropriate
district. In such cases, the Development Authority may consider this
similar use and follow the discretionary process listed in Subsection 4.3,
even if that use is not specifically listed in the district.
1.9.17
Where a provision of this Bylaw includes a minimum radial separation distance,
the provision shall be interpreted as follows:
a.
listed radial separation distances shall not supersede any provincial or
federal regulation,
b.
radial separation distances shall only be required for the following uses:
i.
adult services,
ii.
cannabis establishments,
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LAND USE BYLAW | 05-2025
Part 1: Introduction & Interpretation
iii. cannabis production and distribution facilities,
iv. community support centres, major,
v.
education services where the primary attendees are under eighteen
(18) years of age,
vi. retail stores where the primary intention is the sale of alcohol, and
vii. public parks not including public trails, pathways or retention ponds.
c.
any use listed above that is operating and approved under a previous Land
Use Bylaw that is not in compliance of the required radial separation
distances detailed in this Bylaw shall be considered as legal non-
conforming and shall not be required to meet the required radial
separation distance of this Bylaw while they are considered as such.
1.9.18
Any existing residential dwelling with an approved permit destroyed through fire,
flood, or other act of nature may be replaced with a similar development at the
discretion of the Development Authority regardless of the underlying district.
1.9.19
Replacement dwellings of the nature referred to in 1.9.18 shall be considered
a discretionary use in all districts, except where the dwelling type being
replaced is listed as a permitted use in the underlying district, and shall only be
considered under the following provisions:
a.
all replacement developments shall be compatible with nearby buildings,
and
b.
where the replacement dwelling is a mobile manufactured home the
dwelling shall not be older than ten (10) years old.
1.9.20
Where a development has been granted a variance for a reduced required
minimum setback, items indicated as allowed projections in Table 7 (Allowed
Projections into Required Setbacks) and in Figure 7: Allowed Projections
shall be allowed to project further into the varied setback provided the projection
is in accordance with Subsection 13.35.
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LAND USE BYLAW | 05-2025
Part 2:
Administration
Purpose:
This Section details the administrative processes of this
Bylaw. It provides understanding on the authority under
which the agents of this Bylaw act and details the process
for the submission and processing of Development Permit
applications, and how decisions regarding development in the
City of Lloydminster are reached and enforced.
Section Contents:
2.
Administrative Authority
9
2.1
Development Authority
9
2.2
Role of the Development Officer
9
2.3
Role of the Bylaw Enforcement Officer
9
2.4
Role of the Subdivision Authority
10
2.5
Subdivision Applications
10
2.6
Role of the Subdivision
and Development Appeal Board
10
2.7
Variance Authority
10
2.8
Land Use Bylaw Amendments
12
2.9
Land Use Bylaw Amendment Process
12
2.10
Overlay Provisions
13
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LAND USE BYLAW | 05-2025
Part 2: Administration
2.11
Direct Control (DC) District Provisions
14
3.
Development Permit Decisions & Procedures
15
3.1
Control of Development
15
3.2
Development Not Requiring a Development Permit
15
3.3
Development Permit Application Submission Guidelines
19
3.4
Development Permit Special Information Provisions
21
3.5
Completeness of Applications
22
3.6
Restrictions on the Issuance of Development Permits
22
3.7
Notification of Applications
22
3.8
Referral of Applications
23
3.9
Validity of Development Permits
23
3.10
Decisions on Development Permit Applications
24
3.11
Notification of Development Permit Decisions
25
3.12
Appealing Development Permit Decisions
26
3.13
Resubmission Interval
26
4.
Development Permit Conditions & Considerations
27
4.1
General Development Permit Conditions
27
4.2
Development Agreement Conditions
27
4.3
Discretionary Use and Variance Review Considerations
28
4.4
Discretionary Use Conditions
29
5.
Compliance & Enforcement
29
5.1
Ability to Enforce
29
5.2
Non-Conforming Buildings, Uses, or Parcels
29
5.3
Bylaw Contravention
30
5.4
Notice of Contravention
31
5.5
Stop Orders
32
5.6
Penalties
32
5.7
Fines
32
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LAND USE BYLAW | 05-2025
2. Administrative Authority
2.1
Development Authority
2.1.1
The Development Authority is designated in accordance with the Act to
exercise development powers and perform duties on behalf of the City.
2.1.2
The Development Authority may be any of the following:
a.
Development Officers as designated by the City Manager,
b.
the City Manager,
c.
the Subdivision and Development Appeal Board (the Board), or
d.
City Council.
2.1.3
The Development Authority shall not approve a Development Permit
application where the proposed use is neither permitted nor discretionary in
a given district except in the situation described in 1.9.16 (b).
2.1.4
The Development Authority for Direct Control permits is Council unless
otherwise delegated by Council in the DC District.
2.2
Role of the Development Officer
2.1.1
Development Officers shall:
a.
receive all Development Permit applications and determine whether an
application is complete,
b.
process and render decisions on Development Permit applications,
i.
decisions regarding Direct Control (DC) Districts shall be made by the
Development Authority or Council in accordance with Subsection
2.11.2 (d).
c.
keep and maintain, for inspection by the public during normal office hours a
copy of this Bylaw and all amendments thereto and a register of all applications
for development, including the decisions thereon and the reasons therefore,
d.
receive applications for amendments to this Bylaw and make
recommendations to Council,
e.
carry out enforcement of this Bylaw, and such other duties as may be
prescribed in this Bylaw, and other administrative duties.
2.3
Role of the Bylaw Enforcement Officer
2.3.1
The Bylaw Enforcement Officer may:
a.
respond to and investigate complaints and concerns related to this or any
other City Bylaw or the Lloydminster Charter (the Charter),
b.
issue notices and offense tickets,
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LAND USE BYLAW | 05-2025
Part 2: Administration
c.
deliver stop orders, or
d.
assist in the prosecution of Bylaw contraventions, including appearing in court
to provide evidence.
2.4
Role of the Subdivision Authority
2.4.1
The City Manager, or designate, shall serve as the Subdivision Authority as
specified in the Subdivision Authority Bylaw as amended.
2.5
Subdivision Applications
2.5.1
Subdivision applications for property located in Saskatchewan shall be processed
in accordance with The Planning and Development Act, the Saskatchewan
Subdivision Regulations, the Statements of Provincial Interest Regulations and the
Dedicated Lands Regulations as amended.
2.5.2
Subdivision applications for property located in Alberta shall be processed in
accordance with Section 653.1 of the Act and the Alberta Subdivision Regulations.
2.5.3
All subdivision applications shall be required to meet the regulations of the
underlying district including all setbacks, lot depths and otherwise.
2.5.4
Notwithstanding 2.5.3 subdivided lots may intersect a building only in cases where
the lots are divided along a shared party wall as detailed in Subsection 13.9.7.
2.6
Role of the Subdivision and Development Appeal Board
2.6.1
The Board is authorized to perform such duties as specified in the City's
Subdivision and Development Appeal Board Bylaw and the Act, as amended.
2.7
Variance Authority
2.7.1
Where allowed by the provisions of this Section, the Development Authority
may vary the following requirements of this Bylaw:
a.
amenity area requirements,
b.
building height,
c.
fencing and screening height,
d.
maximum floor area for a home based business,
e.
maximum floor area for the business portion of a live/work unit,
f.
maximum density within MDR, HDR or CC Districts,
g.
maximum lot coverage,
h.
maximum size of a seasonal temporary commercial service,
i.
minimum parking, loading, and queuing requirements (including bicycle parking),
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j.
minimum setback requirements (notwithstanding this provision, allowed
projections into required setbacks shall only be allowed in accordance with
Subsection 13.35 and shall not be granted any additional variance),
k.
planting requirements,
l.
the minimum radial separation distance for community support
centres, major and warming shelters described in Subsection 13.16.3,
m. required separation distance between multiple buildings on a single lot, or
n.
sign regulations including but not limited to sign size, height or ground clearance.
2.7.2
A request for a variance may only be initiated by the landowner(s) of a
property or their representative with proper owner authorization as detailed in
Subsection 13.34 of this Bylaw.
2.7.3
All applications for a variance shall be made to the Development Authority.
Applicants may be required to provide a Plan of Survey, Real Property Report,
or Site Plan acceptable to the Development Authority, or any other additional
information that the Development Authority may require.
2.7.4
Except as otherwise provided in this Bylaw, variances in the Airport Protection
Overlay may be considered with approval from the appropriate Federal, Provincial,
and Municipal agencies.
2.7.5
If a variance is granted, the Development Authority shall specify its nature in
the Development Permit approval.
2.7.6
A variance shall:
a.
not exceed 25% of the Bylaw's requirements,
b.
not be stacked: only one (1) variance per associated provision shall be accepted.
Example: on any single lot, multiple parking variances shall not be considered,
whereas a parking variance and a building height variance may be,
c.
only be considered in cases of impractical difficulty, or other extenuating
circumstance:
i.
such circumstances shall be explained to the Development Authority
and shall provide adequate explanation for why the development cannot
be completed under the existing regulations of this Bylaw.
d.
be reviewed with regard to the Discretionary Use and Variance Review
Considerations in Subsection 4.3 and shall only be approved if:
i.
in the opinion of the Development Authority, it will not interfere with
the amenities of, or negatively affect the use, enjoyment or value of
neighbouring properties,
ii.
the proposed development is listed either as a permitted use or
discretionary use within the subject district, and
iii. the proposed variance aligns with the purpose of the subject district.
2.7.7
Additional variance opportunities may be considered by the Development
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Part 2: Administration
Authority where regulations within 2.7.6 (a, b, and c) have been met and where
an amendment to this Bylaw would not be recommended.
2.7.8
Variance applications applied for after the completion of a development
intended to rectify development that is inconsistent with an approved
Development Permit shall incur a fine in addition to the cost of a standard
variance application.
2.7.9
All fees and charges associated with variance applications shall be in accordance
with the City's Fees and Charges Bylaw as amended.
2.7.10
Notwithstanding Subsection 1.9.15, variance applications intended to reduce
the number of required parking spaces for two-unit and multi-unit (under 4
units) dwellings that result in a fractional number shall be reviewed on a case-
by-case basis and may, at the discretion of the Development Authority, reduce
the required number of parking spaces to the lower nearest whole number rather
than the higher nearest whole number. For example where a development may
require two (2) parking spaces and the allowed 25% variance would result in one
and one half (1.5) parking spaces being required, the Development Authority
may allow for only one (1) space to be required.
2.7.11
Notwithstanding Subsection 2.7.1 (i), variance applications intended to reduce
the number of required parking spaces for single-detached dwellings shall not
be considered.
2.8
Land Use Bylaw Amendments
2.8.1
This Bylaw shall require an amendment for the addition or update to any text,
map, figure, or other aspect of the Bylaw that changes its explicit intent.
2.8.2
Council may, at any time, initiate an amendment to this Bylaw in accordance with
the process described in this Subsection by resolution.
2.8.3
Any person may request an amendment to this Bylaw by making an application
through the City approved process.
a.
Proposed amendments shall not be recommended to Council until all
required fees as detailed the City's Fees and Charges Bylaw as amended are
paid by the applicant.
2.8.4
All proposed amendments shall be undertaken in accordance with the Act.
2.8.5
If an amendment application is refused, the Development Authority shall not
accept another application on the same land for the same or similar amendment
until six (6) months have passed after the date of such refusal.
2.9
Land Use Bylaw Amendment Process
2.9.1
Upon receipt of a complete amendment application, the Development Authority:
a.
may refer the application in accordance with Subsection 3.8.
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b.
shall prepare a written report advising the applicant on Administration's
willingness to recommend the amendment to Council, and, if the applicant
elects to proceed and prepays the necessary advertising fees,
c.
shall draft a proposed Bylaw amendment and present the proposed
amendment to Council.
2.9.2
Following receipt and review of the proposed amendment Council shall:
a.
direct the Development Authority to issue notice in accordance with the
City's Public Notification and Advertising Bylaw,
b.
schedule and conduct a public hearing according to the Act, and
c.
refuse, pass or make any changes it considers necessary to the proposed
amendment.
2.9.3
If an amendment involves a text amendment to the Bylaw, notice will be given
to the residents of the City in accordance with the City's Public Notification and
Advertising Bylaw, as amended.
2.9.4
If an amendment involves the re-districting of land, a notice shall be given to the
owner of the subject lands, and to landowners of adjacent properties as follows:
Proposed Residential District
All properties within a minimum of 100 m
All other proposed districts
All properties within a minimum of 200 m
2.10
Overlay Provisions
2.10.1
Land Use Overlays detailed in Section 11 of this Bylaw alter or specify provisions
for uses and are intended to achieve objectives in specially designated areas
throughout the City.
2.10.2
Any Overlay shall only be applied to districts where specified through an
amendment to the Land Use Bylaw in the form of an Overlay, which shall include:
a.
a map of the location(s) or neighbourhood(s) affected by the Overlay at
an appropriate scale, which may indicate the designation, location and
boundaries of each underlying district.
2.10.3
The provisions of an Overlay shall take precedence and effect over the underlying
district.
2.10.4
The creation of an Overlay shall follow the process to amend this Bylaw identified
in Subsections 2.8 and 2.9.
2.10.5
An Overlay shall not be used where the provisions or changes to the provisions of
an underlying district:
a.
are significant enough to be inconsistent with the general purpose of that
district and the application of another district would be more appropriate, or
b.
are not merely related to local planning objectives but would have sufficient
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Part 2: Administration
general application to warrant an amendment to the text of the underlying
district itself.
2.11
Direct Control (DC) District Provisions
2.11.1
Direct Control (DC) Districts allow Council to exercise control over the use
and development of land or buildings within a designated site. Applications
to create a DC District will not be considered where an existing district could
achieve the same result.
2.11.2
The following interpretation and provisions apply when creating a new DC District:
a.
a DC District shall only be applied to a site to regulate a specific proposed
development under the following circumstances:
i.
the proposed development exceeds the development provisions of the
closest equivalent conventional district,
ii.
the proposed development requires specific regulations to ensure land
use conflicts with neighbouring properties are minimized, and
iii. the site for the proposed development has unique characteristics or innovative
design that require specific regulations unavailable in other districts.
b.
any DC District and its approving Bylaw must contain the following:
i.
the legal description of the site to which the proposed district shall apply,
ii.
the list of permitted and discretionary uses allowed within the
proposed district,
iii. appropriate development regulations, and
iv. a Site Plan prepared in accordance with Subsection 3.3.2 for which all
development shall follow.
c.
in addition to the requirements of Section 3, the applicant shall:
i.
submit the proposed content of the DC District,
ii.
submit a narrative explaining why the DC District is warranted, having
regard for the Municipal Development Plan (MDP), any other
Statutory Plan, and provisions specified in Part 3 of this Bylaw, and
iii. follow the same process as all Land Use Bylaw Amendment applications
in accordance with Section 3 and Section 4 of this Bylaw.
d.
decisions on permitted and discretionary uses within DC Districts are
made by Council,
e.
decisions regarding signs and landscaping may be made by any member
of the Development Authority including Council, City Manager,
Development Officer or other designate,
f.
all provisions in the Land Use Bylaw shall apply to development in DC Districts,
unless such provisions are specifically excluded or modified in said District, and
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g.
a Development Agreement may be required and registered by caveat,
together with an attached copy of the agreement, at the appropriate Land
Titles Office against the affected lands.
3.
Development Permit Decisions & Procedures
3.1
Control of Development
3.1.1
No development shall be undertaken in the City unless a Development Permit
has been issued under the provisions of this Bylaw, or the development is explicitly
exempt from requiring a permit as per Subsection 3.2 - Development Not Requiring a
Development Permit and Subsection 16.2 - Signs Not Requiring a Development Permit.
3.1.2
All development, including development not requiring a permit, shall comply
with all applicable provisions and regulations of this Bylaw.
3.2
Development Not Requiring a Development Permit
3.2.1
A Development Permit is not required for the developments listed in Table
1 (Development Not Requiring A Development Permit) below and Table
14 (Signs Not Requiring a Development Permit), provided that they comply
with all applicable provisions of this Bylaw and shall be carried out or performed
in accordance with all other applicable Federal, Provincial or Municipal regulations,
policies, standards and Bylaws that apply.
Table 1: Development Not Requiring a Development Permit
Development Type
Conditions for Permit Exemption
1
Building alterations or
renovations
Where the changes do not result in an increase in
the number of dwelling units, the building footprint,
or result in a change of use
2
Community gardens
Where the development:
a.
is wholly contained on private property, and
b.
conforms with the provisions of Subsection 13.15
3
Community support
centre, warming shelters
Where the development:
a.
is an accessory use,
b.
is located within an already existing building
with an approved and operating use,
c.
displays the City approved form of notification
in a visible location,
d.
is not located within a dwelling unit, and
e.
meets all appropriate provisions included in
Subsection 13.16
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Part 2: Administration
Table 1: Development Not Requiring a Development Permit
Development Type
Conditions for Permit Exemption
4
Construction,
maintenance, or repair of
services or utilities
Where the work is carried out on behalf of Federal,
Provincial, Municipal or other public authorities on
publicly owned or controlled land
5
Construction, maintenance
improvement, or alteration
of fences, gates, pergolas,
gazebos, or other similar
development
Where the structure conforms with all the
appropriate regulations of this Bylaw, including
height and required setbacks
6
Construction, demolition
or relocation of an
accessory building or
structure (including
shipping containers/sea
cans and sheds)
Where the development:
a.
is located in the rear yard of any district,
b.
is under 10.0 m2 (108 ft2) in area,
c.
has a maximum wall height of 2.5 m (8.0 ft),
d.
is developed in accordance with the provisions
for accessory buildings and structures in
Subsection 13.1, and
a.
does not exceed the maximum allowance of
two (2) Development Permit exempt accessory
buildings or structures on a single site
7
Development
Where the work is carried out under an approved
Development Agreement
8
Electric vehicle charging
stations
Where the stations are installed in accordance with
manufacturing regulations and do not reduce the
required number of parking spaces
9
Excavation, stripping, or
site grading
Where the work is carried out as part of a development
for which a Development Permit has been issued
10
Fire places or fire pits
Where the development meets the requirements of this
Bylaw and the City's Fire Services Bylaw as amended
11
Hard surfacing
Where the work is carried out as part of a
development for which a Development Permit has
been issued, is for the purpose of providing vehicular
parking or pedestrian access, and the resulting
development does not drain onto abutting properties
12
Home based business,
limited
Where determined by the Development Authority in
accordance with Subsection 13.27 of this Bylaw
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Table 1: Development Not Requiring a Development Permit
Development Type
Conditions for Permit Exemption
13
Landscaping
Where the work is carried out in conjunction with
an approved landscaping and grading plan
14
Markets
Where the development is operating under
a valid and active business license and has
acquired proper owner authorization as detailed in
Subsection 13.34 of this Bylaw
15
Maintenance and
upkeep of any building
or structure including,
but not limited to the
replacing damaged siding,
shingle, windows or
otherwise
Where the work is carried out on developments for
which a Development Permit has been issued
16
Private swimming pools or
hot tubs
Where the development:
a.
is wholly contained on private property in a
rear or interior side yard,
b.
meets all setback requirements for accessory
buildings or structures as detailed in
Subsection 13.1 of this Bylaw and are not
placed on any easement or right-of-way or on
top of any utility lines, and
c.
does not create any negative impact or
nuisance to the neighbours or neighbourhood,
including but not limited to: noise, odour, or
anything of an offensive or objectional nature
17
Private outdoor skating
rinks
Where the development:
a.
is wholly contained on private property,
b.
does not include any boards over 1.0 m (3.0 ft),
c.
meets the setback requirements of the
underlying district, and
d.
does not create any negative impact or
nuisance to the neighbours or neighbourhood,
including but not limited to: noise, odour, or
anything of an offensive or objectional nature
Residential lots containing private outdoor skating
rinks may be required to be returned to the
previous state should the development be deemed
as no longer serving the needs or the intention of
the neighbourhood
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Part 2: Administration
Table 1: Development Not Requiring a Development Permit
Development Type
Conditions for Permit Exemption
18
Radio antennas, satellite
dishes
Where the development meets all requirements of
the district including but not limited to height and
setback requirements
19
Removal or stockpiling of
soil on a site
Where a Development Agreement, pursuant to
subdivision approval, has been duly executed for that
site and the removal or stockpiling is in accordance
with the Development Agreement and approval
20
Solar collectors (attached)
Where they:
a.
are wholly contained on private property,
b.
meet all requirements of the district including
but not limited to height and setback
requirements, and
c.
meet the requirements detailed in Subsection
13.6 of this Bylaw
21
Shipping containers/sea
cans greater than 10.0 m2
(108 ft2) in area
Where:
a.
there are no more than three (3) shipping
containers/sea cans located in the rear yard of
an Industrial District, or
b. the shipping container/sea can is placed for
a maximum of thirty (30) days in any district
and aligns with Subsection 13.1.8 (b-c)
22
Signs
Where they are listed as exempt within Subsection
16.2 of this Bylaw
23
Temporary carnivals,
Temporary drive-in
theatres
Where the development is:
a.
operating under a valid and active business
license and has acquired proper owner
authorization as detailed in Subsection 13.34
of this Bylaw, and
b.
is erected for no longer than fourteen (14)
consecutive days
24
Temporary commercial
services (food trucks/
stands, windshield
repair tents, sales tents,
seasonal fruit stands etc.)
Where the development is operating under a valid
and active business license and has acquired
proper landowner authorization as detailed in
Subsection 13.34 of this Bylaw
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Table 1: Development Not Requiring a Development Permit
Development Type
Conditions for Permit Exemption
25
Temporary office,
machinery, or equipment
Where it is needed in conjunction with the
construction of development for which a
Development Permit has been issued
Such development shall only be permitted for the
time period required for completion of construction
approved under said Development Permit
This does not include machinery and equipment
that requires a road closure
26
Uncovered decks or
stairways
Where the development does not exceed 0.6 m
(2.0 ft) in height and meets the setback regulations
of the underlying district
27
Use of a building as
a temporary polling
station, returning officer's
headquarters, candidates
campaign office or any
other official temporary use
Where the development is in conjunction with
a Federal, Provincial or Municipal election,
referendum, or census
28
Use of land by the City
Where the City is the legal or equitable landowner
for a purpose approved by a simple majority vote
of Council in connection with any public utility
carried out by the City
3.2.2
Notwithstanding the items listed in Table 1 (Development Not Requiring a
Development Permit), a Development Permit is required if the development
does not adhere to or comply with any Section of this Bylaw.
3.3
Development Permit Application Submission Guidelines
3.3.1
An applicant wanting to obtain a Development Permit, shall submit the
following, unless otherwise authorized by the Development Authority.
a.
a completed application on the appropriate form as prescribed by the
Development Authority,
b.
detailed description of proposed development or purpose of use of all parts
of the land and buildings,
c.
payment of the application fee as set out in the City's Fees and Charges
Bylaw as amended, and
d.
a letter of authorization from the landowner or designate where the
applicant is not the registered landowner,
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Part 2: Administration
3.3.2
The Development Authority may also require the following:
a.
a scaled detailed Site Plan, to the satisfaction of the Development
Authority, showing the following:
i.
north arrow,
ii.
legal description and municipal address of property,
iii. lot area,
iv. lot coverage as a percentage (%),
v.
property lines shown with dimensions,
vi. front, side, and rear yard setback areas, shown with dimensions,
vii. location and dimensions of principal building and other structures
including accessory developments, garages, carports, refuse and
recycling bins, fences and screening,
viii. location of all registered utility easement or rights-of-way,
ix. except for single-detached and two-unit dwellings, a dimensioned
layout of existing and proposed parking areas, driveways, including the
number of vehicle and bicycle parking spaces, electronic vehicle parking
spaces, if provided, and loading spaces,
x.
except for single-detached and two-unit dwellings, dimensioned
layout and the location of entrances and exits that are abutting public
roads, pedestrian walkways, curbing, and surface treatment used on
the site all shown and labeled,
xi. off-site information as may be relevant to the design including abutting
buildings or proposed buildings, sidewalks, overhead and underground
utilities, driveways across the road from the proposed development, and
xii. any other information required by the Development Authority.
b.
elevations to a minimum 1:100 scale including all of the following information:
i.
site grading plans or site drainage plans, to the satisfaction of the
Development Authority, showing the proposed development and
landscaping including the existing and proposed design geodetic site
grades, road grades and foundation grades,
ii.
height and number of storeys of all buildings,
iii. gross floor area of buildings and structures,
iv. exterior treatment on all elevations identifying materials and colours,
c.
a scaled Landscaping Plan where necessary, prepared in accordance with
Subsection 14.2,
d.
road elevations at a minimum 1:200 scale,
e.
sign details, and
f.
any other plans, photographs, documents, or information of any kind that the
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Development Authority may consider necessary to properly evaluate the
development.
3.3.3
Unless specifically required otherwise, all provided dimensions identified in a
Development Permit application shall be in metres (m), and square metres (m2).
Feet (ft) or square feet (ft2) may also be provided in addition to metric dimensions.
3.4
Development Permit Special Information Provisions
3.4.1
In addition to the provisions provided in Subsection 3.3 the Development
Authority may require the following information, action, or studies:
a.
a public meeting in the community,
b.
Area or Neighbourhood Structure Plans,
c.
Environmental Site Assessment,
d.
Environmental Impact Assessment,
e.
Geotechnical Study,
f.
Lighting Impact Assessment,
g.
Noise Impact Assessment,
h.
Real Property Report,
i.
Spill Mitigation and Spill Response Plan,
j.
Assessment of Risk for Commercial or Industrial activities,
k.
Transportation Impact Assessment,
l.
Sun Shadow Impact Study prepared by a registered Professional Engineer or
Architect where proposed developments are greater than four (4) storeys
in height,
m. Wind Impact Statement and Study prepared by a registered Professional Engineer,
n.
Urban Design Study,
o.
Construction Fire Safety Plan,
p.
a Good Neighbour Commitment as detailed by the Development Authority,
q.
a Safe Environment Assessment prepared in accordance with Subsection
13.40 of this Bylaw,
r.
a Professional Parking Study prepared in accordance with Subsection 15.1.5, or
s.
any other plans, photographs, documents, or information of any kind that the
Development Authority may consider necessary to properly evaluate the
development.
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Part 2: Administration
3.5
Completeness of Applications
3.5.1
Within twenty (20) days of receiving a Development Permit application the
Development Authority shall determine whether an application is complete.
A time extension agreement may be considered between the Development
Authority and the applicant to extend the twenty (20) day period.
3.5.2
An application shall include all information required above and any additional
information required by the Development Authority to be deemed complete.
The Development Authority may deem an application complete without all
the requirements described in Subsection 3.3 and Subsection 3.4, where the
Development Authority is of the opinion that an application can be properly
evaluated, and a decision can be made without such requirements.
3.5.3
If an application is deemed to be incomplete, the applicant shall be advised in
writing that the application is incomplete. The notice shall include a description
of the information required for the application to be considered complete and a
deadline date for the information to be submitted. If the required information
is not received by the Development Authority by the date provided and no
extension was requested, the application will be refused.
3.5.4
Once an application is deemed to be complete, the application review will
commence with a decision rendered as per Subsection 3.10.
3.5.5
Development Permit applications shall be processed in accordance with
Sections 683 and 684 of the Act.
3.6
Restrictions on the Issuance of Development Permits
3.6.1
The Development Authority may prohibit the construction of a building on
any site where it would otherwise be permitted or discretionary when, in
the opinion of the Development Authority, satisfactory arrangements have
not been made for the supply to such building or site of water, electric power,
sanitary sewer, storm sewer, road access, or other services or facilities,
including the payment of the costs of installing any such service or facility.
3.7
Notification of Applications
3.7.1
Unless otherwise provided in this Bylaw, prior to an application being considered
for a permitted use requiring a variance, or a discretionary use, the
Development Authority shall:
a.
cause a notice to be published in accordance with the City's Public
Notification and Advertising Bylaw as amended, and
b.
cause a notice to be delivered to landowners of adjacent properties as follows:
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Applications concerning
Residential Districts
All properties within a minimum of 100 m
Applications concerning all
other districts
All properties within a minimum of 200 m
3.7.2
The required notice shall state:
a.
the proposed use of the building or site,
b.
that any person who objects to the proposed use of the site may deliver to the
Development Authority a written statement of their objections indicating:
their full name and address where notice may be given to them in respect to the
objection, and the reasons for their objections to the proposed use,
c.
the date by which objections must be received by the Development
Authority, and
d.
the date, time and place the application shall be considered by the
Development Authority.
3.8
Referral of Applications
3.8.1
The Development Authority may refer any application to any agency, authority,
jurisdiction, or adjacent or surrounding landowners for comment and advice,
where the Development Authority deems appropriate or necessary.
3.8.2
The Development Authority may refer to any abutting municipality for
consideration and recommendation, any application that relates to lands abutting
the municipal boundary based on the process detailed in the City's joint Official
Community Plan (OCP) and Intermunicipal Development Plan (IDP).
3.8.3
The Development Authority may consider any responses received within the
timeframe specified within the referral, however comments received are not
binding upon the Development Authority.
3.8.4
After fourteen (14) days from the date of referral, the application may be dealt with
by the Development Authority whether or not comments have been received.
3.9
Validity of Development Permits
3.9.1
A Development Permit for a permitted or discretionary use is not valid until
twenty-one (21) days after the Notice of Decision has been issued in accordance
with Subsection 3.10. Notwithstanding the foregoing, a developer may commence
the development authorized by a Development Permit for a permitted
use for which no variance is required during the twenty-one (21) day appeal
period, or where an appeal has been filed but not finally determined, but any
development commenced or steps taken by the developer shall be solely at
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Part 2: Administration
the risk of the developer and in no way shall the City be liable for the filing or
outcome of any appeal.
3.9.2
Notwithstanding 3.9.1 above, a Development Permit shall not be valid until and
unless the conditions of approval have been fulfilled.
3.9.3
A Development Permit may be void if, in the opinion of the Development
Authority, the development or use has been discontinued for a period of twelve
(12) consecutive months.
3.9.4
When a Development Permit becomes void, a new Development Permit
application is required before development may proceed. Such applications
shall be dealt with as if it was a first application and there shall be no obligation
to approve such application on the basis that a previous application had been
approved for that development.
3.9.5
Approved Development Permits shall remain valid until the work is completed.
However, if a development has not progressed to a standard acceptable to the
Development Authority within two (2) years of the issuance of the permit, or an
extension thereof, the Development Authority may cancel the Development
Permit and direct that the site be returned to its original condition or a state
acceptable to the Development Authority.
3.9.6
Notwithstanding 3.9.5 above, should the Development Authority cancel a
Development Permit but the landowner wishes to continue the work, a new
permit shall be required before development may proceed. Such applications
shall be dealt with as if it was a first application and there shall be no obligation
to approve such application on the basis that a previous application had been
approved for that development.
3.10
Decisions on Development Permit Applications
3.10.1
For all Development Permit application decisions, the Development Authority
shall:
a.
review the evaluation considerations included in the application,
b.
refuse an application for any use that is not listed as either permitted or
discretionary in the appropriate district, or is determined to be reasonably
similar in accordance with Subsection 1.9.15,
c.
refuse any application, and provide rationale for refusal, that does not
conform with this Bylaw.
3.10.2
For applications involving a permitted use, the Development Authority shall
approve the application, with or without conditions, subject to Subsection 3.6.1, if
the proposed development complies with this Bylaw.
3.10.3
For applications involving a discretionary use, the Development Authority:
a.
may refuse the application, and provide rationale for refusal, regardless of
whether it meets the requirements of this Bylaw,
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b.
may approve the application, with or without conditions, where the facts
presented establish that the proposed development:
i.
will not be detrimental to the health, safety, convenience or general
welfare of persons residing or working in the vicinity or injurious to
property, improvements or potential development in the vicinity, and
ii.
conforms with the applicable provisions of this Bylaw and will not be
contrary to the Municipal Development Plan (MDP), or any other
applicable Statutory Plan.
3.10.4
An application may, at the opinion of the Development Authority, be deemed as
refused if a decision on the application is not made within forty (40) days of the
receipt of a completed application, unless a time extension agreement is agreed
upon in writing by both parties.
3.10.5
Review and decisions on Development Permit applications will be processed in
accordance with Section 683 and 684 of the Act.
3.11
Notification of Development Permit Decisions
3.11.1
When a decision is made regarding a Development Permit application for a
permitted use requiring a variance, or a discretionary use with or without a
variance, the Development Authority shall:
a. deliver a Notice of Decision to the applicant by mail or email,
b. cause a notice to be published in accordance with the City's Public
Notification and Advertising Bylaw as amended, and
c. cause a notice to be delivered to landowners of adjacent properties as
follows:
Decisions on applications
concerning Residential Districts
All properties within a minimum of 100 m
Decisions on applications
concerning all other districts
All properties within a minimum of 200 m
3.11.2
When an application for a Development Permit is refused, the Notice of
Decision shall be delivered by mail or email to the applicant.
3.11.3
Where the applicant is not the registered landowner, a copy of the Notice of
Decision may be sent to the registered landowner or designated representative.
3.11.4
For the purposes of this Bylaw, the date of Notice of Decision is deemed to have been
given on the date it appears in the newspaper or posted on the City's website.
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Part 2: Administration
3.12
Appealing Development Permit Decisions
3.12.1
The applicant for a Development Permit, or any person affected by a
Development Permit or the decision, may appeal to the Board or the Land and
Property Rights Tribunal, where applicable, if the Development Authority:
a.
refuses a Development Permit,
b.
fails to make a decision on a Development Permit within forty (40) days of
receipt of a completed application, unless there is an agreed upon extension,
c.
specifically the Development Officer, in this instance, misinterprets the
decision of Council, in the opinion of the applicant, within Direct Control
(DC) Districts as per the Act, or
d.
issues a Development Permit subject to conditions.
3.12.2
Notwithstanding Subsection 3.13.1 no appeal lies in respect of the issuance of a
Development Permit for a permitted use, unless the provisions of this Bylaw
were relaxed, varied, or misinterpreted.
3.12.3
A person desiring to appeal to the Board shall file with the Clerk of the Board
written notice of appeal within twenty-one (21) days of the date stated on the
Notice of Decision. Appeals will be processed in accordance with the Act.
3.13
Resubmission Interval
3.13.1
An application for a Development Permit for a use within the same use class of
this Bylaw shall not be accepted by the Development Authority 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 Authority,
b.
within six (6) months of the date of a written decision of the Board on
a previous application if the previous application was appealed to and
subsequently refused by the Board.
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 Board or the Alberta Court of
Appeal, if the application has been appealed to the Board or the Alberta
Court of Appeal.
3.13.2
If an application complies with all regulations and provisions of this Bylaw, the
time frames listed in Subsection 3.13.1 shall not apply.
3.13.3
If upon review of any application for a Development Permit, the Development
Authority determines the proposed use to be within the same use class as a
refused application, the application shall be returned to the applicant, along with
any fees that have been submitted and the time frames listed in Subsection 3.13.1
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LAND USE BYLAW | 05-2025
shall apply. In such a case, the application shall not be considered as having been
refused, but shall be deemed not to have been submitted.
4.
Development Permit Conditions & Considerations
4.1
General Development Permit Conditions
4.1.1
As a condition of approval for any Development Permit, the Development
Authority may require the applicant:
a.
to provide securities in accordance with Subsection 1.7,
b.
when services or facilities are required, to not begin the excavation for the
foundation, nor commence the development until provision has been made for
such services or facilities to the satisfaction of the Development Authority,
c.
to repair or reinstate, or pay for the repair or reinstatement of, to
original condition, any street furniture, curbing, sidewalk, road surface,
landscaping, tree planting, curb cock, fencing, or any other property owned
or occupied by the City which is damaged, destroyed or otherwise disturbed
by development or construction upon the site, in accordance with any
policy established by the City from time to time,
d.
to provide a Real Property Report to the Development Authority for new
construction, prior to a water meter being issued or transferred into the
name of the occupant or landowner,
e. to provide any of the Special Information detailed in Subsection 3.4 of this
Bylaw, and
f.
to attend to all other reasonable matters the Development Authority
considers appropriate.
4.2
Development Agreement Conditions
4.2.1
As a condition of Development Permit approval, the Development Authority may
require that the applicant enter into and comply with a Development Agreement
with the City which, in addition to other matters, which may require the applicant
to:
a.
pay a Development Agreement fee upon execution of the Development
Agreement, in addition to any other fee required in this or any other Bylaw,
as outlined in the City's Fees and Charges Bylaw, as amended,
b.
install or pay for the installation of a public utility described in Section 616(v)
(i) to (ix) of the Act, or a road or public walkway that is necessary to serve
the development, whether or not the public utility is, or will be, located on
the land that is the subject of the development,
c.
pay all applicable development charges and levies including off-site and
redevelopment levies,
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Part 2: Administration
d.
attend to all other reasonable matters the Development Authority
considers appropriate, and
e.
to ensure compliance with a Development Agreement, the City may register or
require the applicant to register a caveat against the property being developed
which may be discharged upon the terms of the agreement being met.
4.3
Discretionary Use and Variance Review Considerations
4.3.1
All discretionary uses shall conform to the development standards and
applicable provisions of the district in which they are located.
4.3.2
For the review of all discretionary use and variance applications, the evaluation
considerations include, but are not limited to:
a.
the application shall comply with all relevant sections of the Municipal
Development Plan (MDP), as well as with any recommendations contained
in detailed planning reports and studies,
b.
the use shall not, in the opinion of the Development Authority, result in
any adverse impacts on the site or neighbouring sites,
c.
the nature, design, character, and appearance of the proposed
development, including the size, shape and arrangement of existing and
proposed buildings on the site and whether it is reasonably compatible with,
and complementary to, the surrounding properties and land use,
d.
the application shall demonstrate that any additional traffic generated by
the use, can be adequately provided for in the existing parking and access
arrangements. Where this is not possible, further appropriate provisions shall
be made to ensure no adverse parking or access effects occur,
e.
the application addresses the amenity needs of individuals utilizing the
development,
f.
the Development Authority shall consider the application's compliance with
any existing Area or Neighbourhood Structure Plans,
g.
the Development Authority may circulate the application with local
developers as part of the Notification of Applications process detailed in
Subsection 3.7 to ensure that the application complies with any existing
architectural controls or other privately imposed development regulations,
h.
the application addresses pedestrian safety and convenience both within the
site, and in terms of the relationship to the road network in and around the
adjoining area, and
i.
all proposed operations and uses shall comply with all applicable provincial or
federal requirements which govern their operation and development.
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4.4
Discretionary Use Conditions
4.4.1
In reviewing a discretionary use application, the Development Authority
may prescribe such conditions as they deem appropriate, having regard to the
regulations and provisions of this Bylaw and the provisions of any Statutory Plan
including, but not limited to, the following:
a.
requirement that accessibility and traffic patterns for persons and vehicles, are
acceptable based on the type and volume of such traffic and that adequate off-
street parking and loading where required, is provided and maintained,
b.
safeguards to prevent noxious or offensive emissions such as noise, glare,
smoke, dust and odour,
c.
upgrades to landscaping or fencing and screening,
d.
a limit to the hours of operation,
e.
a limit to the number of patrons,
f.
ensure grading and drainage of a site is adequate and does not negatively
impact adjacent or abutting properties,
g.
establishing a period of time during which a development may operate, or
h.
any other reasonable matters the Development Authority considers appropriate.
5.
Compliance & Enforcement
5.1
Ability to Enforce
5.1.1
The enforcement powers granted under this Bylaw are in addition to any
enforcement powers the City or any of its officers may have under the Charter,
the Act, another Bylaw or any other applicable legislation.
5.1.2
For the purposes of this Bylaw the Development Authority and the Bylaw
Enforcement Officer may enforce the provisions of Part 17 of the Act and
its regulations, this Bylaw, the conditions of a Development Permit, and the
conditions of Subdivision Approval. Enforcement may be by way of written
warning, Stop Order, or any other authorized action to ensure compliance.
5.2
Non-Conforming Buildings, Uses, or Parcels
5.2.1
Non-conforming buildings, uses, or parcels shall be regulated in accordance with
Section 643 of the Act.
5.2.2
The lawful use of land or a parcel of land, a building or other structure existing
at the date of the approval of this Bylaw that does not conform to this Bylaw
may be continued; but if the non-conforming use is discontinued for a period of
at least twelve (12) consecutive months, as determined by the Development
Authority, the future use of the land, building or other structure shall be in
conformity with this Bylaw.
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Part 2: Administration
5.2.3
When a building is non-conforming solely by reason of its encroachment into a
required yard or setback, the Development Authority may allow an extension
of, or an addition to, the building if such extension or addition will not increase
the development's non-conformance and if such extension or addition complies
with the provisions of this Bylaw.
5.2.4
No structure or site shall be deemed to be non-conforming by reason only of the
conversion from the imperial system of measurement where such non-conformity
is resultant solely from such change and is reasonably equivalent to the metric
standard herein established.
5.3
Bylaw Contravention
5.3.1
A person, whether a landowner, corporation, or occupant of a building, structure
or land is guilty of an offense and is liable to have penalties imposed when they
cause, commence, or allow the commencement of any development that:
a.
contravenes or does not comply with the provisions of this Bylaw,
b.
requires a Development Permit which has not been issued, or has been
considered void, suspended or cancelled,
c.
that is contrary to a Development Permit that has been issued, or
subdivision approval that has been given, or a condition of a Development
Permit or approval, or
d.
contravenes a Stop Order.
5.3.2
The Development Authority may suspend or revoke a Development Permit where:
a.
the applicant fails to comply with the conditions within a permit,
b.
any person undertakes, causes or permits any development on a site
contrary to the terms or conditions of a permit, or
c.
the development does not comply with a Development Agreement.
5.3.3
Any person who undertakes, causes, or permits any development on a site
without a Development Permit, or after a permit has been suspended or
revoked, shall discontinue such development forthwith upon notice in writing
issued by the Development Authority and shall not resume such development
unless a permit has been issued or the permit reinstated.
5.3.4
If it appears that a Development Permit has been obtained by
misrepresentation, the Development Authority may suspend, revoke or modify
the Development Permit.
5.4
Notice of Contravention
5.4.1
Where there is a violation to this Bylaw, the Development Authority may first
notify the landowner, the person or corporation in possession of or occupying
the land or development, and the person responsible for the Bylaw violation or
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LAND USE BYLAW | 05-2025
contravention, by either:
a.
delivering in person or by ordinary or registered mail or email, a Notice of
Contravention, or
b.
posting a Notice of Contravention in a conspicuous location on the site.
5.4.2
A Notice of Contravention shall state:
a.
the nature of the violation of this Bylaw,
b.
the scope of the corrective measures, including where necessary submission
or resubmission of a Development Permit application and payment of the
required Development Permit application fee as per the City's Fees and
Charges Bylaw as amended, required to comply with this Bylaw,
c.
the time limit within which such corrective measures must be performed, and
d.
Notwithstanding Subsection 5.4.2, the penalties for the violation, may be
stated in the Notice of Contravention.
5.5
Stop Orders
5.5.1
The Development Authority shall issue a Stop Order in writing to the registered
landowner, the person or corporation in possession of or occupying the land
or buildings, or the person or corporation responsible for the contravention
subsequent to the issuance of a Notice of Contravention if a development or use
of land or building is not in accordance with:
a.
the Act or the regulations thereunder,
b.
this Bylaw,
c.
the Charter,
d.
a Development Permit, or conditions thereof, or
e.
a Notice of Contravention,
5.5.2
Stop Orders may require the recipient 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.
take such other measures as are specified in the notice so that the
development or use of the land or building is in accordance with the Act,
and the regulations thereunder, a Development Permit, subdivision approval
or the Bylaw, as the case may be, within the time specified by the order.
5.5.3
If a person fails or refuses to comply with a Stop Order, the City may, in
accordance with the Act, enter upon the land or building and take such action as
is necessary to carry out the order.
5.5.4
If the City takes action to carry out a Stop Order, the City shall cause the costs and
expenses incurred in doing so, to be placed on the tax roll of the property concerned.
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Part 2: Administration
5.5.5
The City may register a caveat with respect to the Stop Order with the Land
Titles Office.
5.5.6
All Stop Orders shall be issued in accordance with Section 645 of the Act.
5.6
Penalties
5.6.1
A person or corporation is guilty of an offense and liable on summary conviction
to a fine of not more than $10,000.00, who:
a.
contravenes any provision of this Bylaw,
b.
contravenes any provision of an order, regulation, provision, or permit in
force pursuant to this Bylaw,
c.
is to do any act or thing required to be done by an order, regulation,
provision, or permit in force pursuant to this Bylaw,
d.
suffers or permits any act or thing to be done in contravention of any provision
of an order, regulation, provision, or permit in force pursuant to this Bylaw, or
e.
obstructs or hinders any person in the performance of his duties under this Bylaw
or under any order, regulation, provision, or permit in force pursuant to this Bylaw.
5.6.2
In addition to the penalties provided in this Subsection, a judge or the court
who convicts a person or corporation in respect of a development carried on
in contravention of this Bylaw or any Order, regulation, provision, or permit in
force pursuant to this Bylaw, may order that person or corporation to observe,
perform or carry out any matter or thing that may be necessary to remedy the
contravention for which the penalty was imposed.
5.6.3
The conviction of an offender upon a breach of any of the provisions of this Bylaw
shall not bar prosecution against the same offender upon any subsequent breach
of the same or any other provision of this Bylaw or prosecution under any other
applicable Bylaw or statute.
5.7
Fines
5.7.1
In addition to the charges and fees included in the City's Fees and Charges Bylaw
as amended, the fines included within Table 2 (Land Use Bylaw Fines) shall be
issued to those not in compliance with the applicable provisions of this Bylaw in
accordance with Subsection 5.6.1.
Table 2: Land Use Bylaw Fines
Provision
Offense
Fine
1
Subsection
16.9.2
Third or subsequent portable sign
related offense within one (1)
calendar year of the first offense
$500.00
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Part 3:
Land Use Districts
& Overlays
Purpose:
For the purpose of this Bylaw the following Section provides
information on individual districts within the City. As
required by the Municipal Government Act, the City is divided
into districts that provide specific provisions regarding the
development of land and the permitted and discretionary
uses allowed to promote orderly and vibrant development in
the City of Lloydminster.
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Part 3: Land Use Districts & Overlays
Section Contents:
6.
Residential Land Use Districts
35
6.1
Low Density Residential (LDR) District
36
6.2
Medium Density Residential (MDR) District
38
6.3
High Density Residential (HDR) District
40
6.4
Residential Manufactured Home (RMH) District
42
7.
Commercial Land Use Districts
44
7.1
General Commercial (GC) District
45
7.2
Neighbourhood Commercial (NC) District
47
7.3
Corridor Commercial (CC) District
49
7.4
Downtown Commercial (DTN) District
51
7.5
Recreation & Entertainment (RE) District
54
7.6
Business Transition (BT) District
56
8.
Industrial Land Use Districts
58
8.1
Medium Industrial (MI) District
59
8.2
Heavy Industrial (HI) District
61
9.
Public Service Districts
63
9.1
Community Services (CS) District
64
9.2
Parks & Utility (PU) District
66
9.3
Transitional (T) District
67
9.4
Municipal Airport (MA) District
69
10.
Direct Control Districts
71
10.1
Direct Control Casino (DC1) District
72
10.2
Direct Control Couplet (DC2) District
74
11.
Overlays
75
11.1
Airport Protection Overlay
76
11.2
Downtown Area Redevelopment Plan (DARP) Overlay
78
12.
Land Use District and Overlay Map
84
12.1
Application
85
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Purpose:
This Section details the districts whose primary intention is to
facilitate residential development in the City through providing
a variety of housing options at different areas of the City and at
varying levels of density to meet the varying needs of the public.
Section Contents:
6.1
Low Density Residential (LDR) District
36
6.2
Medium Density Residential (MDR) District
38
6.3
High Density Residential (HDR) District
40
6.4
Residential Manufactured Home (RMH) District
42
6.
Residential Land
Use Districts
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Part 3: Land Use Districts & Overlays
6.1
Low Density Residential (LDR) District
6.1.1
Purpose
This district provides a range of low density housing options that are compatible
with the surrounding area.
6.1.2
Permitted & Discretionary Uses
Permitted Uses
Discretionary Uses
Accessory Building or Structure
Dwelling, Additional Unit
Accessory Use
Dwelling, Show Home
Dwelling, Secondary Suite
Dwelling, Supportive Housing
Dwelling, Single-detached
Dwelling, Two-unit
Home Based Business, Minor
Home Based Business, Major
Short Term Rental
Solar Collector (Freestanding)
Wind Energy System
6.1.3
Development Regulations
In addition to the provisions contained within this Bylaw, the following regulations
shall apply in this district:
a.
the maximum density shall be two (2) dwelling units/lot except where
developments are part of a bare land condominium, in such cases the
maximum density shall be fifteen (15) dwelling units/hectare,
b.
two (2) dwelling units on a lot shall only be achieved by the development of:
i.
a two-unit dwelling,
ii.
a secondary suite dwelling located within a single-detached dwelling, or
iii. an additional dwelling unit located on a lot containing a single-
detached dwelling,
c.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
d.
parking shall be provided according to the provisions of Part 6 of this Bylaw,
e.
signs shall be provided according to the provisions of Part 7 of this Bylaw,
f.
landscaping shall be provided according to the provisions of Part 5 of this Bylaw,
g.
building design shall be required in accordance with the provisions of
Subsection 13.9 of this Bylaw,
h. accessory buildings or structures shall be developed in accordance with
the provisions of Subsection 13.1 of this Bylaw,
i.
existing developments destroyed through fire, flood, or other act of nature
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LAND USE BYLAW | 05-2025
may be replaced in accordance with the provisions of Subsections 1.9.18 and
1.9.19 of this Bylaw,
j.
additional dwelling units shall be developed in accordance with the
provisions of Subsection 13.3 of this Bylaw,
k.
dwelling, supportive housing shall only be considered a discretionary
use in all cases and shall only be considered where the use is within either a
single-detached or two-unit dwelling,
l.
minimum setbacks, lot depth, and maximum height and lot coverage
shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot
Depth (m)
Lot Coverage
(%)
Height
(m)
Single-detached or two-unit
dwellings, interior lots
6.0
1.2
4.0
30.0
60
10.5
Single-detached or two-unit
dwellings, corner lots
6.0
3.0 (street side)
1.2 (interior side)
4.0
30.0
60
10.5
6.1.4
Additional Development Regulations
a.
Bare land condominiums may be considered within LDR Districts
provided that:
i.
the development types are listed as either a permitted or
discretionary use within the LDR District, and
ii.
the density of the bare land condominium does not exceed fifteen
(15) dwelling units/hectare.
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Part 3: Land Use Districts & Overlays
6.2
Medium Density Residential (MDR) District
6.2.1
Purpose
This district provides a range of medium density housing options that are
compatible with the surrounding area.
6.2.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Dwelling, Apartment, seven (7) or more units
Accessory Use
Dwelling, Multi-unit, seven (7) or more units
Dwelling, Additional Unit
Dwelling, Single-detached
Dwelling, Apartment, up to six (6) units
Dwelling, Show Home
Dwelling, Multi-unit, up to six (6) units
Dwelling, Supportive Housing, seven (7) or more
units
Dwelling, Secondary Suite
Home Based Business, Major
Dwelling, Supportive Housing, up to six (6) units
Mixed Use Building
Dwelling, Two-unit
Short Term Rental
Home Based Business, Minor
Solar Collector (Freestanding)
Wind Energy System
6.2.3
Development Regulations
In addition to the provisions contained within this Bylaw, the following regulations
shall apply in this district:
a.
the maximum density shall be fifty (50) dwelling units/hectare,
b.
landscaping shall be provided according to the provisions of Part 5 of this Bylaw,
c.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
d.
parking shall be provided according to the provisions of Part 6 of this Bylaw,
e.
signs shall be provided according to the provisions of Part 7 of this Bylaw,
f.
building design shall be required in accordance with the provisions of
Subsection 13.9 of this Bylaw,
g.
accessory buildings or structures shall be developed in accordance with
the provisions of Subsection 13.1 of this Bylaw,
h.
existing developments destroyed through fire, flood, or other act of nature
may be replaced in accordance with the provisions of Subsections 1.9.18 and
1.9.19 of this Bylaw,
i.
additional dwelling units shall be developed in accordance with the
provisions Subsection 13.3 of this Bylaw,
j.
minimum setbacks, lot depth, and maximum height and lot coverage
shall be as follows:
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LAND USE BYLAW | 05-2025
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot
Depth (m)
Lot Coverage
(%)
Height
(m)
Apartment or multi-unit dwelling
(up to six (6) units), interior lots
6.0
1.2
4.0
34.0
60
10.5
Apartment or multi-unit dwelling
(up to six (6) units), corner lots
6.0
3.0 (street side)
1.2 (interior side)
4.0
34.0
60
10.5
Apartment or multi-unit dwelling
(more than six (6) units) and mixed use
buildings, interior or corner lots
6.0
3.0
4.0
34.0
60
16.0
All other principal uses, interior lots
6.0
1.2
4.0
34.0
60
10.5
All other principal uses, corner lots
6.0
3.0 (street side)
1.2 (interior side)
4.0
34.0
60
10.5
6.2.4
Additional Development Requirements
a.
Multi-unit and apartment dwellings, and mixed use buildings, shall be
developed in accordance with the following provisions:
i.
only the commercial uses detailed in Subsection 13.30 shall be
considered within approved mixed use buildings,
ii.
where detached rear garages are developed, the maximum width of the
building containing the garage(s) shall not exceed 24.0 m (78.7 ft) in width,
iii. notwithstanding the other regulations of this district or this Bylaw,
where a development abuts an LDR site, the following provisions apply
along the shared property line:
1.
no garbage collection or outdoor storage areas shall be developed
within 3.0 m (9.8 ft) of the property line, and
2.
a solid fence built in accordance with Subsection 13.24 shall be
installed and maintained, except along common flanking front yard
boundaries or where there is an existing fence in place.
b.
Commercial uses shall only be considered where they are located on the ground
floor of a mixed use building and are in accordance with Subsection 13.30.
c.
Two-unit dwellings shall be developed in accordance with the provisions of
the LDR District.
d.
Single-detached dwellings shall be developed in accordance with the
provisions of the LDR District and shall only be considered where they are
replacing an existing structure of the same nature, with an approved permit,
destroyed through fire, flood, or other act of nature may be replaced in
accordance with the provisions of Subsections 1.9.18 and 1.9.19 of this Bylaw.
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Part 3: Land Use Districts & Overlays
6.3
High Density Residential (HDR) District
6.3.1
Purpose
This district provides a range of high density housing options that are
compatible with the surrounding area.
6.3.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Dwelling, Apartment, more than fifty (50) units
Accessory Use
Dwelling, Multi-unit, more than fifty (50) units
Dwelling, Apartment, thirteen (13) to fifty (50) units
Dwelling, Supportive Housing, more than fifty
(50) units
Dwelling, Multi-unit, thirteen (13) to fifty (50) units
Home Based Business, Major
Dwelling, Supportive Housing, thirteen (13) to
fifty (50) units
Mixed Use Building, more than fifty (50) units
Home Based Business, Minor
Short Term Rental
Mixed Use Building, thirteen (13) to fifty (50)
dwelling units
Solar Collector (Freestanding)
Wind Energy System
6.3.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a.
the maximum density shall be one-hundred-fifty (150) dwelling units/hectare,
b. landscaping shall be provided according to the provisions of Part 5 of this
Bylaw,
c.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
d.
parking shall be provided according to the provisions of Part 6 of this Bylaw,
e.
signs shall be provided according to the provisions of Part 7 of this Bylaw,
f.
landscaping shall be provided according to the provisions of Part 5 of this Bylaw,
g.
building design shall be required in accordance with the provisions of
Subsection 13.9 of this Bylaw,
h.
accessory buildings or structures shall be developed in accordance with
the provisions of Subsection 13.1 of this Bylaw,
i.
existing developments destroyed through fire, flood, or other act of nature
may be replaced in accordance with the provisions of Subsections 1.9.18 and
1.9.19 of this Bylaw.
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j.
minimum setbacks, lot depth, and maximum height and lot coverage
shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot
Depth (m)
Lot Coverage
(%)
Height
(m)
Multi-unit dwellings with a party wall,
interior or corner lots
7.6
4.5 (exterior wall side)
0 (common wall side)
7.6
34.0
60
20.0
All other principal uses, interior or
corner lots
7.6
4.5
7.6
34.0
60
20.0
6.3.4
Additional Development Regulations
a.
Multi-unit and apartment dwellings, and mixed use buildings, shall be
developed in accordance with the provisions of the MDR District (Subsection
6.2).
b.
Commercial uses shall only be considered where they are located on the
ground floor of a mixed use building and shall be in accordance with
Subsection 13.31.
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Part 3: Land Use Districts & Overlays
6.4
Residential Manufactured Home (RMH) District
6.4.1
Purpose
This district provides areas for the development of comprehensively designed
manufactured home communities.
6.4.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Dwelling, Single-detached
Accessory Use
Dwelling, Supportive Housing
Dwelling, Mobile Manufactured Home
Dwelling, Show Home
Home Based Business, Minor
Home Based Business, Major
Short Term Rental
Solar Collector (Freestanding)
Wind Energy System
6.4.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a.
the maximum density shall be one (1) dwelling unit per identified or
titled lot except where developments are part of a manufactured home
community, in such cases the maximum density shall be twenty (20)
dwelling units/hectare,
b.
the minimum site area for a manufactured home community shall be 2.0
hectares,
c.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
d. landscaping shall be provided according to the provisions of Part 5 of this Bylaw,
e.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
f.
parking shall be provided according to the provisions of Part 6 of this Bylaw,
g. signs shall be provided according to the provisions of Part 7 of this Bylaw,
h.
all buildings shall have a minimum separation distance of 2.4 m (8 ft),
i.
in cases where lot lines are non-existent, maximum lot coverage shall be
at the discretion of the Development Authority,
j.
the undercarriage of each mobile manufactured home dwelling shall be
completely screened from view by the foundation, skirting or other means
acceptable to the Development Authority to complement the mobile
manufactured home dwelling, and
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k.
single-detached dwellings shall:
i.
be considered only on titled lots,
ii.
not exceed one (1) storey in height,
iii. be constructed according to the LDR District (Subsection 6.1) setback
and density requirements, and
iv. not develop additional dwelling units (ADUs),
l.
accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
m. minimum setbacks, lot depth, and maximum height and lot coverage
shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot
Depth (m)
Lot Coverage
(%)
Height
(m)
All approved principal uses, interior
lots
4.0
1.2
2.0
32
60
5.0
All approved principal uses, corner
lots
4.0
3.0 (Street Side)
1.2 (Interior Side)
2.0
32
60
5.0
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Part 3: Land Use Districts & Overlays
Purpose:
This Section details the districts whose primary intention is to
facilitate commercial development in the City. These districts
provide specific provisions for development at varying levels of
intensity.
Section Contents:
7.1
General Commercial (GC) District
45
7.2
Neighbourhood Commercial (NC) District
47
7.3
Corridor Commercial (CC) District
49
7.4
Downtown Commercial (DTN) District
51
7.5
Recreation & Entertainment (RE) District
54
7.6
Business Transition (BT) District
56
7.
Commercial Land
Use Districts
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7.1
General Commercial (GC) District
7.1.1
Purpose
This district provides opportunities for a variety of commercial development on
primary commercial areas of the City not abutting highways.
7.1.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Automotive and Equipment Repair Shop
Accessory Use
Communication Facility
Automotive Service Station
Community Support Centre, Major
Broadcasting and Television Studio
Community Support Centre, Minor
Cannabis Establishment
Community Support Centre, Warming Shelter
Child Care Facility
Dwelling, Supportive Housing
Contractor Services
Parking Lot or Structure
Distillery, Brewery, and Winery
Pawn Shop
Drinking or Eating Establishment
Solar Collector (Freestanding)
Drinking Establishment, Nightclub
Utility Services, Minor
Drive Through Services
Wind Energy System
Fitness Studio
Funeral Services
Greenhouses and Plant Nurseries
Health Services
Hotel
Manufacturing Establishment
Mixed Use Building
Office
Personal Service Shop
Pet Care Facility
Protective and Emergency Services
Public Library or Cultural Exhibit
Recreation Services
Religious Assembly
Retail Store
Shopping Centre
Veterinary Services, Minor
7.1.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a. the maximum density shall be fifty (50) dwelling units/hectare,
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Part 3: Land Use Districts & Overlays
b.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
c. landscaping shall be provided according to the provisions of Part 5 of this
Bylaw,
d.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
e. parking shall be provided according to the provisions of Part 6 of this Bylaw,
f.
signs shall be provided according to the provisions of Part 7 of this Bylaw,
g.
mixed use buildings shall be designed in accordance with the MDR District
(Subsection 6.2). Notwithstanding the regulations of the MDR District,
the maximum lot coverage, height, and required setbacks shall be in
accordance with this district,
h.
contractor services and automotive and equipment repair shops shall
not include an outdoor storage component within this district,
i.
accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
j.
minimum setbacks, maximum height and lot coverage shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot Coverage
(%)
Height
(m)
Hotels, mixed use buildings
9.0
3.0
3.0
60
20.0
All other principal uses
9.0
3.0
3.0
60
16.0
Sites abutting LDR or MDR Districts
9.0
4.5 (abutting side)
3.0 (non-abutting side)
7.6
60
16.0
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7.2
Neighbourhood Commercial (NC) District
7.2.1
Purpose
This district provides opportunities for a limited variety of commercial
development that is compatible with residential neighbourhoods and is intended
to primarily service the residents of the nearby neighbourhoods. Development
within this district should be designed to promote pedestrian connectivity and
integrate with the adjacent residential neighbourhoods.
7.2.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Automotive Service Station
Accessory Use
Distillery, Brewery, and Winery
Child Care Facility
Dwelling, Supportive Housing
Drinking or Eating Establishment
Hall
Drive Through Services
Live/Work Unit
Dwelling, Apartment
Religious Assembly
Dwelling, Multi-unit
Short Term Rental
Education Services
Solar Collector (Freestanding)
Fitness Studio
Wind Energy System
Greenhouses and Plant Nurseries
Health Services
Home Based Business, Minor
Mixed Use Building
Office
Personal Service Shop
Pet Care Facility
Public Library or Cultural Exhibit
Protective and Emergency Services
Recreation Services
Retail Store
Shopping Centre
7.2.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
b. landscaping shall be provided according to the provisions of Part 5 of this Bylaw,
c.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
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Part 3: Land Use Districts & Overlays
d. parking shall be provided according to the provisions of Part 6 of this Bylaw,
e. signs shall be provided according to the provisions of Part 7 of this Bylaw,
f.
the maximum density shall be fifty (50) dwelling units/hectare,
g.
the residential component of a mixed use building shall have access at
grade, which is separate from the access for the commercial premises,
h.
apartment and multi-unit dwellings shall be designed in accordance with
the MDR District (Subsection 6.2). Notwithstanding the regulations of the
MDR District, the maximum lot coverage, height, and required setbacks
shall be in accordance with this district,
i.
distillery, brewery, and winery shall only be considered where the
development is in conjunction with a drinking or eating establishment,
j.
visual screening a minimum of 2.0 m (6.5 ft) high shall be provided by a
solid fence or a combination of fence and landscaping along all common
property lines, except for flanking front yard boundaries, which are
abutting a Residential District,
k. accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
l.
minimum setbacks, and maximum height and lot coverage shall be as
follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot Coverage
(%)
Height
(m)
Sites abutting LDR or MDR Districts
6.0
3.0 (street and interior)
6.0
60
16.0
Mixed use buildings
9.0
3.0 (street and interior)
6.0
60
20.0
All other principal uses
6.0
3.0 (street and interior)
3.0
60
16.0
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7.3
Corridor Commercial (CC) District
7.3.1
Purpose
This district provides opportunities for commercial development on sites
abutting highways.
7.3.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Agricultural Oriented Sales and Services
Accessory Use
Child Care Facility
Automotive and Equipment Repair Shop
Communication Facility
Automotive Equipment Sales and Rentals
Community Support Centre, Major
Automotive Service Station
Community Support Centre, Minor
Broadcasting and Television Studio
Community Support Centre, Warming Shelter
Cannabis Establishment
Contractor Services
Distillery, Brewery, and Winery
Distribution Centre
Drinking or Eating Establishment
Dwelling, Apartment
Drinking Establishment, Nightclub
Dwelling, Show Home
Drive Through Services
Dwelling, Single-detached
Education Services
Dwelling, Supportive Housing
Entertainment Centre
Dwelling, Two-unit
Fitness Studio
Funeral Services
Greenhouses and Plant Nurseries
Home Based Business, Major
Hall
Live/Work Unit
Health Services
Pawn Shop
Home Based Business, Minor
Religious Assembly
Hotel
Solar Collector (Freestanding)
Manufacturing Establishment
Utility Services, Minor
Mixed Use Building
Wind Energy System
Office
Personal Service Shop
Pet Care Facility
Protective and Emergency Services
Public Library or Cultural Exhibit
Recreation Services
Retail Store
Shopping Centre
Veterinary Services, Minor
7.3.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
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Part 3: Land Use Districts & Overlays
a.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
b. landscaping shall be provided according to the provisions of Part 5 of this Bylaw,
c.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
d. parking shall be provided according to the provisions of Part 6 of this Bylaw,
e. signs shall be provided according to the provisions of Part 7 of this Bylaw,
f.
apartment dwellings and mixed use buildings shall have a maximum
density of one-hundred (100) dwelling units/hectare,
g.
residential uses shall only be considered where they are:
i.
located within a mixed use building, or
ii. replacing an existing legally permitted development destroyed through
fire, flood, or other act of nature. Such replacements shall be developed
in accordance with Subsections 1.9.18 and 1.9.19.
h. accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
i.
minimum setbacks, and maximum height and lot coverage shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot Coverage
(%)
Height
(m)
Apartment dwellings and
mixed use buildings
9.0
1.2
5.0
60
20.0
All other principal uses
9.0
3.0
5.0
60
16.0
Sites abutting a LDR,
MDR, or RMH District
9.0
7.5 (abutting side)
3.0 (non-abutting side)
7.5 (abutting rear)
5.0 (non-abutting rear)
60
16.0
7.3.4
Additional Development Regulations
a.
Landscaping visible from a highway shall be used to minimize the
perceived mass of the buildings and to create visual interest.
b.
apartment dwellings and mixed use buildings shall be designed in
accordance with the MDR District (Subsection 6.2). Notwithstanding the
regulations of the MDR District, the maximum lot coverage, height, and
required setbacks shall be in accordance with this district,
c.
Visual screening shall be provided by a solid fence or a combination of fence
and landscaping along all common property lines, except for flanking front
yards which are abutting a Residential District.
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7.4
Downtown Commercial (DTN) District
7.4.1
Purpose
This district provides opportunities for a variety of development in conjunction
with the City's Downtown Area Redevelopment Plan (DARP). Development
within this district should be designed to promote pedestrian connectivity and
should include interesting building facades and active frontages.
7.4.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Automotive and Equipment Repair Shop
Accessory Use
Automotive Service Station
Broadcasting and Television Studio
Communication Facility
Cannabis Establishment
Community Support Centre, Minor
Child Care Facility
Community Support Centre, Warming Shelter
Distillery, Brewery, and Winery
Drive Through Services
Drinking or Eating Establishment
Dwelling, Multi-unit
Drinking Establishment, Nightclub
Dwelling, Show Home
Dwelling, Apartment
Dwelling, Single-detached
Education Services
Dwelling, Supportive Housing
Entertainment Centre
Dwelling, Two-unit
Fitness Studio
Home Based Business, Major
Funeral Services
Parking Lot or Structure
Hall
Pawn Shop
Health Services
Religious Assembly
Home Based Business, Minor
Shopping Centre
Hotel
Solar Collector (Freestanding)
Manufacturing Establishment
Wind Energy System
Mixed Use Building
Office
Personal Service Shop
Pet Care Facility
Protective and Emergency Services
Public Library or Cultural Exhibit
Public Park
Recreation Services
Retail Store
Short Term Rental
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Part 3: Land Use Districts & Overlays
7.4.3
Development Regulations
In addition to the provisions contained in this Bylaw, and in the Downtown Area
Redevelopment Plan (DARP) Overlay the following regulations shall apply in this
district:
a.
the maximum density shall be four-hundred (400) dwelling units/hectare,
b.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
c. landscaping shall be provided according to the provisions of Part 5 of this Bylaw,
d.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
e. parking shall be provided according to the provisions of Part 6 of this Bylaw,
f.
signs shall be provided according to the provisions of Part 7 of this Bylaw,
g.
the maximum front yard on corner and street facing lots shall be 2.0 m (6.5 ft),
h.
apartment dwellings and mixed use buildings shall be designed in
accordance with the MDR District (Subsection 6.2). Notwithstanding the
regulations of the MDR District, the maximum lot coverage, height, and
required setbacks shall be in accordance with this district,
i.
accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
j.
minimum setbacks, maximum height and lot coverage shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot Coverage
(%)
Height
(m)
Principal uses abutting Residential Districts
0
1.5 (abutting side)
0 (non-abutting side)
0
100
20.0
All other principal uses
0
0 (street and interior)
0
100
20 .0
7.4.4
Additional Development Regulations
a.
Residential and residential-related uses shall be in mixed use buildings and
shall provide parking in accordance with Part 6.
b.
Notwithstanding the regulations of this Bylaw, single-detached dwellings
and two-unit dwellings shall be developed in accordance with the provisions
of the LDR District and shall only be considered when replacing an original
structure destroyed by fire, flood or other act of nature. Such replacements
shall be developed in accordance with Subsections 1.9.18 and 1.9.19.
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LAND USE BYLAW | 05-2025
c.
Outdoor uncovered or covered decks located wholly on private property
are permitted provided a minimum 1.5 m (5.0 ft) unobstructed pedestrian
pathway is maintained.
d. Outdoor uncovered or covered decks located on public property are
regulated according to the City's Licence of Occupation Policy as amended.
e.
Development shall encourage design elements that create a barrier free,
pedestrian oriented built form.
f.
Storefronts and upper storeys of buildings shall be illuminated at night
for pedestrian safety and to provide visual interest and shall not negatively
affect adjacent properties. Lighting shall be provided in accordance with
Subsection 13.28.
g. notwithstanding 7.4.3 (h), the residential component of a mixed-use
building in this district may be allowed on the same storey as a commercial
use provided that the character of the building remains commercial,
the residential component is completely separate from the commercial
component, and the commercial component of the building faces the street.
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Part 3: Land Use Districts & Overlays
7.5
Recreation & Entertainment (RE) District
7.5.1
Purpose
This district provides opportunities for a variety of development intended
to accommodate vibrant entertainment and recreation related activities.
Development within this district should be designed to promote pedestrian
connectivity, public interaction, and public safety.
7.5.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Automotive Service Station
Accessory Use
Campground
Cannabis Establishment
Child Care Facility
Distillery, Brewery, and Winery
Drive Through Services
Drinking or Eating Establishment
Exhibition and Convention Facilities
Drinking Establishment, Nightclub
Health Services
Entertainment Centre
Office
Fitness Studio
Parking Lot or Structure
Hotel
Public Library or Cultural Exhibit
Mixed Use Building
Solar Collector (Freestanding)
Personal Service Shop
Wind Energy System
Protective and Emergency Services
Public Park
Recreation Services
Retail Store
7.5.3
Development Regulations
In addition to the provisions contained in this Bylaw the following regulations shall
apply in this district:
a. the maximum density shall be fifty (50) dwelling units/hectare,
b.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
c. landscaping shall be provided according to the provisions of Part 5 of this
Bylaw,
d.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
e. parking shall be provided according to the provisions of Part 6 of this Bylaw,
f.
signs shall be provided according to the provisions of Part 7 of this Bylaw,
g.
distillery, brewery, and winery shall only be considered where the
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LAND USE BYLAW | 05-2025
development is in conjunction with an drinking or eating establishment,
or a drinking establishment, nightclub,
h.
apartment dwellings and mixed use buildings shall be designed in
accordance with the MDR District (Subsection 6.2). Notwithstanding the
regulations of the MDR District, the maximum lot coverage, height, and
required setbacks shall be in accordance with this district,
i.
visual screening shall be provided by a solid fence or a combination of fence
and landscaping along all common property lines, except for flanking front
yards, which are abutting a Residential District,
j.
accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
k.
minimum setbacks, maximum height and lot coverage shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot Coverage
(%)
Height
(m)
Apartment dwellings, hotels,
and mixed use buildings
7.6
3.0
(street and interior sides)
7.6
60
16.0
All other principal uses
7.6
3.0
(street and interior sides)
7.6
60
16.0
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Part 3: Land Use Districts & Overlays
7.6
Business Transition (BT) District
7.6.1
Purpose
This district provides for commercial and light industrial businesses that operate
in such a manner that no nuisance is created or apparent outside an enclosed
building. Outdoor activities shall not conflict with the purpose of this district or
dominate the use of the site. This district is intended for sites located on, or in
proximity to, arterial or collector roads within an industrial area.
7.6.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Adult Services
Accessory Use
Agricultural Oriented Sales and Services
Automotive and Equipment Repair Shop
Auctioneering Establishment
Automotive and Equipment Sales or Rentals
Bulk Fuel Storage and Distribution
Automotive Service Station
Cannabis Production and Distribution Facility
Broadcasting and Television Studio
Commercial School
Cannabis Establishment
Communication Facility
Child Care Facility
Community Support Centre, Major
Contractor Services
Community Support Centre, Minor
Distillery, Brewery, and Winery
Community Support Centre, Warming Shelter
Distribution Centre
Crematorium
Drinking or Eating Establishment
Dwelling, Single-detached
Drinking Establishment, Nightclub
Dwelling, Supportive Housing
Drive Through Services
Dwelling, Two-unit
Education Services
Exhibition and Convention Facilities
Fitness Studio
Fleet Services
Funeral Services
Industrial Uses, General
Greenhouse and Plant Nurseries
Kennel
Hall
Recycling Depot, Major
Health Services
Religious Assembly
Manufacturing Establishment
Solar Collector (Freestanding)
Mixed Use Building
Utility Services, Major
Office
Veterinary Services, Major
Pawn Shop
Wind Energy System
Personal Service Shop
Pet Care Facility
Protective and Emergency Services
Public Library or Cultural Exhibit
Recreation Services
Recycling Depot, Minor
Retail Store
Utility Services, Minor
Veterinary Services, Minor
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LAND USE BYLAW | 05-2025
7.6.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a.
the maximum density shall be fifty (50) dwelling units/hectare,
b.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
c. landscaping shall be provided according to the provisions of Part 5 of this
Bylaw,
d.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
e. parking shall be provided according to the provisions of Part 6 of this Bylaw,
f.
signs shall be provided according to the provisions of Part 7 of this Bylaw,
g. accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
h.
minimum setbacks, and maximum height and lot coverage shall be as
follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot Coverage
(%)
Height
(m)
All principal uses
9.0
3.0
3.0
60
16.0
7.6.4
Additional Development Regulations
a.
Visual screening a minimum of 2.0 m (6.5 ft) high shall be provided by a
solid fence or a combination of fence and soft landscaping along all property
lines, except for common flanking front yard boundaries, that are abutting
a Residential district.
b. Single-detached dwellings and two-unit dwellings shall be developed
in accordance with the regulations of the LDR District and shall only be
considered when replacing an existing legally permitted development
destroyed through fire, flood, or other act of nature. Such replacements shall
be developed in accordance with Subsections 1.9.18 and 1.9.19.
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Part 3: Land Use Districts & Overlays
Purpose:
This Section details the districts whose primary intention is to
facilitate industrial development within the City. The specific
provisions of these districts ensure a varied approach of
industrial development to promote industrial activity that is
environmentally safe, mitigates public nuisance, and ensures
public safety.
Section Contents:
8.1
Medium Industrial (MI) District
59
8.2
Heavy Industrial (HI) District
61
8.
Industrial Land
Use Districts
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8.1
Medium Industrial (MI) District
8.1.1
Purpose
This district provides opportunities for industrial development that operate with
a limited amount of nuisance, such as noise, odour, emissions or otherwise, on
the surrounding areas.
8.1.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Adult Services
Accessory Use
Communication Facility
Agricultural Oriented Sales and Services
Community Support Centre, Major
Auctioneering Establishment
Community Support Centre, Minor
Automotive and Equipment Repair Shop
Community Support Centre, Warming Shelter
Automotive and Equipment Sales or Rentals
Drinking or Eating Establishment
Automotive Service Station
Drinking Establishment, Nightclub
Bulk Fuel Storage and Distribution
Drive Through Services
Cannabis Production and Distribution
Fitness Studio
Commercial School
Grain Elevator
Contractor Services
Personal Service Shop
Distillery, Brewery, and Winery
Recreation Services
Distribution Centre
Solar Collector (Freestanding)
Fleet Services
Wind Energy System
Greenhouse and Plant Nurseries
Industrial Uses, General
Kennel
Office
Outdoor Storage
Protective and Emergency Services
Recycling Depot, Major
Recycling Depot, Minor
Utility Services, Major
Utility Services, Minor
Veterinary Services, Major
8.1.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
b. landscaping shall be provided according to the provisions of Part 5 of this
Bylaw,
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Part 3: Land Use Districts & Overlays
c.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
d. parking shall be provided according to the provisions of Part 6 of this Bylaw,
e. signs shall be provided according to the provisions of Part 7 of this Bylaw,
f.
accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
g.
minimum setbacks, lot width, and maximum height and lot coverage
shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot
Width (m)
Lot Coverage
(%)
Height
(m)
Uses abutting a
Residential District
10.6
7.5
(abutting side)
4.5
(non-abutting side)
7.5
(abutting rear lot line)
3.0
(non-abutting rear
line)
30.0
60
20.0
All other principal uses
10.6
4.5
3.0
30.0
60
20.0
8.1.4
Additional Development Requirements
a.
A personal service shop shall only be considered where it is intended as
an an accessory use to and is complementary of an existing approved
industrial use.
b.
Visual screening a minimum of 2.0 m (6.5 ft) high provided by a solid fence
or a combination of fence and soft landscaping, may be required along all
property lines.
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8.2
Heavy Industrial (HI) District
8.2.1
Purpose
This district provides for industrial uses that, due to their appearance,
probability for noise, odour, emissions, or fire and explosion hazards, are
incompatible with Residential and Commercial Districts.
8.2.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Agricultural Support Services
Accessory Use
Auctioneering Establishment
Automotive and Equipment Repair Shops
Drive Through Services
Automotive and Equipment Sales or Rentals
Resource Extraction
Automotive Service Station
Solar Collector (Freestanding)
Bulk Fuel Storage and Distribution
Wind Energy System
Cannabis Production and Distribution Facility
Communication Facility
Contractor Services
Distribution Centre
Fleet Services
Grain Elevator
Industrial Uses, General
Outdoor Storage
Protective and Emergency Services
Recycling Depot, Major
Utility Services, Major
8.2.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
b. landscaping shall be provided according to the provisions of Part 5 of this
Bylaw,
c.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
d. parking shall be provided according to the provisions of Part 6 of this Bylaw,
e. signs shall be provided according to the provisions of Part 7 of this Bylaw,
f.
accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
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Part 3: Land Use Districts & Overlays
g.
minimum setbacks, lot width, and maximum height and lot coverage
shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot
Width (m)
Lot Coverage
(%)
Height
(m)
Principal uses
abutting a
highway or
Residential
District
10.6
(non-fronting site)
30.0 (abutting
frontage)
4.5
(non-abutting side)
30.0
(abutting side)
7.5
(abutting rear
lot line)
3.0
(non-abutting
rear line)
30.0
60
30.0
All other
principal uses
10.6
4.5
3.0
30.0
60
40.0
8.2.4
Additional Development Regulations
a.
Visual screening a minimum of 2.0 m (6.5 ft) high shall be provided by a
solid fence or a combination of fence and soft landscaping along all property
lines, except for common flanking front yard boundaries in any district
other than the MI District.
b.
Grain elevators are exempt from the height requirements of this district.
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Purpose:
This Section details the districts whose primary intention is
to facilitate service oriented development. These districts
include areas on the perimeter of the City, and areas providing
institutional and recreational uses.
Section Contents:
9.1
Community Services (CS) District
64
9.2
Parks & Utility (PU) District
66
9.3
Transitional (T) District
67
9.4
Municipal Airport (MA) District
69
9.
Public Service
Districts
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Part 3: Land Use Districts & Overlays
9.1
Community Services (CS) District
9.1.1
Purpose
This district provides opportunities for development intended to serve the
community. Such developments may be of a public or private nature.
9.1.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Cemetery
Accessory Use
Communication Facility
Community Support Centre, Minor
Community Support Centre, Major
Child Care Facility
Community Support Centre, Warming Shelter
Education Services
Crematorium
Funeral Services
Dwelling, Supportive Housing
Hall
Entertainment Centre
Health Services
Exhibition and Convention Facilities
Office
Fitness Studio
Protective and Emergency Services
Parking Lot or Structure
Public Library or Cultural Exhibit
Recreation Services
Public Park
Solar Collector (Freestanding)
Religious Assembly
Utility Services, Minor
Wind Energy System
9.1.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a.
any dwelling type defined within this Bylaw may be considered as supportive
housing within this district. All applications for supportive housing shall be
reviewed on a case-by-case basis by the Development Authority,
b.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
c. landscaping shall be provided according to the provisions of Part 5 of this
Bylaw,
d.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
e. parking shall be provided according to the provisions of Part 6 of this Bylaw,
f.
signs shall be provided according to the provisions of Part 7 of this Bylaw,
g.
where any building is adjacent to a site that allows a residential use, the
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following regulations shall apply along the said property line:
i.
no outdoor garbage collection, or outdoor storage areas shall be
developed within side yard,
ii.
a solid screen fence, 2.0 m (6.5 ft) in height, shall be installed, except
along common flanking front yard boundaries,
h. accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
i.
minimum setbacks, maximum height and lot coverage shall be as follows:
Use
Front
Setback
(m)
Side
Setback
(m)
Rear
Setback
(m)
Lot
Coverage
(%)
Height
(m)
All principal uses
6.0
3.0
7.6
60
16.0
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Part 3: Land Use Districts & Overlays
9.2
Parks & Utility (PU) District
9.2.1
Purpose
This district provides opportunities for active and passive recreational uses
indoors or outdoors.
9.2.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Cemetery
Accessory Use
Communication Facility
Campground
Community Support Centre, Warming Shelter
Community Garden
Office
Public Library or Cultural Exhibit
Parking Lot or Structure
Recreation Services
Solar Collector (Freestanding)
Public Park
Utility Services, Major
Utility Services, Minor
Wind Energy System
9.2.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
b. landscaping shall be provided according to the provisions of Part 5 of this
Bylaw,
c.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
d. parking shall be provided according to the provisions of Part 6 of this Bylaw,
e. signs shall be provided according to the provisions of Part 7 of this Bylaw,
f.
accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
g.
minimum setbacks, maximum height and lot coverage shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot Coverage
(%)
Height
(m)
All principal uses
7.6
3.0
7.6
60
16.0
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9.3
Transitional (T) District
9.3.1
Purpose
This district provides a limited range of agricultural and rural land use activities
in a relatively undeveloped state to facilitate the orderly, efficient, and logical
extension of urban servicing and development in the future.
9.3.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Agricultural Support Services
Accessory Use
Auctioneering Establishment
Automotive and Equipment Repair Shops
Campground
Dwelling, Additional Unit
Communication Facility
Dwelling, Secondary Suite
Community Support Centre, Warming Shelter
Dwelling, Single-detached
Home Based Business, Major
Farming
Outdoor Storage
Fleet Services
Recreation Services
Greenhouse and Plant Nurseries
Resource Extraction
Home Based Business, Minor
Solar Collector (Freestanding)
Kennel
Utility Services, Major
Public Park
Wind Energy System
Utility Services, Minor
9.3.3
Development Regulations
In addition to the provisions contained in this Bylaw, the following regulations
shall apply in this district:
a.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw,
b.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
c. parking shall be provided according to the provisions of Part 6 of this Bylaw,
d. signs shall be provided according to the provisions of Part 7 of this Bylaw,
e.
the minimum site area and yards shall be provided in consideration of the
abutting development and district regulations, to the satisfaction of the
Development Authority,
f.
the maximum height shall be 12.0 m, (39.0 ft),
g.
the following criteria shall be considered when evaluating development
applications for new single-detached, additional unit, and secondary
suite dwellings:
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Part 3: Land Use Districts & Overlays
i.
the use is supported by the City's individual or joint Statutory Plans,
ii.
the application is intended to replace a demolished single-detached
dwelling that was previously legally approved,
iii. the location is within a predominately agricultural or rural area,
iv. the location is adjacent to compatible uses, and
v.
the potential for land use conflict is low.
h.
landscaping requirements for development shall be at the discretion of the
Development Authority, but shall consider the provisions included in Part 5
of this Bylaw,
i.
development of the site shall accommodate planned utility corridors, oil and
gas pipelines, stormwater management facilities, and roads,
j.
warming shelters shall comply with all appropriate provisions included in
Subsection 13.16 and shall only be considered:
i.
during the months of November, December, January, February and
March, and
ii.
where the development is temporary and the applicant has obtained
landowner authorization in accordance with Subsection 13.34.
k.
the Development Authority shall not approve any use that would be
prejudicial to the future economical servicing and development of such
lands for future urban use on a planned basis.
9.3.4
Subdivision Regulations
a.
A single parcel subdivision may be allowed when subdivided from a parent
parcel with an area of 64.7 hectares more or less.
b.
A single parcel subdivision shall have a maximum area of two (2) ha.
c.
A multi-lot residential subdivision (greater than one lot) shall be prohibited
unless otherwise indicated within an Area Structure Plan (ASP). If subdivision
is accommodated by an ASP, a quarter section of 64.7 ha in the Transitional
(T) District shall contain a maximum parcel density of four (4), comprising:
i.
two (2) parcels of 32.4 ha or alternative areas necessary due to land
fragmentation, and,
ii.
two (2) parcels for residential uses, one (1) from each of the two (2)
32.4 ha parcels, to a maximum area of two (2) ha each.
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9.4
Municipal Airport (MA) District
9.4.1
Purpose
This district accommodates the physical infrastructure used in support of aircraft
operations. The primary intent is to accommodate for development that is
deemed to be compatible with the existing airport and associated activities.
9.4.2
Permitted & Discretionary Uses
Permitted
Discretionary
Accessory Building or Structure
Accessory Use
Aircraft Sales, Rentals and Storage
Automotive Service Station
Airport
Bulk Fuel Storage and Distribution
Airport Facilities
Distribution Centre
Commercial School
Office
Protective and Emergency Services
Parking Structure or Lot
Solar Collector (Freestanding)
Utility Services, Minor
9.4.3
Development Regulations
In addition to the provisions contained in this Bylaw and the Airport Protection
Overlay, the following regulations shall apply in this district:
a.
minimum site area and yard setbacks are at the discretion of the
Development Authority,
b.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
c. parking shall be provided according to the provisions of Part 6 of this Bylaw,
d. signs shall be provided according to the provisions of Part 7 of this Bylaw,
e.
uses and developments on airport property must comply with the
Lloydminster Airport Master Plan, as amended, and the requirements of all
other authorities, either Federal or Provincial, having jurisdiction,
f.
all yards abutting 72 Street shall be landscaped and maintained to the
satisfaction of the Development Authority in consultation with the Airport
Manager. Landscaping is to provide a high quality, visual appearance and
enhance the aesthetics of the airport. Fruit bearing trees shall be prohibited.
Sight triangles shall not be compromised. The provision of parking, loading,
storage, or trash collection is not permissible within the 2.0 m (6.5 ft) yard
abutting 72 Street. The provisions regarding landscaping in Part 5 of this
Bylaw shall be considered,
g.
the maximum height shall be in accordance with the Height Limitation
Contour Map (Figure 1, Map 1),
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Part 3: Land Use Districts & Overlays
h.
development shall comply with all applicable Federal and Provincial
legislation and regulations, including Transport Canada and NAV CANADA
regulations and requirements,
i.
except for the parking of an aircraft or any outdoor storage related to
the operation of the municipal airport (including both accessory items and
equipment related to aviation), outdoor storage of goods, materials, or
equipment is not permitted within the Municipal Airport (MA) District,
j.
the design, character, and appearance of buildings shall be to the
satisfaction of the Development Authority and shall be encouraged to
present an attractive and high-quality design, which creates visual interest
when viewed from the entrance of the airport lands, or the airport terminal.
The provisions regarding building design and character in Subsection 13.9 of
this Bylaw shall be considered,
k.
no developments shall conflict with the safe operations of the airport at the
discretion of the Development Authority,
l.
any development, which would cause excessive or unsafe discharge of toxic
or noxious particulate matter into the atmosphere, radiation or interference
by the use of electric or electronic equipment, fire or explosive hazards,
excessively bright or unsafe lighting or use of electronic display surfaces and
accumulation of any material or waste edible by, or attractive to birds and
other wildlife, shall not be approved
m. the Development Authority will not accept or process any Development
Permit application occurring within this district unless the application is
authorized by the Airport Manager or their designate,
n.
a minimum of 50% of the gross floor area of a hangar facility shall be
dedicated to aviation related uses,
o.
commercial schools shall only be considered where the education material
is, in the opinion of the Development Authority, related to aviation. This may
include flight schools, aviation mechanical schools and other relevant topics.
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Purpose:
For the purpose of this Bylaw the following Section details the
districts designated as Direct Control. Development within
these districts have varying purposes, but due to their specific
needs or impact, all development decisions except decisions
regarding signs and landscaping (such decisions may be
approved by the Development Authority) are made publicly
through meetings of City Council. More information regarding
the creation, application, and implementation of Direct Control
Districts is located in Subsection 2.11 of this Bylaw.
Section Contents:
10.1
Direct Control Casino (DC1) District
72
10.2
Direct Control Couplet (DC2) District
74
10.
Direct Control
Districts
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Part 3: Land Use Districts & Overlays
10.1
Direct Control Casino (DC1) District
10.1.1
Purpose
The purpose of this district accommodates the development of a regional
destination and mixed use site that will consist of an entertainment centre,
casino, hotel, and retail development. This site will be characterized by its urban
design, landscaping features, and its pedestrian-friendly circulation within the site.
10.1.2
Permitted Uses
Permitted
Discretionary
Accessory Building or Structure
Casino
Accessory Use
Entertainment Centre
Automotive Service Station
Solar Collector (Freestanding)
Drinking or Eating Establishment
Wind Energy System
Drive Through Services
Fitness Studio
Health Services
Hotel
Office
Personal Service Shop
Public Library or Cultural Exhibit
Recreation Services
Retail Store
10.1.3
Development Regulations
All development shall conform to the following regulations:
a.
all development decisions, except those regarding signs and landscaping,
shall be approved by Council in accordance with Subsection 2.11 of this Bylaw.
i.
development decisions regarding signs and landscaping may be
approved by the Development Authority.
b.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
c.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw and shall:
i.
be constructed using similar architectural themes,
ii.
include design elements that create a pedestrian oriented built form, such
as but not limited to window openings/alignment, multiple entrances,
arcades, columns, quality materials, double height entrances, plazas, color
and other architectural features, setbacks and stepbacks in the building
mass, building articulation and the architectural treatment of the façades,
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LAND USE BYLAW | 05-2025
iii. be oriented to face the road with entrances that are clearly visible,
d.
landscaping shall be provided according to the provisions of Part 5 of this Bylaw,
e.
signs shall be provided according to the provisions of Part 7 of this Bylaw.
f.
accessory buildings or structures shall be developed according to the
provisions of Subsection 13.1 of this Bylaw,
g.
minimum setbacks, maximum height and lot coverage shall be as follows:
Use
Front
Setback (m)
Side
Setback (m)
Rear
Setback (m)
Lot Coverage
(%)
Height
(m)
All principal uses
9.1
7.6
7.6
50
20.0
10.1.4
Parking Provisions
a.
Parking space and loading area dimensions and locations shall be provided
according to the provisions in Part 6 of this bylaw.
b.
Notwithstanding any other requirement of this Bylaw, the minimum parking
requirements are as follows:
Use
Parking Requirement
Casino
1 space per 2.4 m2 (8.0 ft2) of public casino area
Entertainment Centre
Greater of:
1 space per 6.25 m2 (20.5 ft2) or
1 space per 5 seats
Hotel
1 stall per guest room
Drinking or Eating Establishment
Greater of:
1 spaces per 5.0 m2 (16.4 ft2) of seating area or 1
stall per 4 seats
All other Commercial Uses
3.4 spaces per 100 m2 of gross floor area plus
one space per gas pump
Additional Requirements
Hotel, Entertainment Centre and Casino
1 spaces per 3 employees
Bus Parking
5 spaces
Barrier Free Parking
3 parking spaces plus
1 additional space for every additional increment
of 100 or part thereof over first 100 stalls
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Part 3: Land Use Districts & Overlays
10.2
Direct Control Couplet (DC2) District
10.2.1
Purpose
This district allows for the redevelopment of a site for multi-purpose commercial uses.
10.2.2
Permitted Uses
Permitted
Discretionary
Accessory Building or Structure
Solar Collector (Freestanding)
Accessory Use
Wind Energy System
Child Care Facility
Drinking or Eating Establishment
Drive Through Services
Fitness Studio
Health Services
Office
Personal Service Shop
Recreation Services
Retail Store
10.2.3
Development Regulations
All development shall conform to the following regulations:
a.
all development decisions, except those regarding signs and landscaping,
shall be approved by Council in accordance with Subsection 2.11 of this
Bylaw.
i.
development decisions regarding signs and landscaping may be
approved by the Development Authority.
b.
in accordance with Subsection 2.10 of this Bylaw, where any property falls
within the area of a Land Use Overlay described in Section 11 of this Bylaw, the
provisions or allowed uses of the applicable Overlay shall take precedence over
the provisions of this district should there be any discrepancies,
c.
building design shall be required according to the provisions in Subsection
13.9 of this Bylaw.
d.
development in this district shall be evaluated with respect to compliance with
the Corridor Commercial (CC) District and all provisions of this Bylaw where not
specially overridden by this district with the exception of the following:
i.
height limitations, setback requirements, landscaping requirements,
parking & loading space provisions, sign provisions, lot coverage,
and, minimum lot size,
ii.
sign applications shall be submitted in accordance with Part 7 of this
Bylaw and provided to the satisfaction of the Development Authority.
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Purpose:
For the purposes of this Bylaw the following Section details the
specific provisions provided by the City's Overlays. Overlays are
intended to provide special provisions on specific areas within
the City that require additional attention in development.
Provisions included in this Section are in addition to and,
in the case of any discrepancy, take precedence over, the
provisions and regulations of the underlying Land Use District.
Information regarding the creation and enactment of Overlays
can be found in Subsection 2.10 of this Bylaw.
Section Contents:
11.1
Airport Protection Overlay
76
11.2
Downtown Area Redevelopment Plan (DARP) Overlay 78
11.
Overlays
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Part 3: Land Use Districts & Overlays
11.1
Airport Protection Overlay
11.1.1
Purpose
This Overlay provides for the safe and efficient operation of the Lloydminster
Municipal Airport through the regulation of uses and building heights in
addition to the requirements of the underlying districts in the vicinity.
11.1.2
Application
This Overlay applies to all lands included in the Airport Protection Overlay area
as shown on the Land Use District and Overlay Map (Figure 3, Map 3) and
detailed in the Airport Height Limitation Contour Map (Figure 1, Map 1).
Figure 1: Airport Height Limitation Contour Map
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11.1.3
Development Regulations
a.
The maximum height of a development situated within an Airport
Protection Overlay area, including all appurtenances and temporary
construction equipment, shall not penetrate the surfaces identified in the
Height Limitation Contour Map (Figure 1, Map 1) unless authorized
and approved by the Airport Manager or delegate or federal or provincial
agencies, which may include Transport Canada or NAV CANADA.
i.
Where the baseline measurement of the protection surfaces and
the elevation of the final grade of a proposed development site
differ, the maximum height allowable shall be the distance from the
elevation of the final grade of the site to the elevation of the Height
Limitation Contour Map (Figure 1, Map 1).
b.
All applications made within the Airport Protection Overlay will be referred
to the Airport Manager or designate, who may refer said application to
additional federal or provincial agencies, this may include Transport Canada
or NAV CANADA.
c.
Applications to develop any building, sign, overhead line, mast, tower, or
similar development will be analyzed on an individual basis and may be
refused, notwithstanding that a use is listed as permitted, if it is deemed
that such use will interfere with the operation of electronic equipment or
the flight path.
d.
Applications which include vehicular parking facilities, heavy electrical
equipment, electric welding, or high-tension power lines will be reviewed on
an individual basis and may be refused, notwithstanding that a use is listed as
permitted, if it is deemed that such use will result in electronic interference.
11.1.4
Submission Requirements
a.
In addition to the general submission requirements of this Bylaw, where
required by the Development Authority, an application for a Development
Permit for new construction in the Airport Protection Overlay must provide
the following information:
i.
the grade elevation of the highest point of the proposed building site, to
be referenced to geodetic elevations. Geodetic elevation is the elevation of
a point and its vertical distance, determined by employing the principles of
geodesy above or below an assumed level surface or datum,
ii.
the proposed building height, in metric measurement, including
clearance lights, mechanical penthouses, antennas, building cranes
during construction, receiving or transmitting structures, masts,
flagpoles, clearance markers or any other erection beyond the height of
the principal building, and
iii. a narrative explaining any effects that the proposed development may
have on the matters described in 11.1.3 (c-d).
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Part 3: Land Use Districts & Overlays
11.2
Downtown Area Redevelopment Plan (DARP) Overlay
11.2.1
Purpose
This Overlay identifies the areas addressed within the Downtown Area
Redevelopment Plan (DARP) Overlay Map (Figure 2, Map 2) and implement the
DARP's policies to encourage revitalization alongside economic and residential growth.
11.2.2
Application
This Overlay applies to all lands included in the DARP Overlay area as shown in
the Land Use District and Overlay Map (Figure 3, Map 3) and detailed in the
DARP Overlay Map (Figure 2, Map 2).
Figure 2: Downtown Area Redevelopment Plan (DARP) Overlay Map
11.2.3
General DARP Overlay Development Regulations
a.
The DARP Overlay regulations shall be applied as a condition of a
Development Permit.
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11.2.4
11.2.5
Permitted
Discretionary
Prohibited
As per the underlying district
Child Care Facility
Automotive Service Station
Drive Through Services
Dwelling, Single-detached
Dwelling, Two-unit
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b.
The
Development Authority
shall act as the approving authority in accordance with
the
Land Use Bylaw. Where standards or other requirements listed as part of this
overlay may conflict with the underlying
district, the Overlay regulations shall apply.
c.
The provisions of the Overlay shall take effect upon all new
development
or
re-development
within the DARP Overlay area.
d.
All applications received will be considered in accordance with the DARP and
the amendments thereof.
e.
Applications received for parcels within the DARP Overlay may be subject to
the referral process identified in
Subsection 3.8.
f.
Parking and Loading requirements for all areas within this Overlay are subject
to
Part 6
of this Bylaw unless otherwise indicated.
g.
Landscaping
requirements for all areas within this Overlay are subject to
Part 5
of this Bylaw unless otherwise indicated.
h.
Fencing and
screening
requirements for all areas within this Overlay are
subject to
Subsection 13.24
of this Bylaw unless otherwise indicated.
i.
Sign
requirements for all areas within this Overlay are subject to
Part 7
of
this Bylaw unless otherwise indicated.
j.
Building
design requirements for all areas within this Overlay are subject to
Subsection 13.9
of this Bylaw unless otherwise indicated.
Core Mixed Use Area
a.
Permitted
and
discretionary uses, and
Development
Regulations within
this area of the DARP Overlay shall be in accordance with the Downtown
Commercial (DTN)
District
(Subsection 7.4)
and in accordance with the
regulations contained in Subsection 4.3.1 of the DARP.
Mixed Use Transition
a.
The following shall apply to all areas within the Mixed Use Transition area as
detailed in the
DARP Overlay Map
(Figure 2,
Map 2).
i.
Permitted, Discretionary, and Prohibited Uses:
1.
In addition to the provisions of a
site's district
designation
regarding permitted
and
discretionary uses, the following
uses
shall be considered as either
permitted,
discretionary, or
prohibited within the Mixed Use Transition Area as identified in the
DARP Overlay Map
(Figure 2,
Map 2).
Part 3: Land Use Districts & Overlays
11.2.6
Permitted
Discretionary
Prohibited
Dwelling, Apartment, up to four (4) units
Dwelling Apartment, more than four (4) units
Dwelling, Mult-unit, up to four (4) units
Dwelling, Multi-unit, more than four (4) units
Mixed Use Building, up to four (4) units
Mixed Use Building, more than four (4) units
ii.
Development Regulations:
1.
Regulations for development within this area of the DARP Overlay
shall be in accordance with those of a site's underlying district
unless otherwise indicated here. Regulations contained in Section
4.3.5 of the DARP shall be considered in areas where the regulations
of the DARP differ from that of the applicable district.
2. The maximum density for lots within this area of the DARP Overlay
shall be sixty (60) dwelling units/hectare.
3.
Single-detached, two-unit, and multi-unit dwellings shall be
developed in accordance with the regulations of the LDR District
(Subsection 6.1.3).
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ii.
Development Regulations:
1.
Regulations for
development
within this area of the DARP Overlay
shall be in accordance with those of a
site's
underlying
district
unless otherwise indicated here. Regulations contained in Section
4.3.2 of the DARP shall be considered in areas where the regulations
of the DARP differ from that of the applicable
district.
2.
Single-detached
and
two-unit dwellings
shall be developed in
accordance with the regulations of LDR
District
(Subsection 6.1.3)
and shall only be considered when replacing an existing legally
permitted development
destroyed through fire, flood, or other act
of nature. Such replacements shall be developed in accordance with
Subsections 1.9.18
and
1.9.19.
3.
Districts
designated as HDR within this area of the DARP Overlay
shall have a maximum
density
of two-hundred (200)
dwelling
units/hectare. All other
districts
within this area of the DARP
Overlay shall have a maximum
density
of one-hundred (100)
dwelling units/hectare.
Neighbourhood Residential
a.
The following shall apply to all areas within the Neighbourhood Residential
area as detailed in the
DARP Overlay Map
(Figure 2,
Map 2).
i.
Permitted, Discretionary, and Prohibited Uses:
1.
In addition to the provisions of a
site's district
designation regarding
permitted
and
discretionary uses, the following uses shall be considered
as either
permitted,
discretionary, or prohibited within the Neighbourhood
Residential Area as identified in the
DARP Overlay Map
(Figure 2,
Map 2).
11.2.7
Permitted
Discretionary
Prohibited
Drinking or Eating Establishment
Automotive and Equipment
Repair Shop
Adult Services
Entertainment Centre
Contractor Services,
without Outdoor Storage
Agricultural Oriented Sales and
Services
Health Services
Community Support Centre,
Major
Auctioneering Establishment
Live/Work Unit
Distribution Centre
Automotive Service Station
Pet Care Facility
Education Services
Bulk Fuel Storage and
Distribution
Personal Service Shop
Cannabis Production and
Distribution Facility
Campground
Contractor Services, with
Outdoor Storage component
Commercial School
Fleet Services
Industrial Uses, General
Recycling Depot,
Major or Minor
Utility Services, Minor
Veterinary Services, Major
ii.
Development Regulations:
1.
Regulations for development within this area of the DARP Overlay
shall be in accordance with those of a site's underlying district
unless otherwise indicated here. Regulations contained in Section
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4.
Apartment dwellings
and
mixed use buildings
shall be
developed in accordance with the regulations of the MDR
District
(Subsection 6.2.3).
5.
In LDR
Districts
located within this area of the DARP Overlay,
commercial
uses
shall only be considered where they are located
within a
mixed use building, or are a
home based business.
Creative Industrial:
a.
The following apply to all areas within the Creative Industrial area as detailed
in the
DARP Overlay Map
(Figure 2,
Map 2).
i.
Permitted, Discretionary, and Prohibited Uses:
1.
In addition to the provisions of a
site's district
designation
regarding permitted
and
discretionary uses, the following
uses
shall be considered as either
permitted,
discretionary, or
prohibited within the Creative Industrial Area as identified in the
DARP Overlay Map(Figure 2,
Map 2).
Part 3: Land Use Districts & Overlays
Permitted
Discretionary
Prohibited
As per the underlying district
As per the underlying district
Automotive and Equipment
Sales or Rentals
Agricultural Oriented Sales
Commercial School
Distribution Centre
Outdoor Storage
Utility Services, Minor
ii.
Development Regulations:
1.
Regulations for development within this area of the DARP Overlay
shall be in accordance with those of a site's underlying district
unless otherwise indicated here. Regulations contained in Section
4.3.6 of the DARP shall be considered in areas where the regulations
of the DARP differ from that of the applicable district.
11.2.9
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4.3.4 of the DARP shall be considered in areas where the regulations
of the DARP differ from that of the applicable
district.
11.2.8
Highway Commercial
a.
Regulations for
development
within this area of the DARP Overlay shall be
in accordance with those of a
site's
underlying
district
unless otherwise
indicated here. Regulations contained in Section 4.3.4 of the DARP shall be
considered in areas where the regulations of the DARP differ from that of the
applicable
district.
i.
Permitted, Discretionary, and Prohibited Uses:
1.
In addition to the provisions of a
site's district
designation
regarding permitted
and
discretionary uses, the following uses
shall be considered as either
permitted,
discretionary, or
prohibited within the Highway Commercial Area as identified in the
DARP Overlay Map
(Figure 2,
Map 2).
Civic
a.
The following apply to all areas within the Civic area as detailed in the
DARP
Overlay Map
(Figure 2,
Map 2).
i.
Permitted, Discretionary, and Prohibited Uses:
1.
In addition to the provisions of a
site's district
designation
regarding permitted
and
discretionary uses, the following
uses
shall be considered as either
permitted,
discretionary, or
prohibited within the Civic Area as identified in the
DARP Overlay
Map(Figure 2,
Map 2).
Permitted
Discretionary
Prohibited
As per the underlying district
As per the underlying district
Cemetery
Communication Facility
Crematorium
Dwelling, Supportive Housing
Exhibition and Convention
Facilities
Utility Services, Major
Utility Services, Minor
ii.
Development Regulations:
1.
Regulations for development within this area of the DARP Overlay
shall be in accordance with those of a site's underlying district
unless otherwise indicated here. Regulations contained in Section
4.3.3 of the DARP shall be considered in areas where the regulations
of the DARP differ from that of the applicable district.
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Part 3: Land Use Districts & Overlays
Purpose
The Land Use District and Overlay Map (Figure 3, Map 3)
allocates districts to all land within the City and specifies the
district or Overlay provisions applying to particular lands.
12.
Land Use District
and Overlay Map
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12.1
Application
12.1.1
Where a district boundary is shown on Figure 3 and Map 3: Land Use District
and Overlay Map, districts are approximately following:
a.
a road, lane, railway, pipeline, power line, utility right-of-way, or easement at
the centre line, unless otherwise clearly indicated on the Land Use District
and Overlay Map (Figure 3, Map 3);
b.
the City boundary;
c.
a property line, if applicable.
12.1.2
A district boundary should generally follow the features listed above.
12.1.3
In circumstances not covered above, the district boundary shall be determined
by the Development Authority.
12.1.4
When any road or lane is closed, it has the same districting as the abutting
land.
12.1.5
When different districts govern abutting lands, the centre of the road or lane
is the district boundary unless the district boundary is shown clearly following
the edge of the road or lane. If the road or lane is consolidated with an
adjoining parcel, that parcel's district designation applies to affected portions of
the closed road or lane.
12.1.6
Where the application of the above rules does not determine the exact location
of the boundary of a district, Council, either on its own motion or upon written
application being made to it by any person requesting the determination of the
exact location of the boundary, shall fix the portion of the district boundary in
doubt or in dispute in a manner consistent with the provisions of this Bylaw and
with the degree of detail as to measurements and directions as the circumstances
may require.
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Part 3: Land Use Districts & Overlays
Figure 3: Land Use District and Overlay Map
An enlarged version of this map, as well as a detailed look at each area of the City, is included in
Part 9 of this Bylaw as Map 3.
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Part 4:
General Land
Use Provisions
Purpose:
For the purpose of this Bylaw the following Section provides
use specific provisions to facilitate the safe, orderly, and vibrant
development within the City.
Section Contents:
13.
General Land Use Provisions
89
13.1
Accessory Buildings or Structures
89
13.2
Accessory Uses
90
13.3
Additional Dwelling Units (ADU)
91
13.4
Adult Services
91
13.5
Alcohol Sales
92
13.6
Alternative Energy
92
13.7
Amenity Areas
93
13.8
Bare Land Condominiums
93
13.9
Building Design & Character
94
13.10
Campgrounds
95
13.11
Cannabis Establishments
96
13.12
Cannabis Production
& Distribution Facilities
96
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Part 4: Land Use Provisions
13.13
Child Care Facilities
97
13.14
Communication Facilities
97
13.15
Community Gardens
97
13.16
Community Support Centres
98
13.17
Corner & Double Fronting Sites
100
13.18
Day Homes
101
13.19
Decks
101
13.20
Drive Through Services
101
13.21
Easements & Right-of-Ways
102
13.22
Education Services
103
13.23
Excavation, Stripping, Drainage,
Grading, & Retaining Walls
103
13.24
Fencing & Screening
104
13.25
Garbage Enclosures
105
13.26
Home Based Businesses
106
13.27
Landfill Buffer Area
110
13.28
Lighting
110
13.29
Live/Work Units
110
13.30
Mixed Use Buildings
111
13.31
Objects Prohibited in Yards
111
13.32
Outdoor Display Areas
112
13.33
Outdoor Storage
112
13.34
Owner Authorization
112
13.35
Projections into Required Setbacks
112
13.36
Public Parks
113
13.37
Railways
114
13.38
Recreation Services
114
13.39
Relocation & Demolition
114
13.40
Safe Environments
115
13.41
Secondary Suites
116
13.42
Shopping Centres
116
13.43
Short Term Rentals
117
13.44
Show Homes
117
13.45
Surveillance Suites
117
13.46
Temporary Commercial Services
118
13.47
Temporary Development
118
13.48
Underground Tanks
119
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13. General Land Use Provisions
The General Land Use Provisions shall apply to all developments on all sites, and shall take
precedence, except where the provisions of a district or Overlay specifically exclude or modify
these provisions with respect to any use.
13.1
Accessory Buildings or Structures
13.1.1
All accessory buildings or structures shall:
a.
be constructed with similar exterior finish materials that complement those of
the principal building,
b.
have a minimum rear and side yard setback of 0.9 m (3.0 ft) provided that
overhanging eaves are at least 0.6 m (2.0 ft) from any lot line,
c.
be located in a site's rear or side yard, except where the site does not
contain a principal building,
d.
not be attached to the site's principal building by a roof, or other means as
determined by the Development Authority,
e.
not be located on an easement or utility right-of-way in accordance with Figure 4,
f.
not be used as a dwelling, or
g.
not exceed the height of the principal building, or 12.0 m (39.0 ft),
whichever is lower.
13.1.2
Sites that do not contain principal buildings, such as sites containing
community gardens or private outdoor skating rinks, may develop an
accessory building or structure in the front yard of the site provided it
meets the minimum front setback requirement of the underlying district and is
in direct correlation to the use of the site.
13.1.3
While accessory buildings or structures developed in accordance with the
provisions included in Table 1 (Development Not Requiring a Development
Permit) are not required to obtain a Development Permit, there shall be
a maximum allowance of two (2) Development Permit exempt accessory
buildings or structures on a single site. Each additional accessory building
or structure beyond the two (2) building maximum shall be required to obtain a
Development Permit regardless of the size of the development.
13.1.4
Shipping containers/sea cans are only permitted to be stacked in Industrial
Districts and no more than three (3) containers high.
13.1.5
Shipping containers/sea cans in all Commercial Districts shall be limited to
maximum of three (3) per site and be located in the rear or side yard and be
screened from view to the satisfaction of the Development Authority.
13.1.6
Shipping containers/sea cans on sites abutting a Residential District shall
be finished in materials that are characteristic of the principal building on-site.
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Part 4: Land Use Provisions
13.1.7
A shipping container/sea can may be permitted in a Residential District
provided that it:
a.
is finished in materials that are characteristic of a Residential District and
complement the principal building,
b.
is not more than 6.0 m (20.0 ft) in length.
13.1.8
A shipping container/sea can that is not finished with materials that are
characteristic of a Residential District, may be considered provided that:
a.
the shipping container/sea can shall be removed from the site within
ninety (90) days,
b.
the intention of the shipping container/sea can is for temporary storage
of household items from moving, a construction project or other purpose
accepted by the Development Authority, and
c.
the shipping container/sea can is located wholly on private land in the
rear yard or within a driveway, provided it is not taking up required parking
spaces, does not interfere with the sight triangle on a site, or encroach
onto public sidewalks or landscaped areas.
Figure 4: Accessory Buildings
Accessory Building, No Easement
Accessory Building with Easement
13.2
Accessory Uses
13.2.1
Any use listed in this Bylaw, other than adult services involving erotic massage
may be allowed as an accessory use under the following conditions:
a.
All accessory use applications shall be considered discretionary except
where the use is already permitted as a principal use in the same district
for which the application has been submitted. In such cases the accessory
use application shall be processed as a permitted use.
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b.
All accessory uses must meet the provisions associated with said use, as
well as any additional provisions described in this Subsection.
c.
All accessory uses shall be complementary to the principal use of a site.
d.
For accessory uses located within Residential Districts, only uses listed as either
permitted or discretionary within the underlying District shall be considered.
e.
Signs shall not be considered as an accessory use. Signs may only be
approved as a use if they are listed as a sign considered in a district as
detailed in Table 15 (Signs Allowed by District).
f.
Notwithstanding 13.2.1, industrial related accessory uses shall only be
considered within Industrial or Business Transition (BT) Districts.
g.
Notwithstanding 13.2.1, adult services may be considered as an accessory use
only where it is temporary and meets the requirements of Subsection 13.4.
h.
Notwithstanding 13.2.1, a cannabis establishment may be considered as
an accessory use only where it is in conjunction with a drinking or eating
establishment and meets the requirements of Subsection 13.11.
i.
Notwithstanding 13.2.1, a community support centre, major may be
considered as an accessory use only in districts where it is already listed
as either a permitted or discretionary use.
13.3
Additional Dwelling Units (ADU)
13.3.1
An ADU shall only be developed where the principal building on the site is a
single-detached dwelling.
13.3.2
Sites containing a single-detached dwelling shall be limited to one (1) ADU.
13.3.3
A home based business, major shall not be considered or developed within an ADU.
13.3.4
An ADU shall be a minimum of 4.0 m (13.0 ft) from the principal dwelling on the site.
13.3.5
An ADU shall have a minimum rear yard setback of 3.0 m (10.0 ft) if located on a
site with rear lane access. All other ADUs shall meet the setback requirements
for accessory buildings or structures detailed in Subsection 13.1.
13.3.6
An ADU shall not be of a height greater than that of the principal dwelling on
the site and shall be a maximum height of 6.0 m (20.0 ft).
13.3.7
An ADU shall not be assigned a separate municipal address or be eligible for
separate municipal servicing including, but not limited to, a separate water meter
or separate garbage collection.
13.4 Adult Services
13.4.1
Where adult services is the principal use on a site it shall only be considered
on sites where there is minimum radial separation distance of 300 m from all
property line of sites containing the following uses:
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Part 4: Land Use Provisions
a.
child care facilities and day homes operating under an active and valid
business license,
b.
education services where the primary attendees are under eighteen (18)
years of age, and
c.
public parks, not including public trails, pathways, or retention ponds.
13.4.2
Where adult services in the form of erotic dancing is proposed as an accessory
use to an approved business activity, it shall be considered only:
a.
for developments such as a drinking establishment, nightclub where
minors are prohibited at all hours, and
b.
as a temporary development limited to one (1) night only with a minimum
ninety (90) days in between events.
13.4.3
Adult services involving the massaging of the body with a sexual intent shall
only be considered as the principal use of a site.
13.5
Alcohol Sales
13.5.1
Where a retail store's primary intention is the sale of alcohol, the development
shall only be considered on sites where there is a minimum radial separation
distance of 100 m from all property lines of sites containing the following uses:
a.
child care facilities and day homes operating under an active and valid
business licenses,
b.
education services where the primary attendees are under eighteen (18)
years of age, and
c. public parks, not including public trails, pathways, or retention ponds.
13.6
Alternative Energy
13.6.1
Solar Collector (Attached)
a.
Solar collectors (attached) may be located on the roof or wall of a building and
shall not require a Development Permit, as per Subsection 3.2, provided they:
i.
meet the setback and height regulations of the underlying district, and
ii.
do not extend beyond the outermost edge of the roof or wall.
13.6.2
Solar Collector (Freestanding)
a.
Solar collectors (freestanding) shall be considered a discretionary use
in all districts provided they:
i.
are located in the rear yard,
ii.
meet the setback and height requirements of the underlying district, and
iii. are screened from view in Residential Districts to the satisfaction of
the Development Authority.
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13.6.3
Wind Energy Systems
a.
Wind energy systems shall be considered a discretionary use in all
districts provided they:
i.
are located in the rear yard or on a roof,
ii.
meet the setback and height requirements of the district, and
iii. do not create noise uncharacteristic to that of the surrounding area.
13.7
Amenity Areas
13.7.1
Amenity areas may be located in any yard, and shall be required for the
developments indicated in Table 3 (Amenity Area Requirements).
Table 3: Amenity Area Requirements
Development Type
Minimum Required Amenity Area
Dwelling, Apartment,
Dwelling, Multi-unit,
Mixed Use Building
7.5 m2 (24.5 ft2) per dwelling unit
13.8
Bare Land Condominiums
13.8.1
Except for common property lines on attached units, no building on a bare land
condominium unit may encroach on any property line, easement or right-of-way.
13.8.2
A bare land condominium plan shall be treated in all respects as though it were
a plan of subdivision and shall comply with all requirements for a subdivision and all
applicable regulations of its underlying district including, but not limited to:
a.
adequate pedestrian and vehicle access,
b.
provision of supply of water, electrical power, gas and sanitary sewer and
storm drainage, and
c.
sequencing and timing of construction of all buildings and servicing.
13.8.3
A bare land condominium shall be considered a discretionary use in any
district which allows residential uses provided that:
a. the dwelling types proposed for the bare land condominium are listed as
either permitted or discretionary in the underlying district, and
b. the number of proposed dwelling units does not exceed the maximum
density of the underlying district.
13.9 Building Design & Character
13.9.1
Compliance with any neighbourhood specific architectural controls or other
design provisions provided by a developer, home owner's association, condo
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Part 4: Land Use Provisions
board or otherwise not listed within this Bylaw are not the responsibility of the
Development Authority to be informed of or advised upon.
13.9.2
All development:
a.
shall, in the opinion of the Development Authority, be consistent with the
relevant district and compatible with nearby buildings,
b.
unless otherwise stipulated or extended by the Development Authority,
the exterior finish of buildings shall be completed within two (2) years of the
issuance of a permit,
i.
failure to complete the development within this time frame may be
subject to review under Subsection 3.9 - Validity of Development Permits,
c.
shall avoid or mitigate adverse impacts on development located on
abutting sites,
d.
shall use high-quality materials such as brick, brick veneer, natural stone,
cementitious boards or panels, glass, metal accents, or other high-quality, durable
finish acceptable to the Development Authority on building exteriors,
e.
shall incorporate architectural features, such as distinct roof forms, variation
in building material or colour or the articulation of the façade, intended to
minimize the perception of the building's massing on any building with a
façade 30.0 m (98.4 ft) or longer,
f.
stormwater management facilities shall be incorporated into the design of open
spaces, buildings, and paved areas, and shall be reviewed on case-by-case basis,
g.
other than in Transitional (T) Districts, all mechanical equipment, including
roof mechanical units shall be incorporated into the building or screened
according to Subsection 13.24,
h.
other than in Residential Districts, buildings shall be generally located close
to the road to enhance public realm while still meeting required setbacks,
i.
any building on a corner or double fronting lot shall wrap façade treatments
around the building to provide a consistent design facing both roads,
j.
required front yard setbacks in established Residential Districts may
be reduced provided the proposed setback is complementary to that of
surrounding developments,
k.
where any site contains more than one (1) principal building, there shall be
a minimum separation distance between each principal building equal to
double the required side yard setback of the underlying district (required
side yard setback x two (2) = building separation distance), and
l.
shall incorporate home numbers and address plates in a visible location on
the front side of the development.
13.9.3
All apartment, multi-unit dwellings, and mixed use buildings shall:
a.
have minimum ground-floor height of 4.0 m (13 ft) where commercial uses
are provided,
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b.
integrate balconies into the overall design of the building façade,
c.
screen ground-floor private amenity areas according to Subsection 13.24.
13.9.4
Multi-unit dwellings in the form of row housing shall:
a.
have a minimum three (3) attached dwelling units and no more than six
(6) attached dwelling units in a building, unless the units are stacked or
oriented back-to-back, in which case the maximum shall be twelve (12).
13.9.5
All development exceeding four (4) storeys in height and abutting a single-
detached or two-unit dwelling shall:
a.
provide a minimum stepback of 2.0 m (6.5 ft) per storey for each storey
above the fourth (4th) storey to a maximum of 4.0 m (13.0 ft) along the
abutting property line,
b.
not locate outdoor parking, garbage collection, common amenity areas, or
outdoor storage within 3.0 m (10.0 ft) of the abutting property line,
c.
ensure windows or amenity areas are placed in locations minimizing
overlook into the abutting properties.
13.9.6
All industrial development shall:
a.
be designed to increase compatibility with adjacent land uses through building
siting, landscaping, fencing, screening, and site access locations. At minimum,
development shall mitigate noise, dust, sound, and smell impacts when adjacent
to residential and commercial development by considering prevailing winds and
providing mitigation to the satisfaction of the Development Authority.
13.9.7
Lots containing two-unit or multi-unit dwellings that share a party wall may
have their required side yard setback reduced to zero (0) metres. In such cases
only the setback on which a party wall is located may be reduced.
13.10
Campgrounds
13.10.1
All campgrounds shall:
a.
not include year-round recreational vehicle storage,
b.
not include mobile manufactured home dwellings,
c.
be connected to municipal servicing,
d.
locate all utility and telecommunication services below ground,
e.
provide a minimum 10% of the site as common outdoor amenity areas,
f.
provide reasonable and adequate internal pedestrian connectivity to the
satisfaction of the Development Authority.
13.10.2
All camping sites shall:
a.
be a minimum of 15.0 m (49.2 ft) from all lot lines, and
b.
provide buffer/screening around the perimeter of the site to the satisfaction
of the Development Authority.
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Part 4: Land Use Provisions
13.10.3
Internal roads must comply with the standards identified in the City's Municipal
Development Standards (MDS) as amended.
13.10.4
Onsite garbage receptacles shall be provided and screened from the street.
13.10.5
The Development Authority encourages the utilization of existing natural
features including but not limited to berms, trees, etc. to minimize the impacts on
adjacent residential areas.
13.11
Cannabis Establishments
13.11.1
All cannabis related uses shall only be considered on sites where there is a
minimum radial separation distance of 100 metres from the property line of
sites containing the following uses:
a.
child care facilities and day homes operating under an active and valid
business license,
b.
education services where the primary occupants are under eighteen (18)
years of age, and
c. public parks, not including public trails, pathways, or retention ponds.
13.12
Cannabis Production & Distribution Facilities
13.12.1
This use shall only be considered as a principal use, not as an accessory use.
13.12.2
An application for a cannabis production and distribution facility shall include
a copy of the current license for the facility as issued by Health Canada.
13.12.3
An application for a cannabis production and distribution facility may require
the submission of a waste management plan (including the incineration of waste
products), a water/wastewater (including the quantity and characteristics of
discharge material) and stormwater management plan, and a ventilation plan
prepared by a qualified professional.
13.12.4
All cannabis production and distribution facilities shall:
a.
not occur in a building containing a dwelling,
b. only be considered on sites where there is a minimum radial separation
distance of 400 m from all property lines of sites containing the following uses:
i.
any residential development,
ii.
child care facilities and day homes operating under an active and
valid business license,
iii. education services where the primary attendees are under eighteen
(18) years of age, and
iv. public parks, not including public trails, pathways or retention ponds.
c.
be fully enclosed within the building,
d.
not cause, create or emit any emission or condition that may be
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objectionable, dangerous or a nuisance beyond the building that contains
it, including but not limited to the following:
i.
noise,
ii.
odor, or
iii. light sources.
13.13
Child Care Facilities
13.13.1
All child care facilities shall:
a.
be licensed under the applicable Provincial Legislation (see provisions for day
homes for unlicensed facilities),
b.
be consistent with the character, scale and form of the district in which it is located,
c.
provide a fenced outdoor play space to the satisfaction of the Provincial
Governing Body and the Development Authority, and
d.
provide on-site drop off area suitable to accommodate traffic associated with
the use and to limit any impacts on the surrounding neighborhood to the
satisfaction of the Development Authority.
13.14
Communication Facilities
13.14.1
The Federal Government is responsible for regulating communication facilities
in Canada and authorizing the location of such facilities.
13.14.2
The location, review and approval of communication facilities will be completed
in accordance with all applicable legislation, regulations and Bylaws associated to
their approval.
13.14.3
Communication facilities are not permitted in Residential Districts.
13.15
Community Gardens
13.15.1
Community gardens developed in accordance with the provisions included
in Table 1 (Development Not Requiring a Development Permit) shall not
require a Development Permit.
13.15.2
Produce grown within community gardens shall not be commercially sold or distributed.
13.15.3
Buildings developed on sites containing a community garden shall not require
a Development Permit provided the development:
a.
is under 10.0 m2 (108 ft2),
b.
has a maximum wall height of 2.5 m (8.0 ft),
c.
is developed in accordance with Subsection 13.1, and
d.
a Site Plan and building design are submitted and approved by the
Development Authority.
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Part 4: Land Use Provisions
13.15.4
Buildings developed on sites containing a community garden that do not
conform to the provisions listed in 13.15.3 shall:
a.
be considered a discretionary use in all districts and shall be considered
on a case-by-case basis,
b.
require a Development Permit, and
c.
shall meet all setback requirements of the underlying district.
13.15.5
All buildings developed on sites containing a community garden shall:
a.
only be considered where the development serves the site's community
garden in the form of tool storage, additional plant growth, or other purpose
directly correlated to the operation of the community garden, and
b.
require a Site Plan and building design to be submitted to the
Development Authority for approval.
13.15.6
Residential lots containing community gardens may be required to be returned
to the previous state should the community garden be deemed as no longer
serving the needs or the intention of the neighbourhood.
13.15.7
Community gardens located on City owned lots shall:
a.
require a Development Permit,
b.
be considered a permitted use in all districts, and
c.
require landowner authorization in accordance with Subsection 13.34.
13.16
Community Support Centres
13.16.1
All community support centres:
a.
may be required to provide the Development Authority, as part of the
Development Permit Application, with a Safe Environment Assessment
prepared in accordance with Subsection 13.40.3 of this Bylaw including at
least the following:
i.
provision of clear sightlines between public and private spaces, and
ii.
provision of security lighting in strategic locations.
b. may be required to provide the Development Authority, as part of the
Development Permit Application, details regarding the development
including but not limited to the following:
i.
service standards including sanitation and hygiene practices,
ii.
how the applicant will mitigate negative impact on surrounding
developments including but not limited to:
1.
property maintenance including garbage collection,
2.
hazardous waste management,
3.
noise and activity management,
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13.16.2
13.16.3
i.
child care facilities and day homes operating under an active and
valid business license,
ii.
education services where the primary attendees are under eighteen
i.
religious assemblies,
ii.
any Residential District, and
iii. any Neighbourhood Commercial (NC) District.
13.16.4
All warming shelters shall:
a.
only be considered during the months of November, December, January,
February and March,
b. notwithstanding Subsection 5.2.2, require a new Development Permit each
year regardless of the length of time operation is discontinued,
c.
provide in person supervision during all hours the shelter is open, and
d.
provide, to the satisfaction of the Development Authority, details regarding
the development including but not limited to the following:
i.
the shelter's hours of operation,
ii.
the extreme weather conditions under which the shelter will operate,
iii. the maximum number of patrons the shelter will serve at a single time,
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(18) years of age, and
iii.
public parks
not including public trails, pathways or retention ponds.
50 m from:
b.
4.
security measures regarding client and public safety, and
5.
any other item as deemed necessary by the
Development
Authority
based on the nature of the
development,
iii.
summary of services provided,
iv.
overall occupancy capacity,
v.
number of beds,
vi.
proposed hours of operation, and
vii.
a twenty-four-seven (24/7)
on-site
contact.
When required by the
Development Authority, the information described in
13.16.1(b)
shall be disclosed publicly by the
applicant
and shall be provided to the
City
for
information purposes only. Notwithstanding the foregoing, the
Development Authority
may, at its discretion, impose conditions of approval requiring the
development
to
operate in accordance with some or all of the information described in
13.16.1(b).
Sites
containing a
community support centre, major
or a
warming shelter
that requires a
Development Permit
shall only be considered on
sites
where
the following minimum
radial separation distances
are met:
a.
200 m from:
Part 4: Land Use Provisions
iv. how long the shelter will operate for, and
v.
any other information that may required by the Development Authority.
13.16.5
The Development Authority may allow for a warming shelter to be in place beyond
the months detailed in 13.16.4 in extreme circumstances such as extended winter
weather or extreme heat in the summer months. In such cases the applicant shall
provide the Development Authority with reasons necessitating the extension. All
extensions shall be reviewed on a case-by-case basis by the Development Authority.
13.16.6
Warming shelters developed as an accessory use located within an already existing
building shall not require a Development Permit, and shall not be required to
provide any additional parking, provided they are developed in accordance with the
provisions of Table 1 (Development Not Requiring a Development Permit).
13.17
Corner & Double Fronting Sites
13.17.1
Any development on a site abutting more than one (1) road, such as a corner
or double fronting site, shall only have one (1) frontage determined as the
narrowest portion of the lot.
13.17.2
Not withstanding 13.17.1, on corner or double fronting sites the Development
Authority may determine a yard other than the narrowest portion of the lot to
be determined as the front yard. Such determinations shall be made on a case-
by-case basis.
13.17.3
Any development on a corner or double fronting site may include a driveway in
the side yard provided it is a minimum length of 5.5 m (18.0 ft).
13.17.4
Corner or double fronting sites with a corner cut lot line shall be required to
maintain a minimum setback of 4.0 m (13.0 ft) from the corner cut lot line.
Such setbacks shall be measured perpendicularly from the corner cut lot line
to the portion of the building or structure nearest to the corner cut lot line in
accordance with Figure 44 (Setbacks).
Figure 5: Corner & Double Fronting Sites
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13.18
Day Homes
13.18.1
In addition to these provisions, a day home shall be considered a home based
business, major and reviewed based on Subsection 13.26.
13.18.2
Day home are limited to one (1) per dwelling unit.
13.18.3
Dwelling units containing a day home shall not have any other home based
business, major operating or considered.
13.18.4
The day home and all signs shall be consistent with the character, scale and
form of the district in which it is located.
13.18.5
Day homes shall not be considered within an apartment dwelling.
13.19
Decks
13.19.1
All decks, covered or otherwise:
a.
may be attached to the principal building,
b.
shall meet the front, side, rear yard and projection setback requirements
in accordance with its appropriate district and Subsection 13.35,
c.
shall not interfere with a site's sight triangle.
13.20
Drive Through Services
13.20.1
Drive through services shall:
a.
where it is an accessory use, be complementary in nature to the principal
use of the site and shall be integrated into the overall site design in
a manner that does not create a conflict between the movements of
pedestrians and vehicles, or conflict with adjacent land uses,
b.
be designed to not obstruct designated fire lanes or any required parking space,
c.
be hard surfaced in all areas which vehicles have access to,
d.
take appropriate steps to ensure that vehicles enter and leave the site only
at the entrances and exits provided for such purpose,
e.
ensure that outdoor speakers are a minimum of 2.0 m (6.6 ft) from the
property line of any Residential District, and,
f.
ensure that drive aisles are designed so they are not within a required setback area.
13.20.2
The landowner, tenant, operator, or person in charge of a drive through service
shall maintain the site, buildings, structures, and improvements thereon in a
clean, neat, tidy, and attractive condition, free from all rubbish and debris.
13.20.3
The Development Authority may require a Traffic Impact Analysis for any drive
through service.
13.20.4
The Development Authority may require a Noise Impact Assessment for any
drive through service.
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Part 4: Land Use Provisions
13.20.5
All queuing spaces shall:
a.
be a minimum of 6.1 m (20.0 ft) long and 2.75 m (9.0 ft) wide,
b.
be provided solely within the site of the development, and
c.
be provided in accordance with Table 4 (Minimum Number of Queuing
Spaces for Drive Through Services).
13.20.6
Where a drive through service has multiple service windows sharing a single
queuing lane, for example a window for collecting payment and a window for
providing a customer with goods or services, queuing shall be calculated as if
there were only one (1) service window.
Table 4: Minimum Number of Queuing Space for Drive Through Services
Use Type
In-bound
Out-bound
1
Automotive and Equipment
Repair Shop
Two (2) per service bay
One (1) per exit from
drive-though
2
Automotive Service Station
Two (2) per fueling position
One (1) per exit from
drive-though
3
Car Wash
Three (3) per wash bay
(manual or automatic)
One (1) per exit from
drive-though
4
Drinking or Eating Establishment
Six (6) per service window
(pertaining to vehicles
approaching the first service
window only)
One (1) per exit from
drive-though
5
Other Commercial Uses
providing Drive Through Service
Three (3) per service window
One (1) per exit from
drive-though
13.21
Easements and Rights-of-Way
13.21.1
No development, including temporary development such as portable signs
or sheds, shall be allowed on or over any easement or right-of-way without
landowner authorization in accordance with Subsection 13.34.
13.21.2
Notwithstanding 13.21.1, portable signs may be placed on or over an easement
or right-of-way registered in the name of the City provided they conform with all
applicable provisions included in Subsection 16.5.4, including provisions regarding
road rights-of-way where applicable and obtain a Development Permit.
13.21.3
The owner of any development, including temporary development such as
portable signs or sheds placed on or over an easement with or without a
Development Permit, shall be responsible for:
a.
any damage done to the underlying infrastructure beneath or upon an
easement or right-of-way, and
b.
any damage done to the development, lands, adjacent buildings,
or otherwise should the easement or right-of-way need to be accessed
and damages occur.
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13.22
Education Services
13.22.1
Education services where the primary attendees are under eighteen (18) years
of age shall only be considered on sites where the following minimum radial
separation distances are met:
a.
300 m from all property lines of an adult services site,
b.
100 m from all property lines of a cannabis establishment site, a retail
store site where the principal intention is the sale of alcohol,
c. 200 m from all property lines of a community support centre, major
site, or a community support centre, warming shelter that requires a
Development Permit site, and
d.
400 m from all property lines of a cannabis production and distributions
facility site.
13.23
Excavation, Stripping, Drainage, Grading, & Retaining Walls
13.23.1
All excavation, stripping, grading, and drainage shall be provided in accordance
with the City's Municipal Development Standards (MDS), Community
Standards Bylaw and Lot Grading and Drainage Bylaw, as amended.
13.23.2
In all districts, unless required for the preparation of a site for which a
Development Permit has been issued or a Development Agreement is in place,
excavation, stripping, and grading activities shall require a Development Permit.
13.23.3
Site grading shall be completed in accordance with an approved grading plan.
13.23.4
Where a site will feature fill greater than 1.0 m (3.0 ft) above stripped ground,
the Development Authority may require an engineered plan prepared by a
Professional Engineer licensed to practice in the province of the site.
13.23.5
Following construction completion applicants or landowners may be required
to submit a Grading Certificate in accordance with the City's Lot Grading and
Drainage Bylaw, as amended.
13.23.6
Site grades shall be established and maintained to prevent drainage from one
(1) site to another except where drainage conforms to an approved local or
subdivision drainage plan.
13.23.7
The landowner of a site shall ensure that grading is maintained to provide effective
drainage including drainage swales established within an easement or right-of-way.
13.23.8
Retaining walls shall not disrupt existing drainage patterns.
13.23.9
Retaining walls greater than 1.0 m (3.0 ft) in height shall only be considered
provided the applicant submits a design certified by a Professional Engineer.
13.23.10
For any excavation, stripping, or grading activity, as a condition of a
Development Permit, the Development Authority may require security in
accordance with Subsection 1.7 up to the estimated value of the proposed work.
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Part 4: Land Use Provisions
13.24
Fencing & Screening
13.24.1
Fencing and screening shall complement the character and quality of the
principal building and:
a.
shall be constructed of wood, masonry, berms, metal screens, plant material
or other architectural features, and
b.
shall not contain barbed wire, electric, or razor wire, except where it is used
for security purposes only and is placed atop a 3.0 m (10.0 ft) high fence in
an Industrial District.
13.24.2
A fence, wall, gate, or other form of screening on a site shall not interfere with
the sight triangle depicted in Figure 6 (Sight Triangle & Fence Heights) and
shall be a maximum height of:
a.
3.0 m (10.0 ft) in any Industrial District,
b.
2.0 m (6.5 ft) in any Residential, Commercial or Public Service District,
c.
1.0 m (3.0 ft) for portions located in the front yard of any district.
Figure 6: Sight Triangle & Fence Heights
Residential Lot Industrial Lot
13.24.3
Screening shall:
a.
complement the architectural style of the development and be a height,
width, and length sufficient, in the opinion of the Development Authority,
to screen the use from view,
b.
be required along the lot lines of all commercial and industrial sites where
such lines abut a residential lot line or a lane abutting a residential site.
Such screening shall not exceed 2.0 m (6.5 ft) in height,
c.
be required for bulk outdoor storage, and
d.
be provided according to Table 5 (Screening Requirements).
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Table 5: Screening Requirements
Development Type
Minimum Height
Minimum Length and
Width
1
Any trash collection area, open
storage or service area visible from an
adjoining site in a Residential District
2.0 m
(6.5 ft)
Sufficient to block the view
2
Any parking lot or structure visible
from a Residential District
1.2 m
(4.0 ft)
Sufficient to screen the
length of all parking spaces
from view of the Residential
District
3
Along the lot lines of all commercial
and industrial lots where such lines
abut a residential lot line or a lane
abutting a residential lot
2.0 m
(6.5 ft)
Provided to the satisfaction
of the Development
Authority
4
Commercial, industrial, multi-unit
residential, and public service garbage
facilities
Same as height
of container or a
maximum of the
maximum fence
heights of the
underlying district
Sufficient to screen the view
of all containers
5
Bulk outdoor storage, including but
not limited to auto wrecking, lumber
yards, pipe storage or similar use
Provided to the satisfaction of the Development
Authority
6
Mechanical equipment, in all districts
except the Transitional (T)
Provided to the satisfaction of the Development
Authority
13.24.4
A blank banner constructed of canvas or similar material secured to a fence for
the purpose of security features may be considered screening and not require a
Development Permit. The banner shall be properly secured and maintained in good
condition at all times to provide adequate screening and shall be replaced accordingly.
13.24.5
Screening in the form of plant material may be used as an alternative to other
forms of screening where deemed appropriate by the Development Authority.
Plant material screening shall:
a.
be sufficient to provide at least a 2.0 m (6.5 ft) high screen at the time of
plant maturity, and at least 1.2 m (4.0 ft) at the time of planting,
b.
be spaced adequately to ensure plant health and growth,
c.
be maintained and replaced as needed to provide adequate screening,
d.
not impact sightlines and vehicle or pedestrian safety, and shall
e.
not contribute toward a site's planting requirements.
13.25
Garbage Enclosures
13.25.1
All commercial, industrial, multi-unit residential, including apartments,
and public service developments shall provide a garbage facility containing
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Part 4: Land Use Provisions
weatherproof receptacles, except where:
a.
receptacles are located in the rear yard of an industrial site that is
screened or if, in the opinion of the Development Authority, site
conditions do not warrant the need for an enclosure, or
b.
multi-unit residential developments waste collection is serviced by the City.
13.25.2
Garbage, recycling, and other waste containers and areas shall:
a.
be located within the principal building or at the rear of the principal building,
or in other locations deemed suitable by the Development Authority,
b.
be landscaped and screened according to the provisions of this Bylaw, and
c.
shall not be permitted in a front yard of any development, if the containers
are permanent.
13.26
Home Based Businesses
13.26.1
A home based business questionnaire as prepared by the Development
Authority must be completed and submitted in conjunction with the
Development Permit application to be considered for review.
13.26.2
Home based businesses shall:
a.
be incidental and subordinate to the principal dwelling,
b.
be deemed compatible with the character, scale, and form of the district in
which it is located, and
c.
comply with the provisions in Table 6 (Home Based Business Provisions).
13.26.3
Development Permits pertaining to home based businesses, major shall
be processed in accordance with Subsection 4.3 and Subsection 4.4 and shall be
circulated according to Subsection 3.8.
13.26.4
Any change of use, intensity or location of any existing home based business
shall require a new Development Permit application to be submitted.
13.26.5
A maximum of two (2) home based businesses, major or minor may be permitted
within one (1) site containing a single-detached, two-unit, or multi-unit (up
to four (4) units) dwelling provided that both obtain an approved Development
Permit and the provisions for both businesses within this Bylaw are met.
13.26.6
A home based business, major shall not be permitted:
a.
in an apartment dwelling or,
b. within a principal dwelling, secondary suite, or ADU where a combination
of two (2) or more of these uses are located on the same site.
13.26.7
Uses that are prohibited to operate as a home based business include:
a.
adult services,
b.
dating and escort services,
c.
fleet services, where commercial vehicles are stored at or frequent the dwelling,
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d.
automotive, industrial, or recreational vehicle sales, modification, restoration,
repair, servicing, painting, storage or similar services and activities,
e.
industrial uses, including but not limited to, salvaging, recycling, warehousing,
f.
businesses that use or store hazardous, explosive, or flammable materials in
quantities exceeding those found in a normal household,
g.
overnight kenneling,
h.
cannabis related uses, and
i.
any other use that would, in the opinion of the Development Authority, be
considered incompatible in a district which allows residential uses or will materially
interfere with or affect the use, enjoyment or value of neighbouring properties.
Table 6: Home Based Business Provisions
Standard
Home Based
Business, Limited
Home Based
Business, Minor
Home Based Business,
Major
1
Maximum
Area
15% of total floor
area of the dwelling,
including the
basement and garage
25% of total
floor area of the
dwelling, including
the basement
and garage and
accessory buildings
35% of total floor area of
the dwelling, including the
basement and garage and
accessory buildings
2
Impact
No negative impacts or nuisance to the neighbours or neighbourhood, including
but not limited to: noise, dust, odour, smoke, or anything of an offensive or
objectional nature
3
Exterior
Business
Activity
All business activity related to the home
business shall be contained fully within the
primary dwelling
All business activity related
to the home business shall
be contained fully within
the primary dwelling and
accessory buildings on site
Exterior business activity
may be permitted provided
that it does not impact the
neighbours or neighbourhood
and is screened from view
in a form and manner
deemed acceptable by the
Development Authority
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Part 4: Land Use Provisions
Table 6: Home Based Business Provisions
Standard
Home Based
Business, Limited
Home Based
Business, Minor
Home Based Business,
Major
4
Business
Storage
All storage related to the home based business
shall be contained fully within the primary
dwelling, which could include an attached
garage
The usage of an attached garage shall not
interfere with or take away required parking
for the principal dwelling as identified within
this Bylaw
All storage related to the
home business shall be
contained fully within
the primary dwelling and
accessory buildings on site
Exterior business activity
may be permitted provided
that it does not impact the
neighbours or neighbourhood
and is screened from view
in a form and manner
deemed acceptable by the
Development Authority
The usage of a garage on site
for storage shall not interfere
with or take away required
parking for the principal
dwelling as identified within
this Bylaw or parking
requirements below
5
Traffic
Generation
No traffic impacts
The development shall
not generate vehicular
or pedestrian traffic or
increase parking, to the
dwelling in excess of that
which is characteristic of
the neighbourhood within
which it is located
6
Parking
No additional parking
required
One (1) off-street
parking space in
addition to the
required parking
for the dwelling, or
at the discretion of
the Development
Authority
Two (2) or more off-street
parking spaces, in addition
to the required parking for
the dwelling
7
Employees
Residents of the dwelling
One (1) non-resident
employee or volunteer, in
addition to residents of the
dwelling
8
Client Visits
(businesses
other than a
day home)
Client visits at
the residence are
prohibited
One (1)/day
Two to five (2-5)/day and
not more than twenty-five
(25) in a seven (7) day
period
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Table 6: Home Based Business Provisions
Standard
Home Based
Business, Limited
Home Based
Business, Minor
Home Based Business,
Major
9
Client Visits
(Day Home)
Client visits at
the residence are
prohibited
Client visits at
the residence are
prohibited
six (6) or less for day
homes not licensed by
the applicable provincial
agency
Licensed day home visits
are allowed in accordance
with the provincial
standard for the number of
children permitted
10
Delivery
Vehicles
Should not have an unreasonable negative impact on the neighbours and
should not generate traffic uncharacteristic of the neighbourhood
11
Business-
Related
Vehicles
Personal vehicles only
One (1) single rear axle,
commercially licensed
vehicle parked and
maintained on-site
Any trailer associated with
the home based business
shall be parked off-street
and in a location on the lot
where the visual impact to
the street is minimized
12
Hours of
Operation
Not Applicable
At the Discretion of the
Development Authority
13
Sign and
Visibility
No aspect of the home based business may be
visible from outside the dwelling or building.
Signs are not permitted
One (1) non-illuminated
fascia sign, no larger than
0.2 m2 (2.15 ft2) attached
to the dwelling or display
window
14
Exterior/
Interior
Structural
Alterations
Structural alterations additions, or renovations relating to home based
business may be allowed, provided that the proposed work remains consistent
with the residential character of the building and property and they obtain
required permits that comply with the City's Bylaws and the National Building
Codes
15
Equipment
There shall be no mechanical or electrical equipment used which creates
noise beyond the site, interferes with wireless signal, or visible or audible
interference in radio or television representation
16
Business
Announcement
Not Required
A permit approval
card must be
placed in a window
visible from the
street
A permit approval card
must be placed in a
window visible from the
street
17
Development
Permit
Not Required
Required
Required
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Part 4: Land Use Provisions
13.27
Landfill Buffer Area
13.27.1
In areas falling within 457 m of a site containing a current or former landfill as
identified in the Land Use District and Overlay Map (Figure 3, Map 3) the
following uses shall be considered discretionary and reviewed in accordance
with the Saskatchewan Municipal Refuse Management Regulations:
a.
any residential development,
b.
drinking or eating establishment,
c.
drinking establishment, nightclub,
d.
hall, or
e.
hotel.
13.28
Lighting
13.28.1
In all districts, generated outdoor lighting shall:
a.
be designed and installed to be dark sky compliant, unless otherwise
approved by the Development Authority,
b.
project downwards,
c.
not project directly into adjacent parcels, and,
d.
shall not adversely affect adjacent parcels or traffic safety through
unnecessary brightness, spillage, harsh colours, flashing or other factors.
13.29
Live/Work Units
13.29.1
All live/work units shall have internal access between the dwelling and the
work components of the live/work unit.
13.29.2
The dwelling and work components of the live/work unit shall not be legally
separated through a subdivision or condominium conversion.
13.29.3
If located within the Downtown Commercial (DTN) District, the business shall be
located on the ground floor.
13.29.4
Parking shall be provided in accordance with Part 6 of this Bylaw.
13.29.5
Uses Prohibited as part of a live/work units include:
a.
home based business, major or minor,
b.
adult services,
c.
dating and escort services,
d.
fleet services, where commercial vehicles are stored at or frequent the dwelling,
e.
automotive, industrial, or recreational vehicle sales, modification, restoration,
repair, servicing, painting, storage or similar services and activities,
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f.
industrial uses, including but not limited to, salvaging, recycling, warehousing,
g.
businesses that use or store hazardous, explosive, or flammable materials in
quantities exceeding those found in a normal household,
h.
animal breeding or overnight kenneling,
i.
cannabis related uses, and
j.
any other use that would, in the opinion of the Development Authority,
be considered incompatible in a district which allows residential uses
or will materially interfere with or affect the use, enjoyment or value of
neighbouring properties.
13.29.6
Goods, materials, or business-related items shall be stored within the live/work
unit or within an accessory building on site.
13.29.7
Outdoor storage is not allowed unless screened from view in a form and
manner acceptable to the Development Authority.
13.29.8
Business activity shall not occupy more than 60% of the gross floor area (GFA)
of the dwelling unit.
13.30
Mixed Use Buildings
13.30.1
Commercial uses located within the ground floor of a mixed use building shall
require a Development Permit and shall be considered as either permitted or
discretionary based on the provisions of their underlying district.
13.30.2
Commercial and residential uses in mixed use buildings shall not be located on
the same storey.
13.30.3
In mixed use buildings located within Residential Districts, only the following
uses shall be considered:
a.
child care facility,
b.
drinking or eating establishment,
c.
fitness studio,
d.
office,
e.
pet care facility,
f.
recreation services, and
g.
retail store.
13.31
Objects Prohibited in Yards
13.31.1
No person shall be allowed to keep or maintain in any Residential District:
a.
any vehicle, other than a recreational vehicle, weighing over 4,500 kg,
b.
any unlicensed, derelict, or dismantled vehicle located in the front yard,
c.
any vehicle not located on a driveway or within a garage, or
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d.
any object that, in the opinion of the Development Authority, is deemed to
be unsightly or have an adverse impact on the surrounding area.
13.31.2
Recreational vehicles may be stored on a residential lot provided they:
a.
are located entirely on a driveway,
b.
do not interfere with the sight triangle on a site or public walkways,
c.
do not occupy or block access to required parking spaces, and
d.
are not used as a dwelling unit.
13.32
Outdoor Display Areas
13.32.1
All outdoor display areas shall not:
a.
obstruct any pedestrian walkway, drive aisle, or required parking space, or
b.
be placed over any landscaped area.
13.33
Outdoor Storage
13.33.1
All outdoor storage shall:
a.
be located in a rear or side yard,
b.
be screened according to Subsection 13.24 and
c.
shall meet the setback and yard requirements of the underlying district.
13.33.2
Outdoor storage shall only be considered as an accessory use in all districts other
than the MI, HI, and T Districts where it may be considered as a principal use.
13.34
Owner Authorization
13.34.1
Authorization from the landowner shall be:
a.
required for all applications, including for temporary development, where
the applicant is not the landowner, and
b. provided through a completed application form for landowner authorization
as established by the City that:
i.
bears the signature of the landowner or their authorized representative, and
ii.
is dated within thirty (30) days of the date of application.
13.35
Projections into Required Setbacks
13.35.1
Other than the items indicated as allowed projections in Table 7 (Allowed
Projections into Required Setbacks) and Figure 7: Allowed Projections,
and the items listed in Subsection 13.35.3, no portion of a principal building,
or any portion of structure attached to a principal building, shall be allowed
within any required setback.
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13.35.2
Projections shall not interfere with:
a.
any required parking or loading space or drive aisle, or
b.
a site's sight triangle.
13.35.3
The following are not considered as projections:
a.
construction located wholly below grade,
b.
decks, concrete pads, sidewalks, steps, or other similar development that
do not rise more 0.6 m (2.0 ft) above grade.
Table 7: Allowed Projections into Required Setbacks
Development Type
Maximum
Projection
into Front
Yard (m)
Maximum
Projection
into Side
Yard (m)
Maximum
Projection
into Rear
Yard (m)
1
Bay windows, boxed windows, chimneys,
fireplaces, eaves, fire escapes, gutters,
sills
0.6
0.6
0.0
2
Balconies, decks, landings, overhead
weather projections, steps
2.0
0.6
0.0
3
Mechanical equipment including air
conditioning units
0.0
0.6
0.0
Figure 7: Allowed Projections
13.36
Public Parks
13.36.1
Public parks, not including public trails, pathways or retention ponds, shall
only be considered on sites where the following minimum radial separation
distances are met:
a.
300 m from all property lines of an adult services site,
b.
200 m from all property lines of a community support centre, major
site, or a community support centre, warming shelter that requires a
Development Permit site, and
c.
400 m from all property lines of a cannabis production and distributions
facility site.
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13.37
Railways
13.37.1
Applications for development located within 1 km of a railway operation:
a.
may be referred to the appropriate rail operator for review,
b.
may be required to comply with the Guidelines for New Development in
Proximity to Railway Operations,
c.
may be required to provide a noise or vibration study prepared by an
appropriate professional,
d.
may be required to take necessary steps to mitigate adverse impacts based
on the rail operator's review or provided study such as:
i.
fencing or screening,
ii.
berms and increased setbacks in accordance with restrictive covenants
registered on title, or
iii. any other item deemed appropriate by the Development Authority.
13.38
Recreation Services
13.38.1
Recreation services involving livestock shall only be considered where the
livestock involved are horses, ponies, or other equines. All such developments shall:
a.
provide adequate loading and parking areas for the trailering, loading and
offloading of animals. Such loading and parking shall be required in addition
to the parking required in accordance with Part 6 of this Bylaw,
b.
not include the overnight accommodation of any animals,
c.
not have any outdoor component including but not limited to, the riding of
animals outside (beyond what is necessary to transfer the animals from
trailer to facility), feeding or watering animals outdoors, outdoor storage,
or the outdoor stabling or penning of animals,
d.
be limited to no more than nine (9) animals on-site at a single time, and
e.
not involve any livestock other than horses, ponies, or other equines, for riding,
roping, or other similar activity. Developments utilizing livestock other than
the prior mentioned for recreation purposes, including for rodeos or other similar
developments, shall be considered as exhibition and convention facilities.
13.39
Relocation & Demolition
13.39.1
The relocation or demolition of any building or structure greater than 10.0 m2
(108 ft2) shall require a Development Permit.
13.39.2
Relocated buildings or structures shall comply with all of the appropriate
regulations of their district and this Bylaw.
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13.39.3
The Development Authority, as a condition of a permit for demolition or
relocation may require:
a.
all utilities to be disconnected before demolition starts,
b.
adequate screening to the satisfaction of the Development Authority,
c.
provision of pedestrian and traffic safety measures,
d.
provisions for dust control, noise, or other negative impact mitigation,
e.
provision for debris removal and grading of site following completion, or
f.
a deposit in the form of either a certified cheque or an irrevocable letter of
credit equal to 60% of the costs of a proposed demolition to maintain or
repair any public property damaged by a demolition or relocation.
13.39.4
All demolitions shall first ensure that any asbestos-containing materials with the
potential to release fibres have been dealt with per the Alberta or Saskatchewan
Occupational Health and Safety Regulations depending on the location of the site.
13.39.5
Buildings with existing services may be required, as a condition of a
Development Permit, to replace the existing water, sanitary sewer, or other
services in accordance with the City's Municipal Development Standards
(MDS) as amended.
a.
Where services are required to be replaced, the applicant shall notify the
Development Authority upon completion.
b.
If services are required to be replaced, the Development Authority may, as
a condition of a Development Permit, require the applicant to register a
caveat on title stating that the services shall be replaced.
c.
If, in the opinion of the Development Authority, services are not replaced, or
there is no intention of replacement within twelve (12) months of the application,
the City may employ the caveat described in 13.38.5(b) and replace.
d.
Notwithstanding 13.38.5, existing services may be reused at the discretion
of the Development Authority, provided the applicant demonstrates
the services are in accordance with the City's Municipal Development
Standards (MDS) as amended.
13.40
Safe Environments
13.40.1
All developments other than single-detached and two-unit dwellings shall
incorporate elements to promote public safety through the creation of safe
environments. These elements may include, but are not limited to:
a.
provision of clear sightlines between public and private spaces,
b.
provision of security lighting in strategic locations, and
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Part 4: Land Use Provisions
c.
utilization of walkways, signs, and landscaping to clearly identify public
and private spaces.
13.40.2
The Development Authority may require a Safe Environment Assessment as
part of a Development Permit application for any development including adult
services, education services, community support centres or public park as
either a principal or accessory use.
13.40.3
A Safe Environment Assessment shall be prepared by a qualified professional such
as a landscape architect or urban designer, and shall include at least the following:
a.
site overview including building access points, parking areas, pedestrian
circulation and landscaping,
b.
site security details, including lighting, sightlines, potential entrapment
areas, and
c.
any design recommendations to mitigate concerns.
13.40.4
The Development Authority may apply conditions to a Development Permit
based on the recommendations of Safe Environment Assessment.
13.41
Secondary Suites
13.41.1
All dwelling, secondary suites shall not be assigned a separate municipal
address or be eligible for separate municipal servicing including, but not limited
to, a separate water meter or separate garbage collection.
13.41.2
A development may be designated as a dwelling, secondary suite regardless of:
a.
remuneration being collected from the occupant of the secondary suite,
b.
the relationship between the primary residents of the dwelling and the
occupants of the secondary suite, or
c.
the duration of time the secondary suite is being used as a separate
dwelling from the primary residence.
13.41.3
The inclusion of multiple kitchens within a dwelling shall be reviewed on a
case-by-case basis by the Development Authority and may result in the
development being designated as a dwelling, secondary suite if it is
determined that the additional kitchen's primary use will be by anyone other than
the residents of the primary dwelling.
13.42
Shopping Centres
13.42.1
Each commercial unit within a shopping centre shall be required to obtain a
Development Permit.
13.42.2
Only uses listed as either permitted or discretionary within the underlying
district shall be considered within the individual commercial units of a
shopping centre.
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13.43
Short Term Rentals
13.43.1
A dwelling or portion thereof may be used as a short term rental provided that:
a.
adequate parking is provided in accordance with Part 6 of this Bylaw,
b.
the dwelling is allowed within the appropriate district, and
c.
the short term rental is operating under an active and valid business license.
13.43.2
Where the owner of a short term rental is residing at the dwelling, the short
term rental shall be considered a home based business, major and shall
be required to provide one (1) parking space per guest room in addition to the
parking required depending on the dwelling type.
13.43.3
Where the owner of short term rental is not residing at the dwelling, the short
term rental shall not be considered a home based business, and shall not be
required to provide any additional parking beyond what is required of the dwelling.
13.43.4
All short term rentals shall, as a condition of a Notice of Decision made by the
Development Authority, include their valid and active business license number
as part of their rental posting.
13.44
Show Homes
13.44.1
A dwelling may be used as a show home provided that all municipal
infrastructure required for servicing the development is complete and a
Development Permit has been issued for the dwelling. A dwelling, show
home shall not be used for any residential purpose prior to the issuance of an
Occupancy Permit.
13.45
Surveillance Suites
13.45.1
A surveillance suite shall only be allowed as an accessory use to a principal
use or buildings.
13.45.2
Only one (1) surveillance suite shall be allowed per titled parcel.
13.45.3
A recreational vehicle shall not be used as a surveillance suite.
13.45.4
Surveillance suites shall not be used as a principal dwelling.
13.45.5
Where a surveillance suite is not part of the principal building, it shall adhere
with the following:
a.
setbacks shall conform to the district in which the surveillance suite is
located,
b.
shall be located a minimum of 2.0 m (6.5 ft) from any buildings, and
c.
shall not be placed on, under or over a utility easement or right-of way.
13.45.6
A surveillance suite is no longer permitted when the principal use ceases to
operate on the subject site.
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13.46
Temporary Commercial Services
13.46.1
A temporary commercial service, while exempt from requiring a permit, shall:
a.
be designed to be complementary in nature to the other uses on a site and
must be integrated into the overall site design in a manner that does not
create a conflict between the movements of pedestrians and motor vehicles,
or conflict with adjacent land uses,
b.
operate no more than one-hundred-eighty (180) days per calendar year,
this may be calculated as consecutive days or spread over a twelve (12)
month period,
c.
be limited to two (2) temporary commercial services at one time per site,
and
d.
not be located within a residential district, unless on a site containing a
mixed use building.
13.46.2
A seasonal development classified as a temporary commercial service may
include the placement of a temporary building on a site provided that:
a.
the building does not exceed 20.0 m2 (215 ft2) in area, and
b.
the building is removed from the site in its entirety when service is closed
for the season.
13.47
Temporary Development
13.47.1
Any use other than adult services, community support centres, and
cannabis related uses listed in this Bylaw may be allowed as a temporary
development in any district under the following conditions:
a. all temporary development shall meet the provisions associated with the
proposed use, as well as any additional provisions described in this Subsection,
b. all temporary development shall complement the surrounding area,
c. notwithstanding 13.47.1, adult services not involving erotic massage,
may be considered as a temporary accessory use where it meets the
requirements of Subsection 13.4.2.
13.47.2
All applications for temporary development shall be considered
discretionary and shall be reviewed on a case-by-case basis in accordance with
Subsections 4.3 and 4.4, and shall not be considered in accordance with any
previously made decisions.
a. In addition to the provisions of Subsection 4.3 and 4.4 applications for
temporary development shall:
i.
provide adequate justification for why the use should be considered, and
ii. specify the time period for which the temporary development shall be
in place.
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13.47.3
Temporary development shall not be approved for a time period exceeding
one-hundred-eighty (180) consecutive days from the date of permit validity.
13.47.4
Notwithstanding 13.47.3, an applicant may reapply a maximum of one (1) time
for an additional one-hundred-eighty (180) day period provided the applicant
provides justification for the extension to the satisfaction of the Development
Authority.
13.47.5
Following the completion of either a one-hundred-eighty (180), or three-hundred-
sixty (360) day period, a site containing a previously approved temporary
development shall not be considered for another temporary development, of
the same use or otherwise, on the same site for a period of ninety (90) days.
13.48
Underground Tanks
13.48.1
The installation, replacement, or removal of any underground tank shall:
a.
require a Development Permit,
b.
be referred to the City's Fire Services Department,
c.
be registered with the Petroleum Tank Management Association of Alberta
or Saskatchewan Environment and comply with the requirements of the
appropriate Provincial and Federal legislation if the installation or removal
includes a petroleum tank, and
d.
require a reclaiming of the site in accordance with the Alberta Environmental
Protection and Enhancement Act or the Saskatchewan Environmental
Management & Protection Act and lands restored to the satisfaction of the
Development Authority when tanks are removed.
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Part 5:
Landscaping
Provisions
Purpose:
For the purpose of this Bylaw the following Section provides
specific provisions for all landscaping within the City. It
includes the provisions for all development types and is
intended to promote the beautification of Lloydminster through
landscaping.
Section Contents:
14.
Landscaping Provisions
122
14.1
General Landscaping Provisions
122
14.2
Landscaping Plan
123
14.3
Planting Requirements
123
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Part 5: Landscaping Provisions
14. Landscaping Provisions
The provisions of this Section shall apply to new and existing developments as follows:
a.
all new developments shall provide landscaping in accordance with this
Section,
b.
where it is determined that a change to an existing development does
not significantly increase or intensify the use, additional landscaping may
not be required. Such changes shall be considered by the Development
Authority on a case-by-case basis.
14.1
General Landscaping Provisions
14.1.1
Any portion of a site not occupied by buildings shall be landscaped as part of
the development process.
14.1.2
On-site pedestrian circulation, by means of sidewalks or walkways, shall
connect with public sidewalks and walkways.
14.1.3
All landscaped areas shall be designed to facilitate effective surface drainage
consistent with an approved Lot Grading Plan.
14.1.4
All landscape designs shall ensure the safety and maintainability of the site and
its surroundings.
14.1.5
Existing natural landscaping shall be preserved and protected unless removal
is demonstrated to be necessary to efficiently accommodate a proposed
development and may be considered as part of the required landscaping if the
vegetation is deemed appropriate and is properly protected during construction.
14.1.6
All plant material should conform to the standards set forth in the current edition
of the Canadian Nursery Landscape Association's "Canadian Standards for
Nursery Stock". The plant material is recommended to be hardy to Zone 2A, and
the source of the plant material should be grown in Zones 2A, 2B or 3A of the
Canadian Hardiness Map (1981-2010). All the trees at the time of planting shall be
a minimum caliper of 50 mm (2.0 inches) and a minimum height of 1.8 m (6.0 ft).
14.1.7
After construction completion of the approved landscape design, applicants shall
request an inspection by the City.
14.1.8
Landscaping site inspections shall not be conducted while there is snow on the
ground. Requested inspections will be conducted in the spring or when weather
conditions permit.
14.1.9
Landscaping shall be subject to a two (2) year maintenance period beginning at
the completion of the inspection described in 14.1.7 and 14.1.8. If plant material
does not survive the maintenance period, it shall be replaced with the same or
other complementary species at the same size originally provided within one (1)
year of the end of the initial two (2) year period.
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a. Notwithstanding 14.1.9 landscaping of a site is a permanent obligation of a
Development Permit and shall be installed and maintained in accordance
with the approved Landscaping Plan beyond the initial two (2) year
maintenance period.
14.1.10
Landscaping securities described in Subsection 1.7 shall not be released prior to
the completion of inspection regardless of the culmination date of the two (2) year
maintenance period described in 14.1.9.
14.2 Landscaping Plan
14.2.1
Landscaping shall be constructed and maintained in accordance with an
approved Landscaping Plan. Any changes to an accepted plan require approval
by the Development Authority.
14.2.2
A Landscaping Plan shall be prepared and submitted for all development other
than single-detached, two-unit, and multi-unit dwellings containing up to
four (4) units.
14.2.3
A Landscaping Plan for a proposed development must be submitted by an
appropriate professional such as a landscape design technologist, a landscape
architect, or an individual who, in the opinion of the Development Authority,
has adequate proven experience in landscape design, and submitted as part of a
Development Permit application prepared according to Subsection 3.3 and shall
include at least the following:
a.
a north arrow and legend,
b.
the property lines of the site,
c.
location of all buildings, parking areas and vehicular and pedestrian
circulation systems on the site,
d.
all overhead, surface and underground utilities, easements, and rights-of-way,
e.
the existing vegetation that will be retained,
f.
the layout of berms, retaining walls, screening, soft surfaced landscape
areas and hard surfaced landscape areas,
g.
the location, height and materials of all proposed walls, fences, and
screens,
h.
common and botanical names, sizes and quantities of all proposed plant
material and the types of landscaping.
14.3
Planting Requirements
14.3.1
In determining the planting requirements for a commercial or public service
development the following shall apply:
a.
hard surfaced areas of the development shall be included in the
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calculation of the landscaped area and do not negate the requirements for
plant material, and
b.
the required landscaping area shall be calculated by combining the area of
the required front and rear yards (front yard + rear yard as identified in
Figure 47: Interior Site Yard = total required yard).
i.
Developments located on corner lots may meet their required
landscaping by providing the required plantings identified in Table 8
(Planting Requirements) in the street side yard.
Table 8: Planting Requirements
Residential Development
Minimum required landscaping per lot
contained within the front yard
1
Dwelling, Mobile Manufactured Home,
Dwelling, Multi-unit (4 units or less),
Dwelling, Single-detached,
Dwelling, Two-unit
One (1) tree and one (1) shrub, or
equivalent in cost, and, sodding or seeding
within two (2) years of Development Permit
approval
2
Dwelling, Apartment,
Dwelling, Multi-unit (more than 4 units)
One (1) tree for every 45.0 m2 (484 ft2)
of required yard, One (1) shrub for every
25.0 m2 (269 ft2) of required yard, and,
sodding or seeding within two (2) years of
Development Permit approval
Commercial and Public Service Development
Minimum Required Landscaping per lot
3
All Commercial Development
All Public Service Development
One (1) tree for every 45.0 m2 (484
ft2) of required yard, One (1) shrub for
every 25.0 m2 (269 ft2) of required yard,
sodding or seeding within two (2) years of
Development Permit approval
Industrial Development by Lot Size
Minimum Required Landscaping per lot
4
Up to 1.0 acre
Seven (7) trees and ten (10) shrubs
5
1.0 acres - 2.5 acres
Ten (10) trees and fourteen (14) shrubs
6
4.0 acres - 5.0 acres
Twelve (12) trees and twenty-one (21)
shrubs
7
Over 5.0 acres
Eighteen (18) trees and thirty-two (32)
shrubs
Parking Lot or Structure
Minimum Required Landscaping per lot
8
Landscape islands
One (1) tree and two (2) shrubs
2.0 m2 (21.5 ft2)of landscape island per
parking space, contained by a concrete
curb, provided at the beginning and end
of every row of spaces, provided with no
more than twenty-five (25) spaces between
islands
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Part 6:
Parking & Loading
Provisions
Purpose:
For the purpose of this Bylaw the following Section provides
details on parking for all developments. It provides the specific
provisions regarding minimum parking requirements and parking
and loading space dimensions to ensure that each development
has adequate parking to meet the needs of the City.
Section Contents:
15.
Parking and Loading Provisions
126
15.1
General Parking & Loading Provisions
126
15.2
Barrier-Free Parking
126
15.3
Location of Parking Facilities
128
15.4
Parking Space & Drive Aisle Dimensions
129
15.5
Pedestrian Aisles
130
15.6
Parking Requirements
130
15.7
Loading Requirements
133
15.8
Location of Loading Spaces
133
15.9
Loading Space Dimensions
133
15.10
Bicycle Parking
133
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Part 6: Parking & Loading Provisions
15. Parking and Loading Provisions
The provisions of this Section shall apply to new and existing developments as follows:
a.
all new developments shall provide parking and loading in accordance with
this Section,
b.
a change to an existing development where the development is increased
or use is intensified shall provide parking and loading requirements to be met
in accordance with this Bylaw.
15.1
General Parking & Loading Provisions
15.1.1
All development applications, excluding single-detached, two-unit, and
multi-unit dwellings with four (4) or less dwelling units providing off-street
vehicular parking, garage spaces, bicycle parking, or loading spaces, shall
include the following as part of the Site Plan detailed in Subsection 3.3.
a.
site access,
b.
number and dimensions for all parking and loading spaces,
c.
on-site circulation, and
d.
any other information required by the Development Authority.
15.1.2
Hard surfacing of a site is a permanent obligation of a Development Permit
and shall be installed and maintained in accordance with approved Site Plan or
Landscaping Plan.
15.1.3
All parking and loading areas, including driveways for all dwelling units, vehicle
entrances and exits, landscape islands, drop-off areas, on-site and off-site
traffic and pedestrian routes, and any other form of development associated
with vehicular traffic shall:
a.
align with the City's Municipal Development Standards (MDS) where
applicable,
b.
be landscaped in accordance with Part 5 of this Bylaw,
c.
be hard surfaced except where they are accessed by a non-hard surfaced
road or lane, or are located in the rear of an Industrial District, in which
case they may be gravel,
d.
be clear of any obstructions,
e.
clearly delineate each parking space through painting or other means,
f.
provide adequate access to exits from individual parking spaces,
g.
not be used as driveways, except for driveways in residential developments,
h.
provide adequate lighting, in accordance with Subsection 13.28, directed only
upon the parking area,
i.
meet the off-street parking and loading requirements as detailed in Tables
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10 (Off-Street Parking Requirements) and 11 (Off-Street Loading
Requirements),
j.
meet the bicycle parking requirements as detailed in Table 13 (Bicycle
Parking Requirements), and,
k.
align with the minimum dimensions detailed in Table 9 (Parking Space
Dimensions).
15.1.4
Where Tables 10 (Off-Street Parking Requirements), 11 (Off-Street
Loading Requirements) and 13 (Bicycle Parking Requirements) do not
clearly define regulations for a particular development, the Development
Authority shall use a similar use to determine the vehicular parking, bicycle
parking and loading requirements.
15.1.5
Where a Professional Parking Study is provided, the Study shall be completed by
a professional engineer and contain at least the following:
a.
the amount of parking proposed by the development compared to the
amount required, and
b.
discussion rationalizing the proposed parking supply which could include the
following:
i.
data supporting the proposed parking based on demand for a similar site,
ii.
assumptions and rational for non-vehicle transportation access to the
site, and
iii. rational for shared parking with other uses on or near the proposed site.
15.1.6
Vehicles shall not be parked, either permanently or temporarily, on grass in any
district and shall only be parked in an approved parking area.
15.1.7
Tandem parking shall only be permitted where it is located within the driveway
of a residential development.
15.1.8
Other than in Residential Districts, developments shall minimize driveway
access from roads by sharing driveways and laneways where possible.
15.1.9
Below-grade parking structures:
a.
shall be reviewed on a case-by-case basis,
b.
may extend into a required yard, subject to ensuring that there are no
encumbrances registered on title which would prevent or be inconsistent with
such extension, and
c.
shall require a detailed Landscaping Plan, including a cross section.
15.1.10
Landscape islands intended to visually break up, define, screen, and generally
enhance the parking area shall be provided within at-grade parking areas or
structures provided for commercial or mixed use buildings with a capacity of
twenty-five (25) or more vehicles and shall be installed and maintained according
to the landscaping provisions in Part 5 of this Bylaw.
15.1.11
Any parking lot or structure visible from an adjoining Residential District shall
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have plant material screening installed and maintained according to Subsection
13.24 of this Bylaw.
15.1.12
Snow storage within any parking lot or structure shall not interfere with sight
lines or any vehicular or pedestrian access.
15.1.13
Snow storage that impedes a development's required parking spaces may, at
the discretion of the Development Authority, be required to be moved off-site.
15.2
Barrier-Free Parking
15.2.1
The requirements for barrier-free parking and loading spaces, including but
not limited to the number required, design, and placement shall conform to the
requirements of the Barrier-Free Design Guidelines of the Alberta Building Code
as amended and shall be included as part of and not in addition to, the applicable
minimum parking requirement.
15.2.2
Barrier-free parking spaces shall be located as close as possible to a barrier-free
entrance.
15.2.3
Each barrier-free parking space shall be marked with a symbol and a sign
consisting of:
a.
the International Symbol of Access and include the message "Permit
Required",
b.
the symbol shall be white on a blue background and shall have a minimum
dimension of 0.46 m (1.5 ft) by 0.61 m (2.0 ft), and
c.
the sign shall be mounted at a height of at least 1.2 m (4.0 ft) from the
pavement or sidewalk to the bottom of the sign.
15.3
Location of Parking Facilities
15.3.1
Required or additional parking, except in the case of residential developments,
may be provided off-site provided it is not further than 120 m from the site via
the shortest public pedestrian route measured from the nearest point of the off-
site parking area to the nearest point of the site.
15.3.2
Residential developments shall provide the required parking spaces wholly on
the same site as the principal building.
15.3.3
Developments providing off-site parking shall be considered discretionary
and shall identify off-site spaces being used for that development or use using
appropriate signage designed in accordance with Part 7 of this Bylaw.
a.
Where a development provides off-site parking, the Development
Authority may, as a condition of a Development Permit, require the
applicant to register a caveat on title stating that the development shall
continue to provide adequate off-site parking.
15.3.4
All parking areas shall be wholly located within all lot lines of a site.
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15.4
Parking Space & Drive Aisle Dimensions
15.4.1
Each off-street parking space and drive aisle shall conform to the general
provisions of this Section and be built according to the dimensions provided in
Table 9 (Parking Space Dimensions) and shown in Figure 8 (Parking Space
& Drive Aisle Dimensions) and shall:
a.
have a minimum vertical clearance of 2.0 m (6.5 ft), and
b.
shall not provide any spaces shorter than 5.44 m (17.8 ft), other than the
15% described in 15.4.2 below.
15.4.2
Up to 15% of the required parking spaces, excluding parallel spaces, may be of a
length shorter than that required within Table 9 (Parking Space Dimensions)
and Figure 8 (Parking Space & Drive Aisle Dimensions), to a minimum of 4.6
m (15.0 ft).
15.4.3
Up to 100% of the required parking spaces may be a length shorter than that
required under Table 9 (Parking Space Dimensions) and Figure 8 (Parking
Space & Drive Aisle Dimensions), should the applicant justify the reduction,
to the satisfaction of the Development Authority, through the completion of a
Parking Study or similar document prepared by a qualified professional.
15.4.4
Where a parking space is located with access directly off a lane, the required
width of the drive aisle may be reduced to match the width of the lane provided
the parking space is wholly on-site.
15.4.5
Where a parking space is limited by a wall, column, fence, or other form of
screening, the unobstructed width from face to face of the obstruction shall be:
a.
2.75 m (9.0 ft) if the limitation occurs on one (1) side of the space. If, in this
case, a building door opens into the parking space on its long side, the
unobstructed width shall be 3.0 m (10.0 ft),
b.
3.0 m (10.0 ft) if the limitation occurs on both sides of the space. If, in this
case, a building door opens into the parking space on its long side, the
unobstructed width shall be 3.3 m (11.0 ft).
Table 9: Parking Space Dimensions
Parking
Space Angle
(degrees) 'A'
Minimum
Parking Space
Width 'B'
Aisle Width, Including
Access Ramps (doubled
for 2-way aisles) 'C'
Minimum
Parking Space
Depth 'D'
0o (parallel)
2.75 m (9.0 ft)
3.5 m (11.5 ft)
5.5 m (18.0 ft) for end spaces
7.0 m (23.0 ft) for inner spaces
45o
2.75 m (9.0 ft)
4.0 m (13.0 ft)
6.1 m (20.0 ft)
60o
2.75 m (9.0 ft)
5.5 m (18.0 ft)
6.4 m (21.0 ft)
90o
2.75 m (9.0 ft)
3.5 m (11.5 ft)
6.4 m (21.0 ft)
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Part 6: Parking & Loading Provisions
Figure 8: Parking & Drive Aisle Dimensions
15.5
Pedestrian Aisles
15.5.1
All off-street parking in the Business Transition (BT) and Commercial Districts
shall provide pedestrian aisles with a minimum width of 1.5 m (5.0 ft) connecting
parking areas to abutting sidewalks and commercial developments.
15.5.2
On-site pedestrian circulation, by means of sidewalks, walkways, or paths, shall
connect with public sidewalks.
15.6
Parking Requirements
15.6.1
All off-street parking shall be provided in accordance with Table 10 (Off-Street
Parking Requirements).
15.6.2
In addition to the reductions described in Table 10 (Off-Street Parking
Requirements) parking reductions may be considered where they are justified
through the completion of a Professional Parking Study prepared in accordance
with Subsection 15.1.5.
15.6.3
For all approved reductions described in Table 10 (Off-Street Parking
Requirements) the Development Authority may require a Professional Parking
Study to justify the reduction.
15.6.4
Notwithstanding 15.6.1, parking requirements may be reduced in conjunction with
an approved variance application submitted in accordance with Subsection 2.7.
15.6.5
Parking spaces provided for any motor vehicle, regardless of its fuel source, shall
be counted towards meeting a development's parking requirements.
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Table 10: Off-Street Parking Requirements
Use of Building or Site
Minimum Number of Parking Spaces Required
(GFA = Gross Floor Area)
Residential Uses
1
Dwelling, Mobile Manufactured Home,
Dwelling, Single-detached,
Dwelling, Two-unit,
Live/Work Unit
Two (2) parking spaces, including garage spaces, per
dwelling unit
2
Dwelling, Multi-unit
Two (2) parking spaces, including garage spaces, per
dwelling unit, plus
One (1) visitor parking space per five (5) dwelling
units, if less than five (5) units are provided no guest
spaces shall be required
3
Dwelling, Additional Unit (ADU),
Dwelling, Secondary Suite
One (1) parking space per two (2) bedrooms with a
minimum of 1 space, in addition to what is required for
the primary dwelling
4
Dwelling, Apartment
One (1) parking space per dwelling unit containing one
(1) bedroom or less
One and one half (1.5) parking spaces per dwelling
unit containing two (2) bedrooms or more, plus
One (1) visitor parking space per five (5) dwelling
units, if less than five (5) units are provided no guest
spaces shall be required
5
Dwelling, Supportive Housing
Shall meet the requirements of the residential
character of the dwelling unless a Professional Parking
Study is provided to indicate otherwise. For example,
if supportive housing takes the form of an apartment
dwelling, it shall be required to provide parking in
accordance with row four (4) of this Table
6
Mixed Use Building
Residential component in accordance with apartment
dwellings, plus commercial component in accordance with
the appropriate use detailed in this Table
7
Short Term Rentals
One (1) parking space per guest room in addition to
the requirements of the dwelling type where the owner
of the short term rental resides at the dwelling
Provided according to the requirements of the dwelling
type where the owner of the short term rental does
not reside in the dwelling
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Part 6: Parking & Loading Provisions
Table 10: Off-Street Parking Requirements
Use of Building or Site
Minimum Number of Parking Spaces Required
(GFA = Gross Floor Area)
Commercial and Public Service Uses
8
All commercial and public service
uses unless otherwise specified in this
Table
Two and one half (2.5) parking spaces per 100 m2 of
GFA where the total GFA is 2,000 m2 or less
Three and one half (3.5) parking spaces per 100 m2 of
GFA where the total GFA is between 2,000 and 9,000 m2
Four (4.0) parking spaces per 100 m2 of GFA where the
total GFA is greater than 9,000 m2
All developments shall provide a minimum of three (3)
parking spaces regardless of GFA
9
Automotive and Equipment Repair
Shop
Two (2) parking spaces per vehicle bay or one and one
half (1.5) spaces per 100 m2 of GFA if no vehicle bays
are provided
10
Car Wash
One quarter (0.25) parking spaces per vehicle wash
bay with a minimum of two (2) spaces
11
Drinking or Eating Establishment,
Drinking Establishment, Nightclub
One (1) parking space per 12 m2 (129 ft2) of building
GFA
12
Education Services,
Elementary and Middle Schools
Three (3) parking spaces per classroom
13
Health Services
Four (4) parking spaces per 100 m2 of building GFA
14
Hotel
One and three twentieths (1.15) parking spaces per
guest room
15
Education Services, high school
Four (4) parking spaces per 100 m2 of building GFA,
including auditoriums
16
Casino,
Education Services, post secondary,
Entertainment Centre,
Exhibition and Convention Facilities,
Developments located within the
Municipal Airport (MA) District
Professional Parking Study required
Industrial Uses
17
All industrial uses unless otherwise
specified in this Table
One and one half (1.5) parking spaces per 100m2 of
building GFA
18
Storage facility, indoor or outdoor
One and one half (1.5) parking spaces per 100
customer units
Allowed Parking Reductions
19
Commercial Downtown District -
excluding all residential developments
Up to 100% of the required parking based on use may
be reduced
20
Developments with shared customers
and similar hours utilizing shared
parking spaces
Up to 10% of the required parking based on use may
be reduced
21
Up to 20% of the required parking based on use may
be reduced
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Developments with separate hours
utilizing shared parking spaces
15.7
Loading Requirements
15.7.1
Off-street loading spaces shall be provided in accordance with Table 11
(Off-Street Loading Requirements).
Table 11: Off-Street Loading Requirements
Use of Building or Site
Minimum Number of Loading Spaces Required
All uses in Commercial and Industrial Districts
One (1) space for each loading door, with a minimum
of one (1) on-site loading space provided per site
Dwelling, Apartment (twenty (20) or more units)
One (1) on-site loading space
15.8
Location of Loading Spaces
15.8.1
All loading spaces shall:
a.
be located wholly on-site,
b.
provide access such that no backing or turning movements of vehicles
going to or from the site causes interference with traffic on the adjoining or
abutting roads, lanes, sidewalks or boulevards,
c.
be located at the rear or the sides of the principal building,
d.
be screened from view from any abutting sites or roads in accordance
with Subsection 13.24,
e.
not impede the safe and efficient flow of traffic and pedestrian movement,
and shall,
f.
minimize impacts on abutting land uses.
15.9
Loading Space Dimensions
15.9.1
Each off-street loading space shall be built in accordance with Table 12
(Loading Space Dimensions).
Table 12: Loading Space Dimensions
Minimum Area
Minimum Width
Minimum Overhead Clearance
28.0 m2 (301.4 ft2)
3.0 m (10.0 ft)
3.7 m (12.0 ft)
15.10
Bicycle Parking
15.10.1
All bicycle parking shall be provided in accordance with Table 13 (Bicycle
Parking Requirements).
15.10.2
Bicycle parking shall:
a.
be separated from vehicle parking by a physical barrier or a minimum 1.52 m
(5.0 ft) of open space,
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b.
not interfere with pedestrian accessibility (leaving a minimum of 1.8 m (6.0
ft) clear width for accessibility),
c.
be anchored securely to the ground, and
d.
may be allowed on public rights-of-way at the discretion of the Development
Authority if this places bicycle parking at a more publicly observable location.
Table 13: Bicycle Parking Requirements
Dwelling, Apartment,
Dwelling, Multi-unit (over 4 units),
Mixed Use Building
2% of the number of vehicle parking spaces with a
minimum of 5 required
Education Services
10% of the designed student capacity
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Part 7:
Sign Provisions
Purpose:
For the purpose of this Bylaw the following Section provides
specific provisions for signs within the City. These include
which areas of the City specific signs may be erected, size
requirements and the steps for properly permitting signs. These
provisions are intended to provide clear and simple provisions for
all sign types within the City for which all sign development
shall follow.
Section Contents:
16.
Sign Provisions
136
16.1
Development Permits for Signs
136
16.2
Signs not Requiring a Development Permit 136
16.3
Making an Application
138
16.4
General Sign Provisions
139
16.5
Sign Provisions by Type
140
16.6
Sign Control & Maintenance
145
16.7
Sign Illumination
146
16.8
Digital Copy/Electronic Messaging
147
16.9
Sign Enforcement
147
16.10
Sign Definitions
149
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Part 7: Sign Provisions
16. Sign Provisions
16.1
Development Permits for Signs
16.1.1
Except as otherwise stated in this Bylaw, the enlargement, relocation, erection,
construction or alteration of a sign requires a Development Permit.
16.2
Signs not Requiring a Development Permit
16.2.1
A Development Permit is not required for:
a.
routine maintenance of signs including the cleaning, painting, or repair,
b.
replacement of any existing approved sign provided it is on the same base
and the sign height or sign area is not increased,
c.
signs described in Table 14 (Signs not Requiring a Development
Permit), provided that the sign complies with all applicable provisions of this
Bylaw, and does not require a variance.
Table 14: Signs not Requiring a Development Permit
Sign Type
Description/Provisions
1
A-Board Signs
One (1) sign per business per façade on a site provided that does not
exceed 1.0 m² (10.7 ft2) in area per side, not erected for a period
exceeding the operating hours of the business and does not impede
pedestrian or vehicle circulation
2
Awning or
Canopy Signs
A non-illuminated sign that forms part of, or is attached to an existing
approved awning or canopy on a building
A non-illuminated sign that forms part of, or is attached to an existing
approved awning or canopy on a building
Awning or canopy signs shall be wholly contained within the awning or
canopy and shall not extend above or project beyond it
3
Banner Signs
When flush mounted to a building or fence and does not extend above
the eave line on the building or fence where it is attached. If the banner
sign is attached to a fence, the top edge of the sign shall coincide with or
be below the top edge of the fence
The banner sign shall not include digital copy/electronic messaging and
the area shall not exceed 40% of the building façade or fence. Where the
banner sign is attached to a building or structure, such as an archway,
the sign shall have a minimum clearance of 2.44 m (8.0 ft), measured
from the ground to the bottom edge of the sign
Banner signs may only display third party advertising and community
events on fences in parks and playing fields and are only permitted to
remain onsite for a period not exceeding sixty (60) consecutive days,
after which time the banner sign shall be removed and not replaced on
the same site for a minimum of thirty (30) days
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Table 14: Signs not Requiring a Development Permit
Sign Type
Description/Provisions
4
Community Event
Signs
Signs on City owned property, excluding road right-of-way, when the sign
copy is used to advertise community events or non-profit groups
5
Contracting Signs
Temporary signs of contractors relating to construction work in progress
on the land on which the sign is erected, provided that the signs are
wholly situated upon the site of the structure or the land use to which it
refers is limited to a maximum of 1.0 m2 (10.7 ft2) in size; are limited to
one (1) per contractor; and all signs are removed prior to occupancy of
the building
6
Development
Marketing Signs
Temporary sign located within a property, neighbourhood or industrial
park being developed which does not exceed 9.25 m2 (100 ft2) in sign
copy area with height from grade not exceeding 2.44 m (8.0 ft)
7
Directional Signs
Non-illuminated freestanding signs on private land that do not exceed
0.1 m2 (1.0 ft2) in area that are designed to direct vehicle and pedestrian
movement within a site. (ex: curb side pickup, loading areas, no parking
areas)
8
Election Signs
Election candidate sign displayed by or on behalf of a candidate
participating in any Federal, Provincial or Municipal election. Such signs
shall not exceed 1.5 m2 (16.15 ft2) in area and are only allowed to be
displayed for a maximum of twenty-eight (28) days prior to an election,
and must be removed within two (2) days after the election
9
Fence Signs
Sign flush mounted to a fence which does not extend above the fence
where it is attached, provided that it does not contain digital copy/
electronic messaging, and the area of all fence signs does not exceed
40% of fence. Fence signs may display third party advertising and
community events on fences in parks and playing fields
10
Flags
Flags or emblems that do not exceed 2.0 m2 (21.5 ft2) in area with a
height no greater than 12.0 m (39.0 ft) or the maximum height of a
principal building in that district (whichever is less)
11
Government
Signs
A sign erected by or at the direction of the Municipal, Provincial or
Federal Governments to give information to the public, regulate traffic or
safety or identify public buildings
12
Hanging Signs
Each hanging sign, when installed vertically shall be spaced a minimum
2.0 m (6.5 ft) from any other vertically hanging sign. Hanging signs that
are installed horizontally shall be spaced a minimum of 0.15 m (0.5 ft)
from other horizontally installed signs
All hanging signs shall have a minimum 2.44 m (8.0 ft) clearance
measured from the ground to the bottom edge of the sign
Maximum sign area for a hanging sign shall be 1.5 m2 (16.15 ft2)
13
Identification
Signs
Sign attached to a building not exceeding 0.1 m2 (1.0 ft2) in area
which identifies a name or address in a Residential District, or a sign
attached to a building not exceeding 0.5 m2 (5.4 ft2) in area which
identifies a name or address in a non-residential district or a multi-family
development over four (4) units
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Part 7: Sign Provisions
Table 14: Signs not Requiring a Development Permit
Sign Type
Description/Provisions
14
Inflatable Signs
One (1) temporary inflatable sign per commercial or industrial site, located
wholly on private land, provided that the sign is not located on the roof of a
building, and it is tethered or anchored to the ground. Temporary inflatable
signs are only permitted to remain onsite for a period not exceeding fourteen
(14) consecutive days, after which time the inflatable sign shall be removed
and not replaced on the same site for a minimum of thirty (30) days
15
Menu Boards
A maximum of two (2) menu boards per queuing aisle per site for drive-
through services. Menu boards do not have a separation requirement
and may include illumination and digital copy/electronic messaging but
shall follow the regulations pertaining to such within this Bylaw
16
Murals
An artistic design applied to or attached to a building or a wall
17
Neighbourhood
Signs
A neighbourhood sign only if it is described within a signed Development
Agreement
18
Real Estate Signs
A maximum of two (2) non-illuminated real estate signs per site,
which shall not exceed 0.60 m2 (6.5 ft2) in area in Residential Districts
and 2.0 m2 (21.5 ft2) in area for Commercial and Industrial Districts
19
Window Signs
Signs located within a window intended to be viewed from outside the
building, as long as they are not greater than 50% of the window in
which it is placed. Window signs may be illuminated but shall not display
flashing or intermittent light
16.3
Making an Application
16.3.1
Applicants wanting to obtain a Development Permit for a sign shall supply to
the Development Authority the following, in addition to the requirements of
Section 3 and Section 4 of this Bylaw:
a.
a completed application form for a sign as established by the City,
b.
all dimensions of the sign structure including the height and projection of
the sign attached to the building,
c.
details of sign design along with total overall area of the sign itself and the
sign copy area,
d.
details of sign illumination or digital media (if any),
e.
type of construction and finishing,
f.
method of supporting, attaching, or affixing the sign,
g.
Site Plan showing sign location, distances to other signs, property
boundaries and buildings, and
h.
any additional information as deemed necessary by the Development
Authority to evaluate the Development Permit application, including but
not limited to photographs of the proposed and adjacent sites as well as
conceptual rendering of the proposed sign.
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16.4 General Sign Provisions
16.4.1
Sign type must be listed as either a permitted or discretionary use in the
applicable district as indicated in Table 15 (Signs Allowed by District) and
conform to all applicable sign regulations in order to be considered unless listed
otherwise in Table 14 (Signs not Requiring a Development Permit).
16.4.2
Signs shall:
a.
be integrated into the overall site design and be complementary to exterior
finishes of the principal building,
b.
be deemed compatible with the character, scale, and form of the district in
which it is located,
c.
be placed so they do not obstruct or impair vision or hinder or interfere with
pedestrian or vehicular traffic or traffic devices,
d.
not contain or incorporate flashing lights,
e.
not reduce or obstruct parking or loading spaces that are required pursuant
to this Bylaw, and
f.
not contain advertising on or around the base of the structure that is visible
from the street.
16.4.3
Other than portable signs and election signs, no item shall be placed on a City
right-of-way or a public road in accordance with the City's Community Standards
Bylaw as amended.
16.4.4
If trees, shrubbery or other landscaping is removed in order to place a sign, the
removed landscaping shall be replaced with similar landscaping elsewhere on
the site to the satisfaction of the Development Authority.
16.4.5
Except as provided in the home based business, major provisions (Subsection
13.26) the maximum number of temporary signs and permanent signs per
site, excluding signs listed in Subsection 16.2, shall be as follows:
a.
multi-unit dwellings (over eight (8) units): one (1) permanent
freestanding sign per street access,
b.
non-residential developments: one (1) permanent sign for every 30.0 m
(98.0 ft) of frontage or fraction thereof and one (1) portable sign for every
50.0 m (164 ft) of frontage or fraction thereof. Portable signs on a site shall
also be a minimum of 12.2 m (40.0 ft) from existing freestanding signs.
16.4.6
When determining an application for a sign, the Development Authority shall
consider the following, in addition to any other relevant planning considerations:
a.
the nature and design of the proposed sign,
b.
the impacts of the proposed sign on adjacent and surrounding properties and
the community, and
c.
the number and type of existing or proposed signs on the site.
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16.4.7
No signs shall be attached to or placed on a vehicle, trailer, or other similar
implement with the intent of acting as a portable sign for temporary or
permanent purposes. Vehicle wraps and decals are permitted.
16.4.8
Notwithstanding 16.4.7 signs may be placed on a vehicle, trailer or other similar
implement for transportation purposes.
16.5
Sign Provisions by Type
Notwithstanding signs listed as exempt in Table 14 (Signs Not Requiring a Development
Permit), the Development Authority shall review Development Permit application as related
to signs in accordance with Table 15 (Signs Allowed by District).
Table 15: Signs Allowed by District
Sign Type
Land Use Districts
LDR
MDR & HDR
RMH
DTN
CC
NC
GC
RE
BT
MI
HI
CS & PU
MA
T
DC1 & DC2
Billboard
X
X
X
X
D
X
X
D
P
P
P
D
P
D
X
Fascia
X
P
P
P
P
P
P
P
P
P
P
P
P
D
P
Freestanding
P
P
P
P
P
P
P
P
P
P
P
P
P
X
P
Portable
X
D*
X
P
D
D
P
P
P
P
P
D
D
P
P
Projecting
X
X
X
P
P
P
P
P
P
P
P
P
P
X
P
Roof
X
X
X
D
D
D
D
X
D
D
D
X
X
X
X
P = Permitted D = Discretionary X = Not Allowed
* shall only be considered on sites containing a mixed use building.
16.5.1
Billboard Signs
a.
Shall be a minimum of 150 m from any other billboard or freestanding
sign facing the same oncoming traffic where there are multiple lanes of
traffic traveling in a single direction.
b.
Shall be a minimum 100 m from a Residential District.
c.
Shall have a maximum sign area of 30.0 m2 (98.5 ft2) per sign face.
d.
Shall not exceed a maximum height of 10.0 m (32.0 ft) from grade to top
of sign.
e.
Shall not exceed 10.0 m (32.0 ft) in length.
f.
Shall be placed a minimum distance of 3.0 m (10.0 ft) from the property line
and be placed at an angle of either 60 or 90 degrees.
g.
May display third party advertising.
16.5.2
Fascia Signs
a.
Shall be securely attached to a building or other structure, including a fence.
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b.
Shall not extend above the eave line of any building elevation, if the sign is
attached to a building.
c.
May be illuminated but shall not display flashing or intermittent light, if the
sign is attached to the principal building.
d.
Shall not exceed 40% of the building façade.
16.5.3
Freestanding Signs
a.
Shall be at road or sidewalk grade.
b.
Shall be limited to advertising businesses or buildings on site, or in the case
of a neighborhood sign, the neighbourhood within their site/vicinity.
c.
Shall not include third party advertising except where it is for non-profit
agencies or community events.
d.
Height, area, and number of signs shall be determined based on the
district according to Table 16 (Freestanding Sign Provisions). If
the district is not listed, freestanding signs are not a permitted or
discretionary use in that district.
Table 16: Freestanding Sign Provisions
District
Maximum
Height
Maximum
Area
Maximum # of Freestanding Signs per Site
LDR, MDR & RMH
(developments under
eight (8) units)
5.0 m
(16.0 ft)
10.0 m2
(107.0 ft2)
One (1) per road entrance to community
MDR & HDR
(developments over
eight (8) units)
5.0 m
(16.0 ft)
6.0 m2
(64.5 ft2)
One (1) per site
DTN
10.0 m
(32.0 ft)
10.0 m2
(107.0 ft2)
One (1) per site
CC
GC
BT
MI
HI
DC1
DC2
10.0 m
(32.0 ft)
17.0 m2
(183.0 ft2)
One (1) per 30.0 m (98.0 ft) on same site and
minimum 15.0 m (49.0 ft) from a freestanding
sign on an adjacent site
NC
10.0 m
(32.0 ft)
10.0 m2
(107.0 ft2)
One (1) per site
CS
10.0 m
(32.0 ft)
6.0 m2
(64.5 ft2)
One (1) per site
PU
10.0 m
(32.0 ft)
17.0 m2
(183.0 ft2)
One (1) per site
RE
10.0 m
(32.0 ft)
17.0 m2
(183.0 ft2)
One (1) per site
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Table 16: Freestanding Sign Provisions
District
Maximum
Height
Maximum
Area
Maximum # of Freestanding Signs per Site
MA
10.0 m
(32.0 ft)
17.0 m2
(183.0 ft2)
One (1) per site
T
5.0 m
(16.0 ft)
6.0 m2
(64.5 ft2)
One (1) per site
16.5.4
Portable Signs
a.
May receive a permit approved for a period not exceeding the following:
i.
thirty (30) consecutive days,
ii.
three hundred and sixty-five (365) consecutive days, or
iii. five (5) consecutive years.
b.
Height, area, and number of signs shall be determined based on the
district according to Table 15 (Signs Allowed by District). If the district
is not listed, portable signs are not allowed in that district.
c.
Shall:
i.
be wholly located upon the site indicated in the approved application,
ii. be placed directly on the ground,
iii. not be fastened to a foundation, permanent or otherwise, other than
what is necessary for safe securing of the sign,
iv. contact Utility Safety Partners for signs placed on properties in Alberta, or
1st Call for properties in Saskatchewan to locate utility and service locations
prior to placing any stakes or other fastening instrument into the ground,
v.
not be placed on any privately owned easement or right-of-way,
vi. be maintained in good condition, and
vii. have the non-transferable permit approval system issued by the
Development Authority attached in an easily visible location.
d.
Approved for a period of thirty (30) days shall be considered as a permitted
use in every district except where they are designated as 'Not Allowed' in
Table 15 (Signs Allowed by District).
e. Placed on or over an easement or right-of-way registered in the name of the
City, excluding City road rights-of-way, shall:
i.
be considered according to the same provisions as any other portable
sign placed on private property,
ii.
meet all applicable requirements of this Subsection, an
iii. be responsible for any damage resulting from the installation of the
sign or damage that may occur through the necessary accessing of the
easement or right-of-way in accordance with Subsection 13.21.3.
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f.
Placed on a City right-of-way or on City owned property shall obtain landowner
authorization in accordance with Subsection 13.34. Such authorization shall only
be granted by the City Manager or their authorized designate.
g.
Placed on City owned property, excluding rights-of-way, shall be considered
according to the same provisions as portable signs placed on private
property, and shall meet all requirements of this Subsection.
h. Placed on City road rights-of-way shall:
i.
only receive permits approved for a period of thirty (30) consecutive
days,
ii. be removed within twenty-four (24) hours of the expiration of their
approved permit,
iii. not be considered for any extension or immediate renewal prior to the
sign being removed,
iv. be a minimum of 50.0 m (164 ft) or 200 m (656 ft) from any other
portable sign in accordance with the Road Right-of-Way Portable
Sign Approval Map (Map 4),
v. the minimum separation distances described in iv shall apply to portable
signs regardless of the side of the road they are located on,
vi. as a condition of a Development Permit application, require the
applicant to maintain the sign and the immediate surrounding area,
including grass length, and
vii. only be placed in the areas approved in the Road Right-of-Way
Portable Sign Approval Map (Map 4).
Table 17: Portable Sign Provisions
District
Maximum
Height
Maximum
Area
Maximum # of
Portable Signs per
Site - Interior Lot
Maximum # of Portable
Signs per Site - Corner
Lot
MDR & HDR
(Only on sites
containing
a mixed use
building)
NC
DTN
3.0 m
(10.0 ft)
5.0 m2
(54.0 ft2)
(per side)
One (1) portable sign
per site provided
it is a minimum of
12.2 m (40.0 ft) from
existing freestanding
signs
One (1) portable sign
per site provided it is a
minimum of 12.2 m (40.0 ft)
from existing freestanding
signs
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Table 17: Portable Sign Provisions
District
Maximum
Height
Maximum
Area
Maximum # of
Portable Signs per
Site - Interior Lot
Maximum # of Portable
Signs per Site - Corner
Lot
CC
GC
RE
BT
MI
HI
CS
PU
MA
T
DC1
DC2
3.0 m
(10.0 ft)
5.0 m2
(54.0 ft2)
(per side)
One (1) portable sign
per site with a width
50.0 m (164.0 ft) or
less provided that
the portable sign is a
minimum 6.1 m (20.0
ft) from an existing
freestanding sign
Two (2) portable
signs per site are
permitted on sites
greater than 50.0 m
(164.0 ft), provided
that the portable
signs are 30.0 m
(98.0 ft) from each
other and a minimum
of 6.1 m (20.0
ft) from existing
freestanding signs
Two (2) portable signs per
site with a width of 50.0 m
(164.0 ft) or less provided
that there is only one (1)
sign on each frontage
and the portable sign is a
minimum 6.1 m (20.0 ft)
from existing freestanding
signs
Two (2) portable signs per
frontage (4 total) may be
permitted on sites where
each frontage is greater
than 50.0 m (164.0 ft), (2
on each frontage) provided
that the portable signs are
30.0 m (98.0 ft) from each
other and a minimum of 6.1
m (20.0 ft) from existing
freestanding signs
Notwithstanding the above,
a total of three (3) portable
signs may be permitted
where one frontage of a
corner lot is greater than
50.0 m (164.0 ft) and one is
not, provided that the two
(2) portable signs are on
the frontage over 50.0 m
(164.0 ft) and all signs on
site are a minimum of 30.0
m (98.0 ft) from each other
and 6.1 m (20.0 ft) from
existing freestanding signs
16.5.5
Projecting Signs
a.
Shall be spaced a minimum of 2.0 m (6.5 ft) from any other projecting sign.
b.
Shall have a maximum sign area per side of 5.0 m² (54.0 ft2)
c.
Shall not project more than 1.5 m (4.9 ft) above the eave line or the roofline,
measured from the top of the sign.
d.
Shall have a minimum clearance, measured from the ground to the bottom
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edge of the projecting sign, shall be 2.44 m (8.0 ft).
e.
Shall architecturally integrate visible means of support within building upon
which they are located to the satisfaction of the Development Authority.
f.
Shall not project more than 2.0 m (65.0 ft) from the building face.
16.5.6
Roof Signs
a.
Shall only be considered when there is no opportunity for a freestanding or
fascia sign or where a sign would not be visible from the street.
b.
Shall not contain third party advertising.
c.
Shall not contain digital copy or electronic messaging.
d.
Shall only provide illumination in accordance with Subsection 16.7.
e.
Shall not protrude beyond the eaves or parapet of the roof of the building on
which it is located.
f.
Shall be constructed so that it appears as an architectural feature of the
building and no supporting structure shall be visible unless deemed
acceptable to the Development Authority.
g.
Height, area, and number of signs shall be determined based on the district
according to Table 15 (Signs Allowed by District). If the district is not
listed, roof signs are not a permitted or discretionary use in that district.
Table 18: Roof Sign Provisions
District
Sign Height
Sign Area
# of Roof
Signs Per Site
DTN
CC
NC
GC
BT
3.0 m (10.0 ft) or max height in
the district, whichever is lower
8.0 m2
(86.0 ft2)
One (1)
MI
HI
5.0 m (16.5 ft) or max height in
the district, whichever is lower
10.0 m2
(107.6 ft2)
One (1)
16.6
Sign Control & Maintenance
16.5.1
The owner of a sign shall comply with the provisions of this Bylaw and shall not
deviate from the approved plan, unless such deviation is approved, in writing by
the Development Authority.
16.6.2
The owner of a sign shall maintain the sign in a proper state of repair and shall:
a.
ensure that all structural members, guy wires or other methods of support
are properly attached to the sign, building or structure,
b.
ensure that any sign that no longer advertises a genuine business or service
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shall be removed by the landowner or replaced with a blank panel until such
time a new sign or panel is required, portable signs shall not remain in
place unless they contain advertising,
c.
ensure that signs remain in a proper state of repair, meaning no portion of a
sign, its supports, electrical system, anchorage, or landscaping around the
perimeter of the sign becomes unsightly, dilapidated, or unsafe, and
d.
where the Development Authority deems a sign dilapidated, unsafe,
irrelevant, unsightly, defaced, damaged, or destroyed the sign owner must:
i.
immediately repair the sign to its original condition,
ii.
replace it with a new sign that complies with any applicable
Development Permit or the rules of this Bylaw where a Development
Permit is not required, or
iii. remove the sign.
16.6.3
Should the sign owner not comply with the provisions of this Section, the
Development Authority may commence removal and Enforcement measures as
per Subsection 16.9 of this Bylaw.
16.7
Sign Illumination
16.7.1
Illumination of signs shall be considered by the Development Authority
according to the merits of each individual application. The Development Authority
may approve a Development Permit for an illuminated sign provided that:
a.
the sign conforms to all other provisions of this Bylaw,
b.
there is no strobe, animator, revolving beacon or flashing lights that resemble
emergency vehicles,
c.
there are no exposed bulbs or lamps on the exterior surface of the sign,
d.
the source of light is directed in such a manner that it is not visible from a
road, residential related uses, or Residential Districts, and
d.
the maximum lumens produced are consistent with outdoor lighting
guidelines contained in Subsection 13.28.
16.7.2
The Development Authority may require sign lumens be reduced should the
intensity or brightness of the sign create a nuisance for occupants of surrounding
uses and properties or be identified as a traffic hazard for motorists or pedestrians.
16.7.3
When determining an application for an illuminated sign, the Development
Authority shall consider the following, in addition to any other relevant planning
considerations:
a.
the total amount of existing or proposed light on the property,
b.
the lighting provisions detailed in Subsection 13.28,
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c.
the total number of signs proposed on the property,
d.
the number of existing and proposed signs per building, and
e. the number of existing and proposed signs per building face.
16.8
Digital Copy/Electronic Messaging
16.8.1
Unless otherwise stated in this Bylaw, digital copy/electronic messaging shall
only be permitted on freestanding signs and billboard signs which can be
incorporated into any or all of the allowable sign copy area as prescribed by this
Bylaw and shall conform to the following:
a.
copy shall be static and remain in place for a minimum of six (6) seconds
before switching to the next copy,
b.
transitions between each digital copy/electronic messaging shall be
instantaneous and not involve any visible effects, including but not limited to
action, motion, fading in or out, dissolving, blinking, intermittent or flashing
lights, or the illusion of such effects,
c.
illumination of the digital copy/electronic messaging shall be reviewed
against and adhere to Subsection 16.7,
d.
the electrical power supply for digital copy/electronic messaging shall be
provided underground, unless solar powered,
e.
digital copy/electronic messaging on freestanding signs shall not contain
third party advertising unless it is a community event or not for profit,
f.
digital copy/electronic messaging on billboard signs may display third
party advertising,
g.
if any component of the sign fails or malfunctions in any way, the sign owner
shall ensure that the sign is turned off until all components are fixed and
operating as required.
16.9
Sign Enforcement
16.9.1
General Sign Enforcement
a.
Any sign located on any property in the City's control or management without
City approval may be removed and impounded immediately, and without notice,
by the Development Authority at the sole expense of the sign owner.
b.
The Development Authority shall immediately remove or direct the
removal of any sign, at the sole expense of the owner which:
i.
has been placed without a permit,
ii.
have been placed in contravention of an approved Development Permit,
iii. has become unsightly,
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iv. is deemed to be unsafe to the general public or in a state of disrepair
that constitutes a hazard,
v.
obstructs the views of any portion of a traffic control signal, or
vi. in the opinion of the Development Authority has been abandoned.
c.
All associated costs for the removal and or storage of any sign shall be the
responsibility of the sign owner or landowner of the lot/parcel on which the
sign was located.
d.
All signs require landowner approval and may be removed without notice if
it is not obtained.
16.9.2
Portable Sign Enforcement
a.
Enforcement of portable signs will be conducted in accordance with Table
19 (Portable Sign Enforcement).
b.
Portable sign offenses are calculated based on the information documented
by the Development Authority for previous offenses of the person or entity
to whom the permit was issued.
c.
All associated costs for the removal and storage of any sign shall be the
responsibility of the sign owner or landowner of the lot or parcel on which
the sign was located.
Table 19: Portable Sign Enforcement
First offense
The Development Authority shall provide the offending sign owner and landowner
Notice of the Contravention and provide three (3) days for the Contravention to be
rectified
If the Contravention is not rectified in the specified time frame, the Development
Authority may immediately remove or direct the removal of the portable sign in
contravention of this Bylaw without further notice
No extensions will be provided by the Development Authority
Second offense
within one (1)
calendar year of
the first offense
The Development Authority may immediately remove or direct the removal of the
portable sign in contravention of this Bylaw without notice
Third or
subsequent
offense within
one (1) calendar
year of the first
offense
The Development Authority may immediately remove or direct the removal of the
portable sign in contravention of this Bylaw without notice
The Development Authority will issue a fine to the applicant in accordance with
the City's Fees and Charges Bylaw as amended
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16.10
Sign Definitions
A
A-Board Sign
A-shaped sign, which is set upon but not attached to the ground
and has no external supporting structure, no illumination, and
no electronic display.
Figure 9: A-Board Signs
Awning or Canopy Sign
Permanent sign attached to or constructed in or on the face of
an awning or canopy but does not include a hanging sign.
Figure 10: Awning or Canopy Signs
B
Banner Sign
Sign that is attached to a building, fence or other structure that
is made from lightweight, flexible fabric material.
Figure 11: Banner Signs
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Billboard Sign
Sign supported by one (1) or more uprights, braces, or pylons
which stands independently of a building and contains copy
related to a product, service, facility, or business located outside
of the site upon which the sign is located.
Figure 12: Billboard Signs
C
Copy
Any image, message or other representation displayed on a sign.
D
Development Marketing
Sign
Sign for the purpose of promoting neighbourhoods, shopping
centres, or industrial parks under development.
Figure 13: Development Marketing Signs
Digital Copy
Sign copy area that is changed remotely by electronic means.
Figure 14: Digital Copy
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Directional Sign
On-premise sign that gives direction or instruction to pedestrian,
bicycle, and vehicular traffic.
F
Fascia Sign
Sign attached flush to, or marked, painted or inscribed on a
vertical surface of a building, but does not include a billboard
sign or a mural.
Figure 15: Fascia Signs
Fence Sign
Means a sign constructed of material other than a banner, that is
attached to a fence and not used as screening.
Figure 16: Fence Signs
Flag
A piece of cloth or similar material attachable by one (1) edge to a
pole or rope.
Freestanding Sign
On-premise sign that is supported independent of a building and
may display copy for a single tenant or multiple tenants, and may
contain a digital copy/electronic messaging display component.
Figure 17: Freestanding Signs
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G
Government Sign
Sign erected by or at the direction of a Municipal, Provincial or
Federal Government to give information to the public, regulate
traffic or safety or identify public buildings.
H
Hanging Sign
Sign suspended from a structure which may include an awning
or canopy.
Figure 18: Hanging Signs
I
Identification Sign
Sign which contains no advertising, but is limited to the name,
address and number of a building, institution, or the occupation
of the person.
Inflatable Sign
Any inflated three (3) dimensional sign or advertising device
supported by air or gas that is attached to the ground or any
structure.
Figure 19: Inflatable Signs
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M
Mural
Sign that is painted or sculpted onto a building wall and
considered artistic rather than advertising and does not contain
any product advertising.
Figure 20: Murals
N
Neighbourhood Sign
Sign which states the name of a community area.
Figure 21: Neighbourhood Signs
P
Permanent Sign
Any sign that is anchored to a footing extending below grade or
affixed to, or painted on, a building or other structure.
Portable Sign
Standalone temporary sign mounted or painted on a frame,
stand or similar structure that is easily transported and erected
for a limited time. This use does not include decaled vehicles,
urban furniture, recycling or rubbish containers or A-board
signs, but does include magnet signs, painted concrete barriers
and other similar signs.
Figure 22: Portable Signs
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Projecting Sign
Sign which projects from a building or structure.
Figure 23: Projecting
R
Real Estate Sign
Temporary sign advertising real estate that is for sale, lease, or
rent.
Figure 24: Real Estate Signs
Roof Sign
Sign which projects above the top eaves or is erected upon a roof
of a building to which the sign is attached.
Figure 25: Roof Signs
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S
Sign
A device, structure, or fixture intended for advertising or calling
attention to any person, matter, object, business, or event or to
provide direction.
Sign Area
The entire area of a sign, measured to the outer perimeter of the
sign, but does not include the supports.
Sign Copy Area
Portion of a sign in which the advertising content is contained.
Figure 26: Sign Copy Area
Sign Height
Vertical distance measured from the finished ground surface
directly under the sign to the highest point of the sign.
T
Temporary Sign
Sign which is not in a permanently installed or affixed position,
advertising a location, product, event, or activity on a limited time
basis.
Third Party Advertising
Advertising which directs attention to a business, commodity,
service, or entertainment that is conducted, sold, or offered
elsewhere than on the premises on which a sign is located. Signs
of any type advertising community, cultural, athletic, charity, arts
or similar not-for-profit groups or events are not considered third
party advertising. Third party advertising is only permitted
on billboard signs, portable signs, fascia signs, and free
standing signs where the free standing sign is promoting a
community event, or not for profit organization.
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U
Unsightly Sign
Any sign or part thereof, or it's location, which is determined, in
the opinion of the Developed Authority, to be unappealing or in
disrepair. Such determination may be characterized by any visual
evidence of defacement, a lack of maintenance or upkeep, the
accumulation of any rubbish, refuse or other debris on or around
the sign, or by any other similar means that may cause the sign
to become unsightly.
W
Window Sign
Sign that is painted on, attached to, or installed inside a window.
Figure 27: Window Signs
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Part 8:
General
Definitions
Purpose:
For purpose of this Bylaw the following words, terms, and
phrases, wherever they occur in this Bylaw, shall have the
meaning assigned to them as noted in this Section.
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Part 8: General Definitions
Definitions
A
Abutting
Adjacent to, and when used with respect to a lot or site, means
that the lot or site physically touches upon another lot, site, or
parcel of land.
Figure 28: Abutting Sites
Access
The way of approaching or entering a parcel of land.
Accessory Building
or Structure
A structure or detached building, the use of which is incidental,
subordinate, or devoted and located on the same site as the
principal building.
Accessory Use
A use, normally incidental, subordinate, or devoted to and located
on the same lot as the principal use.
Act
The Municipal Government Act, RSA 2000, c.26, as amended.
Adult Services
Development or part thereof in which products or services are
provided which are of an erotic or sexual intent. Developments
may include but are not limited to erotic dancing, erotic massage,
or escort or dating services. This use does not include retail
stores whose primary intent is the selling of sexual or erotic
materials.
Agricultural Oriented Sales
and Services
Development used for the sale or rental of farming equipment
together with maintenance services and the sale of parts.
Agricultural Support
Services
Development providing products or services directly related to the
agricultural industry. This use include such facilities as grain elevators,
feed mills, bulk fertilizer distribution plants, bulk agricultural
chemical distribution plants, bulk fuel plants, and crop spraying.
Aircraft Sales,
Rentals and Storage
Development used for the sale, charter or rental of aircraft and
storage together with incidental maintenance services, and the
sale of parts and accessories.
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Airport
Lloydminster Airport and includes any land used either in whole
or in part for the arrival and departure, and servicing of aircraft,
and any building, installation or equipment used in connection
with the operation of the airport.
Airport Facilities
Use of land, buildings, or structures designed for the arrival
and departure of aircraft, their passengers, and freight. Services
provided may include but are not limited to airport operations and
administration, food and personal services, freight and baggage
handling, vehicle rental, and aircraft maintenance and repair.
Accessory uses may include but are not limited to hangars,
runways, taxiways, tie-down areas, terminals, fueling facilities.
Alternative Energy
Renewable sources of energy including the following:
a.
Solar Collector (Attached) means a non-reflective
accessory structure attached to a building, used to collect
sunlight and convert it into energy,
b.
Solar Collector (Freestanding) means a non-reflective
accessory structure not attached to a building, used to
collect sunlight and convert it into energy,
c.
Wind Energy System means an accessory structure,
used to collect wind and convert it into energy.
Amenity Area
a.
In residential developments, space provided for the active
or passive recreation and enjoyment of the occupants of
the development, which may be for private or communal
use and owned individually or in common, subject to the
provisions of this Bylaw.
b.
In non-residential developments, space provided for the
active or passive recreation and enjoyment of the public,
which shall be owned and maintained by the owners of the
development, subject to the provisions of this Bylaw.
Appellant
Person who has served a Notice of Appeal to the Board.
Applicant
Person who has made an application.
Arterial Road
Road that carries larger volumes of traffic and typically having
relatively few and controlled vehicle access points. These roads
connect with collectors and other arterials, but not with local
streets and do not typically allow on-street parking. Examples in
Lloydminster include College Drive, and the Alberta side of 36 street.
Auctioneering
Establishments
Development specifically intended for the auctioning of goods
and equipment, including temporary storage of such goods and
equipment.
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Automotive and Equipment
Repair Shops
Development used for the painting, servicing or mechanical repair
of vehicles or the sale, installation or servicing of related accessories
and parts. This use includes heavy duty mechanic services.
Automotive and Equipment
Sales or Rentals
Development used for the retail sale or rental of new or used
vehicles, recreational vehicles, construction or farming equipment
and other similar vehicles, together with incidental maintenance
services, sales of parts and accessories.
Automotive Service Station
Development used for the sale of gasoline, other petroleum
products and a limited range of vehicle parts and accessories
or the servicing or washing of vehicles. Automotive service
stations may include a convenience store or restaurant.
B
Balcony
Outside projecting platform with an entrance from an upper floor
of a building intended to be used as amenity space.
Bare Land Condominium
Condominium development where only the land is
condominimized. This is created specifically through subdivision
and registered as a condominium plan in accordance with the
appropriate Provincial legislation governing the particular lands.
Broadcasting and
Television Studio
Development used for the production or broadcasting of audio
and visual programming.
Bulk Fuel Storage
and Distribution
Facility for the storage and distribution of petroleum products and
may include card lock retail sales or mobile fuel distribution.
Building
Anything constructed or placed on, in, over or under land but does
not include a highway, road, or a bridge that forms part of a
highway or road, as defined in the Act, as amended.
Bylaw Enforcement Officer
Person appointed by the City pursuant to The Charter to enforce
City Bylaws, including a regular member of the Royal Canadian
Mounted Police and, when authorized, a Community Peace Officer
appointed under the Peace Officer Act S.A/ 2006, c. P-3.5, as
amended or repealed and replaced from time to time.
C
Campground
Development of land which has been planned and improved for
the seasonal short term use of recreational vehicles or tents and is
not used for year-round storage, or accommodation for permanent
residential use.
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Cannabis
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 and includes edible products that contain cannabis.
Cannabis Establishment
Development used for the retail sales of cannabis that is
licensed by Provincial or Federal legislation. This use does not
include cannabis production and distribution facility, but may
include retail sales of related products.
Cannabis Production and
Distribution Facility
Development where cannabis is cultivated, processed,
packaged, tested, destroyed, stored, or loaded for shipping; where
a license for all activities associated with a cannabis production is
issued by Health Canada.
Carnival
Temporary entertainment activity providing a variety of shows,
games and amusement rides in which the patrons participate.
Casino
Facility that is licensed by required agencies in the applicable
Province for patrons to participate in gaming opportunities as the
principal use. The casino may include an accessory use such
as a drinking or eating establishment.
Cemetery
Development primarily used as landscaped open space for the
entombment of the deceased, and may include, but is not limited
to, the following accessory uses: crematorium, cinerarium,
columbarium, and mausoleums.
Charter
The Lloydminster Charter
Child Care Facility
Development intended to provide care, educational activities
and supervision for groups of seven (7) or more children as
licensed and identified under provincial legislation during the
day or evening, but does not include overnight accommodation.
Shall include daycare centres, out-of-school care centres, drop-
in centres and nursery schools. These developments shall be
approved by the applicable Province and are not allowed as a
home based business.
City
The City of Lloydminster and the area contained within the
corporate boundaries of the City.
Client
Customer; a person or organization that engages the services of a
person or company.
Collector Road
As defined by the City's Street Numbering Bylaw, as amended.
Commercial School
Development used for training and instruction in the operation
of heavy equipment or machinery for the financial gain of the
individual or company owning the school.
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Communication Facility
Industry Canada regulated communication facility, including,
but not limited to, radio, television, cellular telephone and other
applicable transmission towers, and accessory structures.
Community Garden
Area where flowers, vegetables or fruit are cultivated for
consumption and not for distribution or sale.
Community Support
Centre, Major
Development that provides support and assistance for that
whose mental and physical well-being are at risk. This use shall be
sponsored or supervised by a public authority or non-profit agency
and may include accommodation for anyone requiring immediate
shelter. This use may also include the provision of food services,
counselling, group meetings, or day or night shelter for the short
term as determined by the sponsoring agency or authority. This
use does not include permanent residency, long term stays,
supportive, transitional or affordable housing, health care
facilities, residential treatment facilities, or safe consumption space.
Community Support
Centre, Minor
Development where the principal use is to provide social services
aimed at addressing the needs of people whose well-being may be
at risk, on an outpatient basis only. Overnight accommodation is not
permitted at any time. This use is generally sponsored or supervised
by a public authority or non-profit agency and may include the
provision for food services, counselling, group meetings, or day shelter
for the short term. This use does not include short term or permanent
residency, health care facilities or safe consumption space.
Community Support
Centre, Warming Shelter
Temporary development that provides support and assistance
for those whose physical well-being is at risk by extreme
inclement weather such as heavy snowfall, extreme cold, or
extreme heat waves. This use may be open for up to twenty-
four (24) hours in a day and may include the provision of
food services or bathrooms, but does not include permanent
residency, health care facilities, sleeping facilities including
temporary cots, showering facilities or safe consumption space.
Contractor Services
Development used for the provision of services of a construction
nature which require on-site storage space for materials,
construction equipment or vehicles normally associated with the
contractor service may be included.
Council
The Municipal Council of the City of Lloydminster.
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Crematorium
Facility used for the purification and reduction of the deceased
body by heat and the keeping of deceased bodies, other than in
cemeteries. This use does not include funeral services and
shall include equipment designed to control odor and emissions
prior to discharge from the building, thereby limiting any adverse
effects on adjacent parcels.
D
Dark Sky Compliant
Outdoor lighting that meets the International Dark Sky
Associations (IDA) requirements for reducing light pollution.
Fixtures within this category are fully shielded.
Day Home
Use of a dwelling as a home based business, major that
provides regular, ongoing care and supervision for six (6) children or
less, not including the residents of the dwelling, unless otherwise
approved and monitored by the applicable Provincial Agency.
Deck
Unenclosed structure that is above or at grade, intended as an
amenity space and attached to a building deemed to be accessory
to the principal building on the site. This use includes a patio.
Deck, Covered
Structure enclosed by a roof, with direct access to the ground
forming part of the principal building on the site. This use
includes a patio.
Density
Number of dwelling units on a site, expressed as dwelling
units per hectare or dwelling units per lot.
Development
As defined in the Act as amended.
Development Agreement
Agreement between a developer or landowner and the City that
defines the terms and conditions of a development.
Development Authority
Persons appointed by City Council, or a designate, responsible for
carrying out the responsibilities described within Subsection 2.1 of
this Bylaw.
Development Officer
Persons appointed by the City Manager responsible for carrying out
the responsibilities described within Subsection 2.2 of this Bylaw.
Development Permit
Document that is issued under a Land Use Bylaw and authorizes a
development or use.
Discretionary Use
Use that may be allowed in a district only at the discretion of, and
under the conditions specified by the Development Authority.
Distillery, Brewery,
and Winery
Facility where beer, wine, spirits or other alcoholic beverages are
made on-site and sold or distributed. This use may be approved
as an accessory use to a drinking or eating establishment
provided both uses are listed within the district.
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Distribution Centre
Facility used for receiving, warehousing, loading, offloading, re-
packaging, temporary storage or distribution of goods, which shall
not have detrimental impact, pose potential health or safety hazard or
nuisance that will negatively impact the intention or use of the site.
a.
Distribution centres located at the airport may or may not
include direct taxiway access.
District
Defined area of the City as required in the Act and set out in
this Bylaw. Districts are shown on the Land Use District and
Overlay Map (Figure 3, Map 3).
Drinking or Eating
Establishment
Development where the primary purpose of the facility is the
sale of consumable and edible products, which may include the
sale of alcoholic beverages, to the public, for consumption on-site
or off-site. This use may include drive through services or a
cannabis establishment as an accessory use.
Drinking Establishment,
Nightclub
Development where:
a.
the primary purpose of the facility is the sale of alcoholic
beverages to the public, for consumption within the premises,
b.
a license for the sale of liquor, that prohibits minors on the
premises at any time, is issued by the appropriate Provincial
authority,
c.
entertainment is provided to patrons, in the forms of a dance
floor, live music stage, live performances, or recorded music,
in areas greater than 15.0 m2; and
d.
food may be prepared and sold for consumption on the premises.
Drive Through Services
Development or portion of a development that provides service
to patrons who typically remain in a vehicle. This use may be a
principal or accessory use that includes a self-service or manual
car wash, a financial institution, drive through pharmacy, or a
drive-in theatre.
a.
Car Wash - type of drive through service containing facilities
for the washing of motor vehicles for a fee, either by production
line methods employing mechanical devices or by hand.
Dwelling or Dwelling Unit
Complete building or self-contained portion of a building used
by a household, containing sleeping, cooking and sanitary facilities
intended as a permanent residence and having an independent
entrance either directly from the outside of the building or
through a common area inside the building.
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Dwelling, Additional Unit
(ADU)
Self-contained detached dwelling unit which is accessory to
the principal dwelling unit on a residential lot with a single-
detached dwelling. This may be a separate stand-alone building
or attached to or above an accessory building. This use may
include a garage suite or garden suite.
Figure 29: Dwelling, Additional Unit (ADU)
Dwelling, Apartment
Development consisting of multiple dwelling units contained
within a building with shared entrance facilities.
Figure 30: Dwelling, Apartment
Dwelling, Mobile
Manufactured Home
Prefabricated dwelling unit that complies with the latest edition
of the applicable Building Code and meets Canadian Standards
Association standards where applicable. Mobile manufactured
homes do not require a permanent foundation and can be
anchored on a concrete or wood block foundation. This use does
not include recreational vehicles. Mobile manufactured home
dwellings shall not be considered as ADUs.
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Dwelling, Multi-unit
Development consisting of a building containing three (3) or more
dwellings in which the dwellings are arranged in any horizontal
or vertical configuration. Each dwelling shall have separate and
individual access. This use includes row houses and fourplexes.
Figure 31: Dwelling, Multi-unit
Dwelling, Secondary Suite
Self-contained dwelling unit, such as a basement suite or within an
attached garage, that is located within a principal dwelling (either
a single-detached dwelling or a two-unit dwelling), where the
dwelling units are registered under the same land title. Secondary
suites may include shared spaces with the primary dwelling, but
may also be entirely separate from the primary dwelling.
Figure 32: Dwelling, Secondary Suite
Dwelling, Show Home
Development consisting of one future dwelling unit which is
separate from any other dwelling unit or building, meets the
requirements for a residence as specified within the Building Code,
and is temporarily intended to be used for marketing purposes. A
dwelling, show home shall not be occupied for any residential
purpose prior to the issuance of an Occupancy Permit.
Dwelling, Single-detached
Building, which may be built on-site or off-site, using
prefabricated or modular construction, consisting of one
(1) dwelling unit. This use does not include a mobile
manufactured home as defined in this Bylaw.
Figure 33: Dwelling, Single-detached
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Dwelling, Supportive
Housing
Development consisting of the use of a building as a residential
care facility which is recognized, authorized, licensed or certified by
a public authority as a care facility which may provide room, board
or services to meet the specific needs of residents. The facility may
provide for the personal rehabilitation of its residents either through
self-help or professional care, guidance or supervision. Supportive
housing shall only be considered in dwelling types that are listed
as either permitted or discretionary uses within the underlying
district and in all cases the residential character of the dwelling
shall be primary. This use includes senior care facilities, transitional
housing with constant staffing, residential treatment facilities and
group homes but does not include affordable housing, community
support centres, boarding houses or hostels, or other similar
developments.
Dwelling, Two-unit
Development consisting of exactly two (2) dwellings. Each
dwelling shall have separate, individual and direct access to
grade, with no interior access connections, and no common
means of access with other dwellings.
Figure 34: Dwelling, Two-unit
E
Education Services
Development that involves assembly for educational, training, or
instruction purposes, and may include staff or student housing and
administration offices required for the provision of such services on
the same site. This use does not include commercial schools.
Entertainment Centre
Development (or portion thereof) intended for the gathering of
persons for entertainment, culture, celebrations, or educational
purposes. This use includes sporting event venues, concert
venues or theatrical performance and recital venues but does not
include rodeos, or other activities involving livestock. This use
does not include adult services, exhibition and convention
facilities or recreation services, but may include a drinking or
eating establishment as an accessory use.
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Exhibition and
Convention Facilities
Development which provides, but is not limited to, permanent
facilities for indoor or outdoor meetings, seminars, conventions,
carnivals, trade shows, rodeos, or other similar exhibitions
which may include an agricultural component. This use includes
indoor or outdoor rodeo facilities but does not include recreation
services or entertainment centres.
F
Façade
Exterior outward face of a building.
Farming
Development for engaging in the practice of raising field crops
or livestock. This use shall not include intensive agricultural
operations such as feedlots or abattoirs.
Fitness Studio
Development where space, equipment or instruction is provided
for activities related to the physical well-being such as dance,
martial arts, yoga, and other forms of physical exercise and does
not include recreation services.
Fleet Services
Development using a fleet of vehicles for the delivery of people,
goods or services. This use includes, but is not limited to, taxi
services, bus lines, and messenger and courier services, but may
or may not include an office or dispatch component.
Floor Area
Total floor area of every room and passageway contained in a
building, but does not include the floor areas of basements,
attics, walls, sheds, decks or breezeways. Basement and attic
floor areas shall be included only when they contain habitable
rooms or storage.
Floor Area, Gross
Total floor area of a building or structure contained within the
outside surface of the exterior wall, excluding attics, balconies,
boiler rooms, electrical or mechanical rooms, and basement areas
used exclusively for parking or storage.
Funeral Services
Development where the deceased are prepared for burial or
cremation, and the holding of funeral services. This use includes
funeral homes and undertaking establishments but does not
include a crematorium.
G
Garage
Accessory building, or part of a principal building, designed
and used primarily for the storage of motor vehicles and includes
a carport.
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Grade
Ground elevation established for the purpose of regulating
building height. The finished grade shall be the level of the
ground abutting the walls of the building if the ground is level.
If the ground is not level, the finished grade shall be determined
by averaging the elevation of the ground for each corner of the
building, excluding an artificial embankment, as shown in the
following figure.
Figure 35: Grade
Grading Certificate
Certificate issued by the City for the rough and final grade for all
properties that have an approved Lot Grading Plan. A Grading
Certificate submission shall conform to the requirements of the
City's Lot Grading and Drainage Bylaw as amended.
Grain Elevator
Development that receives grain directly for storage, transfer,
or both. This development may include receiving and testing
offices or weighbridges.
Greenhouses and
Plant Nurseries
Development used primarily for the raising, storage and sale of
plants and related accessories.
H
Habitable Room
Any room in a dwelling intended for human occupancy for
living, sleeping, eating or cooking. Bathrooms, toilets, hallways,
storage areas, closets, or utility rooms and similar areas are not
considered habitable spaces.
Hall
Any building which is used for the purpose of a communal activity.
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Hard Surfacing
Provision of durable, dust-free material constructed and
maintained to the satisfaction of the Development Authority.
Typical materials include concrete, asphalt, interlocking pavers, or
similar material.
Hazardous Goods
Any product, substance, or organism which, because of its
quantity, concentration or its physical, chemical, or infectious
characteristics, either individually or in combination with other
substances is an existing or potential threat to the physical
environment, to human health or to other living organisms.
Health Services
Development used for the provision of physical and psychological
health services on an in-patient or out-patient basis. Services
may be of a preventive, diagnostic, treatment, therapeutic,
rehabilitative, or counseling nature provided by a person duly
licensed or registered under Alberta or Saskatchewan law. This
use includes a hospital or extended care facilities but does not
include offices for private medical practitioners.
Height
Vertical distance between the finished grade and the highest point
of a building. This definition does not apply to development
within the Airport Protection Overlay.
a.
The following are not included when measuring building
height: a ventilating fan, mechanical housing, elevator shaft/
stairwell, skylight, steeple, chimney, smokestack, firewall,
parapet wall, flagpole, or any other accessory construction on
the roof of the building that is not structurally essential.
b.
Notwithstanding the above, the following are included when
measuring building height: solar collectors, signs,
telecommunication towers, and wind energy systems.
Figure 36: Height
Highway
Highway 16 or Highway 17 within City boundaries.
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Home Based Business
Secondary use of a portion of a dwelling to conduct a business
or occupation. This use includes:
a.
Home Based Business, Limited which allows for a home
office by a full-time occupant of the dwelling.
b.
Home Based Business, Minor which allows for the
operation of a business by a full-time occupant of the
dwelling, which includes a limited number of business-
associated visits to the residence.
c.
Home Based Business, Major which allows for the
operation of a business by a full-time occupant of the
dwelling, which includes a limited number of business-
associated visits to the residence, up to one (1) additional
non-resident employee, and limited use of a rear yard or
accessory building.
Hotel
Development including a motel used for the provision of rooms
or suites for temporary sleeping accommodation. Hotels
may include accessory retail stores, drinking or eating
establishments, personal service shops, and cleaning,
concierge, meeting rooms, or other guest services.
I
Illumination
Lighting by artificial means.
Industrial Uses, General
Development used principally for, but not limited to, one (1) or
more of the following activities:
a.
processing of raw materials,
b.
manufacturing or assembling of semi-finished or finished
goods, products or equipment,
c.
cleaning, servicing, repairing or testing of materials, goods
and equipment normally associated with industrial or
commercial businesses,
d.
storage or transshipping of materials, goods and equipment, or
e.
distribution and sale of materials, goods and equipment to
institutions or industrial and commercial businesses.
Any indoor display, office, technical or administrative support
areas or any retail sale operations shall be accessory to the
general industrial use.
Intermunicipal
Development Plan (IDP)
City of Lloydminster Intermunicipal Development Plan as
amended.
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K
Kennels
Development used for the accommodation or breeding of
household pets and uses associated with the shelter and care of
household pets, such as grooming, training, and exercising.
L
Landowner
Person, corporation, or otherwise who is documented on the
Provincial Registry Title or the City's tax roll as the owner of a
property.
Landscaping
Modification and enhancement of a site through the use of any or
all of the following elements:
a.
soft landscaping consisting of vegetation and xeriscaping
such as trees, shrubs, hedges, grass, and ground cover, and
b.
hard landscaping consisting of non-vegetative elements
such as fencing, architectural screening elements,
decorative hard-surfacing or features of wood, concrete,
stone, brick, steel, or other durable, long-lasting materials.
Landscaping, Xeriscaping
Landscaping using native plants, soil grading, and mulching that
takes full advantage of rainfall retention and reduces or eliminates
the need for supplemental water from irrigation.
Land Use District and
Overlay Map
Map delineating the boundaries of the districts as set out in this
Bylaw and marked by the Land Use District and Overlay Map
(Figure 3, Map 3) in Section 12 of this Bylaw.
Lane
Public roadway that is primarily intended to give access to the
rear of buildings or lots.
Legal Non-Conforming
A use which does not conform to the requirements of this Bylaw,
but legally existed under a previous Bylaw and is allowed to
continue. Such uses are subject to the provisions of the Act
regarding these uses.
Livestock
Cattle, horses, sheep, pigs, goats, chickens or other animals
commonly kept on a farm for agricultural purposes.
Live/Work Unit
Unit that contains one (1) dwelling, in addition to dedicated floor
space for the purpose of conducting work. The work component
may or may not be separate and distinct from the dwelling.
Lloydminster
Land Use Bylaw
Land Use Bylaw, as used in the Municipal Government Act, RSA
2000, c.26, as amended.
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Loading Space
Open area used to provide access for vehicles to a loading door,
platform, or bay.
Lot
A tract or parcel of land owned by a landowner.
Lot, Corner
Lot located at the intersection or junction of two (2) or more
roads.
Figure 37: Lot, Corner
Lot Coverage
Combined area of all buildings and structures on a lot,
measured at the greatest horizontal area of a building above
grade within the outside surface of exterior walls and determined
as a percentage of the entire lot area.
Figure 38: Lot Coverage
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Lot Frontage
Width of a lot or a site where it is abutting a road excluding a
lane.
Figure 39: Lot Frontage
Lot, Interior
Any lot other than a corner lot.
Figure 40: Lot, Interior
Lot Depth
Length of a line joining the mid points of the front lot line and the
rear lot line as shown in Figure 42.
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Lot Line
Legally defined limits of any lot.
Lot Line, Corner Cut
Lot line on a corner or double fronting lot that is connected
from a street side lot line and a front or rear lot line abutting a
road. Lots containing a corner cut lot lines shall be required to
maintain a minimum setback of 4.0 m (13.0 ft) from the corner
cut lot line. Such setbacks shall be measured perpendicularly
from the corner cut lot line to the portion of the building or
structure nearest to the corner cut lot line in accordance with
Figure 44 (Setbacks).
Figure 41: Lot Lines
Lot Width
Shortest horizontal distance between the side lot line, or, in the
case of corner lots, the shortest distance between the side lot
line and the flanking side lot line. For irregular or pie shaped
lots the width shall be measured at 6.0 m (19.5 ft) back from the
center of the front property line.
Figure 42: Lot Width & Depth
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M
Manufacturing
Establishment
Small-scale facility used for the manufacturing, fabrication,
assembly, distribution of products or any industrial activities
primarily within a building that does not produce noise, heat,
glare, dust, smoke, fumes, odours, vibrations, or other external
impacts. Outdoor storage shall not be included as part of
the use. Typical developments may include: small scale
manufacturing, artisan workshops, commercial kitchens, or small-
scale electronics manufacturing or assembly.
Manufactured Home
Community
As defined as per the Act as amended.
Market
Development used for the sale of new or used goods by
multiple vendors in an enclosed building or outdoor space. Such
operations are usually conducted on weekends and holidays.
Mixed Use Building
Multi-storey building with commercial uses on the lower
storeys and dwelling units above.
Municipal Development
Standards (MDS)
Most current provisions issued by the City which provide
information regarding standards governing the subdivision design,
servicing standards, and the construction process.
Municipal Development
Plan (MDP)
City of Lloydminster's Municipal Development Plan, as amended.
N
Non-Habitable Room
Space in a dwelling providing a service function and not intended
primarily for human occupancy.
Nuisance
Anything that in the opinion of the Development Authority
interferes with the use or enjoyment of property, endangers
personal health or safety, or is offensive to the senses.
O
Office
Development primarily used for the provision of professional
services. Typical uses include, but are not limited to, financial
institutions, lawyers, accountants, municipal, provincial or federal
government services, engineers, architects, private medical
practitioners, and dispatch services where no fleet vehicles are
stored on-site.
Official Community Plan
(OCP)
City of Lloydminster Official Community Plan, as amended.
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Off-site
Location other than the site which is the subject of a
development.
On-site
Location on the site which is the subject of a development.
Outdoor Storage
Outdoor development used for the storage of equipment, goods,
materials, motor vehicles, recreation vehicles, or products. This
use does not include a building.
P
Parking Lot or Structure
Area of a lot, structure, or any other area, the primary purpose
of which is to provide off-street parking.
Party Wall
Wall or dividing partition between two (2) abutting dwelling units
erected at, or upon, a property line such that each dwelling unit is
capable of being a separate, legal lot subdivided under the Act.
Figure 43: Party Wall
Pawn Shop
Development where:
a.
money is lent in conjunction with the exchange of
merchandise,
b.
merchandise may be sold to the public according to the
agreement with the owner of the merchandise.
Permitted Use
Uses which are allowed in a district, provided that the use
conforms to the provisions of this Bylaw.
Personal Service Shop
Development used for the provision of personal services to an
individual, which are related to the care and appearance of the
body, or the cleaning and repair of personal effects. This use does
not include health services, office, or adult services.
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Pet Care Facility
Development where household pets such as dogs or cats are
washed, groomed, trained, or boarded during the day. This use
includes training facilities such as dog agility training or other
similar developments and may include the incidental sale of
products relating to services provided to the development.
This use does not include kennels but may include an outdoor
amenity area for the purpose of exercising the animals.
Principal Building
Building that is, in the opinion of the Development Authority,
where the site's principal use is intended to occur.
Principal Use
Main purpose for which, in the opinion of the Development
Authority, a building or site is used.
Private Outdoor Skating
Rink
Artificially created outdoor ice surface intended for personal use
on private property. Private outdoor skating rinks do not
include large scale arenas.
Private Swimming Pool
Artificially created water-filled basin lined with concrete, fiberglass,
vinyl, metal or similar material, intended for swimming, diving,
wading or other similar activity, which is at least 0.6 m (2.0 ft) in
depth, and includes pools situated above grade and hot tubs.
Protective and
Emergency Services
Development which is required for the public protection of persons
and property and includes the storage of emergency equipment and
vehicles. This use may include ambulance or police stations, and
fire halls, and may contain living quarters and offices.
Public Library or
Cultural Exhibit
Development for the collection of literary, artistic, musical and
similar reference materials in the form of books, manuscripts,
recordings or films for public use; or a development for the
collection, preservation and public exhibition of works or objects of
historical, scientific or artistic value.
Public Park
Development of public land specifically designed or reserved for
the general public for active or passive recreational use.
R
Radial Separation Distance
The distance established by a radial measurement from the
property line of the site to the radial separation extent boundary.
Recreation Services
Development providing facilities for sports or active or passive recreation
where patrons are predominantly participants. This use includes
skating rinks, sports fields, indoor horse riding arenas, establishments for
playing table or electronic games, or other similar amusement activities.
This use does not include casinos, carnivals, entertainment centres,
rodeos, or exhibition and convention facilities, but may include
a drinking or eating establishment as an accessory use.
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Recycling Depot
Development for collecting, sorting, and temporarily storing
recyclable materials, such as bottles, cans, paper, boxes, and
small household goods. This use class includes:
a.
Recycling Depot, Major - Development where municipally
operated spaces are used for the collection and temporary
storage of recyclable materials within movable waste
containers. Recyclable materials include, but are not limited
to, cardboard, metal, plastics, paper, and similar household
items. Recyclable materials left at a recycling depot, major
are periodically removed and taken to larger, permanent
recycling facilities for final recycling.
b.
Recycling Depot, Minor - Building or site used for the
buying and temporary storage of bottles, cans, newspapers,
metals and household goods for reuse. This use includes
bottle depots.
Religious Assembly
Development used for worship, philanthropic or social activities
and includes, but is not limited to, accessory rectories, manses,
meeting rooms, and classrooms on the same site.
Resource Extraction
Development for the on-site removal, extraction, and primary
processing of raw materials found on or under the site.
Retail Store
Development used for the retail sale of goods and services from
within an enclosed building. This development includes grocery,
hardware and home improvement stores, the sale of second-hand
goods, and convenience stores, and may include a warehouse
component. Outdoor displays are permitted, however, if outdoor
storage is required, it shall be screened from public view. This
use does not include pawn shops, automotive and equipment
sales or rentals or cannabis establishment.
Road
Land shown as a road on a plan of survey that has been filed
or registered in a Land Titles Office, or used as a public road.
This use may include any structure incidental to a public road
including the median, boulevard, or ditch.
S
Screening
Total or partial concealment of a structure, yard, or activity by a
solid fence, wall, berm, architectural feature, or landscaping.
Separation Distance
Distance as measured from the edge of one (1) development or
property line to another.
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Service Window
Window through which a customer receives goods or services from
a drive through service.
Setback
Distance between a building or structure and a lot line. A
setback is not a yard or amenity area.
Figure 44: Setbacks
Shed
Single-storey portable structure, freestanding and not attached
to a larger structure, measured 10.0 m2 (108 ft2) and with a
maximum wall height of 2.4 m (8.0 ft). Structures larger than
sheds are classified as accessory buildings.
Shipping Container/Sea
Can
Metal freight container that is used for the storage of materials
and equipment that is considered to be an accessory building or
structure. Shipping containers/sea cans do not include semi-
trailer units.
Shopping Centre
Group of commercial establishments, planned, developed, owned
and managed as a unit, with off-street parking provided on the
property and related in size and type of shops to the trade area
that it serves. This is intended for the overall development and
may not include each use contained within the complex.
Short Term Rental
Dwelling which may or may not be occupied by the owner and
used to provide accommodation to travelers for commercial
purposes. Parking must be provided on-site.
Site
Lot, area of land, parcel or one (1) or more abutting lots
developed or intended to be developed as one (1) unit.
Sign
For a complete list of sign definitions refer to Subsection 16.10 of
this Bylaw.
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Sight Triangle
Corner on a site where two (2) public roads intersect which is
part of a site boundary and identified as follows:
a.
straight line drawn between two (2) points on the exterior
boundaries of a site measured 3.0 m (10.0 ft) from the
corner where they intersect at a lane, or
b.
straight line drawn between two (2) points on the exterior
boundaries of a site measured 8.0 m (26.0 ft) from the
corner where they intersect at a road.
Figure 45: Sight Triangle
Stepback
Horizontal distance a building façade is stepped back or
recessed, on a horizontal plane, from the building façade
immediately below it.
Figure 46: Stepbacks
Storey
Portion of any building which is situated between the top of any
floor and the top of the floor next above it.
Storey, Half
Living space contained under a peaked roof.
Structure
Any building, accessory or otherwise.
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Structural Alteration
Any change to the roof, foundation, supporting walls or exterior
walls of a structure that results in the expansion of the structure.
Subdivision and
Development Appeal
Board (the Board)
The group of individuals appointed by Council responsible for
appeals regarding various issues as determined by the Act. The
nature of these appeals may include Development Permit or
subdivision application decisions made by the Development
Authority. The Board is not responsible for subdivision appeals
located in Saskatchewan.
Subdivision Authority
A person or committee appointed by Council to exercise
subdivision powers and duties on behalf of the municipality.
Surveillance Suite
Dwelling unit whose function is to provide surveillance, maintenance
or security for a development. The suite shall form part of the
development and clearly be an accessory use of the site.
T
Temporary
Means only lasting for a limited period of time.
Temporary Commercial
Services
Temporary or seasonal development which operates no more
than one hundred eighty (180) total days per calendar year. This
may be calculated as consecutive days or spread over a twelve
(12) month period. A temporary commercial service is used for
the retail sale of goods, services, food or beverage to the public.
This use may include but is not limited to fruit and vegetable
stands, farmers markets, tree lots, pop up retail stores or
windshield chip repair tents.
U
Use
The purpose or activity for which a piece of land or its buildings
are developed or intended, or for which it is occupied or maintained.
Utility Services, Major
Development for utility infrastructure purposes, which are likely
to have a major impact on the environment or abutting uses by
virtue of their potential emissions, effects, or appearance. Typical
developments include compost facilities, cooling plants, eco
stations, garbage transfer stations, incinerators, power generating
stations, power terminals and distributing substations, sanitary
landfills, sewage lagoons, snow dumping sites, switching centres,
and sewage treatment plants.
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Utility Services, Minor
Development for utility infrastructure purposes, which is likely to
have limited effect on the environment or abutting uses by virtue
of its appearance, noise, size, traffic generation or operational
characteristics. Typical developments include district heating
plants, water towers, or water treatment plants.
V
Variance
A variation, relaxation or waiver of a development regulation or
other requirement of this Bylaw.
Veterinary Services, Major
Development used for the care and treatment of animals where
the veterinary services primarily involve in-patient care and
major medical procedures involving hospitalization for extended
periods of time. This use does not include kennels or pet care
facilities but may include an outdoor corral for the purpose of
convalescing the animals.
Veterinary Services, Minor
Development used for the care and treatment of animals where
the veterinary services primarily involve out-patient care and
minor medical procedures. All animals shall be kept within an
enclosed building. This use does not include kennels or pet
care facilities but may include an outdoor amenity area for the
purpose of exercising the animals.
W
Walkway
Public access designated for use by pedestrian traffic.
Y
Yard
The portion of a site not occupied by buildings. Sites may
have front, rear, or side yards. This does not include a site's
boulevard.
Yard, Front
Narrowest portion of a site that is abutting a road excluding
a lane extending across the full width of the site from the
furthermost exterior wall of the principal building to the front
property boundary of the site, unless otherwise determined by
the Development Authority in accordance with Subsection
13.17.2.
Yard, Rear
Portion of a site extending across the full width of the site from
the furthermost rear exterior wall of the principal building to the
rear property boundary of the site.
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Yard, Side
Portion of a site extending from the front yard to the rear yard
from the side exterior wall of the principal building to the side
property boundary of the site.
a.
Interior Side means, on corner or double fronting sites,
the side yard that is abutting another site.
b.
Street Side means, on corner or double fronting sites, the
side yard that is abutting a road.
Figure 47: Corner Site Yards
Figure 48: Interior Site Yards
Yard, Zero Side
Development permitted to be built on the side property
boundaries of the site with no required side yard.
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Part 9:
Maps
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Part 9: Maps
Map 1: Airport Height Limitation Contour Map
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Map 2: Downtown Area Redevelopment Plan (DARP) Overlay Map
Part 9: Maps
Map 3: Land Use District and Overlay Map
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Map 4: Road Right-of-Way Portable Sign Approval Map
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Part 9: Maps
Map 5: Land Use District and Overlay Map: City Index
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Map 5: Land Use District and Overlay Map: Section A
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Part 9: Maps
Map 5: Land Use District and Overlay Map: Section B
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Map 5: Land Use District and Overlay Map: Section C
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Part 9: Maps
Map 5: Land Use District and Overlay Map: Section D
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Map 5: Land Use District and Overlay Map: Section E
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Part 9: Maps
Map 5: Land Use District and Overlay Map: Section F
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Map 5: Land Use District and Overlay Map: Section G
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Part 9: Maps
Map 5: Land Use District and Overlay Map: Section H
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Map 5: Land Use District and Overlay Map: Section I
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Map 5: Land Use District and Overlay Map: Section J
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Map 5: Land Use District and Overlay Map: Section K
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Map 5: Land Use District and Overlay Map: Section L
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Map 5: Land Use District and Overlay Map: Section M
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Map 5: Land Use District and Overlay Map: Section N
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Map 5: Land Use District and Overlay Map: Section O
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Map 5: Land Use District and Overlay Map: Section P
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Map 5: Land Use District and Overlay Map: Section Q
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Part 9: Maps
Map 5: Land Use District and Overlay Map: Section R
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Map 5: Land Use District and Overlay Map: Section S
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Part 9: Maps
Map 5: Land Use District and Overlay Map: Section T
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Map 5: Land Use District and Overlay Map: Section U
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Map 5: Land Use District and Overlay Map: Section V
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Map 5: Land Use District and Overlay Map: Section W
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Map 5: Land Use District and Overlay Map: Section X
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Map 5: Land Use District and Overlay Map: Section Y
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Map 5: Land Use District and Overlay Map: Section Z
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Map 5: Land Use District and Overlay Map: Section AA
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Part 9: Maps
Map 5: Land Use District and Overlay Map: Section AB
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