City of Medicine Hat Land Use Bylaw No. 4853
Medicine Hat, Alberta
· No. 4853
· adopted 2026-06-01
· summary & facts
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Land Use Bylaw ####
City of Medicine Hat Land Use Bylaw
Bylaw 4853-2026
Adopted June 1, 2026
CONTENTS
PART 1:
INTRODUCTION ................................................................................................... 1
Administration ................................................................................................................................... 1
1
Title .............................................................................................................................. 1
2
Repeal of Land Use Bylaw No. 4168 ............................................................................ 1
3
Effective Date and Transitional Provisions ................................................................... 1
4
Application ................................................................................................................... 1
5
Purpose ........................................................................................................................ 1
6
Interpretation ................................................................................................................ 2
7
Rounding of Numbers .................................................................................................. 3
8
Determining Boundaries ............................................................................................... 3
Land Use Districts ............................................................................................................................. 4
9
Land Use Districts Established ..................................................................................... 4
10
Purpose Statements ..................................................................................................... 4
11
Suburban and General Urban Typology Map ............................................................... 5
Rules of This Bylaw ........................................................................................................................... 6
12
Development Regulations ............................................................................................ 6
13
Compliance with Other Legal Requirements ................................................................ 6
14
Severance of Provisions ............................................................................................... 6
PART 2:
SUBURBAN AND GENERAL URBAN TYPOLOGIES ......................................... 7
Neighbourhood Residential 1 (N-R1) District ..................................................................................... 8
15
N-R1 Purpose .............................................................................................................. 8
16
N-R1 Permitted and Discretionary Uses ....................................................................... 8
17
N-R1 General Regulations ........................................................................................... 8
18
N-R1 Density ................................................................................................................ 9
19
N-R1 Site Coverage ..................................................................................................... 9
20
N-R1 Building Height .................................................................................................... 9
21
N-R1 Site Width and Site Depth ................................................................................... 9
22
N-R1 Setbacks ............................................................................................................10
Neighbourhood Residential 2 (N-R2) District ....................................................................................12
23
N-R2 Purpose .............................................................................................................12
24
N-R2 Permitted and Discretionary Uses ......................................................................12
25
N-R2 General Regulations ..........................................................................................12
26
N-R2 Density ...............................................................................................................13
27
N-R2 Site Coverage ....................................................................................................13
28
N-R2 Building Height ...................................................................................................13
29
N-R2 Site Width and Site Depth ..................................................................................14
30
N-R2 Setbacks ............................................................................................................15
Neighbourhood Residential 3 (N-R3) District ....................................................................................17
31
N-R3 Purpose .............................................................................................................17
32
N-R3 Permitted and Discretionary Uses ......................................................................17
33
N-R3 General Regulations ..........................................................................................17
34
N-R3 Density ...............................................................................................................17
35
N-R3 Building Height ...................................................................................................18
36
N-R3 Setbacks ............................................................................................................18
Neighbourhood Residential 4 (N-R4) District ................................................................................... 19
37
N-R4 Purpose ............................................................................................................ 19
38
N-R4 Permitted and Discretionary Uses ..................................................................... 19
39
N-R4 General Regulations ......................................................................................... 20
40
N-R4 Density .............................................................................................................. 20
41
N-R4 Building Height .................................................................................................. 20
42
N-R4 Setbacks ........................................................................................................... 20
Neighbourhood Commercial 1 (N-C1) District .................................................................................. 21
43
N-C1 Purpose ............................................................................................................ 21
44
N-C1 Permitted and Discretionary Uses ..................................................................... 21
45
N-C1 General Regulations ......................................................................................... 21
46
N-C1 Building Height .................................................................................................. 22
47
N-C1 Setbacks ........................................................................................................... 22
Neighbourhood Commercial 2 (N-C2) District .................................................................................. 23
48
N-C2 Purpose ............................................................................................................ 23
49
N-C2 Permitted and Discretionary Uses ..................................................................... 23
50
N-C2 General Regulations ......................................................................................... 24
51
N-C2 Building Height .................................................................................................. 24
52
N-C2 Setbacks ........................................................................................................... 25
Neighbourhood Community and Culture (N-CC) District .................................................................. 26
53
N-CC Purpose ............................................................................................................ 26
54
N-CC Permitted and Discretionary Uses .................................................................... 26
55
N-CC General Regulations ......................................................................................... 26
56
N-CC Building Height ................................................................................................. 27
57
N-CC Setbacks .......................................................................................................... 27
Neighbourhood Parks, Recreation and Schools (N-PRS) District .................................................... 28
58
N-PRS Purpose .......................................................................................................... 28
59
N-PRS Permitted and Discretionary Uses .................................................................. 28
60
N-PRS General Regulations ....................................................................................... 28
PART 3:
URBAN VILLAGES AND CORRIDORS TYPOLOGY ........................................ 31
Urban Villages and Corridors (UVC) District .................................................................................... 32
61
UVC Purpose ............................................................................................................. 32
62
UVC Permitted and Discretionary Uses ...................................................................... 32
63
UVC General Regulations .......................................................................................... 34
64
UVC Building Height ................................................................................................... 34
65
UVC Setbacks ............................................................................................................ 35
PART 4:
URBAN CORE TYPOLOGY ............................................................................... 37
Urban Core (UC) District.................................................................................................................. 38
66
UC Purpose ................................................................................................................ 38
67
UC Permitted and Discretionary Uses ........................................................................ 38
68
UC General Regulations............................................................................................. 39
69
UC Building Height ..................................................................................................... 40
70
UC Setbacks .............................................................................................................. 41
PART 5:
SPECIAL USE TYPOLOGY ................................................................................ 43
Planned Residential Community Special Use (SU-PRC) District ......................................................44
71
SU-PRC Purpose ........................................................................................................44
72
SU-PRC Permitted and Discretionary Uses .................................................................44
73
SU-PRC General Regulations .....................................................................................44
74
SU-PRC Building Height .............................................................................................45
75
SU-PRC Site Width, Site Depth and Site Area ............................................................45
76
SU-PRC Setbacks .......................................................................................................45
Semi-Public Special Use (SU-SP) District ........................................................................................46
77
SU-SP Purpose ...........................................................................................................46
78
SU-SP Permitted and Discretionary Uses ...................................................................46
79
SU-SP General Regulations ........................................................................................46
Regional Park Special Use (SU-RP) District .....................................................................................47
80
SU-RP Purpose ...........................................................................................................47
81
SU-RP Permitted and Discretionary Uses ...................................................................47
82
SU-RP General Regulations ........................................................................................47
Regional Commercial Special Use (SU-RC) District .........................................................................48
83
SU-RC Purpose ..........................................................................................................48
84
SU-RC Permitted and Discretionary Uses ...................................................................48
85
SU-RC General Regulations .......................................................................................49
86
SU-RC Building Height ................................................................................................50
87
SU-RC Site Width and Site Depth ...............................................................................50
88
SU-RC Setbacks .........................................................................................................50
Airport Special Use (SU-AIR) District ................................................................................................51
89
SU-AIR Purpose ..........................................................................................................51
90
SU-AIR Permitted and Discretionary Uses ..................................................................51
91
SU-AIR General Regulations .......................................................................................51
92
SU-AIR Building Height ...............................................................................................52
Infrastructure Special Use (SU-INF) District .....................................................................................53
93
SU-INF Purpose ..........................................................................................................53
94
SU-INF Permitted and Discretionary Uses ..................................................................53
95
SU-INF General Regulations .......................................................................................53
Direct Control Special Use (SU-DC) District .....................................................................................54
96
SU-DC Purpose ..........................................................................................................54
97
Land Uses Requiring SU-DC District and Council Decision .........................................54
98
SU-DC General Regulations .......................................................................................54
99
SU-DC Approval for Minor Development .....................................................................55
PART 6:
INDUSTRIAL TYPOLOGY .................................................................................. 57
Light/Medium Industrial (I-LM) District ..............................................................................................58
100
I-LM Purpose...............................................................................................................58
101
I-LM Permitted and Discretionary Uses .......................................................................58
102
I-LM General Regulations ...........................................................................................60
103
I-LM Site Frontage and Site Area ................................................................................60
104
I-LM Setbacks .............................................................................................................60
Heavy Industrial (I-H) District ............................................................................................................61
105
I-H Purpose .................................................................................................................61
106
I-H Permitted and Discretionary Uses ......................................................................... 61
107
I-H General Regulations ............................................................................................. 61
108
I-H Site Area ............................................................................................................... 61
109
I-H Setbacks ............................................................................................................... 62
PART 7:
NATURAL AND OPEN SPACE TYPOLOGY ..................................................... 63
Natural and Open Space (NOS) District .......................................................................................... 64
110
NOS Purpose ............................................................................................................. 64
111
NOS Permitted and Discretionary Uses ...................................................................... 64
112
NOS General Regulations .......................................................................................... 64
PART 8:
FUTURE URBAN DEVELOPMENT TYPOLOGY ............................................... 67
Future Urban Development (FUD) District ....................................................................................... 68
113
FUD Purpose ............................................................................................................. 68
114
FUD Permitted and Discretionary Uses ...................................................................... 68
115
FUD General Regulations: ......................................................................................... 69
116
FUD Density ............................................................................................................... 69
117
FUD Building Height: .................................................................................................. 69
PART 9:
RULES FOR ALL DISTRICTS ............................................................................ 71
118
Application.................................................................................................................. 71
119
Environmental ............................................................................................................ 71
120
Geotechnical .............................................................................................................. 72
121
Flood Hazard .............................................................................................................. 73
122
Historic Resources ..................................................................................................... 75
123
Health, Safety and Nuisance ...................................................................................... 76
124
Infrastructure and Servicing Capacity ......................................................................... 78
125
Oil and Gas Infrastructure .......................................................................................... 78
126
Non-Conforming Uses and Buildings .......................................................................... 79
127
Non-Conforming Sites ................................................................................................ 79
128
Design, Character and Appearance ........................................................................... 80
129
Crime Prevention Through Environmental Design ...................................................... 81
130
Pedestrian Connectivity .............................................................................................. 82
131
Vehicle Access ........................................................................................................... 82
132
Residential Driveways ................................................................................................ 84
133
Parking ....................................................................................................................... 85
134
Drainage .................................................................................................................... 88
135
Landscaping ............................................................................................................... 89
136
Screening ................................................................................................................... 91
137
Lighting ...................................................................................................................... 91
138
Outdoor Storage ......................................................................................................... 92
139
Outdoor Display Areas ............................................................................................... 92
140
Waste Management ................................................................................................... 92
141
Projections Into Setbacks ........................................................................................... 93
142
Building Height Exceptions ......................................................................................... 93
143
Corner Visibility Triangles ........................................................................................... 93
144
Prohibited Development ............................................................................................. 94
PART 10:
USE SPECIFIC RULES....................................................................................... 95
Residential Use Rules ..................................................................................................................... 95
145
All Residential Uses ....................................................................................................95
146
Multiple Unit Housing ..................................................................................................96
147
Secondary Suite ..........................................................................................................96
148
Backyard Suite ............................................................................................................97
149
Remote Work ..............................................................................................................98
150
Home Business, Minor and Major................................................................................98
151
Bed and Breakfast .......................................................................................................99
152
Short Term Dwelling Rental ....................................................................................... 100
153
Residential Accessory Building ................................................................................. 100
154
Residential Accessory Structure ................................................................................ 101
Commercial and Institutional Use Rules ......................................................................................... 103
155
All Commercial and Institutional Uses ....................................................................... 103
156
Childcare Service ...................................................................................................... 103
157
Community Garden ................................................................................................... 104
158
Temporary Vendor .................................................................................................... 104
159
Liquor Store and Cannabis Store .............................................................................. 104
160
Adult Novelty Store ................................................................................................... 105
161
Animal Kennel/Training Centre and Animal Breeding Operation................................ 105
162
Drive Through ........................................................................................................... 106
Industrial, Infrastructure and Other Use Rules ................................................................................ 107
163
All Industrial Uses ..................................................................................................... 107
164
Public Utility, Minor .................................................................................................... 108
165
Renewable Energy System, Minor ............................................................................ 108
166
Similar Use ................................................................................................................ 108
PART 11:
SIGN RULES ..................................................................................................... 109
Signs: Development Permits .......................................................................................................... 109
167
Signs: Development Permit Required ........................................................................ 109
168
Signs: Discretionary Use ........................................................................................... 109
169
Signs: Development Permit Exemption ..................................................................... 109
Signs: General Development Regulations ...................................................................................... 113
170
Rules for All Signs ..................................................................................................... 113
171
Number of Signs ....................................................................................................... 113
172
Height of Signs .......................................................................................................... 114
173
Separation Distance Between Signs ......................................................................... 114
174
Sign Area .................................................................................................................. 114
175
Electronic Displays .................................................................................................... 114
176
Sign Content ............................................................................................................. 115
Signs: Use Specific Rules .............................................................................................................. 116
177
Freestanding Signs ................................................................................................... 116
178
Specialized Signs ...................................................................................................... 116
PART 12:
AIRPORT ZONING REGULATION OVERLAY ................................................. 117
179
Purpose of This Overlay ............................................................................................ 117
180
Area of Application .................................................................................................... 117
181
Regulations of This Overlay ...................................................................................... 117
PART 13:
DEVELOPMENT AUTHORITY .......................................................................... 119
182
Development Authority Established .......................................................................... 119
183
Development Authority Powers and Duties............................................................... 119
184
Administrative Powers and Duties ............................................................................ 120
185
Referrals to the MPC ................................................................................................ 121
186
Fees ......................................................................................................................... 121
PART 14:
DEVELOPMENT PROCESS ............................................................................. 123
Development Permits .................................................................................................................... 123
187
Development Permit Required.................................................................................. 123
188
Development Permit Exemption ............................................................................... 123
Development Permit Application .................................................................................................... 128
189
Eligibility to Submit Application for Development Permit ........................................... 128
190
Development Permit Application Requirements ........................................................ 128
191
Effective Date of Development Permit Approval ....................................................... 129
192
Duration of Development Permit Approval ................................................................ 130
193
Re-application Following Development Permit Refusal ............................................ 130
PART 15:
LAND USE BYLAW AMENDMENTS................................................................ 131
194
Text Amendment Application Requirements ............................................................. 131
195
Eligibility to Submit Rezoning Application ................................................................. 131
196
Rezoning Application Requirements ......................................................................... 131
197
Amendment Application Review ............................................................................... 131
198
Re-application Following Rezoning Refusal.............................................................. 132
PART 16:
COMPLIANCE WITH THIS BYLAW ................................................................. 133
199
Enforcement ............................................................................................................. 133
200
Inspections ............................................................................................................... 133
201
Offences ................................................................................................................... 133
202
Penalties .................................................................................................................. 133
203
Stop Order................................................................................................................ 134
204
Cancellation/Suspension of Development Permit ..................................................... 134
PART 17:
USE DEFINITIONS ........................................................................................... 137
205
Residential Uses ...................................................................................................... 138
206
Open Space Uses .................................................................................................... 140
207
Institutional Uses ...................................................................................................... 140
208
Commercial Uses ..................................................................................................... 143
209
Industrial Uses ......................................................................................................... 148
210
Agricultural Uses ...................................................................................................... 150
211
Infrastructure Uses ................................................................................................... 151
212
Special Uses ............................................................................................................ 152
213
Other Uses ............................................................................................................... 152
PART 18:
GENERAL DEFINITIONS ................................................................................. 153
BYLAW NO. 4853
A BYLAW TO REGULATE
THE DEVELOPMENT AND USE OF LAND
IN THE CITY OF MEDICINE HAT
WHEREAS the Municipal Government Act requires every Alberta municipality to pass a land use bylaw
which may prohibit, regulate and control the use and development of land and buildings in a
municipality;
AND WHEREAS Medicine Hat City Council has held a public hearing in accordance with the
requirements of the Municipal Government Act;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CITY OF MEDICINE HAT ENACTS AS
FOLLOWS:
Introduction
Administration
1
Part 1: Introduction
Administration
1
Title
The City of Medicine Hat Land Use Bylaw No. 4853 may be referred to as "this Bylaw".
2
Repeal of Land Use Bylaw No. 4168
City of Medicine Hat Land Use Bylaw No. 4168, as amended, is repealed and of no further force or effect
except where explicitly stated otherwise in this Bylaw.
3
Effective Date and Transitional Provisions
(1)
This Bylaw is enacted and comes into force on the day it is passed.
(2)
Subject to the provisions of Subsection (3) of this Section, an application for a development
permit that has been received by the Development Authority prior to the enactment of this
Bylaw, must be dealt with by the Development Authority as if this Bylaw had not been enacted
and Bylaw No. 4168 as amended had not been repealed.
(3)
Except in the case of an application involving lands in the SU-DC District, a development permit:
(a)
may be issued by a Development Officer to whom the powers of Development
Authority have been delegated; or
(b)
may be referred by a Development Officer to the Municipal Planning Commission
(MPC) for a decision, in respect of any application to which Subsection (2) of this Section
applies.
(4)
A development permit that was in force and effect at the date of enactment of this Bylaw
continues to be in force and effect and is subject to suspension, cancellation, or enforcement
pursuant to Part 16 (Compliance with This Bylaw) as though it had been issued under this Bylaw.
4
Application
This Bylaw applies to all land and buildings contained within the municipal boundaries of the City of
Medicine Hat (the City).
5
Purpose
In accordance with the provisions of the Municipal Government Act (MGA), the purpose of this Bylaw
is to prohibit or regulate and control the use and development of land and buildings by, among other
things:
(1)
dividing the City into districts;
(2)
listing the permitted uses and discretionary uses allowed in each district;
(3)
establishing provisions for:
(a)
making decisions on applications for development; and
(b)
issuing development permits;
(4)
implementing, over the long-term, the Municipal Development Plan (MDP) and other statutory
plans; and
(5)
providing for any other matter Council considers necessary.
Introduction
Administration
2
6
Interpretation
(1)
In this Bylaw and in any form, procedure, protocol, requirement, guideline, or interpretation of
terminology created or issued by the Development Authority, unless the context explicitly or by
necessary implication requires otherwise:
(a)
the letter "m" standing alone in lower case means "metres";
(b)
the words "include," "includes," "including," and similar formulations are deemed to be
followed by "without limitation";
(c)
a reference to a person means both a natural person and a body corporate or partnership;
(d)
a reference to an application for a development permit includes an application for an
amendment to an existing development permit;
(e)
a word or expression not defined in this Bylaw but is defined in the MGA has the same
meaning as in the MGA, except that the meaning of the word "road" is expanded to
incorporate everything included in the definition of "highway" in the Traffic Safety Act;
(f)
a word or expression not defined in this Bylaw and not defined in the MGA:
(1)
has the same meaning as defined in any relevant federal or provincial enactment,
or City bylaw,
(2)
has their plain and ordinary meaning, or
(3)
has the same meaning as defined in the current edition of the Canadian Oxford
Dictionary,
as the context requires;
(g)
technical diagrams and contextual images are intended to support the interpretation of
definitions and regulations; and
(h)
any provincial or federal enactments, City bylaws, or other documents of regulatory
significance published by a government agency or other body having jurisdiction refers to:
(1)
the enactment, bylaw, or document as may be amended from time-to-time, or
(2)
any enactment, bylaw, or document passed or published in replacement thereof.
(2)
In this Bylaw, words that are 'Bolded and Capitalized
(3)
are:
(a)
uses defined in Part 17 (Use Definitions); or
(b)
headings and titles within this Bylaw.
(4)
In this Bylaw, words that are 'bolded and italicized' are general terms defined in Part 18 (General
Definitions). In Part 18 (General Definitions), for readability, only the general term being defined is
bolded and italicized.
(5)
In this Bylaw, words that are 'italicized' are references to:
(a)
federal or provincial enactments, City bylaws, or other documents of regulatory
significance as amended or replaced from time-to-time;
(b)
federal, provincial, or municipal departments, committees, boards, or individuals with
jurisdiction and their replacements; or
(c)
any other publication or body of regulatory significance to the implementation of this
Bylaw.
(6)
The text of purpose statements are not bolded, capitalized, or italicized as outlined in
Subsections (2), (3), and (4) of this Section.
Introduction
Administration
3
7
Rounding of Numbers
In determining whether a building, a site, a setback, a sign, or any other thing complies with a requirement
of height, area, distance, luminance or illumination, the measurement of the building, site, setback, sign,
or other thing shall be rounded to the same number of significant digits as set out in this Bylaw.
8
Determining Boundaries
In the event of uncertainty or dispute with respect to the location of the boundary of a district or overlay,
the location will be determined by application of the following rules:
(1)
where the boundary of a district or overlay is shown as approximately following the boundary of
a site, a utility right-of-way, an easement, or the City, the district boundary or overlay boundary is
deemed to follow the surveyed boundary of the site, the utility right-of-way, the easement, or the
City;
(2)
where the boundary of a district or overlay is shown as approximately following a road, the road
itself is not included within the district or overlay;
(3)
where the boundary of a district or overlay is shown as approximately following the edge or shore
of a body of water, the boundary is deemed to follow the edge line or shore line and in the event
of a naturally occurring change in the location of the edge line or shore line the district boundary
or overlay boundary is deemed to have changed to conform to the new location of the edge line or
shore line;
(4)
where the boundary of a district or overlay is shown as following a topographic contour line or a
development setback line established on geophysical risk lands, the boundary is deemed to
follow the contour line or development setback line, and in the event of a change in the location
of the contour line caused by natural forces or a change made by the Development Authority to
the development setback line the boundary is deemed to have changed to conform to the new
location of the contour line or development setback line;
(5)
where the boundary of a district or overlay is shown as being parallel to or an extension of any
of the features described in Subsections (1) through (4) of this Section, the boundary is deemed
to be where a plan of survey shows, or would show, such parallel or extended line to be; and
(6)
if the exact location of a district boundary or overlay boundary cannot be determined by the
application of Subsections (1) through (5) of this Section, the Development Authority shall
determine the location of the boundary on the basis of measurements scaled from the applicable
Land Use District Map or overlay map.
Introduction
Land Use Districts
4
Land Use Districts
9
Land Use Districts Established
The following districts are established, the locations of which are shown on the Land Use District Map
attached to this Bylaw as Schedule "A".
Land Use District
Short Form
Neighbourhood Residential 1 District
N-R1
Neighbourhood Residential 2 District
N-R2
Neighbourhood Residential 3 District
N-R3
Neighbourhood Residential 4 District
N-R4
Neighbourhood Commercial 1 District
N-C1
Neighbourhood Commercial 2 District
N-C2
Neighbourhood Community and Culture District
N-CC
Neighbourhood Parks, Recreation, and Schools District
N-PRS
Urban Villages and Corridors District
UVC
Urban Core District
UC
Planned Residential Community Special Use District
SU-PRC
Semi-Public Special Use District
SU-SP
Regional Park Special Use District
SU-RP
Regional Commercial Special Use District
SU-RC
Airport Special Use District
SU-AIR
Infrastructure Special Use District
SU-INF
Direct Control Special Use District
SU-DC
Light/Medium Industrial District
I-LM
Heavy Industrial District
I-H
Natural and Open Space District
NOS
Future Urban Development District
FUD
10
Purpose Statements
(1)
Purpose statements for districts are intended to describe in a general way the intent of Council
for the development of the district.
(2)
Purpose statements are not to be construed as setting out exhaustively all the characteristics
that a development must have in order to be a permitted use or discretionary use in the district.
Introduction
Land Use Districts
5
11
Suburban and General Urban Typology Map
Introduction
Rules of This Bylaw
6
Rules of This Bylaw
12
Development Regulations
Development regulations are established by this Bylaw and are contained within the following:
Part
Development Regulations
2-8
District Specific Rules
9
Rules for All Districts
10
Use Specific Rules
11
Sign Rules
12
Airport Zoning Regulation Overlay
13
Compliance with Other Legal Requirements
Nothing in this Bylaw affects a person's obligation to comply with:
(1)
any other enactment;
(2)
any other City bylaw; or
(3)
any permit, approval, order, or other legal requirement,
concerning or affecting a development.
14
Severance of Provisions
(1)
Each provision of this Bylaw is independent of all other provisions, and if any provision of this
Bylaw is declared invalid, all other provisions remain valid and enforceable.
(2)
If any provision of this Bylaw is found by a court to be of no force or effect, it is the intention of
Council that such provision be severed from this Bylaw and that every other provision of this
Bylaw continue in force and effect.
Suburban and General Urban Typologies
Rules of This Bylaw
7
Part 2: Suburban and General Urban Typologies
Suburban and General Urban Typologies
Neighbourhood Residential 1 (N-R1) District
8
Neighbourhood Residential 1 (N-R1) District
15
N-R1 Purpose
Provide low-density neighbourhoods where low-rise built forms are the predominant dwelling types.
Encourage opportunities for low-density, sensitive intensification.
Promote contextual infill that preserves unique neighbourhood character and supports contemporary
design.
16
N-R1 Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Detached House
Permitted
Semi-Detached Housing
Permitted
Stacked Duplex Housing
Permitted
Health and Social Services
Continuing Care, Limited
Discretionary
Accessory Dwellings
Secondary Suite
Discretionary
Backyard Suite
Discretionary
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Bed and Breakfast
Permitted
Short Term Dwelling Rental
Permitted
Other Residential
Accessory Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Other
Community Garden
Permitted
Similar Use
Discretionary
17
N-R1 General Regulations
(1)
Refer to Section 11 (Suburban and General Urban Typology Map) to determine whether a site is
within the Suburban Typology or General Urban Typology.
(2)
Dwellings must be developed with a street-oriented design where primary entrances, architectural
features, and façades contribute to a consistent and attractive streetscape.
(3)
Dwellings of Semi-Detached Housing:
(a)
may be subdivided along demising walls and located on individual fee simple lots; and
(b)
must not be placed over another principal dwelling in whole or in part.
(4)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
Suburban and General Urban Typologies
Neighbourhood Residential 1 (N-R1) District
9
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
18
N-R1 Density
(1)
Within the N-R1 District, a site may be developed with the following principal dwelling types:
(a)
a Detached House;
(b)
Semi-Detached Housing; or
(c)
Stacked Duplex Housing.
(2)
Within the N-R1 District:
(a)
a Detached House may be developed with one accessory dwelling; and
(b)
Semi-Detached Housing and Stacked Duplex Housing must not be developed with
accessory dwellings.
19
N-R1 Site Coverage
The maximum site coverage is 45 %.
20
N-R1 Building Height
The maximum building height is:
(1)
two storeys to a maximum of 8.0 m for a Backyard Suite; and
(2)
three storeys to a maximum of 12.0 m for a Detached House, Semi-Detached Housing, or
Stacked Duplex Housing.
21
N-R1 Site Width and Site Depth
Refer to Section 11 (Suburban and General Urban Typology Map) to determine whether a site is within
the Suburban Typology or General Urban Typology.
21.1 N-R1 Existing Neighbourhood Site Standards
(1)
This Subsection applies to all N-R1 sites created prior to the effective date of this Bylaw.
(2)
The minimum site width and minimum site depth are as follows:
Land Use
Site Width
Site Depth
Detached House
Suburban Typology
front driveway
no front driveway
General Urban Typology
12.2 m
9.1 m
7.6 m
30.5 m
30.5 m
30.5 m
Detached House
with accessory dwelling
Suburban Typology
General Urban Typology
13.7 m
13.7 m
30.5 m
30.5 m
Semi-Detached Housing
Suburban Typology
General Urban Typology
7.6 m per dwelling
7.6 m per dwelling
30.5 m
30.5 m
Stacked Duplex Housing
Suburban Typology
General Urban Typology
18.3 m
15.2 m
30.5 m
30.5 m
(3)
Notwithstanding Subsection 21.1(2), on a corner site within the Suburban Typology, the minimum
site width is increased by 1.8 m.
Suburban and General Urban Typologies
Neighbourhood Residential 1 (N-R1) District
10
21.2 N-R1 Greenfield Development Site Standards
(1)
This Subsection applies to all N-R1 sites created after the effective date of this Bylaw.
(2)
The minimum site width and minimum site depth are as follows:
Land Use
Site Width
Site Depth
Detached House
Suburban Typology
front driveway
no front driveway
13.7 m
9.1 m
36.6 m
36.6 m
Semi-Detached Housing
Suburban Typology
9.1 m per dwelling
36.6 m
Stacked Duplex Housing
Suburban Typology
18.3 m
36.6 m
22
N-R1 Setbacks
(1)
The minimum setbacks are as follows:
Land Use
Front Setback
Exterior Side
Setback
Interior Side
Setback
Rear Setback
Detached House
Suburban Typology
General Urban
Typology
4.5 m
3.5 m
3.0 m
1.2 m
1.2 m
1.2 m
6.0 m
6.0 m
Semi-Detached Housing
Suburban Typology
General Urban
Typology
4.5 m
3.5 m
3.0 m
1.2 m
1.2 m
1.2 m
6.0 m
6.0 m
Stacked Duplex Housing
Suburban Typology
General Urban
Typology
4.5 m
3.5 m
3.0 m
3.0 m
3.0 m
3.0 m
6.0 m
6.0 m
Backyard Suite
Refer to Section 148 (Use Specific Rules - Backyard Suite)
(2)
Notwithstanding Subsection (1) of this Section, for a site containing Semi-Detached Housing
there is no requirement for an interior side setback between two adjoined principal dwellings
separated by a property line.
(3)
Notwithstanding Subsection (1) of this Section, the minimum front setback or exterior side
setback for an attached garage is:
(a)
a minimum of 6.0 m; or
(b)
a setback established by the Development Authority that ensures safe unobstructed
public sidewalks and vehicular manoeuvring,
whatever the site context requires.
(4)
Notwithstanding Subsection (1) of this Section, Stacked Duplex Housing may be developed with
a reduced side yard setback(s) through the implementation of construction techniques in
accordance with the Safety Codes Act.
(5)
Notwithstanding Subsection (1) of this Section, where the primary entrance to a dwelling is located
within an interior side setback, the minimum interior side setback shall be 2.0 m.
(6)
Notwithstanding Subsection (1) of this Section, where a site context provides more than one rear
property line, the Development Authority shall establish rear setbacks for all rear property
lines.
(7)
Notwithstanding Subsection (1) of this Section, where a setback requirement of this district is
incompatible with the existing pattern of development, the Development Authority may establish
Suburban and General Urban Typologies
Neighbourhood Residential 1 (N-R1) District
11
a setback requirement compatible with adjacent sites, the existing streetscape, and the character
of the surrounding neighbourhood.
Suburban and General Urban Typologies
Neighbourhood Residential 2 (N-R2) District
12
Neighbourhood Residential 2 (N-R2) District
23
N-R2 Purpose
Provide low- and medium-density sites where low-rise, multiple-unit built forms are the predominant
dwelling types.
Encourage opportunities for growth and transition from low- to medium-density.
Facilitate transition between varying levels of density.
24
N-R2 Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Detached House
Permitted
Semi-Detached Housing
Permitted
Stacked Duplex Housing
Permitted
Stacked Triplex Housing
Permitted
Row Housing
Permitted
Multiple Unit Housing
Permitted
Health and Social Services
Continuing Care, Limited
Discretionary
Continuing Care, Minor
Discretionary
Accessory Dwellings
Secondary Suite
Discretionary
Backyard Suite
Discretionary
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Bed and Breakfast
Permitted
Short Term Dwelling Rental
Permitted
Other Residential
Accessory Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Other
Community Garden
Permitted
Similar Use
Discretionary
25
N-R2 General Regulations
(1)
Refer to Section 11 (Suburban and General Urban Typology Map) to determine whether a site is
within the Suburban Typology or General Urban Typology.
(2)
Dwellings must be developed with a street-oriented design where primary entrances, architectural
features, and façades contribute to a consistent and attractive streetscape.
(3)
Dwellings of Semi-Detached Housing and Row Housing:
(a)
may be subdivided along demising walls and located on individual fee simple lots; and
(b)
must not be placed over another principal dwelling in whole or in part.
Suburban and General Urban Typologies
Neighbourhood Residential 2 (N-R2) District
13
(4)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
26
N-R2 Density
(1)
Within the Suburban and General Urban Typologies, a site may be developed with the following
principal dwelling types:
(a)
a Detached House;
(b)
Semi-Detached Housing;
(c)
Stacked Duplex Housing;
(d)
Stacked Triplex Housing;
(e)
Row Housing; or
(f)
Multiple Unit Housing.
(2)
Within the Suburban Typology, a site may be developed with Multiple Unit Housing to a density
between 20 UPH and 75 UPH.
(3)
Within the General Urban Typology, a site may be developed with Multiple Unit Housing to a
density between 20 UPH and 100 UPH.
(4)
Within the Suburban and General Urban Typologies:
(a)
a Detached House may be developed with up to two accessory dwellings;
(b)
each principal dwelling of Semi-Detached Housing may be developed with one
Secondary Suite or one Backyard Suite;
(c)
Stacked Duplex Housing and Stacked Triplex Housing may be developed with one
Backyard Suite;
(d)
Stacked Duplex Housing and Stacked Triplex Housing must not be developed with
Secondary Suites;
(e)
each principal dwelling of Row Housing may be developed with one Secondary Suite
or one Backyard Suite; and
(f)
Multiple Unit Housing must not be developed with accessory dwellings.
27
N-R2 Site Coverage
The maximum site coverage is 65 %.
28
N-R2 Building Height
The maximum building height is:
(1)
two storeys to a maximum of 8.0 m for a Backyard Suite; and
(2)
three storeys to a maximum of 12.0 m for a Detached House, Stacked Duplex Housing,
Stacked Triplex Housing, Row Housing, or Multiple Unit Housing.
Suburban and General Urban Typologies
Neighbourhood Residential 2 (N-R2) District
14
29
N-R2 Site Width and Site Depth
Refer to Section 11 (Suburban and General Urban Typology Map) to determine whether a site is within
the Suburban Typology or General Urban Typology.
29.1 N-R2 Existing Neighbourhood Site Standards
(1)
This Subsection applies to all N-R2 sites created prior to the effective date of this Bylaw.
(2)
The minimum site width and minimum site depth are as follows:
Land Use
Site Width
Site Depth
Detached House
Suburban Typology
front driveway
no front driveway
General Urban Typology
12.2 m
9.1 m
7.6 m
30.5 m
30.5 m
30.5 m
Detached House
with accessory dwelling(s)
Suburban Typology
General Urban Typology
13.7 m
13.7 m
30.5 m
30.5 m
Semi-Detached Housing
Suburban Typology
General Urban Typology
7.6 m per dwelling
7.6 m per dwelling
30.5 m
30.5 m
Stacked Duplex Housing
Suburban Typology
General Urban Typology
18.3 m
15.2 m
30.5 m
30.5 m
Stacked Triplex Housing
Suburban Typology
General Urban Typology
18.3 m
15.2 m
30.5 m
30.5 m
Row Housing
Suburban Typology and
General Urban Typology
external dwelling
internal dwelling
7.6 m per dwelling
6.4 m per dwelling
30.5 m
30.5 m
Multiple Unit Housing
Suburban Typology
General Urban Typology
18.3 m
18.3 m
30.5 m
30.5 m
(3)
Notwithstanding Subsection 29.1(2), on a corner site within the Suburban Typology, the minimum
site width is increased by 1.8 m.
Suburban and General Urban Typologies
Neighbourhood Residential 2 (N-R2) District
15
29.2 N-R2 Greenfield Development Site Standards
(1)
This Subsection applies to all N-R2 sites created after the effective date of this Bylaw.
(2)
The minimum site width and minimum site depth are as follows:
Land Use
Site Width
Site Depth
Detached House
Suburban Typology
front driveway
no front driveway
13.7 m
9.1 m
36.6 m
36.6 m
Semi-Detached Housing
Suburban Typology
9.2 m per dwelling
36.6 m
Stacked Duplex Housing
Suburban Typology
18.3 m
36.6 m
Stacked Triplex Housing
Suburban Typology
18.3 m
36.6 m
Row Housing
Suburban Typology
external dwelling
internal dwelling
7.6 m per dwelling
6.4 m per dwelling
36.6 m
36.6 m
Multiple Unit Housing
Suburban Typology
18.3 m
36.6 m
30
N-R2 Setbacks
(1)
The minimum setbacks are as follows:
Land Use
Front Setback
Exterior Side
Setback
Interior Side
Setback
Rear Setback
Detached House
Suburban Typology
General Urban
Typology
4.5 m
3.5 m
3.0 m
1.2 m
1.2 m
1.2 m
6.0 m
6.0 m
Semi-Detached Housing
Suburban Typology
General Urban
Typology
4.5 m
3.5 m
3.0 m
1.2 m
1.2 m
1.2 m
6.0 m
6.0 m
Stacked Duplex Housing
Suburban Typology
General Urban
Typology
4.5 m
3.5 m
3.0 m
3.0 m
3.0 m
3.0 m
6.0 m
6.0 m
Stacked Triplex Housing
Suburban Typology
General Urban
Typology
4.5 m
3.5 m
3.0 m
3.0 m
3.0 m
3.0 m
6.0 m
6.0 m
Row Housing
Suburban Typology
General Urban
Typology
4.5 m
3.5 m
1.2 m
1.2 m
1.2 m
1.2 m
6.0 m
6.0 m
Multiple Unit Housing
Suburban Typology
General Urban
Typology
4.5 m
3.5 m
4.0 m
3.0 m
3.0 m
3.0 m
6.0 m
6.0 m
Backyard Suite
Refer to Section 148 (Use Specific Rules - Backyard Suite)
(2)
Notwithstanding Subsection (1) of this Section, for a site containing Semi-Detached Housing or
Row Housing there is no requirement for an interior side setback between two adjoined
principal dwellings separated by a property line.
Suburban and General Urban Typologies
Neighbourhood Residential 2 (N-R2) District
16
(3)
Notwithstanding Subsection (1) of this Section, the minimum front setback or exterior side
setback for an attached garage is:
(a)
a minimum of 6.0 m; or
(b)
a setback established by the Development Authority that ensures safe unobstructed
public sidewalks and vehicular manoeuvring,
whatever the site context requires.
(4)
Notwithstanding Subsection (1) of this Section, Stacked Duplex Housing and Stacked Triplex
Housing may be developed with a reduced side yard setback(s) through the implementation of
construction techniques in accordance with the Safety Codes Act.
(5)
Notwithstanding Subsection (1) of this Section, where the primary entrance to a dwelling is located
within an interior side setback, the minimum interior side setback shall be 2.0 m.
(6)
Notwithstanding Subsection (1) of this Section, where a site context provides more than one rear
property line, the Development Authority shall establish rear setbacks for all rear property
lines.
(7)
Notwithstanding Subsection (1) of this Section, where a setback requirement of this district is
incompatible with the existing pattern of development, the Development Authority may establish
a setback requirement compatible with adjacent sites, the existing streetscape, and the character
of the surrounding neighbourhood.
Suburban and General Urban Typologies
Neighbourhood Residential 3 (N-R3) District
17
Neighbourhood Residential 3 (N-R3) District
31
N-R3 Purpose
Provide medium-density sites where mid-rise, multiple-unit built forms are the predominant dwelling
types.
Encourage urban living opportunities on edges of neighbourhoods, along major streets, and near
hubs of activity.
Support intensification near urban villages and corridors, public amenities, transportation routes, and
transit services.
32
N-R3 Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Multiple Unit Housing
Permitted
Health and Social Services
Continuing Care, Limited
Discretionary
Continuing Care, Minor
Discretionary
Continuing Care, Major
Discretionary
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Short Term Dwelling Rental
Permitted
Other Residential
Accessory Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Other
Community Garden
Permitted
Similar Use
Discretionary
33
N-R3 General Regulations
(1)
Refer to Section 11 (Suburban and General Urban Typology Map) to determine whether a site is
within the Suburban Typology or General Urban Typology.
(2)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
34
N-R3 Density
(1)
Within the Suburban Typology, a site must be developed to a density between 50 UPH and 200
UPH.
(2)
Within the General Urban Typology, a site must be developed to a density between 50 UPH and
300 UPH.
Suburban and General Urban Typologies
Neighbourhood Residential 3 (N-R3) District
18
35
N-R3 Building Height
(1)
The minimum building height is three storeys for Multiple Unit Housing.
(2)
The maximum building height is six storeys or 24.0 m for Multiple Unit Housing.
36
N-R3 Setbacks
(1)
The minimum setbacks are as follows:
Land Use
Front Setback
Exterior Side
Setback
Interior Side
Setback
Rear Setback
Multiple Unit Housing
4.6 m
4.6 m
7.5 m
7.5 m
(2)
Notwithstanding Subsection (1) of this Section, where a site does not abut a N-R1 District or N-
R2 District the interior side setback and rear setback may be reduced without variance where
the site context allows and a development complies with all relevant regulations of the Safety
Codes Act.
(3)
Notwithstanding Subsection (1) of this Section, where a site context provides more than one rear
property line, the Development Authority shall establish rear setbacks for all rear property
lines.
(4)
Notwithstanding Subsection (1) of this Section, where a setback requirement of this district is
incompatible with the existing pattern of development, the Development Authority may establish
a setback requirement compatible with adjacent sites, the existing streetscape, and the character
of the surrounding neighbourhood.
Suburban and General Urban Typologies
Neighbourhood Residential 4 (N-R4) District
19
Neighbourhood Residential 4 (N-R4) District
37
N-R4 Purpose
Encourage transformative growth and dense urban living in strategic locations to create critical mass
in the City Centre, urban villages, and intensification areas.
Allow compatible and complementary at-grade commercial uses developed in conjunction with high-
rise apartments.
Recognize the unique context of a site and encourage development to the highest and best use.
38
N-R4 Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Multiple Unit Housing
Permitted
Health and Social Services
Continuing Care, Limited
Discretionary
Continuing Care, Minor
Discretionary
Continuing Care, Major
Discretionary
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Short Term Dwelling Rental
Permitted
Other Residential
Accessory Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Community and Culture
Childcare Service
Permitted
Art Studio
Permitted
Community Garden
Permitted
Health and Social Services
Health Care Office, Minor
Permitted
Health Care Office, Major
Discretionary
Business and Professional
Services
Office, Minor
Permitted
Government Service
Permitted
Financial Institution
Permitted
Commercial School, Minor
Discretionary
Retail and Consumer
Services
General Retail Store
Permitted
Liquor Store
Discretionary
Cannabis Store
Discretionary
Personal Service
Permitted
Dry Cleaner/Laundromat
Discretionary
Fitness/Wellness Centre, Minor
Permitted
Suburban and General Urban Typologies
Neighbourhood Residential 4 (N-R4) District
20
Food, Beverage, and
Entertainment
Restaurant, Limited
Permitted
Restaurant, Full Service
Permitted
Specialty Food Store
Permitted
Amusement Establishment, Minor
Permitted
Bar
Discretionary
Other
Accessory Use
Discretionary
Similar Use
Discretionary
39
N-R4 General Regulations
(1)
Multiple Unit Housing must be developed in the form of apartments.
(2)
Where a development consists of Multiple Unit Housing in conjunction with one or more non-
residential uses, all non-residential uses shall be deemed discretionary uses.
(3)
Mixed-use buildings must be developed with all non-residential uses, except home employment
accessory uses, located on lower floors.
(4)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
40
N-R4 Density
The minimum density is 150 UPH.
41
N-R4 Building Height
The minimum building height is six storeys.
42
N-R4 Setbacks
The Development Authority shall establish setbacks compatible with adjacent sites and the surrounding
area.
Suburban and General Urban Typologies
Neighbourhood Commercial 1 (N-C1) District
21
Neighbourhood Commercial 1 (N-C1) District
43
N-C1 Purpose
Provide low-impact, commercial amenities embedded within neighbourhoods.
Support innovative development forms including residential repurposes, and small-scale businesses
that serve the needs of neighbourhoods.
44
N-C1 Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Multiple Unit Housing
Permitted
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Short Term Dwelling Rental
Permitted
Other Residential
Accessory Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Community and Culture
Childcare Service
Permitted
Art Studio
Permitted
Social Organization
Discretionary
Community Garden
Permitted
Health and Social Service
Health Care Office, Minor
Permitted
Business, Professional and
Service
Office, Minor
Permitted
Commercial School, Minor
Permitted
Retail and Consumer
Services
General Retail Store
Permitted
Personal Service
Permitted
Fitness/Wellness Centre, Minor
Permitted
Restaurant, Limited
Permitted
Specialty Food Store
Permitted
Amusement Establishment, Minor
Permitted
Animal Uses
Pet Service
Permitted
Other
Accessory Use
Discretionary
Similar Use
Discretionary
45
N-C1 General Regulations
(1)
Multiple Unit Housing must be developed in conjunction with a non-residential use(s) allowed in
this district.
Suburban and General Urban Typologies
Neighbourhood Commercial 1 (N-C1) District
22
(2)
Where a development consists of Multiple Unit Housing in conjunction with one or more non-
residential uses, all non-residential uses shall be deemed discretionary uses.
(3)
Non-residential development within residential neighbourhoods including residential repurposes:
(a)
must only be developed on:
(1)
a corner site,
(2)
an interior site that abuts a compatible institutional, commercial, open space, or
higher density residential use, or
(3)
an interior site previously developed with a non-residential use;
(b)
may consist of limited outdoor business activities including storage, seating areas, and
similar activities;
(c)
must carry out activities so that no excessive nuisance is created; and
(d)
must be supported by adequate transportation infrastructure and parking.
(4)
Off-street parking must be located on the same site as the principal use.
(5)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
46
N-C1 Building Height
The maximum building height is three storeys to a maximum of 12.0 m.
47
N-C1 Setbacks
The Development Authority shall establish setbacks compatible with adjacent sites and the surrounding
neighbourhood.
Suburban and General Urban Typologies
Neighbourhood Commercial 2 (N-C2) District
23
Neighbourhood Commercial 2 (N-C2) District
48
N-C2 Purpose
Provide commercial uses within a range of development contexts, scales, and intensities on edges of
neighbourhoods and along major streets.
Support clustering of commercial uses to create mixed-use urban villages that serve several
neighbourhoods.
Encourage development of underutilized sites that recognizes highest and best use.
49
N-C2 Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Multiple Unit Housing
Permitted
Health and Social Services
Continuing Care, Minor
Discretionary
Continuing Care, Major
Discretionary
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Short Term Dwelling Rental
Permitted
Other Residential
Accessory Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Community and Culture
Childcare Service
Permitted
Art Studio
Permitted
Social Organization
Discretionary
Community Garden
Permitted
Health and Social Service
Health Care Office, Minor
Permitted
Health Care Office, Major
Permitted
Community Social Service
Discretionary
Community Food Service
Discretionary
Business, Professional and
Service
Office, Minor
Permitted
Office, Major
Permitted
Government Service
Permitted
Financial Institution
Permitted
Commercial School, Minor
Permitted
Business Support Service
Permitted
Retail and Consumer
Services
General Retail Store
Permitted
Liquor Store
Discretionary
Cannabis Store
Discretionary
Suburban and General Urban Typologies
Neighbourhood Commercial 2 (N-C2) District
24
Temporary Vendor
Permitted
Personal Service
Permitted
Household Service
Permitted
Dry Cleaner/Laundromat
Discretionary
Fitness/Wellness Centre, Minor
Permitted
Fitness/Wellness Centre, Major
Discretionary
Food, Beverage, and
Entertainment
Restaurant, Limited
Permitted
Restaurant, Full Service
Permitted
Specialty Food Store
Permitted
Catering/Remote Food Service
Discretionary
Amusement Establishment, Minor
Permitted
Bar
Discretionary
Animal Uses
Pet Service
Permitted
Pet Store
Permitted
Veterinary Clinic
Discretionary
Vehicle Oriented
Vehicle Fuel Station
Discretionary
Vehicle Wash/Detailing
Discretionary
Vehicle Quick Service
Discretionary
Vehicle Service/Repair
Discretionary
Transportation/Fleet Service
Discretionary
Drive Through
Discretionary
Other
Accessory Use
Discretionary
Similar Use
Discretionary
50
N-C2 General Regulations
(1)
Multiple Unit Housing must be developed in conjunction with a non-residential use(s) allowed in
this district.
(2)
Where a development consists of Multiple Unit Housing in conjunction with one or more non-
residential uses, all non-residential uses shall be deemed discretionary uses.
(3)
Mixed-use buildings must be developed with all non-residential uses, except home employment
accessory uses, located on lower floors.
(4)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
51
N-C2 Building Height
The maximum building height is three storeys to a maximum of 12.0 m.
Suburban and General Urban Typologies
Neighbourhood Commercial 2 (N-C2) District
25
52
N-C2 Setbacks
The Development Authority shall establish setbacks compatible with adjacent sites and the surrounding
area.
Suburban and General Urban Typologies
Neighbourhood Community and Culture (N-CC) District
26
Neighbourhood Community and Culture (N-CC) District
53
N-CC Purpose
Provide low-impact, community- and culture-oriented amenities embedded within neighbourhoods.
Support the enhancement of neighbourhood living through the integration of uses that promote social
cohesion, arts, and culture.
54
N-CC Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Community and Culture
Childcare Service
Permitted
Place of Worship, Minor
Permitted
Place of Worship, Major
Discretionary
Community Centre
Permitted
Cultural Centre
Permitted
Art Studio
Permitted
Social Organization
Discretionary
Community Garden
Permitted
Other
Accessory Use
Discretionary
Similar Use
Discretionary
55
N-CC General Regulations
(1)
Non-residential development within residential neighbourhoods:
(a)
must only be developed on:
(1)
a corner site,
(2)
an interior site that abuts a compatible institutional, commercial, open space, or
higher density residential use, or
(3)
an interior site previously developed with a non-residential use;
(b)
may consist of limited outdoor business activities including storage, seating areas, and
similar activities;
(c)
must carry out activities so that no excessive nuisance is created; and
(d)
must be supported by adequate transportation infrastructure and parking.
(2)
Off-street parking must be located on the same site as the principal use.
(3)
Accessory accommodation may be allowed in this district.
(4)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
Suburban and General Urban Typologies
Neighbourhood Community and Culture (N-CC) District
27
56
N-CC Building Height
(1)
The maximum building height is three storeys to a maximum of 12.0 m.
(2)
In accordance with Section 142 (Building Height Exemptions), the building height restrictions of
this district do not apply to spires, domes, belfries, towers, or similar architectural features.
57
N-CC Setbacks
The Development Authority shall establish setbacks compatible with adjacent sites and the surrounding
area.
Suburban and General Urban Typologies
Neighbourhood Parks, Recreation and Schools (N-PRS) District
28
Neighbourhood Parks, Recreation and Schools (N-PRS) District
58
N-PRS Purpose
Provide open space and public amenities within neighbourhoods.
Strategically locate parks, recreation facilities, schools, and community centres as focal points within
neighbourhoods.
Enable a multi-modal transportation network that facilitates alternative transportation, encourages
passive and active recreation, and creates connectivity within the community.
59
N-PRS Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Open Space
Public Park
Permitted
Community and Culture
School
Permitted
Childcare Service
Permitted
Community Centre
Permitted
Cultural Centre
Permitted
Outdoor Recreation Facility
Permitted
Indoor Recreation Facility
Permitted
Community Garden
Permitted
Other
Temporary Vendor
Permitted
Accessory Use
Discretionary
Similar Use
Discretionary
60
N-PRS General Regulations
(1)
All development shall consider:
(a)
the policies of any relevant statutory plan and non-statutory plan including Area Structure
Plans, Area Redevelopment Plans, and Outline Plans;
(b)
connection to, and integration of, multi-modal transportation infrastructure;
(c)
continuity between districts resulting from pedestrian connectivity, landscaping, and
buffers; and
(d)
xeriscaping and drought-resistant landscaping.
(2)
Public amenities including parks, recreation facilities, schools, and community centres shall be
developed as neighbourhood focal points.
(3)
Public infrastructure including stormwater management facilities and utility buildings must be
developed in a manner that mitigates visual impacts and adds amenity and aesthetic value.
(4)
Land dedicated as municipal reserve, school reserve, or other reserve land pursuant to the
Municipal Government Act (MGA), must be used and administered only as provided by the
MGA.
(5)
Underutilized or surplus school sites:
(a)
may be retained as reserve land where there is a potential for long-term redevelopment
to increase demand for school space; and
(b)
may contain interim community-oriented uses.
Suburban and General Urban Typologies
Neighbourhood Parks, Recreation and Schools (N-PRS) District
29
(6)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
Suburban and General Urban Typologies
Neighbourhood Parks, Recreation and Schools (N-PRS) District
30
Urban Villages and Corridors Typology
Neighbourhood Parks, Recreation and Schools (N-PRS) District
31
Part 3: Urban Villages and Corridors Typology
Urban Villages and Corridors Typology
Urban Villages and Corridors (UVC) District
32
Urban Villages and Corridors (UVC) District
61
UVC Purpose
Provide a mix of small- to regional-scale commercial and institutional uses within a variety of urban
contexts.
Support high-density residential and mixed-use development that creates urban living opportunities
along major streets and intersections.
Encourage intensification of underutilized sites that takes advantage of anchors for development.
62
UVC Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Multiple Unit Housing
Permitted
Health and Social Services
Continuing Care, Minor
Discretionary
Continuing Care, Major
Discretionary
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Short Term Dwelling Rental
Permitted
Other Residential
Accessory Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Community and Culture
School
Discretionary
Childcare Service
Permitted
Place of Worship, Minor
Permitted
Place of Worship, Major
Discretionary
Community Centre
Permitted
Cultural Centre
Permitted
Indoor Recreation Facility
Discretionary
Art Studio
Permitted
Social Organization
Permitted
Community Garden
Permitted
Health and Social Services
Health Care Office, Minor
Permitted
Health Care Office, Major
Permitted
Community Social Service
Discretionary
Community Food Service
Discretionary
Business and Professional
Services
Office, Minor
Permitted
Office, Major
Permitted
Government Service
Permitted
Financial Institution
Permitted
Urban Villages and Corridors Typology
Urban Villages and Corridors (UVC) District
33
Commercial School, Minor
Permitted
Business Support Service
Permitted
Self Storage, Indoor
Discretionary
Retail and Consumer
Services
General Retail Store
Permitted
Liquor Store
Permitted
Cannabis Store
Permitted
Pawn Shop
Discretionary
Adult Novelty Store
Discretionary
Temporary Vendor
Permitted
Home/Building Supply
Discretionary
Garden Centre
Discretionary
Personal Service
Permitted
Household Service
Permitted
Dry Cleaner/Laundromat
Discretionary
Fitness/Wellness Centre, Minor
Permitted
Fitness/Wellness Centre, Major
Permitted
Payday Loan
Discretionary
Food, Beverage, and
Entertainment
Restaurant, Limited
Permitted
Restaurant, Full Service
Permitted
Specialty Food Store
Permitted
Catering/Remote Food Service
Permitted
Convention/Event Centre
Discretionary
Hotel
Discretionary
Amusement Establishment, Minor
Permitted
Amusement Establishment, Major
Discretionary
Bar
Discretionary
Animal Uses
Pet Service
Permitted
Pet Store
Permitted
Veterinary Clinic
Permitted
Vehicle Oriented
Vehicle Fuel Station
Discretionary
Vehicle Wash/Detailing
Discretionary
Vehicle Quick Service
Discretionary
Vehicle Service/Repair
Discretionary
Vehicle Body/Paint
Discretionary
Vehicle Sales
Discretionary
Transportation/Fleet Service
Discretionary
Drive Through
Discretionary
Parking Lot
Discretionary
Parking Structure
Discretionary
Other
Accessory Use
Discretionary
Similar Use
Discretionary
Urban Villages and Corridors Typology
Urban Villages and Corridors (UVC) District
34
63
UVC General Regulations
(1)
Clustering of compatible commercial, institutional, and high-density residential uses is encouraged
to create mixed-use urban villages that serve several neighbourhoods.
(2)
Where a development consists of Multiple Unit Housing in conjunction with one or more non-
residential uses, all non-residential uses shall be deemed discretionary uses.
(3)
Mixed-use buildings must be developed with all non-residential uses, except home employment
accessory uses, located on lower floors.
(4)
Façades fronting a road must be developed with high-quality and visually appealing building
materials and architectural features.
(5)
Large walls with limited architectural details are not allowed on buildings over two storeys when:
(a)
facing a street; and
(b)
adjacent to residential development.
(6)
Where a proposed development may create nuisances or potential land use conflicts, appropriate
measures to mitigate negative impacts may be required including:
(a)
increased setbacks;
(b)
screening;
(c)
landscaping;
(d)
buffers; and
(e)
sound attenuation measures.
(7)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
64
UVC Building Height
The maximum building height is:
(1)
four storeys to a maximum of 16.0 m; or
(2)
a building height not more than six storeys to a maximum of 24.0 m, with consideration of the
following:
(a)
proximity of the site to a N-R1 District or N-R2 District; and
(b)
any other land use planning considerations or principles relevant to the circumstances of
a proposed development.
Urban Villages and Corridors Typology
Urban Villages and Corridors (UVC) District
35
65
UVC Setbacks
(1)
The minimum setbacks are as follows:
Land Use
Front Setback
Exterior Side
Setback
Interior Side
Setback
Rear Setback
Multiple Unit Housing
1.5 m
1.5 m
0.0 m
0.0 m
(2)
Notwithstanding Subsection (1) of this Section, where a site abuts a N-R1 District or N-R2 District
the minimum setback shall be 7.5 m.
(3)
Notwithstanding Subsection (1) of this Section, where a site context provides more than one rear
property line, the Development Authority shall establish rear setbacks for all rear property
lines.
(4)
Notwithstanding Subsection (1) of this Section, where a setback requirement of this district is
incompatible with the existing pattern of development, the Development Authority may establish
a setback requirement compatible with adjacent sites, the existing streetscape, and the character
of the surrounding neighbourhood.
Urban Villages and Corridors Typology
Urban Villages and Corridors (UVC) District
36
Urban Core Typology
Urban Villages and Corridors (UVC) District
37
Part 4: Urban Core Typology
Urban Core Typology
Urban Core (UC) District
38
Urban Core (UC) District
66
UC Purpose
Provide dense urban living opportunities within a hub of activity including a mix of commercial,
institutional, entertainment, cultural, and social service uses.
Support the South Saskatchewan River as an anchor of the Downtown through integrated and
contiguous public space.
Promote walkability and multi-modal transportation design and infrastructure.
67
UC Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Multiple Unit Housing (apartment)
Permitted
Multiple Unit Housing
(built forms other than apartment)
Discretionary
Health and Social Services
Continuing Care, Limited
Discretionary
Continuing Care, Minor
Discretionary
Continuing Care, Major
Discretionary
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Short Term Dwelling Rental
Permitted
Other Residential
Accessory Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Open Space
Public Park
Permitted
Community and Culture
School
Discretionary
Childcare Service
Permitted
Place of Worship, Minor
Permitted
Place of Worship, Major
Discretionary
Public Library
Permitted
Community Centre
Permitted
Cultural Centre
Permitted
Indoor Recreation Facility
Discretionary
Art Studio
Permitted
Social Organization
Permitted
Community Garden
Permitted
Health and Social Service
Health Care Office, Minor
Permitted
Health Care Office, Major
Permitted
Community Social Service
Permitted
Community Food Service
Permitted
Urban Core Typology
Urban Core (UC) District
39
Business, Professional and
Service
Office, Minor
Permitted
Office, Major
Permitted
Government Service
Permitted
Financial Institution
Permitted
Commercial School, Minor
Permitted
Business Support Service
Permitted
Retail and Consumer
Services
General Retail Store
Permitted
Liquor Store
Permitted
Cannabis Store
Permitted
Pawn Shop
Discretionary
Adult Novelty Store
Discretionary
Temporary Vendor
Permitted
Personal Service
Permitted
Household Service
Permitted
Dry Cleaner/Laundromat
Discretionary
Fitness/Wellness Centre, Minor
Permitted
Fitness/Wellness Centre, Major
Discretionary
Payday Loan
Discretionary
Food, Beverage, and
Entertainment
Restaurant, Limited
Permitted
Restaurant, Full Service
Permitted
Specialty Food Store
Permitted
Catering/Remote Food Service
Discretionary
Convention/Event Centre
Discretionary
Hotel
Discretionary
Amusement Establishment, Minor
Permitted
Bar
Discretionary
Animal Uses
Pet Service
Permitted
Pet Store
Permitted
Veterinary Clinic
Permitted
Vehicle Oriented
Transportation/Fleet Service
Discretionary
Parking Lot
Discretionary
Parking Structure
Discretionary
Other
Accessory Use
Discretionary
Similar Use
Discretionary
68
UC General Regulations
(1)
Where a development consists of Multiple Unit Housing in conjunction with one or more non-
residential uses, all non-residential uses shall be deemed discretionary uses.
(2)
Mixed-use buildings must be developed with all non-residential uses, except home employment
accessory uses, located on lower storeys.
Urban Core Typology
Urban Core (UC) District
40
(3)
Façades fronting a road must be developed with high-quality and visually appealing building
materials and architectural features.
(4)
Large walls with limited architectural details are not allowed on buildings over two storeys when:
(a)
fronting a road; and
(b)
adjacent to residential development.
(5)
The primary entrance to a building must face a property line abutting a road.
(6)
Buildings located on corner sites may, at the discretion of the Development Authority, be
required to provide additional public entrances from any façade fronting a road.
(7)
Components of a building including entrance features, arcades, awnings, canopies, and
courtyards must be incorporated into the overall design to enhance the streetscape and pedestrian
environment.
(8)
Buildings must step back storeys above the fourth storey, to the satisfaction of the Development
Authority.
(9)
The pedestrian-oriented Downtown streetscape shall be preserved and enhanced by:
(a)
prohibiting the development of new vehicle access from a street;
(b)
encouraging the closure of existing vehicle access from a street;
(c)
ensuring new development utilizes alleys for vehicle access to a site;
(d)
prohibiting the development of new parking areas within a front setback, interior side
setback, or exterior side setback;
(e)
encouraging infill over existing parking areas within a front setback, interior side
setback, or exterior side setback; and
(f)
ensuring new development supports pedestrian safety, connectivity, and accessibly.
(10)
New Drive Throughs are prohibited in this district.
(11)
The Municipal Planning Commission (MPC) shall be the Development Authority for Multiple
Unit Housing where a proposed development is more than six storeys.
(12)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
69
UC Building Height
(1)
The minimum building height is two storeys.
(2)
The maximum building height is:
(a)
six storeys to a maximum of 24.0 m; or
(b)
a building height greater than six storeys, at the discretion of the Development
Authority, with consideration of the following:
(1)
proximity of the site to a residential district,
(2)
provision of parking integrated into the building,
(3)
the proposed development consists of a mixed-use building with dwellings above
compatible non-residential uses, and
(4)
any other land use planning considerations or principles relevant to the
circumstances of a proposed development.
Urban Core Typology
Urban Core (UC) District
41
70
UC Setbacks
(1)
The required setbacks are as follows:
Land Use
Front Setback
(maximum)
Exterior Side
Setback
(maximum)
Interior Side
Setback
(minimum)
Rear Setback
(minimum)
All Uses
1.5 m
1.5 m
0.0 m
0.0 m
(2)
Notwithstanding Subsection (1) of this Section, the maximum front setback and exterior side
setback may be increased for the purpose of:
(a)
providing a contiguous setback that is compatible with existing development and results
in consistent setbacks along a streetscape;
(b)
accommodating the development of an entrance feature or other architectural component
of a building;
(c)
providing an area for outdoor seating, outdoor display areas, gathering or amenity areas,
or other active street level development; and
(d)
accommodating a technical constraint or planning consideration relevant to a proposed
development.
(3)
The maximum front setback and exterior side setback shall not be increased to accommodate
soft landscaping.
(4)
Notwithstanding Subsection (1) of this Section, where a setback requirement of this district is
incompatible with the existing pattern of development, the Development Authority may establish
a setback requirement compatible with adjacent sites, the existing streetscape, and the character
of the surrounding neighbourhood.
Urban Core Typology
Urban Core (UC) District
42
Special Use Typology
Urban Core (UC) District
43
Part 5: Special Use Typology
Special Use Typology
Planned Residential Community Special Use (SU-PRC) District
44
Planned Residential Community Special Use (SU-PRC) District
71
SU-PRC Purpose
Provide comprehensively planned communities that may include private common amenities and low-
impact non-residential uses that improve liveability.
72
SU-PRC Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Detached House
Permitted
Planned Residential Community
Permitted
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Short Term Dwelling Rental
Permitted
Other Residential
Accessory Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Other
Accessory Use
Discretionary
Community Garden
Permitted
Similar Use
Discretionary
73
SU-PRC General Regulations
(1)
Planned Residential Communities may be developed with private common amenities including:
(a)
community fencing and gates;
(b)
entrance features;
(c)
internal roads;
(d)
RV storage areas;
(e)
playgrounds;
(f)
community clubhouse or recreation facility; and
(g)
other community-oriented amenities.
(2)
Planned Residential Communities may be specifically designed for the development of
manufactured homes, mobile homes, modular homes, tiny homes, or other similar built forms.
(3)
A dwelling may be manufactured off-site provided that:
(a)
the hitch is removed upon placement on the site;
(b)
the building is placed on a full perimeter foundation or longitudinal floor beam with
skirting system; and
(c)
the building has a roof pitch and exterior finishing materials that are consistent with
dwellings in the immediate area.
(4)
Planned Residential Communities shall be developed with a minimum community amenity area
of 10 percent of the total site area.
Special Use Typology
Planned Residential Community Special Use (SU-PRC) District
45
(5)
All setbacks of internally oriented Planned Residential Communities shall be landscaped and
screened to the satisfaction of the Development Authority.
(6)
Subdivision and ownership structures of Planned Residential Communities shall be to the
satisfaction of the Development Authority.
(7)
Accessory accommodation may be allowed as a component of a Planned Residential
Community.
(8)
MPC shall be the Development Authority for new Planned Residential Communities.
(9)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
74
SU-PRC Building Height
The maximum building height is two storeys to a maximum of 10.0 m.
75
SU-PRC Site Width, Site Depth and Site Area
The minimum site width, minimum site depth, and minimum site area are as follows:
Land Use
Site Width
Site Depth
Site Area
Planned Residential
Community Site
-
-
3.5 ha
Individual Plot of a
Planned Residential
Community
9.0 m
26.0 m
234.0 m²
76
SU-PRC Setbacks
(1)
The minimum setbacks are as follows:
Land Use
Front Setback
Exterior Side
Setback
Interior Side
Setback
Rear Setback
Planned Residential
Community Site
6.0 m
6.0 m
6.0 m
6.0 m
Principal Dwelling
As required by the Development Authority
(2)
Notwithstanding Subsection (1) of this Section, the minimum front setback or exterior side
setback for a attached garage is:
(a)
a minimum of 6.0 m; or
(b)
a setback established by the Development Authority that ensures safe unobstructed
public sidewalks and vehicular manoeuvring,
whatever the site context requires.
Special Use Typology
Semi-Public Special Use (SU-SP) District
46
Semi-Public Special Use (SU-SP) District
77
SU-SP Purpose
Provide land for Golf Courses, Campgrounds, Cemeteries, and all development associated with
typical events, programs, services, amenities, and other on-site activities.
78
SU-SP Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Open Space
Public Park
Permitted
Golf Course
Permitted
Campground
Permitted
Bereavement Uses
Funeral Home
Permitted
Columbarium
Permitted
Crematorium
Permitted
Cemetery
Permitted
Retail and Consumer
Services
Temporary Vendor
Permitted
Other
Accessory Use
Discretionary
Similar Use
Discretionary
79
SU-SP General Regulations
(1)
All development must ensure:
(a)
protection of sensitive environmental areas;
(b)
safe and efficient vehicle manoeuvring and parking;
(c)
safe and convenient pedestrian connectivity;
(d)
mitigation of impacts to surrounding residential areas; and
(e)
operations and functions of Golf Courses, Campgrounds, and Cemeteries are not
negatively impacted.
(2)
Accessory accommodation may be allowed as a component of a Golf Course, Campground,
or Cemetery.
(3)
MPC shall be the Development Authority for Golf Courses, Campgrounds, and Cemeteries.
(4)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
Special Use Typology
Regional Park Special Use (SU-RP) District
47
Regional Park Special Use (SU-RP) District
80
SU-RP Purpose
Provide public land and amenities that promote Echo Dale Regional Park as a recreation and cultural
hub of activity for the City and region.
Support the enhancement of the events, programs, services, amenities, and other activities of Echo
Dale Regional Park.
81
SU-RP Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Open Space
Public Park
Permitted
Campground
Permitted
Community and Culture
Outdoor Recreation Facility
Permitted
Indoor Recreation Facility
Permitted
Community Garden
Permitted
Retail and Consumer
Services
Temporary Vendor
Permitted
Other
Accessory Use
Discretionary
Similar Use
Discretionary
82
SU-RP General Regulations
(1)
All development must ensure:
(a)
protection of sensitive environmental areas;
(b)
safe and efficient vehicle manoeuvring and parking;
(c)
safe and convenient pedestrian connectivity;
(d)
mitigation of impact to surrounding areas; and
(e)
operations and functions of Echo Dale Regional Park are not negatively impacted.
(2)
Accessory accommodation may be allowed in this district.
(3)
MPC shall be the Development Authority for Campgrounds, Outdoor Recreation Facilities,
and Indoor Recreation Facilities.
(4)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
Special Use Typology
Regional Commercial Special Use (SU-RC) District
48
Regional Commercial Special Use (SU-RC) District
83
SU-RC Purpose
Provide a wide range of vehicle-oriented development adjacent to highway and other major
transportation routes with convenient access for residents and the travelling public.
Capitalize on proximity to major transportation corridors, high visibility, adjacent anchor development,
and opportunities for development of vacant and underutilized land.
Support a variety of large-format commercial development, sports and entertainment uses, and
compatible low-impact light industrial uses.
84
SU-RC Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Community and Culture
Childcare Service
Discretionary
Place of Worship, Major
Discretionary
Community Centre
Discretionary
Cultural Centre
Discretionary
Art Studio
Permitted
Social Organization
Permitted
Health and Social Service
Health Care Office, Minor
Permitted
Health Care Office, Major
Permitted
Community Social Service
Discretionary
Community Food Service
Discretionary
Business, Professional and
Service
Office, Minor
Permitted
Office, Major
Permitted
Government Service
Permitted
Financial Institution
Permitted
Commercial School, Minor
Permitted
Business Support Service
Permitted
Self Storage, Indoor
Discretionary
Retail and Consumer
Services
General Retail Store
Permitted
Liquor Store
Permitted
Cannabis Store
Permitted
Pawn Shop
Discretionary
Adult Novelty Store
Discretionary
Temporary Vendor
Permitted
Home/Building Supply
Discretionary
Garden Centre
Discretionary
Personal Service
Permitted
Household Service
Permitted
Dry Cleaner/Laundromat
Discretionary
Fitness/Wellness Centre, Minor
Permitted
Fitness/Wellness Centre, Major
Permitted
Special Use Typology
Regional Commercial Special Use (SU-RC) District
49
Payday Loan
Discretionary
Food, Beverage, and
Entertainment
Restaurant, Limited
Permitted
Restaurant, Full Service
Permitted
Specialty Food Store
Permitted
Catering/Remote Food Service
Permitted
Convention/Event Centre
Discretionary
Hotel
Discretionary
Amusement Establishment, Minor
Permitted
Amusement Establishment, Major
Discretionary
Bar
Discretionary
Animal Uses
Pet Service
Permitted
Pet Store
Permitted
Veterinary Clinic
Permitted
Animal Kennel/Training Centre
Discretionary
Vehicle Oriented
Vehicle Fuel Station
Discretionary
Vehicle Fuel Station, Bulk
Discretionary
Vehicle Wash/Detailing
Discretionary
Vehicle Quick Service
Discretionary
Vehicle Service/Repair
Discretionary
Vehicle Body/Paint
Discretionary
Vehicle Sales
Discretionary
RV Sales/Service
Discretionary
Large Vehicle Sales/Service
Discretionary
Truck Stop
Discretionary
Transportation/Fleet Service
Discretionary
Drive Through
Discretionary
Parking Lot
Discretionary
Parking Structure
Discretionary
Light/Medium Industrial
Contractor Service, Minor
Discretionary
Other
Accessory Use
Discretionary
Funeral Home
Discretionary
Recyclables/Waste Depot
Permitted
Similar Use
Discretionary
85
SU-RC General Regulations
(1)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
Special Use Typology
Regional Commercial Special Use (SU-RC) District
50
86
SU-RC Building Height
The maximum building height is six storeys to a maximum of 24.0 m.
87
SU-RC Site Width and Site Depth
The minimum site width and minimum site depth are as follows:
Land Use
Site Width
Site Depth
All Uses
18.0 m
36.0
88
SU-RC Setbacks
(1)
The minimum setbacks are as follows:
Land Use
Front Setback
Exterior Side
Setback
Interior Side
Setback
Rear Setback
All Uses
3.0 m
3.0 m
0.0 m
3.0 m
(2)
Notwithstanding Subsection (1) of this Section, where a site abuts a residential district the
minimum setback on that side of the site is 7.5 m.
Special Use Typology
Airport Special Use (SU-AIR) District
51
Airport Special Use (SU-AIR) District
89
SU-AIR Purpose
Provide operational land for the Medicine Hat Regional Airport, aviation-related uses, and associated
airside development.
90
SU-AIR Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Infrastructure
Airport
Permitted
Municipal Depot
Permitted
Protective/Emergency Service
Permitted
Light/Medium Industrial
Commercial School, Major
Discretionary
Storage Yard
Permitted
Business, Professional and
Service
Government Service
Discretionary
Commercial School, Minor
Discretionary
Business Support Service
Discretionary
Vehicle Oriented
Transportation/Fleet Service
Discretionary
Parking Lot
Discretionary
Parking Structure
Discretionary
Other
Accessory Use
Discretionary
Similar Use
Discretionary
91
SU-AIR General Regulations
(1)
All development must ensure:
(a)
safe and efficient vehicle manoeuvring and parking;
(b)
safe and convenient pedestrian connectivity;
(c)
adequate provision of parking and drop-off areas; and
(d)
operations and functions of the Medicine Hat Regional Airport are not negatively impacted.
(2)
In accordance with Section 188 (Development Permit Exemption), developments associated with
airport operations are exempt from the requirement of a development permit.
(3)
Developments responsible for supporting airport operations may be allowed to have airside
access.
(4)
Excepting the parking of aircraft or any outdoor storage related to the operations of the Airport,
outdoor storage of goods, materials, or equipment is not permitted within the SU-AIR District.
(5)
Any development which would cause:
(a)
excessive or unsafe discharge of dust, smoke, or other emissions into the atmosphere;
(b)
radiation or interference by the use of electric or electronic equipment;
(c)
fire and explosive hazards;
(d)
excessively bright or unsafe lighting or use of electronic display;
Special Use Typology
Airport Special Use (SU-AIR) District
52
(e)
accumulation of any material or waste edible by, or attractive to birds; and
(f)
retention of overland drainage that could attract birds,
shall not be approved.
(6)
The Development Authority may establish development regulations specific to this district and,
in doing so, shall have regard to:
(a)
impact on adjacent uses;
(b)
location;
(c)
scale;
(d)
availability of services;
(e)
traffic generation;
(f)
quality of existing roads;
(g)
storm water drainage; and
(h)
any other relevant land use planning considerations.
(7)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
92
SU-AIR Building Height
Maximum building height shall be determined by the Development Authority in accordance with the
AZRO.
Special Use Typology
Infrastructure Special Use (SU-INF) District
53
Infrastructure Special Use (SU-INF) District
93
SU-INF Purpose
Provide land, buildings, structures, and systems of works, plant, equipment, and other related
components used for the production, transmission, delivery, or furnishing of a utility or service for
public consumption, benefit, or use.
Strategically locate public services, infrastructure, and utilities in an efficient manner that minimizes
impact to adjacent uses.
94
SU-INF Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Infrastructure
Public Utility, Major
Permitted
Renewable Energy System, Major
Permitted
Solid Waste Landfill
Permitted
Recyclables/Waste Depot
Permitted
Municipal Depot
Permitted
Protective/Emergency Service
Permitted
Light/Medium Industrial
Storage Yard
Permitted
Other
Accessory Use
Discretionary
Similar Use
Discretionary
95
SU-INF General Regulations
(1)
Large scale natural gas, solar, wind, co-generation, or other similar facilities shall be setback from
residential areas to the satisfaction of the Development Authority.
(2)
Public infrastructure that is located within residential and commercial areas shall be developed in
a manner that:
(a)
does not negatively impact residential uses or any other adjacent urban development; and
(b)
exhibits an attractive and high-quality design.
(3)
MPC shall be the Development Authority for a Public Utility, Major, Renewable Energy
System, Major, and Solid Waste Landfill.
(4)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
Special Use Typology
Direct Control Special Use (SU-DC) District
54
Direct Control Special Use (SU-DC) District
96
SU-DC Purpose
Allow Council to exercise particular control over the use and development of specific sites or
buildings in circumstances where, in the opinion of Council:
o
a proposed development does not fit into any other district,
o
a site or building requires a unique approach to establishing parameters for development,
o
a proposed development may result in high impacts to surrounding areas, or
o
there is inadequate statutory policy guidance.
97
Land Uses Requiring SU-DC District and Council Decision
(1)
Subject to Section 99, any use or development of land or a building on a site designated SU-
DC District must be approved by Council.
(2)
New development of the following uses must be located on a site designated SU-DC District and
decision must be made by Council:
(a)
Abattoir;
(b)
Addiction Service;
(c)
Adult Establishment;
(d)
Arena;
(e)
Bingo Hall;
(f)
Casino;
(g)
Community Shelter/Transitional Housing;
(h)
Confined Feeding Operation;
(i)
Correctional/Remand Centre;
(j)
Firearms Range;
(k)
Hospital;
(l)
Livestock Operation;
(m)
Military Base;
(n)
Post-Secondary Institution;
(o)
Special Recreation;
(p)
Supervised Consumption Site; and
(q)
Temporary Accommodation.
98
SU-DC General Regulations
(1)
Council may by resolution establish such parameters for development as it considers necessary
in respect of any site within this district, and in doing so may vary, relax, or waive:
(a)
any development regulation of this Bylaw; or
(b)
any provision of the Municipal Servicing Standards Manual (MSSM).
(2)
Council may by resolution issue any directions it considers appropriate to the MPC or City
Planner with respect to the power of the MPC or City Planner to make a decision on an application
for a development permit on any site in this district.
(3)
Subject to Subsection (5) of this Section, an application for approval of a development on a site
in this district in respect of which Council has passed a resolution under Subsection (2) of this
Section, shall be:
Special Use Typology
Direct Control Special Use (SU-DC) District
55
(a)
processed in the same manner as an application involving any other district; and
(b)
referred to the MPC or City Planner which shall make a decision whether to approve the
application for development permit with or without conditions, consistent with the
Council resolution.
(4)
An application for approval of a development on a site in this district in respect of which Council
has not yet passed a resolution under Subsection (2) of this Section, shall be referred to the MPC
which shall make recommendations to Council concerning:
(a)
whether a resolution should be passed by Council under Subsection (2) of this Section,
and if so, the proposed content of that resolution; and
(b)
whether the development should be approved, with or without conditions, and the content
of any conditions proposed,
and Council shall decide whether to pass a resolution under Subsection (2) of this Section and
whether to approve the proposed development, with or without conditions.
(5)
Despite Subsection (3) of this Section, if a Council resolution under Subsection (2) of this Section
specifically provides that Council and not the MPC or City Planner shall make a decision on any
application for development permit involving the site, then the MPC or City Planner shall
nevertheless deal with the application but shall make a recommendation to Council on whether to
approve the proposed development, with or without conditions, and Council shall make the
decision.
(6)
When a decision is made by the MPC or Council to approve a development involving a site in
this district, with or without conditions, a development permit corresponding to the decision shall
be issued by a person to whom the appropriate power of Development Authority has been
delegated.
99
SU-DC Approval for Minor Development
(1)
In accordance with Subsection 98(2), Council has established that a decision on a development
listed below on any site in this district shall be made by the City Planner:
(a)
a development listed in Section 188 (Development Permit Exemption);
(b)
a sign listed in Section 169 (Signs: Development Permit Exemption);
(c)
a sign requiring a development permit;
(d)
Home Business, Major;
(e)
Home Business, Minor;
(f)
Accessory Uses associated with an existing use;
(g)
accessory buildings associated with an existing use;
(h)
additions to existing buildings; and
(i)
on-site roads associated with an existing use.
Special Use Typology
Direct Control Special Use (SU-DC) District
56
Industrial Typology
Direct Control Special Use (SU-DC) District
57
Part 6: Industrial Typology
Industrial Typology
Light/Medium Industrial (I-LM) District
58
Light/Medium Industrial (I-LM) District
100 I-LM Purpose
Provide employment lands for a variety of industrial uses and other compatible businesses.
Facilitate transition between land uses and mitigation of impacts to adjacent non-industrial districts.
Ensure that development does not conflict with the operations of existing heavy industrial uses and
the future development of the I-H District.
101 I-LM Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Light/Medium Industrial
Contractor Service, Minor
Permitted
Contractor Service, Major
Permitted
Printing/Publishing/Distributing
Permitted
Commercial School, Major
Permitted
Industrial Support Service
Permitted
Industrial Operation, Minor
Permitted
RV Storage
Permitted
Private Storage
Discretionary
Self Storage, Outdoor
Permitted
Storage Yard
Permitted
Agricultural
Cannabis Production
Discretionary
Intensive Agriculture
Discretionary
Agricultural Supplies/Service
Permitted
Infrastructure
Recyclables/Waste Depot
Permitted
Municipal Depot
Permitted
Vehicle Oriented
Vehicle Fuel Station
Discretionary
Vehicle Fuel Station, Bulk
Discretionary
Vehicle Wash/Detailing
Permitted
Vehicle Quick Service
Permitted
Vehicle Service/Repair
Permitted
Vehicle Body/Paint
Permitted
Vehicle Sales
Permitted
RV Sales/Service
Permitted
Large Vehicle Sales/Service
Permitted
Transportation/Fleet Service
Permitted
Drive Through
Discretionary
Parking Lot
Discretionary
Bereavement Uses
Funeral Home
Discretionary
Crematorium
Discretionary
Office, Minor
Discretionary
Industrial Typology
Light/Medium Industrial (I-LM) District
59
Business, Professional and
Service
Office, Major
Discretionary
Government Service
Discretionary
Commercial School, Minor
Discretionary
Business Support Service
Discretionary
Self Storage, Indoor
Discretionary
Animal Uses
Pet Service
Discretionary
Pet Store
Discretionary
Veterinary Clinic
Discretionary
Animal Kennel/Training Centre
Discretionary
Animal Breeding Operation
Discretionary
Retail and Consumer
Services
General Retail Store
Discretionary
Liquor Store
Discretionary
Cannabis Store
Discretionary
Pawn Shop
Discretionary
Adult Novelty Store
Discretionary
Temporary Vendor
Discretionary
Home/Building Supply
Discretionary
Garden Centre
Discretionary
Personal Service
Discretionary
Household Service
Discretionary
Dry Cleaner/Laundromat
Discretionary
Fitness/Wellness Centre, Minor
Discretionary
Fitness/Wellness Centre, Major
Discretionary
Payday Loan
Discretionary
Food, Beverage, and
Entertainment
Restaurant, Limited
Discretionary
Restaurant, Full Service
Discretionary
Specialty Food Store
Discretionary
Catering/Remote Food Services
Discretionary
Convention/Event Centre
Discretionary
Amusement Establishment, Minor
Discretionary
Amusement Establishment, Major
Discretionary
Bar
Discretionary
Community and Culture
Indoor Recreation Facility
Discretionary
Art Studio
Discretionary
Health and Social Services
Health Care Office, Minor
Discretionary
Health Care Office, Major
Discretionary
Community Social Service
Discretionary
Community Food Service
Discretionary
Other
Data Centre
Permitted
Industrial Typology
Light/Medium Industrial (I-LM) District
60
Accessory Use
Discretionary
Similar Use
Discretionary
102 I-LM General Regulations
(1)
In addition to the requirements set out in Section 190 (Development Permit Application
Requirements), and consistent with the requirements of Section 124 (Infrastructure and Servicing
Capacity), an application for development permit for a Data Centre must be accompanied by
confirmation of adequate servicing capacity.
(2)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
103 I-LM Site Frontage and Site Area
The minimum site frontage and minimum site area are as follows:
Land Use
Site Frontage
Site Area
All Uses
30.0 m
1000 m²
104 I-LM Setbacks
(1)
The Development Authority shall establish setbacks compatible with adjacent sites and the
surrounding area.
Industrial Typology
Heavy Industrial (I-H) District
61
Heavy Industrial (I-H) District
105 I-H Purpose
Provide land for heavy industrial uses that are incompatible with urban development due to their
appearance, scale, or other impacts.
Strategically locate industrial development that may include high-risk operations, dangerous
substances, hazardous materials, noxious odours, hydrocarbon-based operations, emission of fine
particulate matter, or other industrial effects.
Ensure that industrial development does not impact the safety, use, amenity, or enjoyment of any
other district.
106 I-H Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Heavy Industrial
Industrial Operation, Major
Permitted
Chemical Plant
Permitted
Resource Extraction
Discretionary
Salvage Facility
Discretionary
Special Uses
Data Centre
Permitted
Special Recreation
(that legally existed on the date of enactment of this
Bylaw)
Discretionary
Firearms Range
(that legally existed on the date of enactment of this
Bylaw)
Discretionary
Other
Accessory Use
Discretionary
Similar Use
Discretionary
107 I-H General Regulations
(1)
New development of Special Recreation or Firearms Range is prohibited in this district.
(2)
Expansion or intensification of Special Recreation or Firearms Range is prohibited in this district.
(3)
In addition to the requirements set out in Section 190 (Development Permit Application
Requirements), and consistent with the requirements of Section 124 (Infrastructure and Servicing
Capacity), an application for development permit for a Data Centre must be accompanied by
confirmation of adequate servicing capacity.
(4)
MPC shall be the Development Authority for Resource Extraction, and Salvage Facility.
(5)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
108 I-H Site Area
The minimum site area is 5000 m².
Industrial Typology
Heavy Industrial (I-H) District
62
109 I-H Setbacks
(1)
The minimum setbacks are as follows:
Land Use
Front Setback
Exterior Side
Setback
Interior Side
Setback
Rear Setback
All Uses
15.0 m
15.0 m
15.0 m
15.0 m
(2)
Notwithstanding Subsection (1) of this Section, and in accordance with Section 163 (Use Specific
Rules - All Industrial Uses), the minimum setbacks shall be to the satisfaction of the
Development Authority.
Natural and Open Space Typology
Heavy Industrial (I-H) District
63
Part 7: Natural and Open Space Typology
Natural and Open Space Typology
Natural and Open Space (NOS) District
64
Natural and Open Space (NOS) District
110 NOS Purpose
Protect, conserve, rehabilitate, enhance, and manage as needed publicly owned sensitive
environmental areas in a manner that is environmentally responsible.
Provide low-impact public amenities for leisure, recreation, community, culture, and access to natural
areas and open space.
111 NOS Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Open Space
Public Park
Permitted
Community and Culture
Community Centre
Discretionary
Outdoor Recreation Facility
Discretionary
Cultural Centre
Discretionary
Community Garden
Discretionary
Retail and Consumer
Services
Temporary Vendor
Discretionary
Other
Accessory Use
Discretionary
Similar Use
Discretionary
112 NOS General Regulations
(1)
All development shall consider impacts to sensitive environmental areas and the protection,
conservation, rehabilitation, enhancement, and management of natural areas.
(2)
All development shall consider and incorporate, as required by the Development Authority,
relevant environmental assessments, studies, or reports.
(3)
Sensitive environmental areas may be developed with low-impact trails and amenities that:
(a)
facilitate passive and active recreation; and
(b)
form a component of a multi-modal transportation network.
(4)
Sensitive environmental areas may be developed with Temporary Vendors on a seasonal basis
or for special events.
(5)
Continuity between natural areas, open space, and public utility lots is encouraged through
landscaping and pedestrian connectivity.
(6)
Public infrastructure (e.g. flood mitigation infrastructure, public utilities) may be located within
sensitive environmental areas where all reasonable measures are taken to minimize impacts.
(7)
Where landscaping is allowed, xeriscaping and drought-resistant landscaping are encouraged.
(8)
Land dedicated as environmental reserve shall be designated as NOS District.
(9)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
Natural and Open Space Typology
Natural and Open Space (NOS) District
65
(d)
Part 12 (Airport Zoning Regulation Overlay).
Natural and Open Space Typology
Natural and Open Space (NOS) District
66
Future Urban Development Typology
Natural and Open Space (NOS) District
67
Part 8: Future Urban Development Typology
Future Urban Development Typology
Future Urban Development (FUD) District
68
Future Urban Development (FUD) District
113 FUD Purpose
Prohibit premature subdivision and development of land reserved for future urban growth consistent
with the Municipal Development Plan, other statutory plans, and the Municipal Servicing Standards
Manual.
Accommodate existing rural and agricultural activities in a manner that is compatible with
surrounding urban areas.
114 FUD Permitted and Discretionary Uses
Use Categories
Uses Allowed
Permitted or
Discretionary
Principal Dwellings
Detached House
(that legally existed on the date of enactment of this
Bylaw regardless of whether they are non-conforming
buildings or non-conforming uses)
Discretionary
Accessory Dwellings
Secondary Suite
Discretionary
Home Employment
Accessory Uses
Residential Day Home
Permitted
Remote Work
Permitted
Home Business, Minor
Discretionary
Home Business, Major
Discretionary
Bed and Breakfast
Permitted
Short Term Dwelling Rental
Permitted
Other Accessory
Residential Uses
Residential Accessory Building
Discretionary
Residential Accessory Structure
Discretionary
Retail and Consumer
Services
Temporary Vendor
Discretionary
Animal Uses
Animal Kennel/Training Centre
Discretionary
Animal Breeding Operation
Discretionary
Light/Medium Industrial
RV Storage
Discretionary
Self Storage, Outdoor
Discretionary
Storage Yard
Discretionary
Agricultural Uses
Extensive Agriculture
Discretionary
Intensive Agriculture
Discretionary
Other
Accessory Use
Discretionary
Similar Use
Discretionary
Future Urban Development Typology
Future Urban Development (FUD) District
69
115 FUD General Regulations:
(1)
Premature subdivision and development is prohibited.
(2)
Subdivision and development in the FUD District shall proceed in an orderly and economical
manner consistent with:
(a)
the South Saskatchewan Regional Plan;
(b)
the Tri-Area Intermunicipal Development Plan;
(c)
the MDP; and
(d)
any relevant statutory plans or outline plans.
(3)
Subdivision and development may be allowed, at the discretion of the Development Authority,
to accommodate:
(a)
municipal infrastructure;
(b)
an interim use of land for agricultural purposes, public parks, or outdoor recreation; and
(c)
subdivision or consolidation for the purposes of facilitating the land development process
and preparing for future greenfield development.
(4)
Low-impact temporary uses may be allowed where they can be easily removed.
(5)
Servicing standards for all development shall be to the satisfaction of the Development
Authority.
(6)
A proposed development in proximity to existing uses or urban development shall mitigate
negative impacts to the satisfaction of the Development Authority.
(7)
An existing use not listed in this district is a discretionary use if, at the time of the effective date
of this Bylaw, it was being carried on:
(a)
pursuant to a valid development permit; and
(b)
in accordance with the conditions of the development permit.
(8)
In addition to the development regulations in this district, all development must comply with:
(a)
Part 9 (Rules for All Districts);
(b)
Part 10 (Use Specific Rules);
(c)
Part 11 (Sign Rules); and
(d)
Part 12 (Airport Zoning Regulation Overlay).
116 FUD Density
A maximum of one principal dwelling is allowed on a site.
117 FUD Building Height:
The maximum building height is three storeys to a maximum of 12.0 m.
Future Urban Development Typology
Future Urban Development (FUD) District
70
Rules for All Districts
71
Part 9: Rules for All Districts
118 Application
The Rules for All Districts:
(1)
apply to all development in all districts unless a specific provision of this Bylaw narrows the
application of a Section or Subsection; and
(2)
are supplemented and not superseded by other development regulations unless a specific
provision of this Bylaw states otherwise.
119 Environmental
119.1 Environmental Assessment
(1)
The Development Authority may require an environmental site assessment, environmental
impact assessment, or other environmental report of any kind as supporting material to an
application for development permit or to a rezoning application, where in the opinion of the
Development Authority:
(a)
there may be a risk of any pre-existing contamination on or near the site; or
(b)
the proposed development may create an environmental risk to other lands.
(2)
If the Development Authority concludes, based on the content of an environmental site
assessment, environmental impact assessment, or other report required as supporting material
to an application for development permit, that:
(a)
there could be a risk to a proposed development from pre-existing contamination on or
near the site; or
(b)
a proposed development could create an environmental risk to other lands,
then regardless of whether the proposed development is a permitted use or a discretionary use
the Development Authority may:
(c)
approve the issuance of a development permit upon such conditions as the
Development Authority deems necessary to mitigate any risk associated with the
proposed development; or
(d)
refuse to approve the issuance of a development permit if the Development Authority
is of the opinion that there are no reasonable conditions of approval that could adequately
mitigate risk associated with the proposed development.
(3)
If an environmental site assessment, environmental impact assessment, or other report is
required as part of a provincial or federal approval process for a development, the Development
Authority may:
(a)
require the Applicant to provide a copy of the environmental site assessment or other
report; and
(b)
take its content into consideration in making a decision on an application for development
permit or in making a recommendation with respect to a rezoning application.
(4)
If the Development Authority concludes, based on the content of an environmental site
assessment, environmental impact assessment, or other report required by a provincial or
federal regulatory authority, that a proposed development could have a negative impact on the
environment, then regardless of whether the proposed development is a permitted use or a
discretionary use the Development Authority may:
Rules for All Districts
72
(a)
approve the issuance of a development permit upon such conditions as the
Development Authority deems necessary to mitigate negative impact on the
environment associated with the proposed development; or
(b)
refuse to approve the issuance of a development permit if the Development Authority
is of the opinion that there are no reasonable conditions of approval that could adequately
mitigate negative impact on the environment associated with the proposed development.
(5)
A proposed development does not conform to this Bylaw if, in the opinion of the Development
Authority, there are no reasonable conditions of approval that could adequately mitigate negative
impact on the environment associated with the proposed development.
119.2 Environmentally Sensitive Area
(1)
For the purpose of promoting environmental stewardship, when reviewing an application for a
development permit, rezoning application, or subdivision, the Development Authority shall
consider:
(a)
the sensitive environmental areas identified in the Municipal Development Plan;
(b)
the Stepping Back from the Water management practices guide in determining setback
distances from the edge of a water body;
(c)
the requirement for a biophysical study of any kind; and
(d)
the requirement for increased setbacks beyond the development setback line from the
top of escarpment or bottom of escarpment as a design requirement in order to:
(1)
provide for public access to natural areas,
(2)
provide for public trails and pedestrian connectivity,
(3)
protect significant public views,
(4)
provide the opportunity for scenic single-loaded streets, or
(5)
allow adequate space for wildlife corridors.
120 Geotechnical
(1)
Where the overall slope exceeds 15 percent (8.5 degrees) but is less than or equal to 33 percent
(18 degrees), the development setback line for developments near the top of escarpment will
be determined by the Development Authority but must not be closer than six metres to the top
of escarpment and no variance to this minimum six metre setback is allowed except pursuant to
Subsection (4) of this Section.
(2)
Where the overall slope exceeds 33 percent (18 degrees) the development setback line will be
determined by the Development Authority, and an Applicant for a development permit must
provide a geotechnical report containing a recommendation as to the location of the development
setback line.
(3)
The development setback line for developments near the bottom of escarpment is either:
(a)
6.0 m from the bottom of escarpment; or
(b)
a distance from the bottom of escarpment that is equal to the difference in vertical
elevation between the bottom of escarpment and the top of escarpment immediately
above it;
whichever is the greater setback, and no variance to this minimum setback distance is allowed
except pursuant to Subsection (4) of this Section.
(4)
Notwithstanding Subsections (1) through (3) of this Section, when a development is proposed to
be located, in whole or in part, closer to top of escarpment or bottom of escarpment than the
development setback line, the Development Authority may issue a development permit with
a variance upon such conditions as it deems appropriate, only if the Applicant has provided a
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geotechnical report which states that the development itself, its potential occupants, and any
existing or potential new developments in the vicinity will not be at risk.
(5)
Notwithstanding Subsection (1) of this Section, if a geotechnical report indicates a need for a
development setback line further than 6.0 m from top of escarpment or bottom of escarpment
in a particular location, the Development Authority may establish a different development
setback line for a development in that location.
121 Flood Hazard
121.1 Application
(1)
The development regulations of this Section shall apply to:
(a)
land and buildings identified in the flood studies and maps of the Alberta Flood Hazard
Identification Program as being within the flood hazard area; and
(b)
land and buildings identified in a site-specific flood study as being within the flood hazard
area.
(2)
The Development Authority may require an Applicant to provide documentation, including a site
plan with geodetic elevations, confirming whether a proposed development, a site, or any land or
building that is the subject of an application for development permit, is within the flood hazard
area.
(3)
The development regulations of this Section apply and prevail when there is any conflict between
this Section and any other requirement of this Bylaw.
121.2 General Flood Hazard Area Regulations
(1)
For the purpose of promoting public safety and mitigating the potential impacts from flooding within
the flood hazard area, the Development Authority shall consider:
(a)
the Stepping Back from the Water management practices guide;
(b)
the environmental stewardship policies of the MDP as it relates to flood hazard risk
considerations;
(c)
the potential for a proposed development to negatively impact sensitive environmental
areas;
(d)
the potential for a proposed development to negatively impact public safety;
(e)
the potential for a proposed development to sustain damage from a flood;
(f)
the potential for a proposed development to negatively impact adjacent sites;
(g)
the potential for a proposed development to adversely alter the hydraulics of the
floodway;
(h)
whether a proposed development:
(1)
is protected by neighbourhood-scale flood mitigation infrastructure,
(2)
is protected by site-specific flood proofing,
(3)
will result in the continuation of a viable existing development,
(4)
will result in the redevelopment of a previously viable development,
(5)
will result in a change in the intensity of an existing development,
(6)
will result in a change of use to a more appropriate development, and
(7)
should be prohibited within, or in proximity to, the flood hazard area; and
(i)
any other land use planning considerations or principles relevant to the circumstances of
a development.
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(2)
The Development Authority may establish a development regulation or allow a variance
specific to any development in any district for the purpose of promoting public safety and
mitigating the potential impacts from flooding within the flood hazard area.
121.3 Prohibited in the Floodway
The following development or activities are prohibited in the floodway:
(1)
removal of mature natural vegetation or other significant natural features that contribute to soil
stability when not associated with an approved development;
(2)
excavation or alteration of grade when not associated with an approved development;
(3)
indoor or outdoor storage of chemicals, explosives, flammable liquids, toxic or waste materials, or
any other potentially harmful substance;
(4)
storage or stockpiling of dirt, sand, gravel, or other similar aggregates; and
(5)
any other use, development or activity that may, in the opinion of the Development Authority,
result in:
(a)
a negative impact on public safety, or
(b)
an increase in the potential impacts from flooding,
within the flood hazard area.
121.4 Existing Development in the Floodway
(1)
Existing development within the floodway may continue where:
(a)
a use is a non-conforming use, or
(b)
a building is a non-conforming building.
(2)
Repair or maintenance of existing buildings or structures is allowed in the floodway when
associated with an existing development.
121.5 New Development in the Floodway
(1)
New development within the floodway may be allowed when associated with the following:
(a)
low-impact development associated with a Public Park;
(b)
Extensive Agriculture;
(c)
public utilities and infrastructure approved by the authority having jurisdiction;
(d)
erosion control;
(e)
site-specific flood proofing;
(f)
neighbourhood-scale flood mitigation infrastructure; or
(g)
any other use Council considers appropriate.
(2)
New development within the floodway shall be designed to:
(a)
mitigate potential impacts to public safety;
(b)
mitigate potential risk to damage from a flood;
(c)
mitigate the potential to adversely alter the hydraulics of the flood hazard area, and
(d)
provide site-specific flood proofing, to the satisfaction of the Development Authority.
(3)
New development within the floodway shall mitigate potential impacts to:
(a)
sensitive environmental areas;
(b)
water quality;
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(c)
public safety;
(d)
public or private property;
(e)
emergency flood response;
(f)
existing development; or
(g)
any other relevant planning considerations or principals.
(4)
Where a proposed development within the floodway consists of a new use not included in
Subsection 121.5(1), or an increase in the intensity of an existing development, or expands an
existing development into the floodway, the site that is the subject of the proposed development
must be zoned SU-DC District and Council must make the decision to approve or refuse the
proposed development.
121.6 New Development in the Flood Fringe
(1)
The Development Authority may impose conditions of approval on new development in the
flood fringe for the purpose of promoting public safety and mitigating the potential impacts from
flooding within the flood hazard area, and in doing so shall consider the following requirements:
(a)
locating a development on a site to be outside of the flood hazard area;
(b)
using fill to raise the elevation of a site or building;
(c)
constructing a berm or floodwall around a site or building;
(d)
raising a building on posts, piles, or piers;
(e)
designing a building to have a minimum main floor elevation above the designated flood
level;
(f)
designing a building to locate habitable spaces at a minimum main floor elevation above
the designated flood level;
(g)
designing a building to have a minimum building opening elevation (MBOE);
(h)
designing a building to have a watertight basement;
(i)
designing a building to have wet floodproofing;
(j)
locating mechanical and electrical equipment above the designated flood level;
(k)
designing a building to have no basement;
(l)
designing a building to have a manually closing back water valve;
(m)
designing private or public roads to provide emergency access; and
(n)
any other considerations, or principles relevant to the circumstances of a development in
the flood hazard area.
122 Historic Resources
122.1 General Historic Resources Regulations
The Development Authority may establish a development regulation or allow a variance to ensure that
a proposed development on a site containing a National Historic Site, Provincial Historic Resource, or
Municipal Historic Resource:
(1)
is consistent with the requirements of a designation bylaw or any other form of legal protection for
a Historic Resource;
(2)
is consistent with the Standards and Guidelines for the Conservation of Historic Places in Canada;
and
(3)
will not negatively impact the heritage value or character-defining elements of an Historic
Resource.
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122.2 Interventions to Municipal Historic Resources and Areas
(1)
In accordance with the Historical Resources Act, no person shall destroy, disturb, alter, restore, or
repair an Historic Resource without the written approval of Council or a person appointed by
Council for this purpose.
(2)
Application and approval for an intervention to a Municipal Historic Resource or Municipal
Historic Area is required to ensure that:
(a)
a proposed development is consistent with the requirements of the designation bylaw for
the Municipal Historic Resource or Municipal Historic Area;
(b)
a proposed development is consistent with the Standards and Guidelines for the
Conservation of Historic Places in Canada; and
(c)
a proposed development will not negatively impact the heritage value or character-
defining elements of the Municipal Historic Resource or Municipal Historic Area.
122.3 Land Uses on Historic Sites
(1)
Notwithstanding any other provision of this Bylaw, if a building or site is or becomes an Historic
Resource, the Development Authority has the discretion to allow a development that is not a
permitted use, discretionary use, or Similar Use in the district in question, provided that:
(a)
the development is not inconsistent with the purpose statement for the district; and
(b)
the development does not alter or detract from the visual appearance of the character-
defining elements of the Historic Resource.
(2)
A development permit authorizing a development in accordance with Subsection 122.3(1) shall
be approved subject to conditions deemed appropriate for the purpose of ensuring compliance
with Subsection 122.1 (1) through (3).
122.4 Heritage Resources Policy
In accordance with the Heritage Resources Policy, and to promote heritage awareness and preservation,
all applications for development or demolition for property listed on the Heritage Inventory must be
circulated for comment to the Heritage Resources Working Group.
122.5 Municipal Historic Areas
(1)
In accordance with the Historical Resources Act:
(a)
Council may designate and protect Municipal Historic Areas through the adoption of
designation bylaws; and
(b)
a Municipal Historic Area that is designated by adoption of a bylaw is deemed to form
part of this Bylaw.
(2)
The following Municipal Historic Areas are designated by bylaw in accordance with the Historical
Resources Act:
(a)
First Street South Municipal Historic Area Designation Bylaw No. 4212; and
(b)
Saratoga Park Municipal Historic Area Designation Bylaw No. 4645.
123 Health, Safety and Nuisance
(1)
Unless otherwise allowed by this Bylaw or through a development permit, the use or
development of land or buildings must not create a health or safety risk, or an excessive
nuisance to any other site, by reasons of generation of:
(a)
noise, vibration, odour, light, or glare;
(b)
smoke, dust, particulate matter, or other emissions;
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(c)
parking congestion, vehicular traffic, or impacts to pedestrian safety;
(d)
electronic interference;
(e)
toxic or noxious hazards;
(f)
fire and explosive hazards;
(g)
radiation hazards;
(h)
excessive heat or humidity;
(i)
refuse matter, waste, or waterborne waste; or
(j)
any other impact that, in the opinion of the Development Authority, creates a health or
safety risk, or excessive nuisance to any other site.
(2)
In determining the significance of a potential health and safety risk or nuisance, the Development
Authority shall consider:
(a)
the magnitude of the health and safety risk or nuisance;
(b)
the extent, frequency, and duration of exposure to the health and safety risk or nuisance
by the impacted sites;
(c)
the existing uses and sensitivity of impacted sites to a health and safety risk or nuisance;
(d)
any professionally prepared health, safety, or nuisance assessment; and
(e)
any other land use planning considerations or principles relevant to a proposed
development and the potential for health and safety risk or excessive nuisance.
123.2 Health and Safety Assessment
If a proposed development poses a potential hazard, or risk to health and safety, the Development
Authority:
(1)
shall require as part of an application for development permit a professionally prepared risk
assessment to the satisfaction of the Development Authority; and
(2)
may, through a condition(s) of development permit approval, require that the development
incorporate recommendations of a risk assessment; or
(3)
may refuse the application for development permit.
123.3 Nuisance Assessment
If a proposed development presents the possibility of excessive nuisance, the Development Authority:
(1)
shall require as part of an application for development permit, a professionally prepared nuisance
assessment to the satisfaction of the Development Authority; and
(2)
may, through a condition(s) of development permit approval, require that the development
incorporate recommendations of the nuisance assessment; or
(3)
may refuse the application for development permit.
123.4 Mitigating Land Use Conflicts
(1)
In consideration of the potential impacts from a proposed development, the Development
Authority may require mitigation measures related to any aspect of a proposed development
including:
(a)
building location and orientation;
(b)
the size, number, location, and orientation of building openings;
(c)
screening, landscaping, views and sight lines, signage, sound attenuation, building
materials, parking, vehicle circulation, garbage collection, or similar activities;
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(d)
hours of operation of a use;
(e)
outdoor speakers or amplification systems; and
(f)
any other planning considerations or principals relevant to the mitigation of land use
conflicts.
(2)
An application for development permit may be refused if the direct or cumulative impacts of
existing and proposed development in proximity to one another may result in excessive nuisance,
on-street parking congestion, vehicle traffic, impacts to pedestrian safety, or any other direct or
cumulative land use conflict.
124 Infrastructure and Servicing Capacity
(1)
The Development Authority shall require confirmation that a development or a site that is the
subject of an application for development permit, subdivision, or rezoning application shall be
adequately serviced with:
(a)
sanitary sewage collection, treatment, and disposal;
(b)
water supply, treatment, and distribution;
(c)
storm water collection and storage;
(d)
electric power and natural gas servicing capacity;
(e)
road infrastructure capacity and access points;
(f)
telecommunications services; and
(g)
protective and emergency services and fire suppression measures.
(2)
The Development Authority may require such documentation as the Development Authority
deems necessary to confirm that a development or a site shall be adequately serviced.
(3)
A proposed development does not conform to this Bylaw if, in the opinion of the Development
Authority, there are no reasonable conditions of approval that could adequately mitigate
infrastructure and servicing constraints.
125 Oil and Gas Infrastructure
(1)
Subdivision and development shall adhere to the required setbacks, as identified in relevant
provincial legislation, plans, or guiding documents, with regard to energy infrastructure including
active oil and gas wells, abandoned oil and gas wells, sour gas facilities, and pipelines.
(2)
In accordance with the Subdivision and Development Regulation, all applications for development
permit must include a declaration of abandoned wells.
(3)
No building, structure, or foundation of any kind is allowed within the following distance of a
producing oil well or gas well:
(a)
100.00 m; or
(b)
at such other distance not less than 50.00 m that may be allowed by a provincial regulatory
authority having jurisdiction.
(4)
No building, structure, or foundation of any kind is allowed within the following radius of a shut-in
or abandoned oil well or gas well:
(a)
5.00 m radius; or
(b)
a radius in excess of 5.00 m, where such larger radius as required by the Development
Authority.
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126 Non-Conforming Uses and Buildings
(1)
If a development permit has been issued on or before the day on which this Bylaw, or a land
use amendment bylaw comes into force and the bylaw would make the development in respect
of which the development permit was issued a non-conforming use or non-conforming
building, the development permit continues in effect despite the coming into force of the bylaw.
(2)
A non-conforming use of land or a building may be continued, but if that use is discontinued for
a period of six consecutive months or more, any future use of the land or building must conform
with this Bylaw.
(3)
A non-conforming use of part of a building may be extended throughout the building but the
building, whether or not it is a non-conforming building, may not be enlarged or added to and
no structural alterations may be made to it or in it.
(4)
A non-conforming use of part of a site may not be extended or transferred in whole or in part to
any other part of the site and no additional buildings may be constructed on the site while the
non-conforming use continues.
(5)
A non-conforming building may continue to be used but the building may not be enlarged,
added to, rebuilt, or structurally altered except:
(a)
to make it a conforming building; or
(b)
for routine maintenance of the building, if the Development Authority considers it
necessary.
(6)
Notwithstanding Subsection (5) of this Section, and in accordance with Subsection 643(5)(c) of
the MGA, the Development Authority may issue a variance allowing a non-conforming
building to be enlarged, added to, rebuilt, or structurally altered where, in the opinion of the
Development Authority:
(a)
the proposed development is generally consistent with the purpose and intent of the
district;
(b)
the proposed development will not result in additional non-compliance with the
requirements of the district or other development regulations of this Bylaw;
(c)
there is no significant change to the use of the site or an increase in intensity of the use;
and
(d)
the proposed development meets the requirements of Section 640(6) of the MGA, where:
(1)
the proposed development would not unduly interfere with the amenities of the
neighbourhood, or
(2)
the proposed development would not materially interfere with or affect the use,
enjoyment, or value of neighbouring sites.
(7)
If a non-conforming building is damaged or destroyed to the extent of more than 75 per cent of
the value of the building above its foundation, the building may not be repaired or rebuilt except
in accordance with this Bylaw.
(8)
The use of land or a building is not affected by a change of ownership or tenancy of the land or
building.
127 Non-Conforming Sites
Where an existing site does not conform to the minimum site frontage or minimum site depth requirement
of the district in which it is located, a development permit in respect of that site may be issued if:
(1)
the proposed development complies with all other applicable provisions of this Bylaw; and
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(2)
in the opinion of the Development Authority, the conditions set out in Subsection 640(6) of the
MGA are met, where:
(a)
the proposed development would not unduly interfere with the amenities of the
neighbourhood; or
(b)
the proposed development would not materially interfere with or affect the use, enjoyment,
or value of neighbouring sites.
128 Design, Character and Appearance
(1)
Site and building design, character, and appearance shall be to the satisfaction of the
Development Authority, to ensure, as far as practicable, that development is compatible with,
and complementary to, surrounding areas.
(2)
The Development Authority may establish development regulations or allow variances
specific to site and building design, character, and appearance as it relates to any application for
development in any district, and in doing so shall consider:
(a)
the objectives and policies of the MDP and any relevant statutory plan;
(b)
the proximity of a site or building to other sites, buildings, uses, or districts and the
potential impacts;
(c)
the context of a site including:
(1)
the existing site and building design, character, and appearance of development
in the surrounding area,
(2)
the proximity of, and interface between, a site or building with a road, park, or
natural area,
(3)
the interface between, and connections to, a development and the public realm,
(4)
transportation infrastructure and services, including transit and pedestrian
connectivity and accessibility,
(5)
opportunities for supporting multiple modes of active transportation,
(6)
the development constraints of a site including gas wells, utility infrastructure,
servicing capacity, flooding hazard, geotechnical characteristics, environmental
contamination, and proximity to sensitive environmental areas, and
(7)
public and private views and vistas;
(d)
site design including:
(1)
the ability of a site to accommodate, where necessary, integral components of a
development including vehicle access, egress, on-site loading, manoeuvring and
queuing, fire lanes and other emergency access, solid waste management, and
stormwater management,
(2)
the location of buildings and other components of a development in relation to
the site context,
(3)
the integration of multiple uses on a site and proximity to uses on adjacent sites,
(4)
the integration of pedestrian paths, trails, courtyards, plazas, patios, gathering
areas, and other pedestrian connections and amenity areas,
(5)
the integration of principles of Crime Prevention Through Environmental
Design (CPTED),
(6)
the potential impacts from shadows from a development on adjacent sites, and
(7)
the potential impacts to privacy from a development on adjacent sites;
(e)
site landscaping including:
(1)
the location of hard and soft surfacing elements,
(2)
the use of landscaping as screening or as a buffer,
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(3)
the use of landscaping to improve aesthetics,
(4)
the integration of landscaping into pedestrian connections and amenity areas,
and
(5)
opportunities for xeriscaping;
(f)
parking areas including:
(1)
where parking occurs on a site and its relation to site context and site design,
(2)
the number of off-street parking stalls including accessible parking stalls, visitor
parking stalls, and staff parking stalls,
(3)
accessible pedestrian connections to and from parking areas and other
components of a development,
(4)
the screening or buffering of parking areas from adjacent sites,
(5)
the integration of landscaping in a parking area to improve aesthetics, and
(6)
opportunities for parking to be located below grade or enclosed within a building;
(g)
building massing including:
(1)
the general shape, form, size, and height of a building or structure in comparison
to adjacent sites, and
(2)
the potential impacts to adjacent sites from building massing including aesthetics,
privacy, views, or shadows;
(h)
building architecture including:
(1)
the use of modern or traditional exterior finishing materials on a building or
structure that are of high quality and are consistent or complementary to adjacent
sites, and
(2)
the integration of architectural elements such as glazing, entrance features,
arcades, awnings, courtyards, patios, or canopies into the design of a building;
and
(i)
any other relevant site and building design, character, and appearance considerations or
principles.
129 Crime Prevention Through Environmental Design
The Development Authority may establish development regulations for the purpose of promoting public
safety and, in doing so, shall consider the principals of CPTED and the need for, and ability of, a use,
development, or site:
(1)
to provide for natural surveillance from the public realm to private spaces by way of:
(a)
clear sightlines,
(b)
door placement,
(c)
window placement,
(d)
lighting,
(e)
physical layout and site design,
(f)
limiting areas of concealment, and
(g)
integrating the pedestrian network with building entrances;
(2)
to provide landscaping that does not impact natural surveillance from the public realm;
(3)
to ensure that the main public entrance to a building is clearly marked and provides for natural
surveillance;
(4)
to provide security lighting in strategic locations;
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(5)
to provide security cameras and signage in strategic locations;
(6)
to use walkways, signs, landscaping, and hard surfacing elements to clearly identify property
lines and areas of a site that are designated as off-limits to the public and deter unauthorized
access;
(7)
to maintain landscaping and lighting, keeping sites free of garbage and graffiti, and repairing
damaged or unsafe buildings and structures;
(8)
to limit opportunities for loitering; and
(9)
to address any other principals of CPTED deemed by the Development Authority to be
necessary and appropriate to address any other relevant public safety matters.
130 Pedestrian Connectivity
(1)
For all uses except a Detached House and Semi-Detached Housing, a pedestrian walkway must
be constructed that connects the public entrance of a principal building to:
(a)
an adjacent road, pedestrian crossing, sidewalk, trail, or other pedestrian connection;
(b)
parking associated with the development; and
(c)
any other component of a development where, in the opinion of the Development
Authority, pedestrian connectivity is deemed necessary.
(2)
Notwithstanding Subsection (1) of this Section, the Development Authority may allow a variance
to the requirement for a pedestrian walkway where an Applicant demonstrates that the absence
of a pedestrian walkway will not pose a material safety risk to pedestrians.
(3)
A pedestrian walkway must:
(a)
be a minimum width of 1.60 m;
(b)
be constructed of a hard-surfaced material to the satisfaction of the Development
Authority;
(c)
contain no obstructions including any display of goods or vending machines;
(d)
consider CPTED principles in the design;
(e)
contain lighting that is designed and situated to be useful to pedestrians; and
(f)
be protected from vehicles through:
(1)
having an elevation above the elevation of any adjacent parking lot, or
(2)
the use of barriers or landscaping.
131 Vehicle Access
131.1 Application of Vehicle Access Rules
(1)
This Section applies to uses for which a development permit is issued after the date of enactment
of this Bylaw and where vehicle access is provided from a road:
(a)
to a non-residential use;
(b)
to an internal private roadway; or
(c)
to accessory parking areas of Multiple Unit Housing or a mixed-use development.
(2)
This Section does not apply to residential driveways.
131.2 Number of Vehicle Access Points
(1)
A site may have vehicle access either:
(a)
directly from a road or alley; or
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(b)
through another property over which an access easement has been registered on the
appropriate land title certificate(s).
(2)
A site is restricted to one vehicle access per frontage except in the case of:
(a)
a site larger than 1.00 hectare; or
(b)
multiple sites for which joint vehicle access is provided.
(3)
A site is restricted to a total of one vehicle access per site except where, in the opinion of the
Development Authority, an additional vehicle access is warranted based on the following criteria:
(a)
the density of the site;
(b)
site constraints;
(c)
emergency vehicle access;
(d)
traffic volume; or
(e)
any other relevant access considerations or principals.
(4)
A maximum of one vehicle access point shall connect to an internal private roadway unless, in
the opinion of the Development Authority, additional vehicle access points are warranted based
on the following criteria:
(a)
the density of the site;
(b)
site constraints;
(c)
emergency vehicle access;
(d)
traffic volume; or
(e)
any other relevant access considerations or principals.
131.3 Vehicle Access Point Design
(1)
Vehicle access to a site must:
(a)
be located a minimum of 15.00 m from the intersection of two or more roads where at
least one of them is a collector road or arterial road, and a minimum of 6.00 m from the
intersection of any other two roads if neither is an alley; and
(b)
be connected to a turning space on the site that is large enough and designed
appropriately so that vehicles leaving the site are not required to back onto a collector
road or an arterial road.
(2)
The Development Authority may, as a condition of development permit approval, impose any
design or location requirements with respect to vehicle access that it deems appropriate in the
interest of a development or the general public, including that vehicle access points:
(a)
be located so as to avoid impeding traffic flow on a road;
(b)
be consolidated on sites containing more than one development, or between adjacent
sites containing compatible uses;
(c)
be either two directional or one directional;
(d)
be signed in any manner the Development Authority deems fit; and
(e)
be designed with vehicle egress stacking spaces that the Development Authority deems
adequate.
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132 Residential Driveways
132.1 Residential Driveways, Landscaping and Off-Street Parking
(1)
All yards that are visible from a road, except for portions of the yard that are not covered by an
approved residential driveway, must be landscaped to the satisfaction of the Development
Authority.
(2)
Parking vehicles or RVs over portions of any yard that is not an approved residential driveway is
prohibited.
132.2 Existing Residential Driveways within the General Urban Typology
(1)
Refer to Section 11 (Suburban and General Urban Typology Map) to determine whether a site is
within the Suburban Typology or General Urban Typology.
(2)
An existing residential driveway that provides direct access from a road:
(a)
may be replaced;
(b)
must not be expanded beyond 6.0 m in width;
(c)
must be setback from an intersection of two roads by a combined distance of the corner
curb radius plus 2.0 m measured from the edge of the driveway to the curbface of the
parallel road;
(d)
must not provide access to a collector road or arterial road;
(e)
must only provide access to a local road;
(f)
must not conflict with municipal infrastructure or boulevard trees within the road right-of-
way;
(g)
must not result in a grade change to the sidewalk that it crosses;
(h)
must be hard-surfaced with concrete, asphalt, pavers, or other similar material;
(i)
must not negatively impact the existing streetscape; and
(j)
must not negatively impact traffic or pedestrian connectivity and safety.
(3)
Notwithstanding Subsection 132.2(2), an existing residential driveway that connects to an arterial
road or collector road may not be allowed to be replaced or expanded where, in the opinion of
the Development Authority, the driveway negatively impacts traffic or pedestrian connectivity
and safety.
132.3 New Residential Driveways within the General Urban Typology
(1)
Refer to Section 11 (Suburban and General Urban Typology Map) to determine whether a site is
within the Suburban Typology or General Urban Typology.
(2)
A new residential driveway that provides direct access from a road may be allowed, at the
discretion of the Development Authority, where:
(a)
the policy of any relevant statutory plan does not prohibit direct driveway access from a
road; or
(b)
there is no practical alternative of vehicle access to the site.
(3)
A new residential driveway that provides direct access from a road must:
(a)
not exceed 6.0 m in width;
(b)
be setback from an intersection of two roads by a combined distance of the corner curb
radius plus 2.0 m measured from the edge of the driveway to the curbface of the parallel
road;
(c)
not provide access to a collector road or arterial road;
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(d)
only provide access to a local road;
(e)
not conflict with municipal infrastructure or boulevard trees within the road right-of-way;
(f)
not result in a grade change to the sidewalk that it crosses;
(g)
not negatively impact the existing streetscape; and
(h)
not negatively impact traffic or pedestrian connectivity and safety.
132.4 Residential Driveways within the Suburban Typology
(1)
Refer to Section 11 (Suburban and General Urban Typology Map) to determine whether a site is
within the Suburban Typology or General Urban Typology.
(2)
A new residential driveway that provides direct access from a road may be allowed, at the
discretion of the Development Authority, where the policy of any relevant statutory plan does
not prohibit direct driveway access from a road.
(3)
A residential driveway that provides direct access from a road must:
(a)
not exceed 2/3 of the site width or 10 m, whichever is less;
(b)
be setback from an intersection of two roads by a combined distance of the corner curb
radius plus 2.0 m measured from the edge of the driveway to the curbface of the parallel
road;
(c)
not provide access to a collector road or arterial road;
(d)
only provide access to a local road;
(e)
not conflict with municipal infrastructure or boulevard trees within the road right-of-way;
(f)
must not result in a grade change to the sidewalk that it crosses;
(g)
be hard-surfaced with concrete, pavers, asphalt, or other similar material within two years
of occupancy of the development;
(h)
not negatively impact the existing streetscape; and
(i)
not negatively impact traffic or pedestrian connectivity and safety.
(4)
Notwithstanding Subsection 132.4(3), a residential driveway that provides direct access from a
road may connect to a collector road or arterial road where:
(a)
in the opinion of the Development Authority, there is no practical alternative for vehicle
access to the site; or
(b)
the driveway connecting to a collector road is planned and identified within a statutory
plan or non-statutory plan (i.e. Area Structure Plan, Area Redevelopment Plan, or Outline
Plan).
133 Parking
133.1 General Parking Regulations
(1)
The off-street parking design requirements set out in Subsection 133.3 (Off-Street Parking
Design), do not apply to a development in existence on the date of enactment of this Bylaw if
the gross floor area (GFA) of the development on that date is not increased.
(2)
If a development permit is issued that authorizes an increase to the GFA of an existing use,
additional off-street parking may be required, whether or not there is an increase in intensity of
the development.
(3)
If a proposed modification or alteration of an existing development is intended to result in a change
of use or an increase in intensity of use, the Development Authority may attach conditions to a
development permit for the purpose of ensuring that the off-street parking is brought into
compliance with the development regulations of this Section.
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(4)
All new off-street parking provided in connection with a development that is approved after the
date of enactment of this Bylaw must conform to the parking design requirements set out in
Subsection 133.3 (Off-Street Parking Design) regardless of whether the parking is required under
this Bylaw or is provided voluntarily.
(5)
Parking vehicles or RVs over portions of any yard that is not an approved residential driveway is
prohibited.
133.2 Off-Street Parking Required
(1)
In determining the required off-street parking, it is the intent of the Development Authority:
(a)
to achieve an economical and beneficial development pattern within a walkable and high-
quality built environment;
(b)
that the use of land and buildings on a site is optimized through increased floor area
ratio;
(c)
that a proposed development would not result in underutilized land; and
(d)
that an adequate number of parking stalls is provided for the use or uses under
consideration in terms of:
(1)
the anticipated parking needs of a proposed use or uses,
(2)
the design of a site and its ability to accommodate off-street parking, and
(3)
the surrounding context of a site and how its location may affect parking needs.
(2)
The Development Authority shall establish the number of off-street parking stalls required and
in doing so shall consider:
(a)
the objectives and policies of the MDP and any relevant statutory plan;
(b)
a detailed description of the proposed development as it relates to off-street parking needs
including:
(1)
in the case of a residential development, the number of dwellings and the
number of bedrooms per dwelling,
(2)
in the case of a non-residential development, the GFA of all principal buildings,
(3)
accessible parking stalls,
(4)
staff parking stalls,
(5)
visitor/customer parking stalls,
(6)
pick-up/drop-off parking stalls,
(7)
bicycle storage area(s),
(8)
electric vehicle charging stations,
(9)
the amount of visitor/customer seating for the proposed development,
(10)
whether the proposed development includes a waiting area for visitors/customers,
and
(11)
the number of visitors/customers that a proposed development can accommodate
at the same time;
(c)
the provision of site design components including:
(1)
safe and accessible pedestrian connections,
(2)
vehicle access and egress,
(3)
on-site vehicle manoeuvring, queuing, and loading,
(4)
fire lanes and other emergency access,
(5)
tandem parking spaces,
(6)
snow storage areas,
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(7)
waste management, and
(8)
surface drainage patterns and stormwater management;
(d)
the context of a site including:
(1)
the location of the proposed development,
(2)
the intensity of the proposed development,
(3)
the proximity to public amenities and services,
(4)
the proximity to public transit,
(5)
the proximity to active transportation infrastructure,
(6)
the proximity to, amount of, and potential impacts to adjacent public on-street
parking, and
(7)
any constraints to development of the site;
(e)
any shared parking agreements; and
(f)
any other planning considerations and principals relevant to the parking needs of a
proposed development.
133.3 Off-Street Parking Design
(1)
Off-street parking must:
(a)
be surface treated with asphalt, concrete, pavers, or at the discretion of the Development
Authority, a suitable similar material;
(b)
in the case of an Accessory Use parking lot, subject to Section 130 (Pedestrian
Connectivity), include an unobstructed pedestrian walkway that provides a barrier-free
path of travel to connect the parking lot to a main public entrance to a principal building
that it serves;
(c)
be designed so that vehicles are not required to back out of a parking stall onto a road;
and
(d)
be landscaped in accordance with Section 135.5 (Landscaping in Off-Street Parking
Areas).
(2)
A parking stall must:
(a)
for residential uses:
(1)
have a minimum width of 2.75 m, or 3.00 m when located adjacent to a barrier
such as a wall, fence, or column, and
(2)
have a minimum depth of 6.00 m, or in the case of a parallel parking stall a
minimum length of 7.00 m;
(b)
for non-residential uses:
(1)
have a minimum width of 3.00 m, and
(2)
have a minimum depth of 6.00 m, or in the case of a parallel parking stall a
minimum length of 7.00 m;
(c)
for all uses:
(1)
be set back a minimum of 2.00 m from a façade of a building,
(2)
have a minimum vertical clearance of 2.50 m,
(3)
be clear of any obstructions, and
(4)
not be located in a required setback.
(3)
The minimum width of a drive aisle for off-street parking is:
(a)
7.50 m for 90° parking;
(b)
5.50 m for 60° parking; and
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(c)
3.60 m for 45° parking and parallel parking.
(4)
When a parking stall abuts a walkway, a wheelstop must be provided and set back 0.60 m from
the front edge of the parking stall.
133.4 Barrier-Free Parking Stalls
(1)
Barrier-free parking stalls shall be developed in accordance with the Safety Codes Act, except in
accordance with the development regulations listed below.
(2)
The number of barrier-free parking stalls required for a development shall be determined having
regard to the considerations within Subsection 133.2 (Off-Street Parking Required).
(3)
Barrier-free parking stalls must:
(a)
be identified through the use of appropriate signage and ground surface demarcation;
(b)
have a minimum width of 3.00 m;
(c)
be developed with a barrier-free access aisle with a minimum width of 2.4 m where the
access aisle abuts the stall and is demarcated to indicate no parking;
(d)
be developed with a barrier-free path of travel with a minimum width of 2.4 m leading to
the nearest barrier-free entrance; and
(e)
be developed with a curb ramp or ramp, to the satisfaction of the Development Authority,
with consideration of the following:
(1)
a ramp may be required to be designed as part of an access aisle,
(2)
a curb ramp width shall be a minimum of 1.5 m,
(3)
a curb ramp depth shall be a minimum of 1.5 m,
(4)
a curb ramp slope shall be a maximum of 1/12, and
(5)
in the case of a parallel barrier-free parking stall, the access aisle and curb ramp
shall be located in front of, or behind the stall and demarcated to indicate no
parking.
134 Drainage
(1)
It shall be a condition of every development permit that includes a building which is constructed,
placed, or erected after the enactment of this Bylaw, that within two years of occupancy of the
development, required grading and landscaping must be completed for the purpose of ensuring
that all surface water is drained away from all sides of the building and facilitate site grading and
a surface drainage pattern that does not negatively impact any adjacent site.
(2)
Despite Subsection (1) of this Section, the Development Authority may grant a variance for
design or construction of a building that does not provide for drainage of surface water from all
sides of the building, if in the opinion of the Development Authority:
(a)
suitable alternative arrangements are included in the design and construction of the
building; and
(b)
there will be no adverse impact on the development or on adjacent lands, resulting from
not providing for drainage of surface water from all sides of the building.
(3)
Where a surface drainage plan exists for any area of the City as a term of any agreement entered
into as a condition of subdivision approval or as a condition of a development permit, every
development within that area must include landscaping or surface grading that conforms to the
surface drainage plan.
(4)
Where no surface drainage plan exists, every development must be designed and constructed to
direct surface water toward an adjoining road, alley, drainage work, or in accordance with a
surface drainage pattern to the satisfaction of the Development Authority.
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135 Landscaping
135.1 Application of Landscaping Regulations
(1)
Landscaping shall be an integral component of new developments on vacant sites, and
redevelopment of existing uses, while recognizing that provision of additional landscaping may
not always be feasible when lands are redeveloped or when an increase in intensity of an existing
use is proposed.
(2)
The Development Authority may allow as conditions of approval, landscaping alternatives that:
(a)
enhance the streetscape by addition of landscaping:
(1)
between any building and an adjacent road, or
(2)
in the parking areas adjacent to a road;
(b)
enhance vehicular and pedestrian safety and circulation;
(c)
improve aesthetics;
(d)
provide screening of visual impacts;
(e)
allow for storm water infiltration, transpiration, and evaporation;
(f)
improve microclimate; and
(g)
provide for any other land use planning considerations or principles relevant to the
circumstances of a site and surrounding areas.
135.2 General Landscaping Regulations
The following regulations apply to on-site landscaping in all districts where it is required:
(1)
landscaping materials shall be selected based on:
(a)
the context of the site,
(b)
hardiness, disease-resistance, and drought, salt, and Chinook tolerance, and
(c)
maintenance characteristics;
(2)
when landscaping is required adjacent to a boulevard, the tree species chosen must complement
the existing boulevard trees;
(3)
landscaping shall not block sight lines for pedestrians and vehicles:
(a)
within 1.0 m from the back of sidewalk, or
(b)
from the back of the curb or edge of the adjacent road if there is no sidewalk;
(4)
landscaping shall not interfere with the effectiveness of lighting within a parking area or
boulevard;
(5)
the Development Authority shall determine:
(a)
the minimum number of trees or shrubs for every landscaped area,
(b)
the maximum height of trees or shrubs for every landscaped area,
(c)
the minimum distance between the ground and the lowest branches of any tree,
(d)
the minimum caliper width at the time of planting in the case of deciduous trees, and
(e)
the minimum height at the time of planting in the case of evergreen trees;
(6)
any tree or shrub that does not survive must be replaced within one year of discovery or of being
notified of the situation by the Development Authority;
(7)
landscaping shall be adequately irrigated to ensure the healthy growth of vegetation; and
(8)
All landscaping must be completed within two years of occupancy of the development.
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135.3 Landscaping in Residential Districts
(1)
All yards that are visible from a road, except for portions of the yard that are not covered by an
approved residential driveway, must be landscaped to the satisfaction of the Development
Authority.
(2)
A minimum of one tree per dwelling must be planted within the front yard, exterior side yard, or
adjacent boulevard. At the discretion of the Development Authority several shrubs may be
planted in lieu of a tree.
(3)
Parking vehicles or RVs over portions of any yard that is not an approved residential driveway is
prohibited.
135.4 Landscaping in Non-Residential Districts
(1)
The following landscaping is required for developments in all non-residential districts except the
I-LM District, I-H District, SU-RP District, and UC District:
(a)
a 3.0 m landscaped strip adjacent to a property line that abuts a road; and
(b)
additional landscaping as determined by the Development Authority:
(1)
that is adjacent to a building having a building height greater than 12 m, to
reduce the impact of the building mass,
(2)
that enhances a pedestrian connection between the primary entrance of a
building and the adjacent road,
(3)
that is adjacent to a property line that abuts a residential district,
(4)
that provides a buffer between uses on adjacent sites, and
(5)
that is within a parking area in accordance with the requirements set out in
Subsection 135.5 (Landscaping in Off-Street Parking Areas).
(2)
The following landscaping is required for developments in the I-LM District and I-H District:
(a)
a 3.0 m strip adjacent to a property line that abuts a collector road or arterial road; and
(b)
additional landscaping as determined by the Development Authority:
(1)
that is adjacent to a property line that abuts a non-industrial district, and
(2)
that provides a buffer between uses on adjacent sites.
135.5 Landscaping in Off-Street Parking Areas
(1)
Landscaping shall be incorporated into the design of off-street parking with consideration to the
following:
(a)
interface with the streetscape;
(b)
vehicular and pedestrian safety and circulation;
(c)
aesthetics;
(d)
screening of visual impacts;
(e)
storm water infiltration;
(f)
microclimate; and
(g)
any other land use planning considerations or principles relevant to the circumstances of
a site and surrounding areas.
(2)
The following rules apply to off-street parking in the N-R3 District, N-R4 District, N-C2 District,
UVC District, SU-RC District and SU-AIR District:
(a)
landscaping shall be provided:
(1)
within concrete curb islands located at the end of every parking aisle,
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(2)
where needed to define a drive aisle, and
(3)
as required by the Development Authority to screen or improve the aesthetics
of parking areas;
(b)
all landscaping within off-street parking areas must:
(1)
be designed to be protected from damage by a raised concrete curb a minimum
of 0.15 m above the grade of the adjacent asphalt,
(2)
be a minimum of 15.0 m² with a width not less than 2.5 m and a length not less
than 6.0 m, and
(3)
be landscaped with trees, shrubs, ornamental grasses, or perennial flowers, to
the satisfaction of the Development Authority.
(c)
at the discretion of the Development Authority, a concrete curb island may contain
concrete where soft landscaping is not practical.
136 Screening
(1)
The Development Authority may establish screening requirements for all development.
(2)
The scale, nature, and components of a use or development that shall be screened, may include:
(a)
outdoor on-site activities or equipment;
(b)
garbage collection areas;
(c)
solid waste and grease bins;
(d)
outdoor storage areas;
(e)
loading docks;
(f)
mechanical equipment; and
(g)
any other component of a use or development that, in the opinion of the Development
Authority, requires screening.
(3)
In determining screening requirements, the Development Authority shall consider the proximity
of a proposed development to:
(a)
residential districts and uses;
(b)
major public roads or community gateways;
(c)
a Public Park;
(d)
a trail;
(e)
municipal reserve;
(f)
environmental reserve, sensitive environmental areas; and
(g)
any other use or development that, in the opinion of the Development Authority, is
sensitive to visual impacts from a proposed development.
(4)
All screening shall be complementary to the design, character, and appearance of the surrounding
area.
(5)
The Development Authority may require a view-shed impact assessment to determine the
potential impacts to public or private views from a proposed development.
137 Lighting
(1)
The Development Authority may establish lighting requirements for all development.
(2)
The type, location, height, brightness, colour, or any other characteristic of outdoor lighting must:
(a)
not be a hazard to vehicle traffic or pedestrians;
(b)
not interfere with traffic safety;
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(c)
not interfere with the effectiveness of any traffic control device;
(d)
not cause excessive illumination beyond the site where the use is located;
(e)
not be directed towards or adversely illuminate adjacent sites;
(f)
be arranged, directed, or shielded to deflect, shade, and focus light away from adjacent
sites and uses;
(g)
provide adequate lighting for vehicle and pedestrian circulation and parking areas;
(h)
provide lighting consistent with CPTED principles;
(i)
be appropriately scaled to its purpose and avoid over-lighting; and
(j)
satisfy any other land use planning considerations or principles relevant to the
development of a site and surrounding areas.
(3)
A comprehensive lighting plan may be required for any development in any district to ensure that
the lighting of a development does not cause a risk to health and safety or create excessive
nuisance.
138 Outdoor Storage
(1)
Outdoor storage must:
(a)
not be located within the front yard of any site; and
(b)
be located to the rear or sides of a principal building.
(2)
All outdoor storage shall be screened, to the satisfaction of the Development Authority, from:
(a)
adjacent sites;
(b)
public roads; and
(c)
the public realm.
(3)
Land used for outdoor storage shall be screened from an adjacent road or use by a wooden fence
or other thing of equal screening value and shall be:
(a)
not less than 2.0 m in height; and
(b)
not more than 2.5 m in height.
(4)
The material stored shall not be piled higher than the height of the screening provided.
139 Outdoor Display Areas
An outdoor display area must:
(1)
be associated with a non-residential use;
(2)
not obstruct a pedestrian walkway or vehicle manoeuvring;
(3)
not be placed on public property; and
(4)
not be placed over any landscaped area.
140 Waste Management
(1)
All forms of waste including solid waste, recyclable materials, cooking oils, or grease shall be
contained:
(a)
entirely within a building; or
(b)
within an outdoor waste receptacle screened by an enclosure that:
(1)
is not less than 2.00 m high with no waste exceeding the height of the screening,
and
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(2)
is constructed of an opaque material such as brick, masonry, stucco, or wood but
may not be a chain link fence with slats.
(2)
Despite Subsection (1)(b) of this Section, the Development Authority may allow an outdoor waste
receptacle that is not screened by an enclosure, in respect of a site:
(a)
that is located or configured in such manner that it would be impossible or impractical to
service the waste receptacle if it were screened; or
(b)
where a waste receptacle is designed in a manner that minimizes negative visual impacts,
to the satisfaction of the Development Authority.
141 Projections Into Setbacks
Every part of any yard required by this Bylaw shall be open and unobstructed by any structure or other
thing, except that:
(1)
wheelchair ramps and lifting devices may be located in any required setback;
(2)
a yard may contain any customary architectural or functional structure or feature of a building
such as windowsills, cornices, eaves, gutters, chimneys, pilasters, canopies, or window bays,
provided that:
(a)
no such structure or feature shall project more than 0.60 m into any required setback;
and
(b)
the total combined length of all projections must not exceed 40 percent of the length of
the façade on each storey; and
(3)
a fence that complies with the height restrictions of this Bylaw is allowed along any property line,
or between a property line and a principal building for the purpose of establishing a barrier
between a side yard and a front yard or rear yard.
142 Building Height Exceptions
At the discretion of the Development Authority, building height restrictions of this Bylaw may not apply
to:
(1)
spires, domes, belfries, towers, or other architectural features associated with a Place of Worship;
(2)
chimneys;
(3)
clock towers and flagpoles;
(4)
data communication towers and antennas in a non-residential district;
(5)
water storage tanks;
(6)
monuments;
(7)
silos used for agricultural purposes and silos in an industrial district;
(8)
aggregate processing facilities;
(9)
buildings associated with a municipal service including recreational buildings; and
(10)
agricultural buildings.
143 Corner Visibility Triangles
(1)
Subject to Subsection (2) of this Section, no development or portion of a development is allowed
within a corner visibility triangle.
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(2)
Landscaping and fences are allowed within a corner visibility triangle if they allow for a clear
sight line through the whole of the corner visibility triangle at all vertical elevations between 0.90
m and 2.50 m from surface grade.
144 Prohibited Development
(1)
The following are prohibited when associated with a residential district or use:
(a)
barb wire or electrical fencing;
(b)
storage of a dilapidated vehicle unless it is located inside of an enclosed building;
(c)
storage of a large vehicle except while actively engaged in loading or unloading;
(d)
storage of vehicles, equipment, materials, or products not typically associated with a
residential use;
(e)
the keeping of livestock, unless otherwise allowed under the provisions of this Bylaw,
any other City bylaw, or any enactment; or
(f)
any object which, in the opinion of the Development Authority, may pose a risk to health
or safety, or result in an excessive nuisance.
(2)
The following are prohibited in all districts:
(a)
signage unless specifically allowed by Part 11 of this Bylaw;
(b)
the use of a vehicle, RV, accessory building, shipping container or any other thing as
a dwelling unless otherwise allowed under the provisions of this Bylaw, any other City
bylaw, or any enactment; or
(c)
any other thing which, in the opinion of a Development Authority, is unsightly or may
pose a health risk, safety risk, or excessive nuisance to the surrounding area.
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95
Part 10:
Use Specific Rules
Residential Use Rules
145 All Residential Uses
145.1 General Residential Use Rules
(1)
Residential development shall:
(a)
have a residential character and appearance;
(b)
be compatible with existing development in scale, massing, materials, colour, and other
aesthetic characteristics;
(c)
be compatible with the existing streetscape;
(d)
not negatively impact pedestrian connectivity;
(e)
not unduly infringe on the privacy of adjacent sites; and
(f)
not unduly block sunlight to adjacent sites.
(2)
The Development Authority shall consider cumulative impacts to parking, traffic, servicing
capacity, and other planning considerations, resulting from intensification within existing
neighbourhoods.
(3)
Residential development shall provide, to the satisfaction of the Development Authority,
emergency response access to the principal entrance of all dwellings.
(4)
Residential development with large walls adjacent to roads or open spaces shall provide building
articulation, variety of material types, colour variations, and landscaping to improve aesthetics.
(5)
Residential development with side windows and/or balconies shall:
(a)
not locate such features directly facing similar features of adjacent sites, or
(b)
mitigate any undue impact to privacy of adjacent sites.
(6)
Residential development shall consider the policies of relevant statutory plans or non-statutory
plans including Area Structure Plans, Area Redevelopment Plans, or Outline Plans.
(7)
Residential development shall consider connection to, and integration of, multi-modal
transportation infrastructure.
(8)
Residential development shall support neighbourhood form and structure through appropriate
transitions between varying levels of residential density.
(9)
Development of large residential sites (e.g. bareland condominiums, mobile home parks, cluster
housing) must not disrupt neighbourhood connectivity.
(10)
Residential development adjacent to potential nuisances or incompatible uses shall provide
appropriate measures to mitigate impacts, including increased setbacks, landscaping, buffers,
and sound attenuation barriers.
(11)
Sites and dwellings shall be used for residential purposes only except as otherwise allowed by a
provision of this bylaw or a development permit.
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145.2 RV, Boat and Trailer Storage
(1)
For a site developed with a Detached House, Semi-Detached Housing, Stacked Duplex
Housing, Stacked Triplex Housing, or Row Housing a maximum of two RVs, boats, or utility
trailers are allowed to be stored outdoors on a site, but only one may be stored within the front
yard or side yard on a driveway.
(2)
An RV, boat, or utility trailer stored on a site must not:
(a)
occupy or obstruct access to any off-street parking;
(b)
be used for sleeping, food preparation, or personal hygiene;
(c)
be located closer than 0.5 m from a property line; and
(d)
be within any corner visibility triangle.
(3)
Parking RVs over portions of any yard that is not an approved residential driveway is prohibited.
146 Multiple Unit Housing
(1)
Must have separate, individual access to each dwelling either at grade, or to grade, from an
interior or exterior stairwell or a common entrance and internal hallway system.
(2)
May be required to step back storeys above the 4th storey in order to mitigate privacy and shadow
impacts on surrounding areas.
(3)
An apartment-style, mixed-use building:
(a)
must not have dwellings and non-residential uses located on the same storey of a
building; and
(b)
must have a separate entrance from any dwelling in the same building, either from the
outside or from a common indoor landing.
(4)
Where Multiple Unit Housing is internally oriented, the entire perimeter of the site must be
developed with a buffer to the satisfaction of the Development Authority, consisting of:
(a)
a 6.0 m setback developed with landscaping; and
(b)
a uniform community fence that provides screening.
(5)
Cluster housing, condominiums, and other similar development formats may include private
common amenities including:
(a)
community fencing, gates, and entrance features;
(b)
internal roads;
(c)
guest parking;
(d)
RV storage areas or common storage building;
(e)
playgrounds; and
(f)
gathering and amenity areas.
147 Secondary Suite
(1)
A Secondary Suite must:
(a)
have cooking, food preparation, sleeping, and sanitary facilities which are physically
separate from the principal dwelling;
(b)
have an entrance to the exterior that is separate from the entrance for the principal
dwelling, or share an entrance to a common interior landing with the principal dwelling;
(c)
not be subject to separation from the principal dwelling through a condominium
conversion or subdivision; and
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(d)
not contain more than two bedrooms.
(2)
A Secondary Suite may be developed within a principal dwelling of Semi-Detached Housing
or Row Housing:
(a)
in a district where it is a listed use and conforms with this Bylaw; and
(b)
where the Semi-Detached Housing or Row Housing is subdivided to create fee simple
lots.
148 Backyard Suite
(1)
A Backyard Suite must:
(a)
contain cooking, food preparation, sleeping, and sanitary facilities;
(b)
be located on a site where there is access:
(1)
to an alley, or
(2)
to a secondary frontage from a corner site;
(c)
be located within a rear yard;
(d)
have an entrance from the exterior of the building that is separate from the vehicle
entrance;
(e)
not exceed 85 m² in GFA, excluding the floor area of a covered deck or stairway;
(f)
not exceed 15% site coverage;
(g)
not be subject to separation from the principal dwelling through a condominium
conversion or subdivision; and
(h)
contain not more than two bedrooms.
(2)
The setbacks for a Backyard Suite are as follows:
(a)
the minimum interior setback and exterior setback shall be the same as the minimum
setback requirements of the principal dwelling on the same site;
(b)
the minimum rear setback is:
(1)
1.5 m, where a Backyard Suite has vehicle doors that face an alley, or
(2)
0.6 m, where a Backyard Suite has vehicle doors that do not face an alley; and
(c)
the minimum setback between a Backyard Suite and the principal dwelling on the
same site is 4.0 m.
(3)
To reduce overlook into yards and windows of adjacent sites, the windows of a Backyard Suite
may be required to be:
(a)
facing an alley, a flanking street, or a specific yard of an adjacent site;
(b)
off-set from the window placement of dwellings on adjacent sites;
(c)
located in conjunction with landscaping or the placement of other accessory buildings;
(d)
located above eye level; and
(e)
translucent.
(4)
The Development Authority shall consider:
(a)
provision of at least one off-street parking stall;
(b)
design, character, and appearance of the surrounding area;
(c)
cumulative impact with other existing or approved development in the surrounding area;
and
(d)
any other relevant land use planning considerations or principles.
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149 Remote Work
(1)
Must be carried on in a manner that is subordinate to the principal use.
(2)
Must not offer or sell any goods or services to any individual attending on or about the site where
the use is located.
(3)
May be operated from a Residential Accessory Building.
150 Home Business, Minor and Major
(1)
Must not conflict with or alter the residential character of the surrounding area.
(2)
Must be carried on in a manner that is subordinate to the principal use of the site as a dwelling.
(3)
Must not create:
(a)
a risk of harm to the health or safety of any person; or
(b)
a risk of adverse impact on surrounding areas including excessive:
(1)
nuisance,
(2)
noise, smoke, odours, dust,
(3)
light or glare,
(4)
electronic interference,
(5)
on-street parking congestion,
(6)
vehicular traffic, or
(7)
impacts to pedestrian safety.
(4)
Must not display any form of signage related to the home business.
(5)
Must not offer or sell any goods, unless such goods are incidental and related to the service
provided by the home business.
(6)
Must not receive any vehicle visits or customer visits except by appointment.
(7)
May be operated from a Residential Accessory Building.
(8)
May include minor outdoor activities associated with the home business on the site.
(9)
May incorporate the following activities:
(a)
production of art or provision of art classes at a small-scale;
(b)
pet grooming, off-site pet walking and exercising, off-site pet waste clean-up;
(c)
administrative, consulting, financial, information, management, professional and
technological services;
(d)
small-scale sign making, woodworking, catering and food preparation, home and office
cleaning, delivery services, security services, information technology services, repair and
service of personal effects or household goods;
(e)
individual and small group instruction and training in music, grade school and post-
secondary school tutoring;
(f)
outpatient counselling, massage therapy, or physiotherapy;
(g)
contractor's, trades, and landscaper's office;
(h)
photography, salon, fitness, health and wellness services, small-scale production and/or
retail of clothing and accessories, crafts, or personal care items;
(i)
mobile services provided off-site including mobile cooking operations, auto mechanics,
personal services, IT services, house cleaning; and
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(j)
any other business deemed by the Development Authority to be compatible in a district
that allows residential uses.
(10)
Must not incorporate the following activities:
(a)
activities of an Adult Establishment;
(b)
businesses that are or should be licensed under the Escort Service Bylaw;
(c)
veterinary services, animal breeding, kennels, boarding, shelters, or impoundment;
(d)
inpatient medical services;
(e)
on-site services of an industrial nature where impacts are not confined to the site;
(f)
on-site retail of groceries, alcoholic beverages, building materials, confectionary, tobacco,
or pharmaceuticals; and
(g)
any other business deemed by the Development Authority to be incompatible in a
district that allows residential uses.
(11)
The Development Authority may impose the following conditions of approval on a home
business:
(a)
a dwelling may be allowed:
(1)
not more than one Home Business, Major,
(2)
not more than two Home Business, Minors, or
(3)
not more than one Home Business, Major and one Home Business, Minor;
(b)
that not more than two vehicles and not more than one trailer related to the home
business may be parked on or about the site where the use is located, provided that no
vehicle is a large vehicle;
(c)
any requirements for additional off-street parking stalls;
(d)
the prohibition of, or requirements for, the outdoor storage of vehicles, trailers, materials,
tools, products, equipment, or any other thing related to the home business on or about
the site;
(e)
the prohibition of, or requirements for, the type, frequency and nature of outdoor business
activities related to the home business that are allowed to take place on or about the
site;
(f)
the prohibition of, or requirements for, the type, frequency and nature of any business
activities that are allowed to be performed by any employee(s) who attends the site;
(g)
the type and scope of screening required in respect of any outdoor business activities
that are allowed to take place on the site;
(h)
the maximum GFA that may be used in connection with the home business;
(i)
the duration of development approval;
(j)
the maximum number of vehicle visits or customer visits allowed to occur each day;
(k)
the hours and days of the week during which vehicle visits are allowed to occur; and
(l)
any other conditions deemed by the Development Authority to be necessary or
appropriate to address any other relevant land use planning matters or principles or to
mitigate land use conflicts.
151 Bed and Breakfast
(1)
A Bed and Breakfast must:
(a)
be developed on a site containing a Detached House;
(b)
not display on or about the site any form of signage related to the use except for one non-
illuminated identification sign 0.5 m² in area that is visible from the front street;
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(c)
be restricted to a maximum of three guest rooms; and
(d)
comply with the Province of Alberta Bed and Breakfast Health Standards and Guidelines.
(2)
Guest rooms may be located within a Residential Accessory Building.
152 Short Term Dwelling Rental
(1)
Must be located in a dwelling that contains not more than four bedrooms.
(2)
May accommodate a maximum of eight guests at one time.
(3)
Must not be developed with kitchen facilities within the bedrooms.
(4)
Must not display any form of on-site advertising related to the Short Term Dwelling Rental.
153 Residential Accessory Building
153.1 Garages, Carports, Sheds and Other Buildings
(1)
The development regulations for Residential Accessory Buildings are as follows:
Development Regulation
Residential Accessory Building
(greater than 10 m²)
Residential Accessory Building
(no greater than 10 m²)
Maximum Building Height
5.5 m
3.7 m
Interior Side Setback
0.6 m with no roof projection closer
than 0.45 m to the property line
0.45 m with no roof projection closer
than 0.30 m to the property line
Exterior Side Setback
Suburban Typology
General Urban Typology
3.0 m
1.2 m
3.0 m
1.2 m
Rear Setback
direct vehicle access to alley
-----------------------------------
indirect vehicle access to
alley
-----------------------------------
no vehicle access
1.5 m
----------------------------------------------
0.6 m with no roof projection closer
than 0.45 m to the property line
----------------------------------------------
0.6 m with no roof projection closer
than 0.45 m to the property line
n/a
----------------------------------------------
n/a
----------------------------------------------
0.45 m with no roof projection closer
than 0.30 m to the property line
Maximum GFA
85 m²
10 m²
Total Site Coverage
(maximum combined)
15 %
(2)
Notwithstanding Subsection (1) of this Section, a detached garage may have a reduced interior
side setback to 0.0 m where the garage is designed with a demising wall on a property line.
(3)
Notwithstanding Subsection (1) of this Section, an attached garage or attached carport is
considered a part of the principal building and is subject to the setback requirements for the
principal building.
(4)
A Residential Accessory Building must:
(a)
be of a residential character and finished in a manner complementary to the surrounding
area;
(b)
not be used as a dwelling;
(c)
not be used for a home business unless allowed by a development permit; and
(d)
not be located in a front yard or exterior side yard.
(5)
A shipping container used as a Residential Accessory Building must:
(a)
be finished in materials that are characteristic of a residential district; or
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(b)
be screened from view to the satisfaction of the Development Authority.
153.2 Residential Sales Centre
(1)
A Residential Sales Centre must:
(a)
only occur:
(1)
in a dwelling, which may be temporarily modified to accommodate the use, or
(2)
in a temporary building; and
(b)
not operate for longer than:
(1)
two years when located in a N-R1 District or a NR-2 District, or
(2)
four years when located in a N-R3 District or a N-R4 District.
154 Residential Accessory Structure
154.1 Decks and Patios
(1)
The minimum setbacks for a deck and patio are as follows:
Structure
Front Setback
Exterior Side
Setback
Interior Side
Setback
Rear Setback
Deck
(uncovered or
covered)
2.4 m
2.4 m
1.2 m
3.0 m
Deck
(enclosed)
4.0 m
4.0 m
1.2 m
6.0 m
Patio
(uncovered or
covered)
2.4 m
2.4 m
0.3 m
3.0 m
Patio
(enclosed)
4.0 m
4.0 m
1.2 m
6.0 m
(2)
Notwithstanding Subsection 154.1(1), stairs accessing a deck may be located within a front
setback, exterior side setback, or rear setback but must not be located within an interior side
setback.
154.2 Fences and Gates
(1)
Fence design and materials must be of a residential character complementary to the surrounding
area.
(2)
The height of a fence or gate above grade at any point along a fence line must not exceed:
(a)
1.2 m if the fence is located in a front yard;
(b)
2.0 m if the fence is located in a rear yard;
(c)
2.0 m if the fence is located in a side yard;
(d)
2.5 m for an entrance feature or gate; and
(e)
2.5 m for community fencing, noise attenuation, or visual screening from an arterial road
or highway, or non-residential use.
(3)
Notwithstanding Subsection 154.2(2), in the case of a corner lot or an irregular shaped lot, where
the front façade of the principal building is oriented toward the longer of the two property lines,
the boundaries of the front yard, rear yard, and side yards with respect to fencing height shall
be determined by the Development Authority having regard to:
(a)
the existing character of the streetscape;
(b)
the orientation and design of the dwelling and it's entrance(s);
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(c)
fencing to provide screening from an alley or road;
(d)
fencing to contain private amenity area; and
(e)
any other relevant planning considerations or principles.
(4)
Notwithstanding Subsection 154.2(2), and in accordance with Section 143 (Corner Visibility
Triangles), a fence must allow for a clear sight line through the whole of the corner visibility
triangle at all vertical elevations above 0.9 m.
154.3 Retaining Walls
(1)
A development permit is required for a retaining wall that is more than 1.2 m in height measured
from the lowest grade at any point adjacent to the retaining wall to the highest grade retained by
the retaining wall.
(2)
A retaining wall must:
(a)
allow for a clear sight line through the whole of the corner visibility triangle at all vertical
elevations above 0.9 m; and
(b)
facilitate site grading and a surface drainage pattern that does not negatively impact any
adjacent site.
154.4 Swimming Pools and Hot Tubs
(1)
A residential swimming pool or hot tub must:
(a)
not be located in a front yard or exterior side yard;
(b)
have a minimum exterior side setback of 3.0 m;
(c)
have a minimum interior side setback and rear setback of 1.2 m; and
(d)
discharge water only into the municipal sanitary sewer system unless the Development
Authority has approved in writing an alternative method of discharging water.
(2)
Where a swimming pool is located within 50 m of the top or bottom of a coulee, escarpment, or
any other geophysical risk lands, the swimming pool must have a double lining or other forms of
secondary containment to the satisfaction of the Development Authority.
154.5 Gazebos, Pergolas, Arbors and Other Structures
When a gazebo, pergola, arbor, or similar structure is associated with a residential use, the maximum
height must not exceed 4.6 m and the maximum area must not exceed 35 m².
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Commercial and Institutional Use Rules
155 All Commercial and Institutional Uses
(1)
All commercial and institutional development including site design, built forms, and structures shall
have a high-quality urban character and appearance.
(2)
All commercial and institutional development shall consider the policies of any relevant statutory
plan and non-statutory plan including Area Structure Plans, Area Redevelopment Plans, and
Outline Plans.
(3)
All commercial and institutional development shall consider connection to, and integration of, multi-
modal transportation infrastructure.
(4)
Dwellings within mixed-use buildings shall be used for residential purposes only, except as
otherwise allowed by a provision of this Bylaw or a development permit.
156 Childcare Service
(1)
A Childcare Service must:
(a)
be designed to ensure the safety of children;
(b)
be designed to mitigate nuisance from other on-site activities including waste collection,
surface parking lots, outdoor storage, queuing spaces, rail lines, streets, alleys,
mechanical equipment, and exhaust systems;
(c)
be designed with adequate queuing and pick-up/drop-off areas that do not negatively
impact traffic safety; and
(d)
meet all requirements of the Early Learning and Child Care Act.
(2)
When proposed within a residential neighbourhood, a Childcare Service must be located on:
(a)
a corner site;
(b)
an interior site that abuts a compatible institutional, commercial, open space, or higher
density residential use; or
(c)
an interior site previously developed with a non-residential use.
(3)
In addition to the requirements set out in Section 190 (Development Permit Application
Requirements), an application for development permit for Childcare Service must be
accompanied by a map that shows the surrounding area and names of businesses located within
250 m of the site.
(4)
At the time of application for development permit, a Childcare Service must have a minimum
setback of 250 m from:
(a)
Community Shelter/Transitional Housing;
(b)
Addiction Service;
(c)
Supervised Consumption Site; or
(d)
Adult Establishment.
(5)
At the time of application for development permit, a Childcare Service must have a minimum
setback of 100 m from:
(a)
Liquor Store;
(b)
Cannabis Store; or
(c)
Adult Novelty Store.
(6)
The setback between uses shall be measured from the closest point of the site of the proposed
use to the closest point of the site of the existing use.
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157 Community Garden
(1)
A Community Garden must not:
(a)
be developed on a site containing a dwelling; and
(b)
offer any goods for sale.
(2)
All buildings and garden-related structures must:
(a)
have a minimum setback of 0.45 m from any property line; and
(b)
have a height that does not exceed 3.7 m.
(3)
Notwithstanding Subsection (2) of this Section, compost piles must:
(a)
have a minimum setback of 2.0 m; and
(b)
be screened from view.
(4)
Outdoor storage areas may be allowed at the discretion of the Development Authority and shall
be subject to Section 138 (Outdoor Storage).
(5)
Site grading, surface drainage pattern, and irrigation shall not negatively impact any adjacent site.
(6)
Site design and the appearance of any component of a Community Garden shall be to the
satisfaction of the Development Authority.
158 Temporary Vendor
(1)
A Temporary Vendor must:
(a)
be developed in a manner that facilitates removal from the site;
(b)
not negatively impact:
(1)
the principal use(s) of a site,
(2)
public health and safety,
(3)
vehicle access, circulation, and parking, and
(4)
pedestrian connectivity and safety;
(c)
not create an excessive nuisance; and
(d)
address any other planning consideration to the satisfaction of the Development
Authority.
(2)
The owner or operator of a Temporary Vendor must:
(a)
obtain landowner consent to operate on a site; and
(b)
obtain, as required, building permits, a business license, approvals as required from the
health authority, and any other approval from an authority having jurisdiction.
159 Liquor Store and Cannabis Store
(1)
In addition to the requirements set out in Section 190 (Development Permit Application
Requirements), an application for development permit for a Liquor Store or Cannabis Store
must be accompanied by a map that shows the surrounding area and names of businesses located
within 250 m of the site.
(2)
At the time of application for development permit, a Liquor Store and Cannabis Store must
have a minimum setback of 250 m from:
(a)
Community Shelter/Transitional Housing;
(b)
Supervised Consumption Site; or
(c)
Addiction Service.
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(3)
At the time of application for development permit, a Liquor Store and Cannabis Store must
have a minimum setback of 100 m from:
(a)
School;
(b)
a site that is designated as school reserve or municipal reserve under the MGA and has
been planned for use as a School under the Education Act;
(c)
Public Library; or
(d)
Childcare Service.
(4)
The setback between uses shall be measured from the closest point of the site of the proposed
use to the closest point of the site of the existing use.
(5)
A development permit for a Cannabis Store may impose a condition of approval that requires
installation of equipment designed and intended to mitigate the impact of cannabis odours to
surrounding areas.
160 Adult Novelty Store
(1)
In addition to the requirements set out in Section 190 (Development Permit Application
Requirements), an application for development permit for an Adult Novelty Store must be
accompanied by a map that shows the surrounding area and names of businesses located within
250 m of the site.
(2)
At the time of application for development permit, an Adult Novelty Store must have a minimum
setback of 100 m from:
(a)
a dwelling in a neighbourhood district;
(b)
School;
(c)
a site that is designated as school reserve or municipal reserve under the MGA and has
been planned for use as a School under the Education Act;
(d)
a Place of Worship not located in the UC District;
(e)
Public Library;
(f)
Community Centre;
(g)
Public Park; or
(h)
Childcare Service.
(3)
The setback between uses shall be measured from the closest point of the site of the proposed
use to the closest point of the site of the existing use.
161 Animal Kennel/Training Centre and Animal Breeding Operation
(1)
In addition to the requirements set out in Section 190 (Development Permit Application
Requirements), an application for development permit for an Animal Kennel/Training Centre
or Animal Breeding Operation must be accompanied by a map that shows the surrounding area
within 250 m of the site.
(2)
At the time of application for development permit, an Animal Kennel/Training Centre or Animal
Breeding Operation must have a minimum setback of 250 m from a dwelling.
(3)
The setback between uses shall be measured from the closest point of the site of the proposed
use to the closest point of the site of the existing use.
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162 Drive Through
(1)
A Drive Through service window and manoeuvring aisles must 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 uses.
(2)
Without limiting the generality of Subsection (1) of this Section, a Drive Through:
(a)
must not be located within a required minimum setback;
(b)
must include:
(1)
a minimum of five inbound queuing spaces per ordering board or ordering window
in the case of a Drive Through associated with a restaurant,
(2)
a minimum of three inbound queuing spaces for all other uses, or
(3)
any number of queuing spaces required to ensure all vehicle manoeuvring is
internal to a site and not impacting a road or alley;
(c)
must provide at least one outbound queuing space;
(d)
must provide queuing spaces a minimum of 7.00 m in length and 4.00 m in width;
(e)
must allow for adequate vehicle manoeuvring within the site;
(f)
must not obstruct a pedestrian walkway, a designated fire lane, vehicle access, on-site
vehicle manoeuvring, or any parking space whether on the site or elsewhere; and
(g)
must be screened to the satisfaction of the Development Authority.
(3)
The aisle of a Drive Through may be required to be fenced, landscaped, or otherwise designed:
(a)
to mitigate negative impacts to adjacent residential uses;
(b)
to provide screening of vehicles and vehicle headlights;
(c)
to prevent vehicle access to a road or alley; and
(d)
to mitigate other visual impacts.
(4)
Where it is necessary for a pedestrian walkway to cross the aisle of a Drive Through, the
pedestrian crossing must be designed to be accessible and identified with appropriate signage
and ground surface demarcation.
(5)
The aisle of a Drive Through must be delineated by landscaping, curbs, changes in grade, or
similar treatments to provide containment and direction for queuing.
(6)
The location and orientation of a Drive Through service window, ordering boards, and associated
speakers shall be to the satisfaction of the Development Authority.
(7)
In accordance with Section 190 (Development Permit Application Requirements), the
Development Authority may require a traffic impact assessment for a Drive Through.
(8)
In addition to the requirements set out in Section 190 (Development Permit Application
Requirements), an application for development permit for a Drive Through must be
accompanied by a map that shows the surrounding area within 250 m of the site.
(9)
At the time of application for development permit, a Drive Through must have a minimum
setback of 30 m from a residential district.
(10)
The setback between uses shall be measured from the closest point of the site of the proposed
use to the closest point of the site of the existing use.
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Industrial, Infrastructure and Other Use Rules
163 All Industrial Uses
(1)
All industrial development shall ensure that:
(a)
high-risk, heavy industrial developments provide industry recommended setbacks from
sensitive, non-industrial uses including residential development, schools, overnight
accommodations, hospitals, and spectator sporting venues;
(b)
incompatible light/medium industrial and non-industrial uses are not located in proximity
to high-risk industrial development; and
(c)
appropriate buffers or separation distance is provided between high-risk industrial
development and non-industrial uses.
(2)
All industrial development shall comply with and incorporate:
(a)
relevant industry guidelines and recommendations; and
(b)
provincial and federal agency requirements and recommendations.
(3)
All industrial development shall provide information on potential impacts including:
(a)
the emission of glare, heat, noise, steam, smoke, dust, ash or other particulate matter,
gas, odour, toxic substances, or any other emission;
(b)
whether any emissions will impact lands beyond the site of the proposed development;
and
(c)
the anticipated range of any emission produced as a result of the proposed development.
(4)
All light/medium industrial development in proximity to non-industrial districts and uses must:
(a)
not have significant impacts beyond the site;
(b)
have limited or no outdoor activities; and
(c)
be screened with a combination of landscaping, fencing, berms, or other appropriate
measures.
(5)
All industrial development shall be required to mitigate negative impacts to major roads and
existing non-industrial districts and uses through:
(a)
noise attenuation;
(b)
screening and landscaping;
(c)
buffers or separation distance;
(d)
strategic location of buildings and other components of a development;
(e)
strategic location of on-site lighting; and
(f)
any other planning considerations or principals relevant to a proposed industrial
development.
(6)
Accessory accommodation may be allowed as a component of a principal industrial use where
it is intended to provide temporary accommodation for employees as a necessity of the principal
use.
(7)
All industrial development that includes accessory accommodation must provide:
(a)
a Phase 1 environmental site assessment;
(b)
additional requirements as recommended by the Phase 1 environmental site
assessment or any other report; and
(c)
any other information relevant to the development of accessory accommodation.
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164 Public Utility, Minor
(1)
Must be developed in a manner that:
(a)
minimizes negative visual impacts to the surrounding areas; and
(b)
is complementary to the character and appearance of the uses permitted in the district.
(2)
Must, where practical, be developed:
(a)
in a manner that adds aesthetic and public amenity to the surrounding area, and
(b)
with landscaping and integrated into parks, open space, and recreation areas.
165 Renewable Energy System, Minor
(1)
A Renewable Energy System, Minor such as photovoltaic solar panels, solar hot water systems,
or any other minor renewable energy system:
(a)
may be mounted on the roof or wall of a building;
(b)
may be installed as integrated systems such as roof shingles, window shading, and
exterior finishing;
(c)
may be installed in some other manner where the system is integrated into the design of
the building;
(d)
must not display any form of advertising or branding visible from the public realm;
(e)
must not project above the ridge height where mounted to a peaked roof;
(f)
must be flush to the wall and not project into a setback where mounted to the wall of a
building; and
(g)
must not be placed less than 3.0 m from any property line where mounted on a pole or
other structure at grade.
(2)
A Renewable Energy System, Minor that uses wind must:
(a)
not be located in the N-R1 District, N-R2 District, N-R3 District, N-R4 District, N-C1 District,
N-CC District, UVC District, UC District, SU-PRC District, or FUD District;
(b)
not be located less than 50 m from a dwelling;
(c)
comply with Subsection (1) of this Section;
(d)
not exceed the building height by more 3.0 m, where mounted on the roof of a building;
(e)
have a rotor diameter equal to or less than 2.0 m;
(f)
not exceed 8.0 m in height, from grade to tip of blade, where mounted on a pole or other
structure at grade;
(g)
not create a safety risk, visual impact, noise, shadow flicker, or other nuisance; and
(h)
be screened from any roads and adjacent sites where incompatible with the character
and appearance of surrounding uses and buildings.
166 Similar Use
In determining whether a proposed development may be a Similar Use, the Development Authority:
(1)
must consider the purpose statement for the district where the development is proposed to be
located; and
(2)
must not apply a Similar Use characterization unless satisfied that the proposed development is
substantially consistent with that purpose statement and thereby meets the intent of Council for
development of the district.
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Part 11:
Sign Rules
Signs: Development Permits
167 Signs: Development Permit Required
No person shall construct, place, relocate, or alter a sign on any site unless:
(1)
a development permit authorizing the sign has been issued and remains in force and effect and
the sign is installed in accordance with the terms and conditions of a development permit; or
(2)
the sign is exempt from the requirement of a development permit pursuant to the provisions of
this Part.
168 Signs: Discretionary Use
All signs that are not exempt from the requirement of a development permit are deemed discretionary
uses.
169 Signs: Development Permit Exemption
(1)
A sign listed in Subsection (2) of this Section is only exempt from the requirement to obtain a
development permit if it:
(a)
complies with the development regulations of this Bylaw;
(b)
complies with the requirements of Part 11 (Sign Rules);
(c)
does not require a variance to a development regulation;
(d)
complies with all registered interests on the land title certificate(s) of the site;
(e)
does not impact an Historic Resource or a site listed on the Heritage Inventory;
(f)
complies with the requirements of all affected public and private utility service providers;
(g)
is not subject to any restrictions imposed by the Subdivision and Development Regulation;
and
(h)
complies with all other relevant enactments, City bylaws, approval processes, and
licensing and permitting regimes.
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110
(2)
Subject to Subsection (1) of this Section, the following signs are exempt from the requirement of
a development permit when associated with a non-residential use:
Non-Residential Signs
Development Permit Exemption Notes
Notes below are listed for convenience and may not account for all
relevant considerations in determining compliance with this Bylaw
A change in copy of an existing sign
Where the sign otherwise complies with Part 11 (Sign Rules).
Any sign that has been approved as part of
a development permit for a principal use
-
One address sign per commercial unit
Where the sign:
does not exceed 0.50 m² in area; and
identifies the name or address of the occupant.
One temporary real estate sign per
commercial unit
Where the sign:
is installed for the purpose of identifying that the site is for
sale, lease, or rent;
does not exceed 3.00 m² in area; and
is not located within a corner visibility triangle.
A window sign
Where the sign is associated with the use of the building.
A sandwich board sign per non-residential
use on a site
Where the sign:
does not exceed 1.00 m² in area on each face;
is not located within a corner visibility triangle;
is not placed on public property; and
does not obstruct pedestrian or vehicular access.
A portable sign
Where the sign:
is located in a N-C2 District, UVC District, SU-RC District, or
I-LM District;
does not exceed 5.0 m² in area;
does not exceed 2.5 m in height;
is not located within a utility right-of-way;
is not located within a landscaped area;
is not located within a corner visibility triangle;
is not located closer than 45 m to another portable sign
regardless of whether the portable signs are on the same
site; and
has the name and contact information of the sign owner
displayed on the sign in a size and location legible from
grade.
A façade sign
Where the sign does not extend beyond the wall upon
which it is placed.
Where the maximum area of the façade sign per linear
metre of building façade does not exceed:
o
0.6 m² in the UC District, N-C1 District, and N-CC
District;
o
0.9 m² in the UVC District, N-C2 District, N-PRS District;
or
o
1.2 m² in all other districts.
A canopy sign
Where the maximum area of the canopy sign per linear
metre of building façade does not exceed:
o
0.6 m² in the UC District, N-C1 District, N-CC District,
and NOS District;
o
0.90 m² in the UVC District, N-C2 District, N-PRS
District; or
o
1.20 m² in all other districts.
A projecting sign
Where the sign:
is not more than 2.00 m² in area;
is not placed at a height less than 2.40 m above grade;
is not projecting more than 1.2 m from the façade of a
building;
is not projecting above the roof or parapet of a building;
is not projecting into a corner visibility triangle;
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111
is not projecting into a parking stall;
is not projecting into a vehicle manoeuvring aisle;
is not projecting beyond a sidewalk; and
is not allowed to swing freely on its supports.
A development notification sign
Where the temporary sign:
is installed by or on behalf of an Applicant or the
Development Authority;
is installed for the purpose of advising the public of:
o
an application for development permit, rezoning
application, or subdivision, or
o
a future or ongoing construction project;
is located on the site that is the subject of the application for
development permit, rezoning application, subdivision,
or construction project; and
does not exceed 10.00 m² in area.
A sign which advises of restrictions on the
use of a building or site including a "No
Parking" or "No Trespassing" sign
Where the sign does not exceed 0.50 m² in area.
A sign which indicates the direction or
function of various parts of a building or
site including parking and traffic areas
Where the sign does not exceed 0.50 m² in area.
A sign erected by or at the direction of a
government including signs identifying
public buildings, giving information to the
public, or regulating traffic or safety
-
A flag, insignia, notice, or advertising of any
charitable, religious, or fraternal
organization
Where the sign does not exceed 3.00 m² in area.
A memorial or historical sign, plaque, or
tablet
-
A sign displayed during the period of an
election, referendum, or plebiscite
Where the sign:
announces or promotes a candidate or a political party; or
alludes to a public issue; or
is otherwise directly related to the election, referendum, or
plebiscite; and
is installed for a period of not more than one week following
the election, referendum, or plebiscite.
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112
(3)
Subject to Subsection (1) of this Section, the following signs are exempt from the requirement of
a development permit when associated with a residential use:
Signs in Residential Districts
Development Permit Exemption Notes
Notes below are listed for convenience and may not account for all
relevant considerations in determining compliance with this Bylaw
One address sign per dwelling
Where the sign:
is of a residential character and appearance;
does not exceed 0.50 m² in area; and
identifies the name or address of the occupant of a
dwelling.
One temporary real estate sign per
dwelling
Where the sign:
is installed for the purpose of identifying that the residential
site is for sale, lease, or rent;
does not exceed 1.00 m² in area; and
is not located within a corner visibility triangle.
A non-illuminated identification sign
associated with a Bed and Breakfast
Where the sign:
is of a residential character and appearance;
is visible from the front street; and
does not exceed 0.5 m² in area.
A development notification sign
Where the temporary sign:
is installed by or on behalf of an Applicant or the
Development Authority;
is installed for the purpose of advising the public of:
o
an application for development permit, rezoning
application, or subdivision, or
o
a future or ongoing construction project;
is located on the site that is the subject of the application for
development permit, rezoning application, subdivision,
or construction project; and
does not exceed 5.00 m² in area.
A sign which advises of restrictions on the
use of a building or site including a "No
Parking" or "No Trespassing" sign
Where the sign does not exceed 0.50 m² in area.
A sign which indicates the direction or
function of various parts of a building or
site including parking and traffic areas
Where the sign does not exceed 0.50 m² in area.
A flag, insignia, notice, or advertising of any
charitable, religious, or fraternal
organization
Where the sign does not exceed 0.60 m² in area.
A memorial or historical sign, plaque, or
tablet
-
A sign displayed during the period of an
election, referendum, or plebiscite
Where the sign:
announces or promotes a candidate or a political party; or
alludes to a public issue; or
is otherwise directly related to the election, referendum, or
plebiscite; and
is installed for a period of not more than two weeks
following the election, referendum, or plebiscite.
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113
Signs: General Development Regulations
170 Rules for All Signs
(1)
A sign must not:
(a)
create a hazard to public health and safety;
(b)
obstruct the line of sight of a pedestrian or the driver of a vehicle with respect to access
to or egress from a road, alley, or driveway;
(c)
detract from the visibility or effectiveness of any traffic control device;
(d)
obstruct ingress to or egress from a fire escape door, window, or other required exit under
the Safety Codes Act;
(e)
incorporate a searchlight or strobe lights;
(f)
be painted on, or affixed in any manner to, a tree, stone, cliff, or other natural object; or
(g)
be placed within a corner visibility triangle.
(2)
No sign other than a traffic control device:
(a)
may display words such as "STOP", "LOOK", "DANGER", "ONE WAY" or "YIELD" or any
similar words, phrases, symbols, lights, or characters used in a manner which may
mislead, confuse, or otherwise interfere with pedestrian or vehicle traffic on a road; and
(b)
shall face an interior side property line or rear property line that is adjacent to a
residential district.
(3)
No sign other than a specialized sign is allowed on a roof or above any point of the parapet of a
building.
(4)
No sign other than a specialized sign, sandwich board sign, or portable sign shall be placed
or erected on a site unless the sign is permanently set into the ground or permanently affixed to a
building.
171 Number of Signs
(1)
For the purpose of determining the number of signs allowed:
(a)
a sign is considered to be a single display surface or display device containing elements
organized, related, and composed to form a unit; and
(b)
a double-faced sign is counted as a single sign.
(2)
Where in the opinion of the Development Authority:
(a)
the content of a sign is displayed in a random manner without organized relationships or
elements; or
(b)
the relationships between the elements of sign content are not clear,
each element shall be considered to be a single sign.
(3)
Where in the opinion of the Development Authority the number of signs on a site results in
negative impacts including:
(a)
visual clutter;
(b)
decreased aesthetics;
(c)
light pollution;
(d)
safety concerns; or
(e)
any other planning consideration,
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114
the number of signs on the site may to restricted, or a reduction of total number of signs on the
site may be required prior to any additional sign installations.
172 Height of Signs
Where any provision of this Part limits the height of a sign, the height is calculated as the distance from
surface grade to the highest point of the sign structure.
173 Separation Distance Between Signs
Where any provision of this Part stipulates a separation distance between signs, the separation distance
is calculated as the distance between the points where the sign structures are in closest proximity to each
other.
174 Sign Area
Where any provision of this Part limits the two-dimensional area of any sign in any circumstance, then for
the purpose of determining the total area of a sign:
(1)
the area shall be calculated as the area of the smallest rectangle, triangle, or circle which can
totally contain the content of the sign; and
(2)
where a sign is double-facing, one side of a double-faced sign is used for calculating sign area.
175 Electronic Displays
Electronic display may be allowed at the discretion of the Development Authority and shall be regulated
in a manner that diminishes the impact on adjacent uses and addresses concerns with distraction of drivers
of vehicles.
175.1 Electronic Display Area
(1)
Electronic display of a sign in a N-C2 District, and N-PRS District must not exceed a maximum
area of:
(a)
1.0 m² for a window sign; and
(b)
5.0 m² for a façade sign, canopy sign, or freestanding sign.
(2)
Electronic display of a sign in a SU-RC District, UVC District, and I-LM District, must not exceed
a maximum area of 20.00 m² for a freestanding sign.
175.2 Electronic Display Content
(1)
Electronic display content must remain in place unchanged for a minimum of 6.0 seconds before
switching to new content.
(2)
The maximum transition time between each different electronic display on a sign is 0.1 seconds.
(3)
The transition time between each different electronic display on a sign must not involve any
moving visual images or effects including action, motion, fading in or out, dissolving, blinking,
intermittent or flashing light, or the illusion of such effects.
(4)
An electronic display must only show static images and the content must not involve any moving
visual images or effects including action, motion, fading in or out, dissolving, blinking, intermittent
or flashing light, or the illusion of such effects.
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115
175.3 Electronic Display Brightness
(1)
A sign featuring electronic display must be equipped with a functioning ambient light sensor and
must be set to operate so as not to exceed the following limits at all times when the electronic
display feature is functioning, as measured from the sign face at its maximum brightness:
(a)
a maximum of 5,000 nits from sunrise to sunset, as those times are established by the
sunrise/sunset calculator of the National Research Council of Canada;
(b)
a maximum of 300 nits from sunset to sunrise, as those times are established by the
sunrise/sunset calculator of the National Research Council of Canada; and
(c)
the light levels around the electronic display must not at any time exceed the ambient
light level by more than 3.0 LUX.
(2)
If a Development Authority determines that the brightness or light level of an electronic display
exceeds the limits set out in Subsection (1) of this Section, the Development Authority may
require the settings to be changed in order to bring the electronic display into compliance with
this Bylaw.
(3)
If any component of an electronic display fails or malfunctions such that the electronic display
is no longer operating in compliance with this Bylaw or with the conditions of a development
permit, the electronic display must be turned off until all components are fixed and operating in
compliance.
(4)
The owner of a sign featuring an electronic display must ensure that the name and contact
information of a person(s) having access to the technology controls for the sign is displayed on the
sign in a size and location legible from grade.
176 Sign Content
(1)
The Development Authority shall not attach any condition to a development permit for a sign
that has the effect of regulating or restricting the content of a message or image displayed on the
sign, nor shall the Development Authority attempt to control or regulate in any manner the
content of a message or image displayed on a sign which does not require a development permit.
(2)
Notwithstanding Subsection (1) of this Section, no sign placed where there are no restrictions on
who may view it, regardless of whether it requires a development permit, shall display any image
or copy or message that appeals to, or is intended to appeal to, prurient interests or erotic desires
of any person viewing the sign, or that would for any reason be inappropriate for viewing by
children.
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116
Signs: Use Specific Rules
177 Freestanding Signs
The development regulations set out in this Section are specific to freestanding signs and are in
addition to development regulations set out elsewhere in this Bylaw that apply to signs generally.
177.1 Freestanding Sign Development Regulations
(1)
Not more than one freestanding sign is allowed on a site.
(2)
Notwithstanding Subsection 177.1(1), if a site has a primary and secondary frontage, the
Development Authority may issue development permits for more than one freestanding sign
on that site if the cumulative effect is to maintain at least 100 m of separation distance between
all freestanding signs on that site.
(3)
Notwithstanding Subsection 177.1(1), if the site frontage is more than 100 m in length the
Development Authority may issue development permits for more than one freestanding sign
along that frontage if the cumulative effect is to maintain at least 100 m of separation distance
between all freestanding signs on that site.
(4)
A freestanding sign having a two-dimensional area greater than 10 m², must not be located closer
than 150 m to a previously existing freestanding sign that has a two-dimensional area greater
than 10 m² and is not a non-conforming building or a non-conforming use, if any display side
of the freestanding sign faces the same flow of traffic on a road as a display side of the previously
existing freestanding sign.
(5)
A freestanding sign having a two-dimensional area greater than 10 m² must not be located closer
than 150 m to a N-R1 District, N-R2 District, or N-R3 District if any display side of the freestanding
sign faces the district.
177.2 Freestanding Sign Area and Height
(1)
A freestanding sign in the N-C1 District and N-CC District:
(a)
must not exceed 6.0 m² in area; and
(b)
must not exceed 6.0 m in height.
(2)
A freestanding sign in the N-C2 District and UVC District:
(a)
must not exceed 10.0 m² in area; and
(b)
must not exceed 9.0 m in height.
(3)
A freestanding sign not oriented toward a highway in the SU-RC District:
(a)
must not exceed 10.0 m² in area; and
(b)
must not exceed 12.0 m in height.
(4)
A freestanding sign oriented toward a highway in the SU-RC District:
(a)
must not exceed 20 m² in area; and
(b)
must not exceed 12 m in height.
178 Specialized Signs
The Development Authority shall determine the requirements and conditions for each specialized sign
on a case-by-case basis, including without limitation the dimensions, location, materials, and duration of
the signage.
Airport Zoning Regulation Overlay
117
Part 12:
Airport Zoning Regulation Overlay
179 Purpose of This Overlay
The purpose of the Airport Zoning Regulation Overlay (AZRO) is to prohibit or regulate and control the
use and development of land and buildings adjacent to or in the vicinity of the Medicine Hat Regional
Airport to ensure compatibility between development and airport operations.
180 Area of Application
(1)
The AZRO applies to the lands identified in the Airport Zoning Regulation Overlay Map.
(2)
Where any provision of this Part is for any reason declared inconsistent with a provision from
another part of this Bylaw, the provisions of this Part shall prevail.
181 Regulations of This Overlay
(1)
Application for development permit or subdivision within the lands identified in the Airport
Zoning Regulation Overlay Map must comply with the Airport Zoning Regulation Bylaw
(AZRB).
Airport Zoning Regulation Overlay
118
Development Authority
119
Part 13:
Development Authority
182 Development Authority Established
(1)
The City Planner is a Development Authority, with powers and duties as set out in this Bylaw,
any other City bylaw, or any enactment.
(2)
A Development Officer is a Development Authority, with powers and duties as set out in this
Bylaw, any other City bylaw, or any enactment.
(3)
The Municipal Planning Commission (MPC) is a Development Authority, with powers and
duties as set out in this Bylaw, any other City bylaw, or any enactment.
183 Development Authority Powers and Duties
(1)
The Development Authority may issue a development permit.
(2)
The Development Authority may impose conditions of approval of a development permit, based
on the following:
(a)
the application of land use planning considerations or principles to the circumstances of a
proposed development;
(b)
ensuring that a development complies with the Municipal Servicing Standards Manual
(MSSM) or, where deemed appropriate by the Development Authority, will be exempt
from compliance with some or all of the MSSM; or
(c)
ensuring compliance with any provision of this Bylaw,
regardless of whether the development is a permitted use, a discretionary use, or a Similar
Use.
(3)
Without limiting the generality of Subsection (2) of this Section, the Development Authority may
impose as a condition of approval on a development permit:
(a)
a requirement that the Applicant enter into an agreement with the City to provide for any
matter or thing relevant to a development or to the relationship between the Applicant
and the City resulting from or in relation to a development, including any matter or thing
described in Section 650 or Section 651 of the MGA; and
(b)
a specified time limit on the duration of development approval in the case of a
development permit for a discretionary use, a Similar Use, or a permitted use
approved with a variance.
(4)
The Development Authority may approve a development permit with or without conditions for
a use of a site or a building that is neither a permitted use nor a discretionary use in the district
in which the development is to be located, provided that:
(a)
the proposed use is a Similar Use; and
(b)
all public notices of the approval of a development permit specifically reference the fact
that the use was approved as a Similar Use.
(5)
Unless a specific provision of this Bylaw provides otherwise, the Development Authority may
allow a variance as a condition of a development permit if:
(a)
the proposed development is a permitted use, discretionary use, or Similar Use in the
district in which it is to be located;
(b)
the proposed development, with variance, would not:
(1)
unduly interfere with the amenities of the neighbourhood, or
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120
(2)
materially interfere with or affect the use, enjoyment, or value of neighbouring
parcels of land; and
(c)
the variance is expressed to be a condition of development permit approval and is
specifically mentioned in public notices of the development permit approval.
(6)
If a time limit on the duration of approval has been included as a condition of a development
permit, the Development Authority has the discretion to extend that time upon application from
the development permit holder made before the expiry date of the development permit.
(7)
The Development Authority may refuse to issue a development permit:
(a)
for a permitted use that does not conform to this Bylaw; or
(b)
for a discretionary use or Similar Use that:
(1)
does not conform to this Bylaw, or
(2)
is not suitable for its intended location based on relevant land use planning
considerations or principles,
provided that the Development Authority shall give the Applicant written reasons for a refusal
to issue a development permit.
184 Administrative Powers and Duties
(1)
The City Planner is responsible for administering and enforcing this Bylaw and has the authority
to create or issue forms, procedures, protocols, requirements, guidelines, and interpretations of
terminology used in this Bylaw in respect of:
(a)
any aspect of the process of making application for development permit, a subdivision,
or an amendment to this Bylaw, including:
(1)
the supporting material required for an application,
(2)
when an application is deemed to be complete, and
(3)
when an Applicant is required to post a public notification in respect of property
that is the subject of an application for development approval, subdivision, or
amendment to this Bylaw, and the type of notification required; and
(b)
any matter relating to enforcement of this Bylaw, or enforcement of a condition of a
development approval or subdivision approval.
(2)
The City Planner may publish or post on the City's website a version of this Bylaw or portion of
this Bylaw that includes illustrative diagrams or explanatory notes, if a disclaimer is included to
advise readers that the illustrative diagrams or explanatory notes do not form part of this Bylaw
as enacted by Council.
(3)
The City Planner shall ensure that every application for development permit is:
(a)
processed, and a decision made and communicated to the Applicant; or
(b)
referred to the MPC or Council, with adequate supporting material including a staff
recommendation, when required under this Bylaw or when the Development Authority
refers a decision to the MPC under Subsection (4) of this Section.
(4)
The City Planner has the discretion to refer any application for development permit to the MPC
acting as a Development Authority, regardless of whether such referral is required under this
Bylaw.
(5)
The City Planner shall ensure that every rezoning application is processed, and a corresponding
amending bylaw prepared for referral to the MPC and presentation to Council, with adequate
supporting material including a staff recommendation.
(6)
The City Planner shall create processes and requirements to establish how, when, and to whom
notice of the issuance of a development permit is to be given, consistent with the principle that a
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121
person affected by a new development should have a reasonable opportunity to learn of the
development permit authorizing the development in time to initiate an appeal to the Subdivision
and Development Appeal Board (SDAB).
185 Referrals to the MPC
(1)
A rezoning application or other amendment to this Bylaw must be referred to the MPC for review
and recommendation to Council.
(2)
An application for approval of a development located within the SU-DC District must be referred
to the MPC which shall make a decision or make a recommendation to Council, in accordance
with the provisions of the SU-DC District.
186 Fees
Council may from time-to-time, by resolution, establish and charge fees in respect of any matter related
to the administration or enforcement of this Bylaw.
Development Authority
122
Development Process
Development Permits
123
Part 14:
Development Process
Development Permits
187 Development Permit Required
No person shall commence, continue, or carry on a development, or cause or allow a development to be
commenced, continued, or carried on, unless:
(1)
a development permit authorizing the development has been issued and remains in force and
effect; or
(2)
the development is exempt from the requirement of a development permit pursuant to the
provisions of this Bylaw, any other City bylaw, or any enactment.
188 Development Permit Exemption
(1)
A development listed in Subsection (2) of this Section is only exempt from the requirement to
obtain a development permit if it:
(a)
complies with the development regulations of this Bylaw;
(b)
is not located in the SU-DC District;
(c)
does not require a variance to a development regulation;
(d)
complies with all registered interests on the land title certificate(s) of the site;
(e)
is a development that is exempt from the requirement to pay off-site levies on a site
where off-site levies are owing;
(f)
does not impact an Historic Resource or a site listed on the Heritage Inventory;
(g)
is not located on geophysical risk lands;
(h)
is not located on a site where there may be pre-existing contamination on or near the site;
(i)
is not located on a site where there may be potential to create a health, safety, or
environmental risk;
(j)
has adequate:
(1)
sewage collection, treatment, and disposal,
(2)
water supply, treatment, and distribution,
(3)
storm water collection and storage,
(4)
electric power and natural gas servicing capacity,
(5)
telecommunications services,
(6)
road infrastructure capacity and access points, and
(7)
Protective/Emergency Services;
(k)
complies with the requirements of all affected public and private utility service providers;
(l)
is not subject to any restrictions imposed by the Subdivision and Development Regulation;
and
(m)
complies with all other relevant enactments, City bylaws, approval processes, and
licensing and permitting regimes.
Development Process
Development Permits
124
(2)
Subject to Subsection (1) of this Section, the following development is exempt from the
requirement of a development permit:
Development
Development Permit Exemption Notes
Notes below are listed for convenience and may not account for all
relevant considerations in determining compliance with Subsection 188(1)
Public Utility, Minor
This use is not included in the use list of any
district; however, this use is a permitted
use in all districts.
The Public Utility, Minor is associated with:
a development for which a development permit has been
issued;
a development agreement for the site has been completed;
or
a letter of authorization from the Development Authority or
some other approval from an authority having jurisdiction.
Renewable Energy System, Minor
This use is not included in the use list of any
district; however, this use is a permitted
use in all districts that do not allow
residential uses.
The Renewable Energy System, Minor complies with Section
165 (Industrial, Infrastructure and Other Use Rules -
Renewable Energy System, Minor).
Residential Sales Centre
This use is not included in the use list of any
district; however, this use is a permitted
use in all districts that allow residential
uses.
The Residential Sales Centre is associated with:
a development for which a development permit has been
issued; or
a letter of authorization from the Development Authority
has been issued.
Show Home
This use is not included in the use list of any
district; however, this use is a permitted
use in all districts that allow residential
uses.
The developing area where the Show Home is located has
received construction completion certificates;
a development permit has been issued for the dwelling;
and
the building has received occupancy approval.
Public Park
All districts where Public Park is a permitted use.
Residential Day Home
All districts where Residential Day Home is a permitted use.
Remote Work
All districts where Remote Work is a permitted use.
The Remote Work complies with Section 149 (Residential
Use Rules - Remote Work).
Bed and Breakfast
All districts where Bed and Breakfast is a permitted use.
The Bed and Breakfast complies with Section 151
(Residential Use Rules - Bed and Breakfast).
Short Term Dwelling Rental
All districts where Short Term Dwelling Rental is a
permitted use.
The Short Term Dwelling Rental complies with Section
152 (Residential Use Rules - Short Term Dwelling Rental).
Residential Accessory Building
Where the Residential Accessory Building has a GFA no
greater than 10 m².
Where the site coverage requirements of this Bylaw are
met.
The Residential Accessory Building complies with
Section 153 (Residential Use Rules - Residential
Accessory Building).
The Residential Accessory Building complies with
Subsection 145.1(1) (General Residential Use Rules).
Residential Accessory Structure
Where the Residential Accessory Structure includes a
roof, the site coverage requirements of this Bylaw are
met.
The Residential Accessory Structure complies with
Section 154 (Residential Use Rules - Residential
Accessory Structure).
The Residential Accessory Structure complies with
Subsection 145.1(1) (General Residential Use Rules).
Community Garden
All districts where Community Garden is a permitted
use.
Development Process
Development Permits
125
The Community Garden complies with Section 157
(Commercial and Institutional Use Rules - Community
Garden).
Temporary Vendor
All districts where Temporary Vendor is a permitted use.
The Temporary Vendor complies with Section 158
(Commercial and Institutional Use Rules - Temporary
Vendor).
Home care
Home care where health goods and services are delivered by a
home care provider to an eligible individual in the individual's
home but does not include facility-based care or supportive
living services.
Change of tenancy
Where the site has a valid development permit for an
existing use.
The change in the owner or tenant does not result in or is
not likely to result in an increase in intensity to the use of
land or a building.
Demolition of a building or structure, or
part of a building or structure, where:
the building or structure has a GFA no greater than 500
m²;
the site, building, or structure is not an Historic Resource;
and
the site, building, or structure is not listed on the Heritage
Inventory.
Residential ancillary development
The residential ancillary development complies with
Subsection 145.1(1) (General Residential Use Rules).
An artisan craft show, farmers market, flea
market, trade show, bake sale, or similar
temporary event.
-
Personal sale
A personal sale is the sale of goods through small-scale events
commonly known as yard sales, moving sales, estate sales, and
other temporary events including a garage sale as defined in the
Licensing Bylaw.
Non-residential ancillary development
The non-residential ancillary development complies with
Subsection 155(1) (Commercial and Institutional Use Rules - All
Commercial and Institutional Uses).
Outdoor display area
The outdoor display area complies with Section 139 (Rules for
All Districts - Outdoor Display Areas).
Outdoor boulevard patio
Where the development has obtained, as required, all
approvals from any authority having jurisdiction.
Mobile cooking operation
Where the owner or operator of the mobile cooking operation
has obtained, as required, all approvals from any authority
having jurisdiction.
Landscaping
The landscaping complies with Section 135 (Rules for All
Districts - Landscaping); or
the landscaping is associated with a development for
which a development permit has been issued; and
the grade and surface drainage pattern does not negatively
impact any adjacent site.
External and internal alteration, renovation,
repair, or maintenance of a building,
where:
the building has a valid development permit;
no new dwelling is developed;
if applicable, the number of bedrooms contained within a
dwelling is in accordance with the conditions of a
development permit;
there is no increase to GFA or site coverage;
there is no change of use of land or a building; and
there is no increase in intensity of a use of land or a
building.
Signs
Identified in Section 169 (Signs: Development Permit
Exemption) as not requiring a development permit.
The sign complies with Sections 170 through 176 (Signs:
General Development Regulations).
Development Process
Development Permits
126
A mural
Where the mural does not:
display any advertising;
display anything that appeals to, or is intended to appeal to,
prurient interests; and
display anything that would for any reason be inappropriate
for viewing by children.
Tree removal on public land
In accordance with the Tree Preservation Bylaw No. 4218.
Temporary development associated with a
special event permit
Where the temporary development is approved through the
special event permit process.
Temporary use of a shipping container
All districts for a single period of not more than 90 days in
one calendar year.
The shipping container is setback a minimum of 0.5 m
from any property line.
The placement of the shipping container complies with
Section 143 (Corner Visibility Triangles).
Temporary use of land or a building
associated with an election, referendum,
census, or similar function for the purpose
of:
a polling station;
returning officer's headquarters;
candidate's campaign office; or
any other official temporary use.
Temporary construction office
For the sole purpose of serving as a construction office for a
development.
Where the temporary construction office is removed upon
completion of the development.
Temporary stockpiling
Where the stockpiling is associated with:
a development for which a development permit has been
issued;
a development agreement for the site has been completed;
or
a letter of authorization from the Development Authority or
some other approval from an authority having jurisdiction;
and
is done in a manner that does not negatively impact any
adjacent site.
Excavation, grading, stripping, utility
installation, or construction laydown on a
site
Where the activities are associated with:
a development for which a development permit has been
issued;
a development agreement for the site; or
a letter of authorization from the Development Authority or
some other approval from an authority having jurisdiction;
and
is done in a manner that does not negatively impact any
adjacent site.
Development carried out pursuant to a
service agreement
-
Construction, renovation, repair, or
maintenance of any municipally owned
infrastructure including roads, bridges,
public transit, or utilities
-
Public art
That has been commissioned for, or approved by, an authority
having jurisdiction.
Airport operations
In accordance with:
relevant federal legislation; and
the Airport Zoning Regulation Overlay (AZRO).
Telecommunications towers
In accordance with the City's review process and relevant
federal legislation.
Construction, repair, or maintenance of a
farm building as defined in the Safety
Codes Act
On a site that:
contains an existing agricultural use; and
is located in FUD District.
Railway operations
In accordance with relevant federal legislation.
Development Process
Development Permits
127
Development associated with the
management of a local emergency declared
by Council
In accordance with the Emergency Management Act and other
relevant legislation.
Development exempt under Part 17 of the
MGA
In accordance with Section 618, Section 619, or other relevant
legislation of the MGA,.
Development Process
Development Permit Application
128
Development Permit Application
189 Eligibility to Submit Application for Development Permit
A person who makes an application for development permit, must:
(1)
be the registered owner of the lands affected as shown on the land title certificate(s); or
(2)
show written proof or confirmation, to the satisfaction of the Development Authority, that the
registered owner consents to the application.
190 Development Permit Application Requirements
(1)
When applying for a development permit, the Applicant must submit:
(a)
a completed application form;
(b)
a current copy of the land title certificate(s);
(c)
a copy of any restrictive covenants, utility rights-of-way, easements, or caveats registered
on the land title certificate(s);
(d)
where the Applicant is an agent for the owner(s), confirmation of consent from the
registered owner(s) of the land, or other persons having legal or equitable interest in the
site;
(e)
application fee;
(f)
off-site levies, if applicable;
(g)
Abandoned Well Declaration identifying abandoned oil and gas wells in accordance with
the requirements of the Alberta Energy Regulator;
(h)
a statement of intended use(s) of the proposed development;
(i)
a site plan showing:
(1)
north arrow,
(2)
municipal address,
(3)
legal description (lot, block, plan),
(4)
property lines,
(5)
front, side, and rear setbacks from property lines,
(6)
easements and utility rights-of-way,
(7)
outline, location, and dimensions of buildings and the outline of eaves and any
other projections;
(8)
retaining walls (existing and proposed);
(9)
parking areas including width and length of all stalls and manoeuvring aisles;
(10)
location and dimensions of residential driveways and vehicle access points
including emergency access;
(11)
adjacent roads, sidewalks, curbs, existing and proposed curb cuts, and alleys;
(12)
location of existing and proposed service lines, and electric and gas meters;
(13)
utility polls, transformer boxes, hydrants, light standards, on or adjacent to the
site;
(14)
location, dimensions, and copy of all existing and proposed signs; and
(j)
drawings showing elevations of all sides of a building.
Development Process
Development Permit Application
129
(2)
When applying for a development permit the Applicant may be required to submit:
(a)
a real property report (RPR) to verify the location of an existing building or
development;
(b)
floor plans;
(c)
an environmental site assessment;
(d)
an environmental impact assessment;
(e)
a biophysical assessment;
(f)
a site grading plan;
(g)
a geotechnical report;
(h)
a flood risk study;
(i)
an Historical Resources Impact Assessment;
(j)
a health, safety, or nuisance risk assessment;
(k)
a servicing plan;
(l)
a CPTED assessment;
(m)
a traffic impact assessment;
(n)
a parking assessment;
(o)
a surface drainage plan;
(p)
a storm water management plan;
(q)
a landscape plan;
(r)
a screening, view-shed, or other visual impact assessment;
(s)
a lighting plan;
(t)
a shadow assessment;
(u)
a remediation plan;
(v)
a copy of any permit, licence, or approval required by another authority having jurisdiction;
and
(w)
any other plans, documents, or information of any kind that the Development Authority
may consider necessary to properly evaluate the proposed development.
191 Effective Date of Development Permit Approval
(1)
A development permit comes into force and effect:
(a)
after the time for an appeal to the Subdivision and Development Appeal Board (SDAB)
has expired; or
(b)
when a decision has been made by the SDAB following an appeal, to confirm the issuance
of a development permit.
(2)
Notwithstanding Subsection (1) of this Section, and subject to Subsection (3) of this Section, a
development may be commenced before the time for an appeal to the SDAB has expired, if:
(a)
no appeal has been made other than an appeal of conditions by the development permit
holder; and
(b)
the development permit holder has executed and delivered to the Development
Authority a voluntary waiver of claims in the form prescribed in this Bylaw.
(3)
If a development permit holder executes and delivers to the Development Authority a voluntary
waiver of claims and if an appeal is filed in respect of the development by a person other than
the development permit holder, within the time limited for doing so:
Development Process
Development Permit Application
130
(a)
the development must not commence, or if already commenced must forthwith cease,
pending the outcome of the appeal; and
(b)
any person who commences or carries on the development, or causes or allows it to be
commenced or carried on, contravenes Section 187 (Development Permit Required) of
this Bylaw as though the voluntary waiver of claims had never been executed.
(4)
Subject to Subsection (5) of this Section, a development permit expires and is of no further force
or effect if the development is not commenced within 24 months from the date that the
development permit was issued.
(5)
The City Planner may allow one extension for up to a maximum of 24 months to the period for
commencement of a development if an application for extension is received from the development
permit holder before the development permit expires.
(6)
If an application for extension is not received from the development permit holder before the
development permit expires, a new application for development permit must be submitted.
(7)
A development permit expires and is of no further force or effect if a development has not
received occupancy within 24 months from the date of commencement of the development.
192 Duration of Development Permit Approval
A development permit remains in effect indefinitely, subject to:
(1)
expiry pursuant to Subsections 191(4) through (7) (Effective Date of Development Permit
Approval); and
(2)
cancellation or suspension pursuant to Section 204 (Cancellation/Suspension of Development
Permit),
unless a condition of the development permit specifies a time limit on the duration of development
approval.
193 Re-application Following Development Permit Refusal
(1)
Subject to Subsection (2) of this Section, when an application for development permit is refused
by a Development Authority and:
(a)
an appeal results in the refusal being upheld by the SDAB; or
(b)
no appeal is made within the time specified for doing so,
another application for development permit for the same or substantially the same use on the
same or substantially the same site must not be accepted from the same or any other Applicant
until six months after the date of the refusal of the original application by the Development
Authority.
(2)
The six-month waiting period referenced in Subsection (1) of this Section does not apply in the
case of an application for development permit that is refused solely on the basis that the proposed
development was not in compliance with a development regulation, if a re-application for
development approval contains the necessary changes to bring the proposed development into
compliance with the development regulation.
Land Use Bylaw Amendments
131
Part 15:
Land Use Bylaw Amendments
194 Text Amendment Application Requirements
When applying for a text amendment to this Bylaw, the Applicant must submit:
(1)
a completed application form;
(2)
application fee;
(3)
the proposed text amendment;
(4)
a statement of the reasons for making the application; and
(5)
any other information required, at the discretion of the Development Authority.
195 Eligibility to Submit Rezoning Application
A person who makes a rezoning application to amend this Bylaw must:
(1)
be the registered owner of the lands affected as shown on the land title certificate(s); or
(2)
show written proof to the satisfaction of the Development Authority that the registered owner
consents to the application.
196 Rezoning Application Requirements
(1)
When applying for a rezoning application the Applicant must submit:
(a)
a completed application form;
(b)
a current copy of the land title certificate(s);
(c)
a copy of any restrictive covenants, utility rights-of-way, easements, or caveats registered
on the land title certificate(s);
(d)
where the Applicant is an agent for the owner(s), a letter of authorization from the
registered owner(s) of the land, or other persons having legal or equitable interest in the
site;
(e)
application fee;
(f)
a statement of the reasons for making the application; and
(g)
any other information required, at the discretion of the Development Authority.
(2)
Where a rezoning application proposes to rezone a site to SU-DC District, an Applicant must
provide a written statement detailing:
(a)
why a SU-DC District designation is appropriate for the site; and
(b)
why the development of the site cannot be achieved through an alternative district.
197 Amendment Application Review
(1)
The review of a land use bylaw amendment application shall include all planning considerations
or principals relevant to the circumstances of the amendment application including:
(a)
the objectives and policies of any relevant statutory plan;
(b)
the full range of permitted uses and discretionary uses allowed in the proposed district,
in addition to the merit of the development proposal associated with the amendment
application;
(c)
the potential highest and best use for the site;
(d)
the potential impacts on infrastructure servicing including:
Land Use Bylaw Amendments
132
(1)
sanitary sewage collection, treatment, and disposal,
(2)
water supply, treatment, and distribution,
(3)
storm water collection and storage,
(4)
electric power and natural gas servicing capacity,
(5)
road infrastructure capacity and access points,
(6)
telecommunications services, and
(7)
protective and emergency services and fire suppression measures;
(e)
the potential need for municipal land requirements including right-of-ways and easements;
(f)
collection of feedback submitted by area residents with regard to the amendment
application and provision of the feedback to Council as part of the statutory public hearing;
(g)
referral comments provided by any municipal department, adjacent municipality,
government agency, or other external agency; and
(h)
any other land use planning considerations or principals relevant to the circumstances of
the amendment application.
(2)
Where a land use bylaw amendment application is applied for over lands that are not subject to a
statutory plan, Council shall consider whether a statutory plan should be required prior to
approving the amendment application.
198 Re-application Following Rezoning Refusal
When a rezoning application is made and Council refuses the application, a subsequent rezoning
application for the same or substantially the same site must not be accepted from the same or any other
Applicant until six months after the date on which the rezoning application was refused by Council.
Compliance with This Bylaw
133
Part 16:
Compliance with This Bylaw
199 Enforcement
Pursuant to the MGA and the Provincial Offences Procedure Act, this Bylaw establishes the following
enforcement measures.
200 Inspections
(1)
A Bylaw Enforcement Officer may upon reasonable notice enter on any land or into any building
for the purpose of carrying out any inspection, remedy, enforcement, or action pursuant to any
provision of this Bylaw or the MGA.
(2)
If the owner or occupier of land, a building, or a structure consents to entry on the land by a Bylaw
Enforcement Officer for the purpose of carrying out any inspection, remedy, enforcement, or
action pursuant to any provision of this Bylaw or the MGA, the owner or occupier is deemed to
have been given reasonable notice pursuant to Section 542 of the MGA.
201 Offences
(1)
A person commits an offence who:
(a)
commences or carries on, or causes or allows to be commenced or carried on, a
development without a development permit when a development permit is required
under this Bylaw;
(b)
fails to comply, or causes or allows a failure to comply, with any provision or condition of
a development permit;
(c)
fails to comply, or causes or allows a failure to comply, with any procedure, protocol or
requirement created or issued under Section 184 (Administrative Powers and Duties);
(d)
fails to comply, or causes or allows a failure to comply, with a stop order issued by the
Development Authority pursuant to Subsection 645(2) of the MGA;
(e)
uses, or causes or allows to be used, land or a building in a manner contrary to the
provisions of this Bylaw; or
(f)
contravenes, or causes or allows to be contravened, any other provision of this Bylaw.
(2)
Each day, or part of a day, that an offence under this Bylaw continues constitutes a separate
offence.
202 Penalties
(1)
Where a Bylaw Enforcement Officer believes on reasonable and probable grounds that a person
has committed an offence, the Bylaw Enforcement Officer may commence proceedings by
issuing a summons by means of a violation ticket in accordance with Part 2 or Part 3 of the
Provincial Offences Procedure Act.
Compliance with This Bylaw
134
(2)
Specified penalties for offences are established as follows:
Offence
Land Use Bylaw
Reference
Specified Penalty
First Offence
Specified Penalty
Additional Offences
Development without a
development permit
Section 187
Development Permit
Required
$1000
$2,500
Failure to comply with a
condition of a
development permit
Section 183
Development Authority
Powers and Duties
$1000
$2,500
Failure to comply with
any requirement under
Section 184(1) of this
Bylaw
Section 184(1)
Administrative Powers
and Duties
$1000
$2,500
Contravention of a Stop
Order issued by a
Development Authority
Section 203
Stop Order
$1000
$5,000
Use of land or a building
in contravention of this
Bylaw
Parts 2-8
$1000
$2,500
Contravention of any
other provision of this
Bylaw
-
$500
$1,500
(3)
Pursuant to the Provincial Offences Procedure Act, if the summons issued by the Bylaw
Enforcement Officer under Subsection (1) of this Section so provides, the person named in the
summons may make a voluntary payment in the specified amount set out in the table in Subsection
(2) of this Section, and upon making the voluntary payment, that person is not required to appear
before a justice to answer the summons.
(4)
A person who commits an offence is liable upon summary conviction to pay a fine of not less than
the specified penalty set out in Subsection (2) of this Section and not more than Ten Thousand
Dollars ($10,000) or in default of payment to imprisonment for a period of not more than one year.
(5)
Payment of any fine or imprisonment for any period of time, pursuant to the provisions of this
Bylaw, shall not relieve any person from the necessity of paying any fees, charges or costs for
which that person is liable under the provisions of this Bylaw, any other City bylaw, or any
enactment.
(6)
Nothing in this Bylaw diminishes or in any way affects the rights of the City pursuant to the MGA,
or at common law to seek an entry order, stop order, order for compliance, injunction, or any other
order to obtain compliance with this Bylaw.
203 Stop Order
A Development Authority may issue any order described in Section 645(2) of the MGA upon the
occurrence of any event or circumstance described in Section 645(1) of the MGA.
204 Cancellation/Suspension of Development Permit
(1)
When a development for which a development permit has been issued is not being constructed
or carried on in compliance with any condition of the development permit or with any applicable
provision of this Bylaw or any enactment, then in addition to any other lawful action it may take,
the Development Authority may:
(a)
suspend the development permit for either an indefinite or a specified period of time,
until the development is brought into compliance; or
(b)
cancel the development permit.
Compliance with This Bylaw
135
(2)
If a development permit is issued by mistake, or on the basis of incorrect information, the
Development Authority may cancel the development permit.
(3)
If a Development Authority cancels or suspends a development permit it shall make reasonable
efforts to locate and inform the development permit holder of the action taken.
Compliance with This Bylaw
136
Use Definitions
137
Part 17:
Use Definitions
RESIDENTIAL USES
Principal Dwellings
Detached House
Semi-Detached Housing
Stacked Duplex Housing
Stacked Triplex Housing
Row Housing
Multiple Unit Housing
Planned Residential Community
Accessory Dwellings
Secondary Suite
Backyard Suite
Home Employment Accessory
Uses
Residential Day Home
Remote Work
Home Business, Minor
Home Business, Major
Bed and Breakfast
Short Term Dwelling Rental
Other Residential Accessory Uses
Residential Accessory Building
Residential Accessory Structure
Show Home
Residential Sales Centre
OPEN SPACE USES
Public Park
Golf Course
Campground
INSTITUTIONAL USES
Community and Culture
School
Childcare Service
Place of Worship, Minor
Place of Worship, Major
Public Library
Community Centre
Cultural Centre
Outdoor Recreation Facility
Indoor Recreation Facility
Post-Secondary Institution
Art Studio
Social Organization
Community Garden
Health and Social Services
Health Care Office, Minor
Health Care Office, Major
Community Social Service
Community Food Service
Community Shelter/Transitional
Housing
Continuing Care, Limited
Continuing Care, Minor
Continuing Care, Major
Addiction Service
Supervised Consumption Site
Hospital
Bereavement Uses
Funeral Home
Crematorium
Columbarium
Cemetery
COMMERCIAL USES
Business and Professional
Services
Office, Minor
Office, Major
Government Service
Financial Institution
Commercial School, Minor
Business Support Service
Self Storage, Indoor
Retail and Consumer Services
General Retail Store
Liquor Store
Cannabis Store
Pawn Shop
Adult Novelty Store
Temporary Vendor
Home/Building Supply
Garden Centre
Personal Service
Household Service
Dry Cleaner/Laundromat
Fitness/Wellness Centre, Minor
Fitness/Wellness Centre, Major
Payday Loan
Food, Beverage and
Entertainment
Restaurant, Limited
Restaurant, Full Service
Specialty Food Store
Catering/Remote Food Service
Convention/Event Centre
Hotel
Amusement Establishment, Minor
Amusement Establishment, Major
Bar
Casino
Bingo Hall
Adult Establishment
Animal Uses
Pet Service
Pet Store
Veterinary Clinic
Animal Kennel/Training Centre
Animal Breeding Operation
Vehicle Oriented
Vehicle Fuel Station
Vehicle Fuel Station, Bulk
Vehicle Wash/Detailing
Vehicle Quick Service
Vehicle Service/Repair
Vehicle Body/Paint
Vehicle Sales
RV Sales/Service
Large Vehicle Sales/Service
Truck Stop
Transportation/Fleet Service
Drive Through
Parking Lot
Parking Structure
INDUSTRIAL USES
Light/Medium Industrial
Contractor Service, Minor
Contractor Service, Major
Printing/Publishing/Distributing
Commercial School, Major
Industrial Support Service
Industrial Operation, Minor
RV Storage
Private Storage
Self Storage, Outdoor
Storage Yard
Heavy Industrial
Industrial Operation, Major
Chemical Plant
Resource Extraction
Salvage Facility
AGRICULTURAL
USES
Cannabis Production
Extensive Agriculture
Intensive Agriculture
Agricultural Supplies/Service
Livestock Operation
Abattoir
Confined Feeding Operation
INFRASTRUCTURE
USES
Public Utility, Minor
Public Utility, Major
Renewable Energy System, Minor
Renewable Energy System, Major
Solid Waste Landfill
Recyclables/Waste Depot
Municipal Depot
Protective/Emergency Service
Correctional/Remand Centre
Military Base
Airport
SPECIAL USES
Data Centre
Arena
Special Recreation
Firearms Range
Temporary Accommodation
OTHER USES
Accessory Use
Similar Use
Use Definitions
138
205 Residential Uses
205.1 Principal Dwellings
Detached House means a development where the principal use consists of one principal dwelling
contained within one principal building.
Semi-Detached Housing means a development where the principal use consists of two principal
dwellings contained within one principal building oriented toward a front street with separate, individual, and
direct access to grade.
Stacked Duplex Housing means a development where the principal use consists of two principal
dwellings contained within one principal building where:
one principal dwelling is placed over the other principal dwelling in whole or in part; and
each principal dwelling has separate, individual access either at grade, or to grade from an interior or
exterior stairwell.
Stacked Triplex Housing means a development where the principal use consists of three principal
dwellings contained within one principal building where:
the three principal dwellings are stacked over each other in whole or in part; and
each principal dwelling has separate, individual access either at grade, or to grade from an interior or
exterior stairwell.
Row Housing means a development where the principal use consists of a minimum of three principal
dwellings contained within one principal building oriented toward a front street with separate, individual, and
direct access to grade.
Multiple Unit Housing means a development where the principal use consists of:
a residential site with three or more principal dwellings contained within one or more principal
buildings. Built forms include a fourplex or multiplex, townhouses/stacked townhouses, cluster
housing, apartments, and condominiums; or
a residential component of a mixed-use building with one or more dwellings. Built forms include
apartment units above at-grade commercial.
Planned Residential Community means a development where the principal use is a comprehensively
planned residential area where:
the development may be specifically designed for manufactured homes, mobile homes, modular homes,
tiny homes, or some other similar built form; and
dwellings are arranged in an approved community format.
205.2 Accessory Dwellings
Secondary Suite means a development where one accessory dwelling is located within a Detached
House, or within a principal dwelling of Semi-Detached Housing, or within a principal dwelling of Row
Housing.
Backyard Suite means a development where an accessory dwelling is located in the rear yard of a
residential site.
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205.3 Home Employment Accessory Uses
Residential Day Home means a development where an accessory use is located within one dwelling
where the use:
provides childcare and supervision to a maximum of six children under the age of 12 years, or to children
under the age of 14 years who because of a special need require care;
is operated by one or more occupants of the dwelling;
may be licensed, as required by the Province of Alberta; and
does not provide overnight accommodation.
A dwelling can be developed with a maximum of one Residential Day Home.
Remote Work means a development where an accessory use is located within a dwelling where:
the use is restricted to office- or desk-job work;
the use may be performed independently by one or more occupants of a dwelling;
the purpose of the use is to work for an off-site employer on a temporary, intermittent, or permanent
basis; and
the use does not receive any vehicle visits on, about, or in the vicinity of, the site.
Home Business, Minor means a development where an accessory use is located within a dwelling
where:
the use is operated by one or more occupants of the dwelling;
the purpose of the use is to conduct a business; and
the use does not receive more than five vehicle visits per week on, about, or in the vicinity of, the site.
Home Business, Major means a development where an accessory use is located within a dwelling
where:
the use is operated by one or more occupants of the dwelling;
the purpose of the use is to conduct a business; and
the use does not receive more than 40 vehicle visits per week on, about, or in the vicinity of, the site.
Bed and Breakfast means a development where an accessory use is located on a site where the
principal use is a Detached House where:
the use is operated by one or more occupants of the dwelling;
the purpose of the use is to conduct a business;
the use provides lodging for a nightly fee in a guest room(s);
there are no in-room cooking facilities associated with the guest room(s); and
the use complies with the Province of Alberta Bed and Breakfast Health Standards and Guidelines.
Short Term Dwelling Rental means a development where:
the owner of a dwelling offers short term rental to travelers or others seeking temporary living
accommodation; and
the use may utilize an online marketplace to arrange rentals such as AirBnB, VRBO, or other similar
online platforms.
205.4 Other Residential Accessory Uses
Residential Accessory Building means a development where an accessory building is located on a
site containing a residential use for the purpose of accommodating activities that are incidental and subordinate
to the principal residential use. This use includes sheds, detached garages, detached carports, and other similar
buildings typically used for parking of vehicles and RVs, personal storage, and low-impact activities and
hobbies that are ancillary to, and customarily associated with, a residential use.
Residential Accessory Structure means a structure that is customarily associated with a residential use.
This use includes fences, gates, retaining walls, driveways, permanent swimming pools, hot tubs, covered and
uncovered decks and patios, pergolas, gazebos, arbors, stairs, landings, and other similar structures.
Show Home means a development where a dwelling is used for marketing and sales purposes.
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140
Residential Sales Centre means a development where a building or dwelling is temporarily used to
facilitate the marketing and sale of residential properties on the same site. This use may include a sales office
and display of materials used in the construction of the dwellings that are offered for sale.
206 Open Space Uses
Public Park means a development where the principal use is to provide outdoor open space for recreational
activities that do not require major buildings or facilities. This use may include picnic areas, playgrounds, multi-
purpose trails, landscaped areas, public washrooms, and open space areas that are left in their natural state.
Golf Course means a development where the principal use consists of an area of land developed for the
game of golf. This use may include clubhouses, food services, administrative offices, pro shops, driving ranges,
putting greens, and other typical facilities.
Campground means a development where the principal use consists of an area of land developed for
seasonal or year-round recreational occupancy where the use may:
be designed to accommodate tents, recreational vehicles, or other similar accommodations;
provide utility hook-ups for individual plots; and
provide a variety of common amenities.
This use includes tenting grounds, RV campgrounds, and other similar development formats.
207 Institutional Uses
207.1 Community and Culture
School means a development where the principal use is to provide a structured learning environment at a
public, private, or other facility through which an education program is offered to students from kindergarten to
grade 12, pursuant to the Education Act. This use includes administrative buildings for school staff. This does not
include home education programs as defined by the Education Act.
Childcare Service means a development where the principal use is to provide a facility where:
temporary childcare, educational activities, and supervision are offered to seven or more children under
13 years of age;
an inclusive childcare program may accommodate children under the age of 15 years who, because of
special need, require similar care;
the use may be licensed, as required by the Province of Alberta, to provide temporary childcare and
supervision; and
the use operates during the day or evening but does not include overnight accommodation.
This use includes a daycare, out-of-school/after-school care program, kindergarten, nursery school, preschool,
and other similar childcare services.
Place of Worship, Minor means a development where the principal use is to provide a gathering place
for worship and associated ritual or liturgical activities of a religious society or the incorporated congregation of a
religious group, and has limited parking needs. This use may include facilities for social, benevolent, or charitable
activities.
Place of Worship, Major means a development where the principal use is to provide a gathering place
for worship and associated ritual or liturgical activities of a religious society or the incorporated congregation of a
religious group, and has moderate-to-high parking needs. This use may include facilities for social, benevolent, or
charitable activities.
Public Library means a development where the principal use is to provide a facility for the collection of
printed and other materials for the purpose of lending to the public. This use may include facilities for theatre,
meetings, classrooms, study space, computer use, and other typical activities.
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141
Community Centre means a development where the principal use is to provide a facility that can
accommodate a variety of community-oriented and recreational activities. This use may include auditorium,
banquet, seminar, conference, exhibition, and other typical facilities.
Cultural Centre means a development where the principal use is to provide a facility for:
the collection, preservation, restoration, storage, or display of works or objects of historical,
archaeological, scientific, or artistic value; or
theatrical, literary, dance, musical, and other cultural activities.
This use includes a museum, performance arts theatre, and interpretive centre.
Outdoor Recreation Facility means a development where the principal use is to provide athletic or
recreational facilities that occur outdoors including outdoor swimming pools, sports fields or courts, and other
similar facilities. This use may include spectator areas, change rooms, food services, storage buildings, and other
typical facilities.
Indoor Recreation Facility means a development where the principal use is to provide athletic or
recreational facilities contained within a building including indoor swimming pools, skating rinks, gymnasia, multi-
purpose event centres, and other similar facilities. This use may include areas for spectators, change rooms, food
services, storage, and other typical facilities.
Post-Secondary Institution means a development where the principal use is to provide post-secondary
education programs where:
programs are offered to enrolled students by an authorized agent, university, community college,
polytechnic institution, specialized arts and cultural institution, or independent academic institution
pursuant to the Post-Secondary Learning Act; and
the use may offer education programs to the general public.
This use may include facilities for food services, fitness and sports, library and study areas, laboratories and
research centres, and other typical facilities.
Art Studio means a development where the principal use is:
the production of art by individuals;
the provision of art classes;
the provision of art shows and displays; or
the sale of art pieces.
Social Organization means a development where the principal use is an association, club, society,
foundation, fraternity, or other non-profit or charitable organization operated exclusively for social welfare, civic
improvement, pleasure, recreation, or other similar purposes. This use includes social, recreational, or hobby
groups (bridge clubs, curling clubs, service clubs, and golf clubs), amateur sports organizations (hockey
associations, baseball leagues, and soccer leagues), and festival organizations (parades and seasonal
celebrations).
Community Garden means a development where the principal use consists of a site or part of a site
used for cultivation of vegetables or fruits for consumption or distribution on a not-for-profit basis.
207.2 Health and Social Services
Health Care Office, Minor means a development where the principal use is to provide medical and
health care services on an outpatient basis only and has limited parking needs. This use includes offices of
doctors, dentists, chiropractors, registered massage therapists, physiotherapists, psychiatrists, and psychologists.
This may include the sale of pharmaceuticals, medical supplies, and other goods incidental and related to the
service provided.
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142
Health Care Office, Major means a development where the principal use is to provide medical and
health care services on an outpatient basis only and has moderate-to-high parking needs. This use includes
health care clinics, laboratories, diagnostic services, and offices of doctors, dentists, chiropractors, registered
massage therapists, physiotherapists, psychiatrists, and psychologists. This may include the sale of
pharmaceuticals, medical supplies, and other goods incidental and related to the service provided.
Community Social Service means a development where the principal use is to provide professional or
non-profit social services on an outpatient basis only. This use includes social services related to immigration,
employment, life skills, prenatal services, family planning, youth outreach, mental health, disability, and other
similar social services.
Community Food Service means a development where the principal use is to provide services to
address the insecurity, availability, accessibility, and adequacy of food for the community. This use includes a
food bank and related spaces and activities such as staff offices, indoor and outdoor storage areas, classrooms
for training and instruction in food preparation and nutrition, and other similar activities.
Community Shelter/Transitional Housing means a development where the principal use is to
provide shelter for individuals in need of daytime respite, overnight sleeping accommodation, or temporary living
accommodation where the use may be licensed, as required, or meets the standards established under a higher
level of government. This use includes transitional housing, women's/family shelters, daytime shelters, overnight
shelters, 24-hour shelters, and other similar facilities.
Temporary Accommodation means a development where the principal use consists of an area of land
developed for temporary occupancy where the use:
is designed to accommodate recreational vehicles;
provides utility hook-ups for individual plots;
may provide limited common amenities; and
does not provide social services on the site.
This use includes temporary accommodation for transient workers, short term accommodation for travelers, and
other similar development formats.
Continuing Care, Limited means a development where the principal use is to provide living
accommodation for up to six occupants where:
the use may be licensed, as required, under the Continuing Care Act;
the use may provide a range of on-site services to support the health and well-being of occupants; and
on-site service providers are not included in the number of occupants allowed.
This use includes Supportive Living Accommodation and Continuing Care Homes operated within a variety
of dwelling types.
Continuing Care, Minor means a development where the principal use is to provide living
accommodation for a minimum of seven and a maximum of 12 occupants where:
the use may be licensed, as required, under the Continuing Care Act;
the use may provide a range of on-site services to support the health and well-being of occupants; and
on-site service providers are not included in the number of occupants allowed.
This use includes Supportive Living Accommodation and Continuing Care Homes typically operated within
purpose-built facilities.
Continuing Care, Major means a development where the principal use is to provide supportive living
accommodation for more than 12 individuals where:
the use may be licensed, as required, under the Continuing Care Act;
the use may provide a range of on-site services to support the health and well-being of occupants; and
on-site service providers are not included in the number of occupants allowed.
This use includes Supportive Living Accommodation and Continuing Care Homes typically operated within
purpose-built facilities.
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Addiction Service means a development where the principal use is to provide substance addiction
treatment and recovery services where the use is licensed, as required, or meets the standards established
under a higher level of government.
Supervised Consumption Site means a development where the principal use is to provide a facility
that is exempted by the federal government for medical purposes under Section 56.1 of the Controlled Drugs and
Substances Act and is intended for individuals to consume a controlled substance in a supervised and controlled
environment on an out-patient basis.
Hospital means a development where the principal use is to provide a facility designated by the Province of
Alberta Minister of Health as an approved hospital pursuant to the Hospital Act.
207.3 Bereavement Uses
Funeral Home means a development where the principal use is to provide a facility for arranging and
holding funerals and may include the preparation of the deceased for burial or cremation.
Crematorium means a development where the principal use is to provide a facility where the deceased are
incinerated, collected for internment of the ashes, and preparation made for burial.
Columbarium means a development where the principal use is to provide a facility where urns containing
the ashes of cremated human remains are kept.
Cemetery means a development where the principal use is the burial of remains of the deceased. This use
includes a burial ground, graveyard, mausoleum, or pet cemetery.
208 Commercial Uses
208.1 Business and Professional Services
Office, Minor means a development where the principal use is to provide professional, management,
administrative, information, human resource, or consulting services and has limited parking needs. This use
includes offices of lawyers, accountants, engineers, architects, travel agents, real estate firms, consultants,
insurance companies, financial planners, mortgage providers, and other similar services. This does not include
publicly funded or non-profit medical, health care, or social services.
Office, Major means a development where the principal use is to provide professional, management,
administrative, information, human resource, or consulting services and has moderate-to-high parking needs.
This use includes offices of lawyers, accountants, engineers, architects, travel agents, real estate firms,
consultants, insurance companies, financial planners, mortgage providers, and other similar services. This does
not include publicly funded or non-profit medical, health care, or social services.
Government Service means a development where the principal use is to provide municipal, provincial, or
federal government services. This use includes City Hall, the provincial building, the Courthouse, Service Canada
centres, Canada Post offices and depots, and other similar government services. This does not include publicly
funded or non-profit medical, health care, and social services.
Financial Institution means a development where the principal use is to provide financial and banking
services. This use includes banks, credit unions, trust companies, and other similar services.
Commercial School, Minor means a development where the principal use is to provide professional
training and instruction in trades, occupations, business, skills, or services where:
training and instruction is of a scale and nature that is provided primarily within a classroom setting; and
on-site out-of-class training and instruction does not cause any negative impact to surrounding areas.
This use includes training and instruction in secretarial and administrative support services, business and finance,
computer skills, driving, first aid and safety, industrial trades, beauty and personal care, music, academic tutoring,
and other similar activities.
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Business Support Service means a development where the principal use is to provide support services
to businesses and individuals where there is limited on-site outdoor activity. This use includes printing,
duplicating, binding, and distributing services, information technology, sign making, janitorial or custodial
services, security services, and office equipment supplies, sales, and service.
Self Storage, Indoor means a development where the principal use is to lease indoor portions of a
building for storage of goods where the design, character, and appearance of the use is compatible with the
surrounding area. This use includes office style mini-storage facilities.
208.2 Retail and Consumer Services
General Retail Store means a development where the principal use is the retail sale of goods directly to
the public. Retail items sold may include groceries, convenience items, household goods, home furnishings,
hardware, office equipment and supplies, electronics, clothing, sporting and recreation goods, and personal care
items. This use may include the assembly or repair of products sold on-site, postal service outlets, and
pharmacies.
Liquor Store means a development where the principal use is the retail sale of alcoholic beverages
authorized by provincial legislation. This use includes the retail sale of related accessories, soft drinks, and snack
foods as allowed by the provincial regulator.
Cannabis Store means a development where the principal use is the retail sale of cannabis products
authorized by provincial legislation. This use includes the retail sale of related accessories as allowed by the
provincial regulator.
Pawn Shop means a development where the principal use is to provide secured loans in exchange for
goods offered as collateral, including the sale of such goods. This use includes the resale of any goods sold in
pawn including clothing, jewelry, stereos and other electronics, household goods, musical instruments, and may
include the minor repair of goods sold on-site.
Adult Novelty Store means a development where the principal use is to sell, rent or lend adult novelty
paraphernalia, electronic media, print media, or other similar prurient products where one or more of the following
occurs:
10 percent or more of the floor area of the premises used to display products is devoted to adult novelty
items; or
10 percent or more of the items for sale, rent, or loan are adult novelty items.
This use must:
keep adult prurient products separate from all other goods on the premises that are available for
inspection, sale, rental, or loan; and
ensure that adult prurient products are not sold, rented, loaned to, or made available for inspection by
any individuals under the age of 18 years.
Temporary Vendor means a development where the principal use is the sale of any good, service, food,
agricultural product, beverage, or other retail item from a temporary building, parked vehicle, trailer, modified
shipping container, food kiosk, produce stand, or any other thing.
Home/Building Supply means a development where the principal use is the large-scale retail sale of
materials and supplies required for construction, renovation, maintenance, or assembly of home and garden
components where:
the size or nature of the goods being sold, or the manner in which goods are displayed and sold, may
require large floor areas; and
the use may require significant outdoor storage.
Retail items sold include lumber, plumbing, electrical, millwork, hardware, tools, paint, yard supplies and
structures, household goods, and home furnishings.
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Garden Centre means a development where the principal use is the large-scale retail sale of garden-
related products where:
items may be displayed and sold from a permanent building, temporary structure, or outdoor display
area; and
the use may include indoor and outdoor areas for the planting, growing, storage, display and sale of
plants and other garden products.
Retail items sold include ornamental plants and trees, shrubbery, seeds, fertilizers, chemicals, and gardening
implements.
Personal Service means a development where the principal use is to provide services related to the care
and appearance of the body, repair and maintenance of personal effects, and other similar services. This use
includes non-registered massage, barbershops, hairdressers, beauty salons, tattoo parlors, tailors, seamstress,
shoe and leather repair, professional photography, and the retail sale of products associated with the service
provided.
Household Service means a development where the principal use is to clean or repair household goods
or provide services to individuals of a household nature. This use includes locksmithing, small appliance and
electronics repair, furniture refinishing and upholstery, and the retail sale of products associated with the service
provided.
Dry Cleaner/Laundromat means a development where the principal use is the small-scale cleaning of
clothes, fabrics, rugs, or other personal effects and household items where:
solvents may be used in the process of laundering;
a drop-off and pick-up service may be provided; and
the use may include a self-serve laundromat.
Fitness/Wellness Centre, Minor means a development where the principal use is to provide a facility,
equipment, or instruction for the pursuit of physical fitness, wellness, or recreation and has limited parking needs.
This use includes a gym or weight room, a fitness, yoga, marital art, or dance studio, and other similar activities.
This may include change rooms, limited food services, and the incidental sale of related products.
Fitness/Wellness Centre, Major means a development where the principal use is to provide a facility,
equipment, or instruction for the pursuit of physical fitness, wellness, or recreation and has moderate-to-high
parking needs. This use includes a gym or weight room, a fitness, yoga, marital art, or dance studio, and other
similar activities. This may include change rooms, limited food services, and the incidental sale of related
products.
Payday Loan means a development where the principal use is to provide advancement of money in
exchange for a post-dated cheque, a pre-authorized debit, or a future payment of a similar nature, but not for any
guarantee, suretyship, overdraft protection or security on property, and not through margin loan, pawn brokering,
a line of credit, or a credit card.
208.3 Food, Beverage and Entertainment
Restaurant, Limited means a development where the principal use is to prepare and serve food and
beverages to customers where:
food services are operated at a small-scale;
customers are provided rapid service for on-site or off-site consumption;
the use may have a limited menu from a partially equipped kitchen;
the use may specialize in coffee beverages and smaller food items; and
the use has limited seating and parking needs.
This use includes a coffee shop, bistro, tea house, and other similar food and beverage establishments.
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Restaurant, Full Service means a development where the principal use is to prepare and serve food and
beverages to customers where:
customers are served primarily for on-site consumption;
customers may make reservations for dining-in;
the use may have a menu from a fully equipped kitchen; and
the use has moderate-to-high parking needs.
This may include catering, take-out, pick-up, and delivery food services.
Specialty Food Store means a development where the principal use is the small-scale, on-site production
and retail sale of specialty foods or beverages. This use includes a bakery, butcher, candy or chocolate shop,
deli, ice cream parlour, and other specialty products. This may include limited seating for on-site consumption,
and the functions of preparing, packaging, bottling, storing, or shipping the products made.
Catering/Remote Food Service means a development where the principal use is to prepare, store, and
deliver food and beverages for off-site consumption where the use:
may store delivery vehicles on-site;
may allow on-site pick-up;
may serve customers exclusively through phone and online ordering; and
does not provide on-site seating.
This use includes a standalone catering service, 'virtual restaurant', or 'ghost kitchen'.
Convention/Event Centre means a development where the principal use is to provide a facility for
meetings, seminars, conventions, weddings, product and trade fairs, and other similar events.
Hotel means a development where the principal use is to provide temporary sleeping accommodation in
rooms or suites that have separate access from a common indoor hallway or corridor and/or separate access to
the outdoors. This use includes apartment-style hotels, motels, hostels, and associated eating, drinking,
entertainment, convention, sports, recreation, office, and retail facilities.
Amusement Establishment, Minor means a development where the principal use is to provide
amusement pastimes and entertainment where the scale and nature of the use does not require large indoor or
outdoor areas, and impacts are contained within the site. This use includes internet cafes, comedy clubs, indoor
children's playgrounds, escape rooms, video game arcades, and other similar activities.
Amusement Establishment, Major means a development where the principal use is to provide
amusement pastimes and entertainment where the scale and nature of the use may require large indoor or
outdoor areas, and impacts may not be contained within the site. This use includes video game arcades, movie
theatres, pool halls, bowling alleys, mini-golf courses, water parks, paintball ranges, drive-in movie theatres, and
other similar activities.
Bar means a development where the principal use is the sale of alcoholic beverages for on-site consumption
where:
the use may include food services;
the use may include live or recorded music and entertainment; and
the use prohibits minors from lawfully utilizing the facility.
Casino means a development where the principal use is to provide participants the opportunity to engage in
gambling.
Bingo Hall means a development where the principal use is to provide participants the opportunity to
engage in bingo games.
Adult Establishment means a development where a use provides entertainment that appeals to or
stimulates, or is intended to appeal to or stimulate, the prurient interests or erotic desires of its customers whether
or not that is a principal use. This use does not include a business that holds a valid and subsisting license
under the Escort Service Bylaw.
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208.4 Animal Uses
Pet Service means a development where the principal use is to provide non-medical services related to
small domestic animals and pets where:
the use does not include outside animal enclosures;
animals are not boarded overnight; and
small domestic animals or pets are not offered for sale.
This use includes pet washing and grooming.
Pet Store means a development where the principal use is the retail sale of small domestic animals, pets,
related goods, and where:
animals for sale are kept on-site;
the use may display a limited number of animals up for adoption;
the use may include non-medical pet services; and
the use does not include outside animal enclosures.
Veterinary Clinic means a development where the principal use is to provide veterinary services for small
domestic animals and pets where:
overnight stays may be necessary for medical observation or recovery of animals; and
the use may include the retail sale of products associated with the service provided.
Animal Kennel/Training Centre means a development where the principal use is to provide temporary
accommodation and care, training, or impoundment of small domestic animals and pets where:
impoundment operates primarily within a building;
the use may include outdoor enclosures for the benefit of animals; and
the use may include facilities for the washing, grooming, or minor medical care.
This use includes pet training centres, daycares, pounds, and rescue centres.
Animal Breeding Operation means a development where the principal use is the breeding of small
domestic animals or pets where:
kennelling and care operates primarily within a building;
the use may include domestic animal and pet training services;
the use may include outdoor enclosures for the benefit of animals; and
the use may include facilities for the washing, grooming, or minor medical care.
208.5 Vehicle Oriented
Vehicle Fuel Station means a development where the principal use is the retail sale of gasoline or other
vehicle fuels, related petroleum products, incidental automotive accessories, and convenience items.
Vehicle Fuel Station, Bulk means a development where the principal use is the bulk retail sale of
gasoline or other vehicle fuels, related petroleum products, incidental automotive accessories, and convenience
items.
Vehicle Wash/Detailing means a development where the principal use is the cleaning of vehicles and
recreational vehicles where the use provides:
self-serve handheld wands, vacuums, or other cleaning tools; or
touchless, mechanized drive-through car washes.
Vehicle Quick Service means a development where the principal use is to provide rapid maintenance
and repair services to vehicles where the customer typically remains within their vehicle or waits on the
premises for the service to be complete. This use includes rapid oil and lubrication services, tire shops, and other
specialty repair shops.
Vehicle Service/Repair means a development where the principal use is the service and repair of
vehicles, or re-manufacture or machining of vehicle parts.
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Vehicle Body/Paint means a development where the principal use is the repair and painting of vehicle
body parts.
Vehicle Sales means a development where the principal use is the sale or lease of vehicles.
RV Sales/Service means a development where the principal use is to sell, lease, rent, service, or repair
recreational vehicles.
Large Vehicle Sales/Service means a development where the principal use is to sell, lease, rent,
service, wash, or repair large vehicles and equipment.
Truck Stop means a development where the principal use is to cater to the needs of commercial truck traffic
and the travelling public. This use may include large vehicle parking, laundry facilities, public washrooms, and
food services.
Transportation/Fleet Service means a development where the principal use is to provide for the
transportation of people, goods, and services. This use includes a taxi, rideshare, courier or delivery service,
shuttle service, limousine service, private bus station, car rental, and other similar fleet services. This may include
a dispatch, terminal, platform, sheltered waiting areas, or the storage, repair, cleaning, and maintenance of
vehicles when not in operation.
Drive Through means a development where the principal use is to provide goods or services to individuals
in a parked or stationary vehicle by way of a service window. This use includes a drive-through automated
banking machine, and the drive-through service window of an eating and drinking establishment.
Parking Lot means a development where the principal use is to provide an area for the short-term storage
and parking of vehicles where:
the use is situated at grade;
the use may be wholly or partially enclosed; and
the use may have covered and uncovered parking areas.
Parking Structure means a development where the principal use is to provide an area for the short-term
storage and parking of vehicles where:
the use has at least one below grade or above grade tier or floor;
the use may be wholly or partially enclosed; and
the use may have covered and uncovered parking areas.
209 Industrial Uses
209.1 Light/Medium Industrial
Contractor Service, Minor means a development where the principal use is to provide small-scale
general contractor and sub-trade services where:
the use may include office, administrative, meeting, dispatch, technical support, and similar activities; and
the use may require limited outdoor storage.
Contractor Service, Major means a development where the principal use is to provide large-scale
general contractor and sub-trade services where:
the use may include office, administrative, meeting, dispatch, technical support, and similar activities; and
the use may require significant outdoor storage.
Printing/Publishing/Distributing means a development where the principal use is the large-scale
production, duplication, or distribution of graphic and printed materials where the use:
may include the binding of printed materials;
may include the functions of packaging or shipping products made; and
may be of a scale and nature that requires outdoor storage areas.
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Commercial School, Major means a development where the principal use is to provide professional
training and instruction in trades, occupations, business, skills, or services where:
in-class training and instruction may occur on-site; and
on-site out-of-class training and instruction is of a scale and nature that requires large indoor or outdoor
areas and may cause negative impacts to surrounding areas.
This use includes training and instruction in driving large vehicles, heavy equipment operation, civil engineering,
construction, electrical, heating, plumbing, welding, automotive trades, and other similar activities.
Industrial Support Service means a development where the principal use is to provide sales, supplies,
or service to agricultural, industrial, or business clients. This use includes oilfield services, waste management
services, heavy machine and equipment maintenance and rental, industrial cleaning, agricultural support
services, and other various support services.
Industrial Operation, Minor means a development where the principal use is an industrial activity
where:
the use may include manufacturing, fabricating, processing, assembly or disassembly of materials, semi-
finished goods, finished goods, food, beverages, products, or equipment;
the use may include warehousing, packaging, repackaging, shipping, and distribution of goods;
the use may engage in research and development activities performed on-site that consist of non-
hazardous technical work, scientific research, experiments, teaching, testing, analysis, quality control,
and other similar activities; and
the scale and nature of the use does not generate any detrimental impacts, potential health or safety
hazard, or excessive nuisance factor beyond the boundaries of the site.
RV Storage means a development where the principal use is to provide an area for the temporary parking
and storage of recreational vehicles.
Private Storage means a development where the principal use is the private storage of goods on a site
where the owner of the goods is also the owner of the site, and the owner maintains care and control of the use.
Self Storage, Outdoor means a development where the principal use is to lease portions of a site for
storage of goods. This use includes outdoor mini-storage facilities.
Storage Yard means a development where the principal use is the outdoor storage of vehicles, equipment,
goods, materials, supplies, or any other thing other than salvage materials.
209.2 Heavy Industrial
Industrial Operation, Major means a development where the principal use is an industrial activity
where:
the use may include manufacturing, fabricating, processing, assembly or disassembly of materials, semi-
finished goods, finished goods, food, beverages, products, or equipment;
the use may include warehousing, packaging, repackaging, shipping, and distribution of goods;
the use may engage in research and development activities performed on-site that consist of hazardous
technical work, scientific research, experiments, teaching, testing, analysis, quality control, and other
similar activities; and
the scale and nature of the use may generate detrimental impacts, potential health or safety hazards, or
significant nuisance factors beyond the boundaries of the site.
This use includes large scale manufacturing or processing plants, food and beverage processing plants,
sawmills, tire production and recycling, concrete and asphalt plants, salvage processing involving significant
heating or chemicals, and other similar activities. This does not include any operation that involves live animals.
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150
Chemical Plant means a development where the principal use is an industrial activity where:
the use may manufacture or process chemicals on a large scale;
the scale and nature of the use may generate detrimental impacts, potential health or safety hazards, or
significant nuisance factors beyond the boundaries of the site;
the use may process crude oil, used motor oil or natural gas; and
the use may utilize a hydrocarbon as feedstock.
This use includes refineries, pharmaceutical plants, polymer plants, fertilizer plants, or any other chemical or
petrochemical plant.
Resource Extraction means a development where the principal use is the removal, extraction, primary
processing, crushing, and stockpiling of resource materials found on or under a site, or accessible from a site.
This use includes gravel pits, sand pits, clay pits, quarries, mines, or the stripping of topsoil. This does not include
the processing of resource materials transported to a site.
Salvage Facility means a development where the principal use is the processing of salvage materials
where:
scrap, dilapidated, damaged, inoperable, or obsolete goods, vehicles, machinery, equipment, building
materials, metal objects, or any other salvage materials are stored, dismantled, crushed, or sorted; and
where the use may include the incidental sale of parts and materials that are recovered from the
salvaged materials.
This use includes scrap yards, auto wrecker/recyclers, and other vehicle and machinery recyclers and
dismantlers. This does not include the manufacture or assembly of any goods for sale, the servicing or repair of
anything, or the sale of operable vehicles.
210 Agricultural Uses
Cannabis Production means a development where the principal use is the production, cultivation, growth,
storage, distribution, processing, testing, manufacturing, assembling, or altering of cannabis. This use includes
activities regulated under federal licenses for cultivation and processing of cannabis.
Extensive Agriculture means a development where the principal use consists of the raising of crops or
the grazing and rearing of livestock over large, predominantly outdoor areas.
Intensive Agriculture means a development where the principal use is a concentrated method of raising
or harvesting crops, trees, or shrubs. This use includes greenhouses, tree farms, sod farms, nurseries, and
similar agricultural activities.
Agricultural Supplies/Service means a development where the principal use is to support operations
related to the agricultural industry. This use includes the sale, distribution or storage of grain, livestock feed,
fertilizer, agricultural research facilities, and other similar activities.
Livestock Operation means a development where the principal use is to support operations related to the
agricultural industry including:
livestock auctions;
a livestock yard where animals are temporarily penned or housed before being sold or transported
elsewhere; and
the storage of livestock hauling vehicles and other agricultural trucking operations.
Abattoir means a development where the principal use consists of an indoor facility where live animals are
processed into food for human consumption.
Confined Feeding Operation means a development where the principal use consists of fenced or
enclosed land or buildings where livestock are confined for the purpose of growing, sustaining, finishing, or
breeding by means other than grazing. This use does not include any residences, grazing livestock operations,
livestock seasonal feeding and bedding sites, equestrian stables, auction markets, racetracks, or exhibition
grounds.
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151
211 Infrastructure Uses
Public Utility, Minor means a development where the principal use consists of a system or works used to
provide one or more of the following for public consumption, benefit, convenience, or use:
water or steam;
sewage disposal;
public transportation operated by or on behalf of the municipality;
irrigation;
drainage;
fuel;
electric power;
heat;
waste management; and
residential and commercial street lighting.
This use includes small utility buildings and structures, deep and shallow utility instalments, lamp standards, fire
hydrants, power poles, pump stations, oil and gas wells, and similar infrastructure.
Public Utility, Major means a development where the principal use is the production, transmission,
delivery or furnishing of a public utility for public consumption, benefit, convenience, or use. This use includes
power plants, incinerators, water treatment plants, sewage treatment plants, and sewage lagoons.
Renewable Energy System, Minor means a development where the principal use is to provide a
small-scale method of generating electrical power through alternative energy sources including wind or solar
technologies for use by a single site for a residence or commercial building.
Renewable Energy System, Major means a development where the principal use is to provide a large-
scale method of generating electrical power through alternative energy sources including wind or solar
technologies for connection to a public utility system.
Solid Waste Landfill means a development where the principal use is a landfill as defined in the
Subdivision and Development Regulation.
Recyclables/Waste Depot means a development where the principal use is to provide a facility where
recyclable materials are collected, temporarily stored, and periodically removed and emptied off-site. This use
includes a recyclables sorting facility, beverage container exchange, and outdoor bin drop-off depots.
Municipal Depot means a development where the principal use is a municipal function where:
vehicles, equipment, goods, materials, or supplies may be stored for a municipal purpose;
vehicles or equipment may be maintained, serviced, or repaired on-site;
sand, gravel and other goods, materials, or supplies necessary to the operation and maintenance of
infrastructure are piled or stored; and
any other municipal function of an industrial nature, related to providing a public service, may be
performed.
Protective/Emergency Service means a development where the principal use is to provide police, fire,
and emergency medical services.
Correctional/Remand Centre means a development where the principal use is to provide a facility
where individuals are confined in lawful detention. This use includes a correctional facility, remand centre, and
youth custody facilities.
Military Base means a development where the principal use is directly owned and operated by or for the
Canadian Armed Forces or one of its branches.
Airport means a development where the principal use consists of an aerodrome certified by the federal
minister of transport.
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152
212 Special Uses
Data Centre means a development where the principal use consists of a facility where computer systems
and related components are used for storing, processing, and delivering data and applications.
Arena means a development where the principal use consists of a facility where sporting and other events
are held and includes tiers of seating or viewing areas for spectators.
Special Recreation means a development where the principal use consists of recreational activities that
are incompatible with urban development because of expected noise, dust, vibration, or other impacts. This
includes motorsports, racing tracks, remote-control hobbies, and other activities.
Firearms Range means a development where the principal use is to provide an indoor or outdoor facility
specifically designed for the legal discharge of firearms for sport, recreation, or training purposes where:
the use must comply with the RCMP Range Design and Construction Guidelines of the Canadian
Firearms Program; and
all shooting ranges must have a current shooting range approval issued by the Alberta Chief Firearms
Officer.
213 Other Uses
Accessory Use means a use of a site or a building, or a portion of a site or a building, which is naturally or
normally incidental, subordinate, and devoted to, or customarily associated with, the principal use of a site or
building.
Similar Use means a use of a site or building in a district which, in the opinion of the development
authority, is so similar to a permitted use or a discretionary use in that district that it meets the intent of
Council for the development of that district as set out in the applicable purpose statement, but does not
include a use that is a permitted use or a discretionary use in any other district.
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153
Part 18:
General Definitions
accessory accommodation means a development where night shift or staff living accommodation is in support
of a principal use. This includes a manager's suite, caretaker suite, on-site security suite, and worker housing.
Airport Zoning Regulation Overlay Map means the map of the City or a portion of the City, showing the Airport
Zoning Regulation Overlay boundary that is adopted by resolution of the Council and available for inspection in
electronic format on the City's website.
Airport Zoning Regulation Overlay or AZRO means the overlay established in Part 12 for the benefit of the
Medicine Hat Regional Airport.
Airport Zoning Regulation Bylaw or AZRB means the Airport Zoning Regulation Bylaw No. 4294, a bylaw of
the City to regulate the use of lands adjacent to or in the vicinity of the Airport for the purpose of ensuring that
development is not incompatible with the safe operation of the Airport.
alley means an alley as defined in the Traffic Safety Act: a narrow road intended chiefly to give vehicle access to
the rear of buildings and parcels of land.
apartment means a development where three or more principal dwellings are contained within a building and
share a common entrance and internal hallway system.
Applicant means a person who is lawfully entitled to make, and makes, an application for any permit, agreement,
approval, document, or other thing that may be issued, made, or done under the authority of this Bylaw.
Arterial and Collector Road Map means a map of the City or a portion of the City, showing the locations of
arterial roads and collector roads in the area depicted by the map, that is referenced in the Public Roads Bylaw.
back of sidewalk means the edge of a sidewalk that adjoins or overlaps a property line, on the opposite side of
the sidewalk from the side that abuts the road.
bottom of escarpment means the lowest break line or topographic discontinuity between the river valley system
wall and the river valley system bottom. It is the point at which the overall slope changes from less than 33
percent (18 degrees) to greater than 33 percent (18 degrees).
boulevard means a boulevard as defined in the Traffic Safety Act: that part of a highway in an urban area that is
not roadway and is that part of the sidewalk that is not especially adapted to the use of or ordinarily used by
pedestrians.
buffer means a transitional area of land between two distinct land uses or districts used to mitigate or lessen the
impact of one land use on another.
building means a building as defined in the Municipal Government Act: anything constructed or placed on, in,
over or under land, but does not include a highway or road or a bridge that forms part of a highway or road.
building grade means, for the purposes of determining building height, the average level of finished ground at
the corners of a building as determined by the Development Authority, excluding any localized depressions.
building height means the vertical distance between the geodetic elevations of the floor on the first storey (as
determined by building grade) and the highest point of the roof.
building, accessory means a development where a building is located on a site for the purpose of
accommodating activities that are incidental and subordinate to the principal use.
building, high-rise means a building that is seven or more storeys tall.
building, low-rise means a building that is not more than three storeys tall.
building, mid-rise means a building that is between four and six storeys tall.
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154
building, non-conforming means a building that is lawfully constructed or lawfully under construction at the date
a land use bylaw affecting the building or the land on which the building is situated becomes effective; and that on
the date the land use bylaw becomes effective does not, or when constructed will not, comply with the land use
bylaw.
building, principal means a building in which a principal use of a site occurs.
business means an activity or enterprise conducted for the gain, benefit, advantage, or livelihood of a person,
and includes every trade, industry, occupation, employment, calling, and the offering or provision of goods and
services.
business license means a license issued under the provisions of the Licensing Bylaw of the City.
Bylaw Enforcement Officer means a person appointed by the City or by the City's Police Service, having the
authority to enforce City bylaws, and includes a police officer or peace officer appointed under the Police Act or
the Peace Officer Act.
Bylaw, this means the City of Medicine Hat Land Use Bylaw no. 4853.
change of tenancy means a change in the owner or tenant of land or a building where:
the site has a valid development permit for an existing use;
the change in the owner or tenant does not result in a change of use of land or a building; and
the change in the owner or tenant does not result in or is not likely to result in an increase in intensity to
the existing use of land or a building.
City Manager means the person appointed as City Manager pursuant to a City bylaw and includes any person to
whom the City Manager has delegated any power, duty or responsibility assigned to the City Manager under this
Bylaw.
City of Medicine Hat or the City means the municipal corporation of the City of Medicine Hat or the land lying
within the boundaries of the City of Medicine Hat, as the context requires.
City Planner means the Director of Planning and Development Services and includes any other City employee to
whom the City Planner delegates any of the powers or duties of that position.
cluster housing means a comprehensively planned residential site with multiple low-rise principal building(s)
containing up to four principal dwellings but does not include a Planned Residential Community.
Continuing Care Home means a publicly funded facility or part of a facility where accommodations, health care,
and support services are provided to residents. In accordance with the Continuing Care Act, this includes
Continuing Care Homes Type A (formerly Long Term Care), Type B (formerly Designated Supportive Living) and
Type C (formerly Designated Supportive Living Dementia).
corner visibility triangle means a triangular area on a site:
located at the intersection of two roads that are not alleys; or
located at the intersection of an alley and a road that is not an alley;
formed on two sides by the edges of the two roads, or the road and alley; that intersect at a corner of the site; and
on the third side by a straight line drawn to connect two points, one along the intersecting edge of each road or
alley, that lie:
7.50 m from the point of intersection in the case of two intersecting roads that are not alleys; or
3.00 m from the point of intersection in the case of an alley intersecting with a road that is not an alley.
(Note: a corner site may have more than one corner visibility triangle if there is an alley behind it and roads to the
front and side)
Council means the Council of the City of Medicine Hat.
deck means a horizontal structure, raised a minimum of 0.6 m above grade, that is intended for use as an
outdoor amenity area.
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155
designated flood level means a minimum height for the main floor of a building and may dictate where electrical
and mechanical systems must be located.
development means development, as defined in the Municipal Government Act:
an excavation or stockpile and the creation of either of them;
a building or an addition to or replacement or repair of a building and the construction or placing of any of
them on, in, over or under land;
a change of use of land or a building or an act done in relation to land or a building that results in or is
likely to result in a change in the use of the land or building; or
a change in the intensity of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the intensity of use of the land or building.
Development Authority means a person or entity established under this Bylaw as a Development Authority and
includes any person to whom powers and duties of Development Authority have been delegated to the extent of
the scope of the delegation.
Development Officer means a person to whom the City Planner has delegated some or all of the powers and
duties of Development Authority.
development permit means a document authorizing a development issued under the provisions of this Bylaw.
development regulation means a rule or requirement:
set out in a particular district in Parts 2 through 8;
set out in Part 9 (Rules for All Districts);
set out in Part 10 (Use Specific Rules);
set out in Part 11 (Sign Rules);
set out in Part 12 (Airport Zoning Regulation Overlay); and
established at the discretion of the Development Authority.
development setback line means a line which defines the closest point to the top of escarpment or the bottom
of escarpment where:
a development may occur, in the case of an existing site; or
a property line may be established in the case of a proposed subdivision.
development, non-residential ancillary means a minor or incidental use of land or a building associated with an
approved non-residential use which is secondary or subsidiary to, but a part of, integral to, and is a typical and
expected development or function of a non-residential use. This includes fencing, gates, pergolas, gazebos,
arbors, stairs, landings, irrigation systems, and other similar developments.
development, residential ancillary means a minor or incidental use of land or a building associated with an
approved residential use which is secondary or subsidiary to, but a part of, integral to, and is a typical and
expected development or function of a residential use. This includes air conditioning units, sprinkler systems,
walkways, children's play equipment, trampolines, treehouses, skateboard structures, sports equipment, yard
storage bins, compost bins/piles, bird houses, pet enclosures, yard and patio furniture, rain barrels, clothes lines,
barbeques and associated enclosures, flag poles, fire pits, temporary/seasonal swimming pools, satellite dish
antenna, amateur/hobby radio antenna or weather station, and other similar things.
district means a land use district established in Section 9, and more particularly described in Parts 2 through 8 of
this Bylaw and diagrammed on the Land Use District Map.
driveway means an area that provides access for vehicles from a road to an attached garage or detached
garage or off-street parking pad associated with a residential use on the same site.
dwelling means a self-contained unit for the purpose of a household residence that may include food storage
and preparation, sleeping, and personal hygiene facilities.
dwelling, accessory means a dwelling that is accessory to and customarily associated with a principal dwelling.
Secondary Suites and Backyard Suites are accessory dwellings.
dwelling, principal means a building or portion of a building in respect of which the principal use is a residence.
General Definitions
156
electronic display means sign copy displayed utilizing electronic screens, televisions, computer video monitors,
liquid crystal displays, light-emitting diode displays, or any other similar electronic technology.
environmental impact assessment means an environmental impact assessment report as defined in the
Environmental Protection and Enhancement Act
environmental site assessment means an environmental site assessment as defined in the Alberta
Environmental Site Assessment Standard: an investigation in relation to land to determine the environmental
condition of property. It includes a Phase 1 environmental site assessment, a Phase 2 environmental site
assessment and confirmatory investigation.
façade means the exterior wall of a building facing a road but does not include any side of a building facing an
interior side property line, a rear property line, or an alley.
flood fringe means that part of the flood hazard area outside of the floodway where floodwaters are generally
shallower and the rate of flow is slower, as shown on the Flood Hazard Maps of the Flood Hazard Identification
Program prepared by Alberta Environment and Protected Areas.
flood level means water elevation during a 1:100 year flood event, meaning a flood with a 1% chance of being
equaled or exceeded in any given year, also known as a 100-year flood.
flood hazard area means the lands at or below the designated flood level that are predicted to be affected by a
1:100 year flood event as shown on the Flood Hazard Maps of the Flood Hazard Identification Program prepared
by Alberta Environment and Protected Areas.
floodway means that part of the flood hazard area where floodwaters are deepest, fastest, and most destructive,
as shown on the Flood Hazard Maps of the Flood Hazard Identification Program prepared by Alberta
Environment and Protected Areas.
floor area ratio or FAR means the numerical value obtained by dividing the gross floor area of all buildings on a
site, excluding parking below grade, by the site area.
garage means a detached residential accessory building, or an attached component of a dwelling, designed and
used by the owner/occupant of the residence for vehicle storage, other storage, or low-impact activities and
hobbies that are ancillary to and customarily associated with a residential use.
geophysical risk lands means areas of the City where there may be risk resulting from natural conditions
associated with steep and often unstable slopes and areas historically susceptible to flooding.
gross floor area or GFA means the total floor area of a Building contained within the outside surface of exterior
and basement walls.
gross vehicle weight or GVW means the value specified by the vehicle manufacturer as the maximum loaded
weight of a vehicle.
Heritage Inventory means a list of properties and sites with qualities or characteristics that are recognized or
significant and contribute to the City's heritage. Placement on the Heritage Inventory entails a thorough
evaluation of the building or site for historical, architectural, or cultural significance and may include archival
research, photographs and other documentation. This list may contain both designated Historic Resources and
places that may have the potential to receive historic designations.
Historic Resource means an Historic Resource, as defined in the Historical Resources Act, which is designated
as a Municipal Historic Resource, Provincial Historic Resource, Registered Historic Resource, or National Historic
Site.
home care means health goods and services delivered by a home care provider to an eligible individual in the
individual's home but does not include facility-based care or supportive living services.
home business includes a Home Business, Minor and a Home Business, Major.
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157
infill means:
a new residential or non-residential development where a building previously existed;
development of a vacant site; or
a major addition to an existing building including an increase in gross floor area of the building by more
than 65 square meters, the addition of an attached garage, adding an additional story, or a new
Secondary Suite or Backyard Suite.
internal private roadway means a road that is located entirely on a site and is used to provide access to
development within the site.
Land Use District Map means a map of the City or a portion of the City, showing the land use district
classifications of the sites covered by the map, that is adopted by Bylaw and attached to this Bylaw as Schedule
"A" and is available for inspection in electronic format on the City's website.
landscaping or landscaped means the enhancement of a site by the addition of:
xeriscaping;
decorative soft landscaping elements such as trees, shrubs, turf, other vegetative plantings, or mulch; or
decorative hard landscaping elements such as pavers, landscaping rock, or stamped and coloured
concrete,
but does not include monolithic concrete, asphalt, gravel, or loose aggregate.
livestock means one or more of the following:
a horse, mule, ass, swine, emu, ostrich, camel, llama, alpaca, sheep, or goat;
domestically reared or kept deer, reindeer, moose, elk, or bison;
farm bred fur bearing animal including a fox or mink;
animal of the bovine species;
animal of the avian species including a chicken, turkey, duck, goose, or pheasant; and
any other animal that is kept for agricultural purposes,
but does not include cats, dogs, or other domestic household pets.
minimum building opening elevation or MBOE means an elevation that consists of the 1:100 year flood event
elevation specific to each site plus freeboard of 0.5m (MBOE = 1:100 yr/event elevation + 0.5 m).
mobile cooking operation means a vehicle, trailer, or cart that when stationary is used to produce, cook, sell, or
distribute food to the public or at private events. This includes a food truck, food cart, or similar mobile operation.
Municipal Development Plan or MDP means a statutory plan, prepared in accordance with Section 632 of the
Municipal Government Act.
Municipal Government Act or MGA means the Province of Alberta Municipal Government Act.
Municipal Historic Area means an Historic Resource that is designated in accordance with the Historical
Resources Act as a Municipal Historic Area.
Municipal Historic Resource means an Historic Resource that is designated in accordance with the Historical
Resources Act as a Municipal Historic Resource.
Municipal Planning Commission or MPC means the Municipal Planning Commission for the City, established
under the Municipal Planning Commission Bylaw.
Municipal Servicing Standards Manual or MSSM means the detailed requirements for construction of any
municipal infrastructure, public utility, or road or of anything intended to connect to or integrate with any municipal
infrastructure, public utility, or road, as set out in a document or set of documents published by the City under the
title of Municipal Servicing Standards Manual.
offence means an offence established under Part 16 of this Bylaw.
off-street parking means an area associated with a development that is set aside for parking of vehicles and is
located on the development site and not on a road.
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158
outdoor boulevard patio means a structure located within a public road right-of-way used as an outdoor patio
associated with a use that provides food and beverage services.
outdoor display area means an outdoor place on a non-residential site where goods are temporarily put on
display for inspection by, or retail sale or lease to, the general public.
overall slope means the slope of a hypothetical section line joining the top of escarpment and the bottom of
escarpment.
overlay means the establishment of development regulations, applicable to sites within the boundary of an
overlay, that are in addition to, and not in substitution for, other development regulations, unless a development
regulation set out in an overlay specifically or by necessary implication supersedes, replaces, or varies another
development regulation.
patio means a horizontal structure, raised not more than 0.6 m above grade, that is intended for use as an
outdoor amenity area.
personal sale means the sale of goods through small-scale events commonly known as yard sales, moving
sales, estate sales, and other temporary events including a garage sale as defined in the Licensing Bylaw.
Plannning and Development Services or PDS means the Planning and Development Services Department of
the City.
property line means the line shown on a legal plan of survey that forms a boundary between a site and an
abutting site or a road.
property line, exterior side means a side property line of a site that forms the boundary of the site with a road.
property line, front means the property line separating a site from an abutting road other than an alley, and in
the case of a corner site means the shorter of the two property lines separating the site from an abutting road.
property line, interior side means a side property line of a site that forms the boundary of the site with another
site.
property line, rear means the property line of a site which is furthest from and parallel or approximately parallel
to the front property line.
property line, side means a property line of a site other than the front property line or the rear property line.
Provincial Historic Resource means an Historic Resource that is designated in accordance with the Historical
Resources Act as a Provincial Historic Resource.
public playground means an outdoor area, located on publicly owned land, used for play or recreation,
especially by children, and often containing recreational equipment such as splash parks, slides, swings, and
other play structures.
public realm means places, linkages, and built form elements that are physically accessible by pedestrians. The
public realm primarily consists of public property but may include areas where private property is accessible to
pedestrians and connects to, interfaces with, or transitions to public property. The public realm includes municipal
streets, lanes, squares, plazas, courtyards, sidewalks, trails, parks and open space, waterfronts, and other
amenities.
purpose statement means the words under the heading "Purpose" at the beginning of each district description
found in Parts 2 through 8 of this Bylaw and are intended to describe in a general way the intent of Council for the
development of the district.
real property report or RPR means a report on a site, prepared by a qualified Alberta Land Surveyor, in
accordance with the Alberta Land Surveyors' Association Manual of Standard Practice.
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159
recreational vehicle or RV means a vehicle or other thing that is primarily designed to provide temporary living
quarters for recreational camping, travel, or seasonal use, whether it has its own motor power or is mounted on or
towed by another vehicle, and includes a motorhome, a travel trailer, a fifth wheel travel trailer, a tent trailer, and
a camper whether or not the camper is attached to a vehicle.
Registered Historic Resource means an Historic Resource that is designated in accordance with the Historical
Resources Act as a Registered Historic Resource.
residential repurpose means the conversion of a Detached House from a residential principal use to a
commercial principal use. The building typically maintains its exterior residential character and appearance, and
commercial activities allowed must be compatible with adjacent sites.
rezoning application means an application to amend this Bylaw for the purpose of changing the district
classification of a site.
river valley system means the South Saskatchewan River and its tributaries and the valleys and coulees of the
South Saskatchewan River and its tributaries.
road means a highway as defined in the Traffic Safety Act: any thoroughfare, street, road, trail, avenue, parkway,
driveway, viaduct, lane, alley, square, bridge, causeway, trestleway, or other place or any part of any of them,
whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or
parking of vehicles and includes:
a sidewalk, including a boulevard adjacent to the sidewalk;
if a ditch lies adjacent to and parallel with the road, the ditch; and
if a highway right of way is contained between fences or between a fence and one side of the road, all
the land between the fences, or all the land between the fence and the edge of the road, as the case may
be,
but does not include a place declared by regulation not to be a highway.
road, arterial means a road shown as an arterial road on the Arterial and Collector Road Map.
road, collector means a road shown as a collector road on the Arterial and Collector Road Map.
school reserve means land that is designated as municipal reserve or school reserve under the MGA, for the
future development of a school site.
screening means the use of landscaping, fences, berms, roof parapet, or other appropriate means to visually
separate areas, sites, or uses.
sensitive environmental area means a natural area which, because of its features or characteristics, is
significant from an environmental perspective including areas containing rare flora, wildlife habitat, floodplains,
riparian areas, wetlands, escarpments, and/or native grasslands.
service agreement means an agreement, including the kind described in Section 655(1)(b) of the Municipal
Government Act.
setback means the distance between:
the foundation of a building, excluding exterior cladding, a development, a natural feature, or other thing;
and
a property line, a building, a development, or other thing
and when any thing is described as being "set back" from any other thing, a grammatically analogous meaning
applies.
setback, exterior side means the distance between a building or development or other specified thing on a site,
and an exterior side property line.
setback, front means the distance between a building or development or other specified thing on a site, and a
front property line.
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setback, interior side means the distance between a building or development or other specified thing on a site,
and an interior side property line.
setback, rear means the distance between a building or development or other specified thing on a site, and a
rear property line.
setback, side means the distance between any part of a building or development or other thing on a site that is
within or abuts a side yard, and the segment of side property line that forms the boundary of that side yard.
shed means a detached residential accessory building designed and used primarily for storage or low-impact
activities and hobbies that are ancillary to and customarily associated with a residential use.
shipping container means a seacan or any other form of container that was or could be used for transport of
goods by means of rail, truck, or by sea. Shipping containers are typically rectangular in shape, are generally
made of metal, and vary in dimensions.
sign, address means a sign that identifies the municipal address of a building, the name of a building, or the
name of any individuals occupying a building.
sign, canopy means a sign which either forms a part of, or is attached to, a retractable or permanently affixed
canopy structure.
sign, façade means a sign attached to or painted onto a façade, the face of which is parallel to the wall to which
it is attached, but does not include a mural.
sign, freestanding means a sign which is supported independently by columns, structures, or other supports
that are placed or anchored in the ground and do not require support from a building or other structure.
sign, portable means a sign mounted on a frame, trailer, stand, or similar structure that is easily transported, but
does not include a sandwich board or a temporary sign.
sign, projecting means a sign attached to a façade which projects either perpendicularly or at an angle from the
façade.
sign, real estate means any sign displayed by or at the direction of a licensed realtor, or by the owner or
occupant of a site, for the purpose of announcing that a site is for sale or lease.
sign, sandwich board means an "A" shaped form of sign sometimes referred to as an "A-frame" which is set on
but not attached to the ground and has no external supporting structure, no illumination, and no electronic
display.
sign, specialized means a sign that does not fall within any other definition of a type of sign in this Bylaw.
sign, window means a sign that is displayed on a window or within a building and is intended for viewing from
the exterior.
site means a lot or a parcel of land, or in the case of a development located or to be located on more than one lot
or parcel of land, the aggregate of the lots or parcels of land on which the development is located or to be
located, and includes a condominium unit but does not include a road.
site area means the area contained within the boundaries of a site as shown on a plan of subdivision or as
described in a certificate of title.
General Definitions
161
site coverage means the percentage of a site that is covered by principal buildings, accessory buildings, and
other structures that have a roof such as verandas, porches, covered decks, balconies, and patios. The following
are excluded from site coverage:
Residential Accessory Buildings that are equal to or less than 10.0 m² to a maximum of three buildings;
eaves, cornices, cantilevers, and similar projections;
impermeable and semi-permeable surfaces including driveways, manoeuvring aisles, surface parking
areas, walkways, uncovered decks, patios, balconies, steps and stairways, above ground and below
ground swimming pools;
soft and hard landscaping and landscaping features including decorative ponds and gardens; and
minor structures associated with a residential use including gazebos, pergolas, arbors, children's play
structures, treehouses, sports equipment, fences, or retaining walls.
site depth means the shortest horizontal distance between the front property line and the rear property line.
site frontage means:
where used with reference to residential developments, the length of the front property line of the site;
and
where used with reference to non-residential developments, the length of the property line of a side of a
site that abuts a road other than an alley.
site width means the horizontal distance between the side property lines of a site measured at a distance 6.0 m
back from the midpoint of the front property line.
site, corner means:
a site located at the intersection of two roads that are not alleys, if the angle formed by that intersection
measures 135 degrees or less; or
a site having a property line that abuts a road which:
o
is not an alley, and
o
changes direction at any point where it abuts the site
if the angle formed by the change of direction as determined by the lines tangent to the property line
abutting the road measures 135 degrees or less.
special event permit means an approval issued by the office of the City Clerk for a one time, annual, or
infrequently occurring event on City of Medicine Hat property:
that may impact City operations, infrastructure, and/or services and could affect the public use of that
infrastructure and/or service;
that could include festivals, parades, run/walks, exhibits, sporting events, concerts, and block parties;
where normal traffic and pedestrian movement may be disrupted, road closures may be proposed, food
and alcohol may be served, fireworks or pyrotechnics may be used, large crowds are in attendance
including children, public safety may be impacted; and
that may require the approval of outside regulatory agencies such as Alberta Gaming, Liquor and
Cannabis, Alberta Health Services, or other authorities having jurisdiction.
statutory plan means an intermunicipal development plan, a municipal development plan, an area structure
plan, or an area redevelopment plan adopted by the City under Part 17, Division 4 of the Municipal Government
Act.
storey means that portion of a building which is situated between the top of any floor and the top of the floor next
above it, and if there is no floor above it, that portion between the top of a floor and the ceiling above it. The floor
of the first storey is the uppermost storey having its floor level not more than 2.0 m above building grade.
Subdivision and Development Appeal Board or SDAB means the Subdivision and Development Appeal Board
for the City.
Supportive Living Accommodation means buildings or units in buildings that are intended for permanent or
long-term residential living where services are provided to assist residents to live as independently as possible.
This does not include a Continuing Care Home or home care.
General Definitions
162
top of escarpment means the uppermost river valley system breakline or the slope edge defining the most
distinct break or topographic discontinuity in slope between the upper plateau and the river valley system wall,
where the overall slope changes from greater to less than 15 percent (8.5 degrees).
townhouse means a development where three or more principal dwellings are contained within a building where
each principal dwelling has separate access either at grade, or to grade from a stairwell.
traffic control device means a traffic control device as defined in the Traffic Safety Act: any sign, signal, marking
or device placed, marked or erected under the authority of the Traffic Safety Act for the purpose of regulating,
warning or guiding traffic.
units per hectare or UPH means the residential density of a site, calculated as a ratio of the number of dwellings
divided by the site area in hectares.
use means land use or the purposes or activities for which a piece of land or its building(s) are designed,
arranged, developed, or intended, or for which it is occupied or maintained.
use, ancillary means a minor or incidental use of land or a building which is secondary or subsidiary to, but a
part of, integral to, and is a typical and expected service or function of a principal use or accessory use of a site.
use, discontinued means the status of the use of land or a building when a use of land or a building has been
discontinued for six consecutive months or more. Subsequent development or use of land or a building with the
status of discontinued use must obtain development permit approval.
use, discretionary means a use of land or a building for which the Development Authority may in its discretion
issue a development permit to an Applicant, if the application otherwise conforms to this Bylaw.
use, non-conforming means a lawful specific use being made of land or a building or intended to be made of a
building lawfully under construction at the date a land use bylaw affecting the land or building becomes effective;
and that on the date the land use bylaw becomes effective does not, or in the case of a building under
construction will not, comply with the land use bylaw.
use, permitted means a use of land or a building for which a development permit must be issued to an Applicant,
with or without conditions, if the development permit application otherwise conforms to this Bylaw.
use, principal means the primary use of a site or development.
variance means a variation, relaxation or waiver of a development regulation or other requirement of this Bylaw,
allowed as a condition of a development permit for a development that is a permitted use, a discretionary use or a
Similar Use in the district or overlay where it is proposed to be located, or as a condition of a development permit
for a sign.
vehicle means a motor vehicle as defined in the Traffic Safety Act:
a vehicle propelled by any power other than muscular power; or
a moped,
but does not include a bicycle, a power bicycle, an aircraft, an implement of husbandry or a motor vehicle that
runs only on rails.
vehicle visit means a visit by any person, by vehicle, to the location or approximate location of a home
employment accessory use, where such visit is for any purpose connected with that use, but does not include:
a visit by a person employed by the City or any other government agency for the purpose of carrying out
an inspection in the course of that person's assigned duties; and
a visit, related to the home employment accessory use, by the owner, agent, business supplies courier,
or an employee thereof, provided that the frequency and nature of such visits do not, in the opinion of the
Development Authority, conflict with or alter the residential character of the area of the district in which
the use is located.
vehicle, dilapidated means a vehicle that is:
incapable of being safely operated;
partially or fully dismantled; or
substantially damaged.
General Definitions
163
vehicle, large means a vehicle, other than a recreational vehicle:
with a gross vehicle weight, vehicle signage, or vehicle registration, to be in excess of 6500 kilograms;
with one or more of the following characteristics:
o
tandem axles,
o
a passenger capacity in excess of 15 persons, or
o
dual wheels where the vehicle includes a flat deck or other form of utility deck; and
that can be generally described as a bus, cube van, dump truck, flatbed truck, or tractor trailer.
voluntary waiver of claims means a document executed and submitted by the holder of a development permit,
for the purpose of allowing that person to commence the development or cause or allow it to be commenced,
before the period for appeal to the SDAB has expired.
week means a seven consecutive day period beginning on a Monday and terminating on the immediately
following Sunday.
xeriscaping means a style of landscaping design which uses native and drought-resistant plants and materials to
make water efficient landscapes that require little or no irrigation or other maintenance.
yard, exterior side means a side yard that abuts a road.
yard, front means the portion of a site extending across the full width of the site that is bounded on one side by a
front property line and on the other side by a notional line that is flush with the front of the principal building and
extends to the side property lines.
yard, interior side means a side yard that does not abut a road.
yard, rear means the portion of a site extending across the full width of the site that is bounded on one side by a
rear property line and on the other side by a notional line that is flush with the side of the principal building that is
nearest to the rear property line and extends to the side property lines.
yard, side means that portion of a site situated between:
the side property line and the nearest wall of the principal building on the site (not including projections);
and
the front yard and the rear yard.
164
READ A FIRST TIME in open Council on May 4, 2026.
READ A SECOND TIME in open Council on June 1, 2026.
READ A THIRD TIME in open Council on June 1, 2026.
SIGNED AND PASSED on June 2, 2026.
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Neighbourhood Residential 1 (N-R1)
Neighbourhood Residential 2 (N-R2)
Neighbourhood Residential 3 (N-R3)
Neighbourhood Residential 4 (N-R4)
Planned Residential Community Special Use (SU-PRC)
Neighbourhood Commercial 1 (N-C1)
Neighbourhood Commercial 2 (N-C2)
Natural and Open Space (NOS)
Neighbourhood Parks, Recreation and Schools (N-PRS)
Regional Park Special Use (SU-RP)
Semi-Public Special Use (SU-SP)
Neighbourhood Community and Culture (N-CC)
Urban Villages and Corridors (UVC)
Urban Core (UC)
Regional Commercial Special Use (SU-RC)
Light/Medium Industrial (I-LM)
Heavy Industrial (I-H)
Airport Special Use (SU-AIR)
Infrastructure Special Use (SU-INF)
Direct Control Special Use (SU-DC)
Future Urban Development (FUD)
Land Use District Map
"Schedule A"
Land Use Districts
§
Updated June 1, 2026
Planning and Development Services © 2026
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